[HISTORY: Adopted by the Village Board of the Village of
Clyman as Title 10, Ch. 3, of the 1998 Village Code of Ordinances.
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.
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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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350.08
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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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350.12
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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 Village of Clyman 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 to remain unattended on any public highway or public property
while the motor is running or with the starting key left in the ignition.
A.
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 this section or state law to operate such snowmobile or who
is under the influence of an intoxicant or a dangerous or narcotic
drug.
B.
Operation while under influence prohibited. Section 346.63, Wis.
Stats., shall apply to the operation of a snowmobile anywhere within
the Village.
C.
Written consent of owner required. The consent required under § 350.10(1)(f),
(k), (l) and (m), Wis. Stats., 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 shall
be obtained. Private property includes church yards, school playground
areas and areas and hills where children are at play.
D.
Access routes. All streets and alleys, except state, federal and
county highways are hereby designated as access routes to snowmobile
routes.
E.
Traffic requirements. All snowmobiles operated on roads or streets
within the Village shall conform to all directional traffic requirements
of the Wisconsin Statutes.
F.
Mufflers. All snowmobiles operated on roads or streets within the
Village shall while in operation be equipped with a muffler of the
type installed by the original manufacturer of the snowmobile.
G.
Right-of-way. Any person operating a snowmobile on roads or streets
within the Village shall yield the right-of-way to all pedestrians
and vehicular traffic.
H.
Sidewalks. Snowmobiles shall not be operated upon any sidewalk within
the Village.
I.
Parking. No person shall park or leave unattended a snowmobile upon
any road, street, highway or alley within the Village.
A.
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. 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.[1]
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 his own snowmobile 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 law enforcement
of the accident and shall, within 10 days after the accident, file
a written report thereof with law enforcement 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 350.03, Wis. Stats., no person shall operate a snowmobile on any
public right-of-way or public grounds, except upon snowmobile routes
designated by Village Board resolution.
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, forfeit not less than $10 nor more than $1,000, together with the costs of prosecution, and, in default of payment thereof, may be imprisoned in the county jail for not exceeding 10 days, 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 405, Vehicles and Traffic, of the Code of the Village of Clyman.
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 Subsections A or B shall be enforced in accordance with §§ 66.0114 and 66.0111 of the Wisconsin Statutes. 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.
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.[1]
