[[1]HISTORY: Adopted by the Common Council of the City of Montello 5-7-1984 as Title 8,
Ch. 3 of the 1984 Code. Amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was changed from
"Snowmobiles" to "Snowmobiles and ATV/UTV Use" 7-28-2022.
Except as otherwise specifically provided in
this chapter, the statutory provisions describing and defining regulations
with respect to snowmobiles in the following enumerated sections of
the Wisconsin Statutes are hereby adopted by reference and made part
of this chapter as if fully set forth herein. Acts required to be
performed or prohibited by such statutes are required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the statutes incorporated herein by reference are intended to be
made part of this Code.
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350.01
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Definitions
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350.02
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Operation of snowmobiles on or in the vicinity
of highways
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350.03
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Right-of-way
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350.04
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Snowmobile races, derbies and routes
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350.045
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Public utility exemption
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350.047
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Local ordinance to be filed
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350.05
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Operation by youthful operators restricted
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350.055
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Safety certification program established
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350.07
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Driving animals
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350.08
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Owner permitting operation
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350.09
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Head lamps, tail lamps and brakes, etc.
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350.10
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Miscellaneous provisions for snowmobile operation
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350.12
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Registration of snowmobiles
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350.125
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Completion of application for registration by
snowmobile dealers
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350.13
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Uniform trail signs and standards
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350.15
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Accidents and accident reports
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350.18
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Local ordinances
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350.19
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Liability of landowners
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350.99
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Parties to a violation
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No person shall operate a snowmobile upon any
public right-of-way or highway within the City of Montello at a speed
in excess of that permitted or posted for other motor vehicles or
in any public park or area at a speed in excess of 10 miles per hour.
[Amended 7-6-2005]
No person shall operate a snowmobile upon any
public highway or other public property, in any public park, or upon
any private premises open to the public for snowmobiling within the
City of Montello between the hours of 1:00 a.m. and 7:00 a.m. on any
day, except in cases of emergency.
A.
No person shall leave or allow a snowmobile owned
or operated by him to remain unattended on any public highway or public
property while the motor is running or with the starting key left
in the ignition.
B.
Snowmobile parking is prohibited in the parking lot
on the south side of the Municipal Building. Snowmobiles will be allowed
to park in the area of the Montello Marina on the north side of the
building. The parking area will be posted by signs. Parking will be
permitted from 6:00 p.m. to 1:00 a.m. on any day in a designated area
on the paved portion near the southwest corner of the Municipal Building.
The Montello Snowmobile Club will post signs stating the hours of
parking, hours of operation and the speed limit at both of the designated
parking areas.
[Amended 7-6-2005]
No person shall operate a snowmobile on any
sidewalk or pedestrianway within the City of Montello.
No person shall operate a snowmobile on any
private property not owned or controlled by him within the City of
Montello without the express consent or permission of the owner.
A.
If he can do so without serious danger to his own
snowmobile or to persons on board, the operator of a snowmobile involved
in a snowmobile accident within the City of Montello shall stop his
snowmobile and shall render to other persons affected thereby such
assistance as may be practicable and necessary to save them from or
minimize any danger caused by the accident and shall give his name
and address and identification of his snowmobile to any person injured
and to the owner of any property damaged in the accident.
B.
If the snowmobile accident results in death or injury
to any person or total property damage in excess of $200, every operator
of a snowmobile involved in such accident shall, as soon as possible,
notify the City Police Department of the accident and shall, within
10 days after the accident, file a written report thereof with the
Department on forms prescribed by it.
C.
If the operator of a snowmobile is physically incapable
of making the report required by this section and there was another
occupant in the snowmobile at the time of the accident capable of
making the report, he shall make such report.
D.
"Snowmobile accident" means a collision, accident
or other casualty involving a snowmobile.
A.
Except as provided in § 350.03, Wis. Stats.,
no person shall operate a snowmobile upon any public right-of-way,
sidewalk, cemetery property, or any public property, except upon designated
snowmobile trails.
B.
When a snowmobile club is organized, such club shall
be responsible for marking and maintaining designated routes and trails
which have been approved by the Common Council and within the City
of Montello in accordance with Wisconsin Statutes.
D.
Snowmobiles operated on designated snowmobile routes
over public highways shall observe the rules of the road for motor
vehicles set forth in Ch. 346, Wis. Stats., which is hereby adopted
by reference and made part of this chapter as if fully set forth herein.
Any act required to be performed or prohibited by such statutes is
required or prohibited by this chapter.
No person shall operate or ride upon a snowmobile
on any lake or river within the City of Montello at any time or place
when such operation has been declared unsafe by the Chief of Police.
The Chief of Police is authorized and directed to procure, erect and
maintain signs and markers giving notice that such restrictions are
in effect at all public access points.
A.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be subject to the
penalties in which case applicable as provided by the Wisconsin Statutes
or the City of Montello Code.
B.
The uniform traffic citation promulgated under § 345.11,
Wis. Stats., shall be used for violation of this chapter relating
to highway use, except as herein provided.
[Added 5-7-2018]
A.
In accordance with 2017 Act 87, Section 3.23.33(11)(am)4,[1] a city, village, or town may enact an ordinance to authorize
the operation of all-terrain vehicles (ATVs) and utility terrain vehicles
(UTVs) on a highway that is not part of the national system of interstate
and defense highways, that has a speed limit of 35 miles per hour
or less, and that is located within the territorial boundaries of
the city, village, or town regardless of whether the city, village,
or town has jurisdiction over the highway.
[1]
Editor’s Note: See § 23.33(11)(am)4, Wis. Stats.
B.
The City of Montello hereby ordains the below state highway areas
approved for this use:
[Amended 4-1-2019; 7-28-2022]
(1)
State Highway 22 (Main Street) from 5th Street north to State Highway
23 (Montello Street).
(2)
State Highway 22 (Church Street) from State Highway 23 (Montello
Street) north to Park Street.
(3)
State Highway 23 (Underwood Avenue) from County Highway B east to
Montello Street, Montello Street east to County Highway C.
[Added 8-26-2020]
Except as otherwise specifically provided in this chapter, the
statutory provisions describing and defining regulations with respect
to all-terrain vehicles (ATV) and utility terrain vehicles (UTV) in
Wis. Stats., § 23.33, are hereby adopted by reference and
made part of this chapter as if fully set forth herein. Acts required
to be performed or prohibited by such statutes are required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the statutes incorporated herein by reference are intended to be
made part of this code.
