[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 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 Ch. 350, Wis. Stats., for which the penalty is a
forfeiture only, exclusive of any provisions for which the statutory
penalty is a fine or term of imprisonment or exclusively state charges,
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 statutory provisions are required or prohibited by this chapter.
Any future amendments, revisions or modifications of such statutory
provisions incorporated herein by reference are intended to be made
part of this chapter.
No person shall operate a snowmobile upon any street, highway
or alley within the Village of Luck 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 § 476-9 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 10:00 p.m. and 7:00 a.m., except for returning home via the
most direct route.[1]
C.
Restriction on equipment. No snowmobile 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.[2]
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 § 476-9 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
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.
Routes designated. Except as provided 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
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.
No person shall operate a snowmobile on Main Street.
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 540, 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 costs of prosecution.[1]
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 by the Chief or officer designated by him. The officer authorized
to accept penalties and deposits shall be bonded and such bond shall
be filed with the Village Clerk-Treasurer.
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]