[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Title 8, Ch. 3 of the 1988 Code. Amendments noted where
applicable.]
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.
350.01
|
Definitions
|
350.02
|
Operation of snowmobiles on or in the vicinity
of highways
|
350.03
|
Right-of-way
|
350.04
|
Snowmobile races, derbies and routes
|
350.045
|
Public utility exemption
|
350.047
|
Local ordinance to be filed
|
350.05
|
Operation by youthful operators restricted
|
350.055
|
Safety certification program established
|
350.07
|
Driving animals
|
350.08
|
Owner permitting operation
|
350.09
|
Head lamps, tail lamps and brakes, etc.
|
350.10
|
Miscellaneous provisions for snowmobile operation
|
350.12
|
Registration of snowmobiles; trail use stickers
|
350.125
|
Completion of application for registration by
snowmobile dealers
|
350.13
|
Uniform trail signs and standards
|
350.15
|
Accidents and accident reports
|
350.17
|
Enforcement
|
350.18
|
Local ordinances
|
350.19
|
Liability of landowners
|
350.99
|
Parties to a violation
|
No person shall operate a snowmobile upon any
street, highway or alley within the Village of Siren 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.
Speed. No person shall operate a snowmobile within the Village or on any trail designated in § 451-9 of this chapter at a speed in excess of 20 miles per hour.
B.
Hours of operation restricted. Except on a designated
trail, no person shall operate a snowmobile anywhere within the Village
between the hours of 11:00 p.m. and 7:00 a.m., except for returning
home via the most direct route.[1]
C.
Restriction on equipment. No snowmobile or other vehicle
operating on the snowmobile route shall be allowed if it has an expansion
chamber or any muffler other than the type and size provided by the
manufacturer. Each snowmobile must display a lighted headlight and
taillight at all times, and said lights must conform to the requirements
of § 350.09, Wis. Stats.
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.
No person shall operate a snowmobile upon any sidewalk or pedestrianway or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 451-9 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
A.
Operation on private property. Except as permitted
by this Code, it shall be unlawful to operate any snowmobile on the
Village streets, alleys, parks, or parking lots or on any public lands
or private lands or parking lots held open to the public. The operator
shall at all times have the express consent of the owner before operation
of such snowmobile on private property not owned or controlled by
him.[1]
B.
Permitting operation by improper persons prohibited.
No owner or person having charge or control of a snowmobile shall
authorize or permit any person to operate such snowmobile who is not
permitted under state law to operate such snowmobile or who is under
the influence of an intoxicant or a dangerous narcotic drug.
C.
Operation while under influence prohibited. Section
346.63, Wis. Stats., shall apply to the operation of a snowmobile
any place within the Village.
D.
Operation in parks. No person shall drive a snowmobile
in any park within the Village except upon designated snowmobile trails
as shall be designated by the Village Board.
E.
Written consent of owner required. The consent required under § 350.10(1)(f), (k), (L) and (m), Wis. Stats., and in Subsection A above shall be written consent dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each must be obtained.
A.
No person under the age of 12 years may operate a
snowmobile. No person over the age of 12 years but under the age of
16 years may operate a snowmobile unless he holds a valid snowmobile
safety certificate or is accompanied by a person over 18 years of
age or by a person over 14 years of age having a snowmobile safety
certificate issued by the Department of Natural Resources.
B.
No person shall operate any snowmobile upon any street,
alley or other public right-of-way in the Village unless such person
shall have a valid motor vehicle operator's license or unless such
operator is accompanied by a person who has a valid motor vehicle
operator's license and who is occupying a seat on the vehicle.
A.
If he can do so without serious danger to himself
or to persons on board, the operator of a snowmobile involved in a
snowmobile accident within the Village 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 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 shall make such report.
D.
"Snowmobile accident" means a collision, accident
or other casualty involving a snowmobile.
A.
Routes designated. Except as provided in §§ 350.02 and 350.045, Wis. Stats., and Subsection B herein, or for snowmobile events authorized in accordance with § 350.04, Wis. Stats., no person shall operate a snowmobile upon any public right-of-way, in any public park or on any other public municipal property in the Village except upon snowmobile routes and trails designated by the Village Board. The designated routes to be used within the Village limits shall be adopted by resolution by the Village Board, a copy of which shall be on file with the Village Clerk-Treasurer.[1]
B.
Trail markers. The Director of Public Works is directed
and authorized to procure, erect and maintain appropriate snowmobile
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.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 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 511, 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. Such deposits shall include a Clerk-Treasurer's fee as set by the Village Board and costs of prosecution.
D.
Village Clerk-Treasurer to receive stipulations and
penalties. Stipulations, forfeited penalties and deposits for obtaining
release from arrest authorized under this chapter may be accepted
at the Village Clerk-Treasurer's office by the Clerk-Treasurer or
an officer designated by the Clerk-Treasurer. The officer authorized
to accept penalties and deposits shall be bonded and such bond shall
be filed with the Village Clerk-Treasurer.[1]
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 Village Board.[2]