[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 10, Ch. 3
of the 2001 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 454.
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 chapter.
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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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350.8
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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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350.101
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Intoxicated snowmobiling
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350.102
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Preliminary breath screening test
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350.1025
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Application of intoxicated snowmobiling law
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350.104
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Chemical tests
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350.106
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Report arrest to department
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350.107
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Officer's action after arrest for operating
a snowmobile while under influence of intoxicant
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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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350.17
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Enforcement
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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
street, highway or alley within the City of Weyauwega in violation
of the traffic regulation provisions of §§ 346.04,
346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26,
346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47,
346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87,
346.88, 346.89, 346.90, 346.91, 346.92(1) and 346.94(1) and (9), Wis.
Stats.
A.
Operation restrictions. Operation of snowmobiles on
the designated snowmobile route shall be subject to the following
restrictions:
(1)
Stop/yield. Each snowmobile shall stop at each street
or highway to be crossed and yield the right-of-way to all motor vehicles
approaching on each such street or highway.
(2)
Yielding right-of-way. Travel on rights-of-way of
City streets and highways shall be limited to those which are posted,
and snowmobiles shall, at all times, yield the right-of-way when crossing
streets and highways to all vehicular traffic.
(3)
Street operating rules. When traveling on the roadways
of streets and highways, operators shall obey the following requirements:
(a)
Snowmobiles are to be operated on the extreme
right side of the roadway.
(b)
Left turns shall be made as safely as possible
from any position depending on snow cover and other prevailing conditions.
(c)
Operators are to yield the right-of-way to other
vehicular traffic and pedestrians.
(d)
The speed limit shall be 20 miles per hour.
(4)
Speed. When traveling adjacent to the roadways of
streets or highways on their rights-of-way and on private property
and over public waters, snowmobiles shall be operated at no more than
20 miles per hour and yield the right-of-way when traveling within
100 feet of a person who is not in or on a snowmobile.
(5)
Statutory requirements. Operation of snowmobiles shall
comply with such other and further conditions as are imposed upon
operators under § 350.02, Wis. Stats.
B.
Unattended vehicles. No person shall leave or allow
a snowmobile or all-terrain vehicle owned or operated by him/her to
remain unattended on any public highway or public property while the
motor is running or with the starting key in the ignition.
C.
Operation on sidewalks prohibited. No person shall
operate a snowmobile or all-terrain vehicle upon any sidewalk or pedestrianway
or upon the area between the sidewalk and the curbline of any street
in the City of Weyauwega, except for the purpose of crossing to obtain
immediate access to an authorized area of operation.[1]
D.
Operation on public and private property restricted.
(1)
No person shall operate a snowmobile or all-terrain
vehicle on any private property not owned or controlled by him/her
within the City of Weyauwega without the express consent or permission
of the owner.
E.
Age of operators.
(1)
No person under the age of 12 years may operate a
snowmobile unless accompanied by a parent or guardian or a person
18 years of age or older. Persons between 12 and 16 years of age must
possess a valid snowmobile safety certificate or be accompanied by
a person over 18 years of age or a person over 14 years of age holding
a valid snowmobile safety certificate.
(2)
No person 16 years of age or over may operate a snowmobile
or all-terrain vehicle upon any street, alley or public right-of-way
in the City of Weyauwega unless such person has a valid motor vehicle
operator's license.
(3)
No owner or other person having charge or control
of a snowmobile or all-terrain vehicle may knowingly authorize or
permit any person to operate the snowmobile or all-terrain vehicle
if the person is prohibited from operating a snowmobile or all-terrain
vehicle under Wisconsin Statutes or this chapter, or if the person
is incapable of operating a snowmobile or all-terrain vehicle because
of physical or mental disability, or if the person is under the influence
of alcohol beverages or controlled substances or a combination thereof
or under the influence of any other drug to a degree which renders
him/her incapable of safely operating a snowmobile or all-terrain
vehicle.
(4)
No parent or guardian of any child shall authorize
or knowingly permit such child to operate a snowmobile or all-terrain
vehicle if the child is prohibited from operating a snowmobile or
all-terrain vehicle under Wisconsin Statutes or this chapter.
F.
Pursuit of animals. No operator shall violate § 350.07,
Wis. Stats., by driving or pursuing any animal with a snowmobile or
all-terrain vehicle.
G.
Proper lighting. Each snowmobile or all-terrain vehicle
operator on the designated route shall see to it that his/her snowmobile
or all-terrain vehicle is equipped with proper, operating headlamps,
taillights and brakes and other required equipment all in accord with
§ 350.09, Wis. Stats.
H.
Miscellaneous regulations. No person shall operate
a snowmobile or all-terrain vehicle in the following manner:
(1)
At a rate of speed that is unreasonable or improper
under the circumstances.
(2)
In any careless way so as to endanger the person or
property of another.
(3)
In such a way that the exhaust of the motor makes
an excessive or unusual noise.
(4)
Without a functioning muffler.
(5)
On the private property of another without the consent
of the owner or lessee.
(6)
On the frozen surface of public waters within 100
feet of a person not in or upon a vehicle or within 100 feet of a
fishing shanty unless operated at a speed of 10 miles per hour or
less.
