Village of Argyle, WI Article I Snowmobiles

§ 541-1 State snowmobile laws adopted.

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

§ 541-2 Applicability of traffic regulations to snowmobiles.

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.

§ 541-3 Unattended vehicles.

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.

§ 541-4 Operation on sidewalks prohibited.

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.

§ 541-5 Restrictions on snowmobile operators.

[Amended 7-11-2012]

A. 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. 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. 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. 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) On a private property marked or signed prohibiting use by snowmobiles.

(2) 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.

(3) On the following public ways, except to cross perpendicularly:

(a) All sidewalks.

(b) All alleys except on officially designated routes.

(c) All boulevards.

(d) All streets except on officially designated routes or accessing a residence as authorized by this article.

(4) In all Village parks except on marked snowmobile trails.

E. Restrictions on operators.

(1) 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) 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) 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) Definition. For purposes of this subsection, the following terms shall have the meanings indicated:

ACCOMPANIED

Being on the same snowmobile as the operator.

§ 541-6 Accidents and accident reports.

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 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. 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.

§ 541-7 Snowmobile routes and trails designated.

A. Snowmobile routes and trails designed.

(1) 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) 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. 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. Enforcement. This section shall be enforced by any law enforcement officer of the Village of Argyle.

D. Trail markers. The Chief of Police is directed and authorized to procure, erect and maintain appropriated snowmobile route, trail or limit markers.

E. 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. 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. Snowmobile access from a residence or lodging establishment to a snowmobile route.

(1) 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) Statutory authority. This subsection is adopted as authorized under § 350.18(3)(a), Wis. Stats.

(3) 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) Speed. A snowmobile operated on a portion of the roadway or shoulder pursuant to this subsection shall observe roadway speed limits.

(5) Penalties. Wisconsin state snowmobile penalties, as found in § 350.11(1)(a), Wis. Stats., are adopted by reference.

§ 541-8 Violations and penalties.

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.

§ 541-9 Enforcement.

A. 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.

B. Parking violations. The special traffic citation described and defined in Chapter 630 of this Code shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 541-1 of this article.

C. 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. 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. 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.