Except as otherwise specifically provided in this article, 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 article
as if fully set forth herein. Acts required to be performed or prohibited
by such statutes are required or prohibited by this article. 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
|
350.101
|
Intoxicated Snowmobiling
|
350.102
|
Preliminary Breath Screening Test
|
350.1025
|
Application of Intoxicated Snowmobiling Law
|
350.104
|
Chemical Tests
|
350.106
|
Report Arrest to Department
|
350.107
|
Officer's Action After Arrest for Operating a Snowmobile While
Under Influence of Intoxicant
|
350.11
|
Penalties
|
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 Argyle 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.
No person shall leave or allow a snowmobile 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 left in the ignition.
No person shall operate a snowmobile upon any sidewalk, pedestrianway or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 541-7 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
[Amended 7-11-2012]
A.Â
Traffic flow and speed. Snowmobile traffic must travel with the normal
traffic flow using the right-hand lane of traffic on all routes. The
speed of a snowmobile must be reasonable and prudent as determined
by existing conditions and shall at no time exceed 15 miles per hour
within the Village limits while on the routes established.
B.Â
Parking. Parking of snowmobiles on the streets of the Village is
prohibited except that parking of snowmobiles out of the traffic lanes
will be permitted on the snowmobile route portion.
C.Â
Travel. Snowmobiles will operate on the right-hand side of the street
or thoroughfare, making a full stop before crossing over an intersecting
street, highway or thoroughfare, and yielding the right-of-way at
all times. Snowmobiles will travel in single file.
D.Â
Prohibited areas of operation. No person shall operate a snowmobile
within the Village limits of the Village of Argyle contrary to the
following prohibitions:
(1)Â
On a private property marked or signed prohibiting use by snowmobiles.
(2)Â
Within 50 feet of any dwelling or residential structure, except for
the purpose of removing and returning a snowmobile to its place of
storage and except when on a designated trail or authorized snowmobile
access to a residence.
(4)Â
In all Village parks except on marked snowmobile trails.
E.Â
Restrictions on operators.
(1)Â
Age restriction. No person under the age of 12 years may operate
a snowmobile unless the person is accompanied either by a parent or
guardian or by a person over 18 years of age.
(2)Â
Snowmobile safety permit or operator's license required. No person
over the age of 12 years but under the age of 16 years may operate
a snowmobile unless he/she 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. Any person who is over the age of 12 and under
the age of 16 who holds a snowmobile safety certificate shall carry
it while operating a snowmobile and shall display it to a law enforcement
officer on request. Persons enrolled in a safety certification program
approved by the Department may operate a snowmobile in an area designated
by the instructor.
(3)Â
Exceptions. This subsection does not apply to the operation of snowmobiles
by an operator under the age of 16 years upon lands owned or leased
by the operator's parent or guardian. As used in this subsection,
"leased lands" does not include land leased by an organization of
which said operator or the operator's parent or guardian is a member.
(4)Â
ACCOMPANIED
Definition. For purposes of this subsection, the following terms
shall have the meanings indicated:
Being on the same snowmobile as the operator.
A.Â
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 Village 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.Â
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.Â
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.Â
"Snowmobile accident" means a collision, accident or other casualty
involving a snowmobile.
A.Â
Snowmobile routes and trails designed.
(1)Â
Restrictions. Except as provided in §§ 350.02 and 350.045, Wis. Stats., for snowmobile events authorized in accordance with § 350.04, Wis. Stats., or when accessing a residence pursuant to Subsection G below, no person shall operate a snowmobile upon any public right-of-way, in any public part, or any other public municipal property in the Village of Argyle, except upon designated snowmobile routes and trails established by resolution of the Village Board.
(2)Â
Markers to be obeyed. All persons using snowmobiles on the routes
designated shall obey all markers or limitations indicated by trail
signs or directions thereon, which are erected in accordance with
the terms of this article.
B.Â
Operation on private premises restricted. No person shall operate
a snowmobile on any private property not owned or controlled by him/her
within the Village of Argyle without the express consent or permission
of the owner of said property.
[Amended 7-11-2012]
C.Â
Enforcement. This section shall be enforced by any law enforcement
officer of the Village of Argyle.
D.Â
Trail markers. The Chief of Police is directed and authorized to
procure, erect and maintain appropriated snowmobile route, trail or
limit markers.
E.Â
Rules of operation. 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., and Chapter 630 of this Code, which is hereby adopted by reference and made part of this article 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.Â
Declaring trails closed. Due to weather conditions or emergencies,
the Village President or Chief of Police may declare snowmobile trails
closed within the Village.
G.Â
Snowmobile access from a residence or lodging establishment to a
snowmobile route.
(1)Â
Intent. The intent of this subsection is to provide a means for persons
to travel from a residence or lodging establishment within the limits
of the Village of Argyle, for the shortest distance that is necessary
for a person to operate a snowmobile to the snowmobile route or trail
that is closest to that residence or lodging establishment.
(2)Â
Statutory authority. This subsection is adopted as authorized under
§ 350.18(3)(a), Wis. Stats.
(3)Â
Designated roadways and/or highways. This subsection shall allow
the operation on the right-hand side of any roadway or the right shoulder
of any highway in the Village. Snowmobiles shall not be operated in
any fire lanes.
(4)Â
Speed. A snowmobile operated on a portion of the roadway or shoulder
pursuant to this subsection shall observe roadway speed limits.
(5)Â
Penalties. Wisconsin state snowmobile penalties, as found in § 350.11(1)(a),
Wis. Stats., are adopted by reference.
Any person who shall violate any provision of this article shall, upon conviction thereof, forfeit not less than $25 and not more than $500, together with the costs of prosecution, provided 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 630 of this Code.
A.Â
Uniform citation for highway violations. The uniform traffic citation
promulgated under § 345.11, Wis. Stats., shall be used for violations
of this article relating to highway use except as herein provided.
C.Â
Other violations. All violations of this article 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, 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.Â
Police Department to receive stipulations and penalties. Stipulations,
forfeited penalties and deposits for obtaining release from arrest
authorized under this article may be accepted at the Police Department
offices.
E.Â
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 article
shall be as established by the schedule adopted by the Village Board.
The penalty for violation of any provision of this article shall be
a forfeiture as hereafter provided together with costs under §
345.27, Wis. Stats., and a penalty assessment, where applicable, as
required under § 757.05, Wis. Stats.