(7)
On a slide, ski or skating area except for purposes
of servicing the area, crossing at places where marked or after stopping
and yielding the right-of-way.
(8)
On or across a cemetery, school or church property
without consent of the owner.
I.
Intoxicated snowmobiling prohibited. The restrictions
of § 350.101, Wis. Stats., are hereby incorporated by reference
and it shall be a violation of this section to engage in operation
of a snowmobile while under the influence of an intoxicant to a degree
which renders the operator incapable of safe snowmobile operation.
In addition, §§ 350.102 through 350.107, Wis. Stats.,
are incorporated herein by reference for enforcement purposes against
intoxicated use of a snowmobile.
J.
Nonassumption of liability. By enacting this chapter
designating a snowmobile route through the City, portions of which
cross private properties or frozen surfaces, the City is assuming
no responsibility for any property damage or personal injuries sustained
by any persons as a result of the operation of snowmobiles across
those properties.
A.
If he/she can do so without serious danger to his/her
own snowmobile or to persons on board, the operator of a snowmobile
involved in a snowmobile accident within the City shall stop his/her
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/her
name and address and identification of his/her 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 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 on the snowmobile at the time of the accident capable of
making the report, he/she shall make such report.
D.
"Snowmobile accident" means a collision, accident
or other casualty involving a snowmobile.
A.
Routes designated. Except as provided herein and in
§§ 350.02 and 350.045, Wis. Stats., or for snowmobile
events authorized in accordance with § 350.04, Wis. Stats.,
no person shall operate a snowmobile or all-terrain vehicle upon any
public right-of-way, in any public park, or on any other public municipal
property in the City of Weyauwega except upon snowmobile or all-terrain
vehicle routes and trails designated by resolution by the City Council,
on file with the Police Department.
B.
Trail markers. The Chief of Police is directed and
authorized to procure, erect and maintain appropriate snowmobile or
all-terrain vehicle route, trail and limit signs and markers as approved
by the State Department of Natural Resources under § 350.13,
Wis. Stats. The Chief of Police shall have the power to declare the
stated snowmobile routes and trails either open or closed.
C.
Markers to be obeyed. No person shall fail to obey
any route or trail sign, marker or limit erected in accordance with
this section.
D.
Operation of snowmobiles in City limited to designated
route. Snowmobiles or all-terrain vehicles shall not be operated upon
any street, highway or alley, nor upon any public property in the
City, subject to the following express exceptions:
(1)
Upon the designated route.
(2)
Upon a street, highway or alley right-of-way providing
the most direct route between a snowmobile or all-terrain vehicle
operator's place of residence in the City and the designated route.
The sole reason for allowing the use of streets, highways or alleys
other than those incorporated into the designated route for snowmobile
and all-terrain vehicle operation purposes shall be limited strictly
to access to and from the designated route for snowmobile and all-terrain
vehicle operators whose places of residence are in the City. At all
times when operating on other than the designated route, snowmobile
and all-terrain vehicle operators shall comply with speed and right-of-way
limitations as set forth at §§ 350.02 and 350.03, Wis.
Stats.
E.
Rules of operation. Snowmobiles and all-terrain vehicles operated on designated snowmobile and all-terrain vehicle routes over public highways shall observe the rules of the road for motor vehicles set forth in Ch. 346, Wis. Stats., and Chapter 454, Vehicles and Traffic, of this Code, which are 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 laws is required or prohibited by this section.
F.
Declaring trails closed. Due to weather conditions
or emergency, the Chief of Police may declare snowmobile and all-terrain
vehicle trails closed within the City.
There shall be no restriction on the hours of operation of a
snowmobile in the City of Weyauwega.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-3 of this Code, provided that no person shall forfeit an amount in excess of the maximum fine or forfeiture allowed in the Wisconsin Statutes for the same offense, and further provided that the penalty and forfeiture for parking violations on highways shall be the amount applicable to such violations by owners or operators of motor vehicles under Chapter 454, Vehicles and Traffic, of this Code.
A.
Uniform citation for highway violations. The uniform
traffic citation promulgated under § 345.11, Wis. Stats.,
shall be used for violations of this chapter relating to highway use
except as herein provided.
C.
Other violations. All violations of this chapter not described in Subsection A or B shall be enforced in accordance with §§ 66.0111 and 66.0114, Wis. Stats. Stipulations of guilt or no contest may be made as provided in § 66.0114(1)(b), Wis. Stats., in substantially the form provided in the uniform traffic citation within five days of the date of the citation for such violation. Bail deposits may also be made under § 66.0114, Wis. Stats.
D.
Police Department to receive stipulations and penalties.
Stipulations, forfeited penalties and deposits for obtaining release
from arrest authorized under this chapter may be accepted at the Police
Department offices.
E.
Forfeited penalties and deposits. Except as otherwise
provided in § 345.26, Wis. Stats., and the deposit schedule
adopted by the Wisconsin Judicial Conference thereunder, required
penalties and deposits or bail, not including costs or fees, for violation
of this chapter shall be as established by the schedule adopted by
the City Council.[1]
