[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 10, Ch. 3, of the 1997 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.
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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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350.101
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Intoxicated snowmobiling
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350.102
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Preliminary breath screening test
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350.1025
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Application of intoxicated snowmobiling law
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350.103
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Implied consent
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350.104
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Chemical tests
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350.106
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Report arrest to department
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350.107
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Officer's action after arrest for operating a snowmobile
while under the influence of an intoxicant
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350.108
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Public education program
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350.12
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Registration of snowmobiles; trail use stickers
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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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350.135
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Interference with uniform trail signs and standards prohibited
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350.15
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Accidents and accident reports
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350.155
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Coroners and medical examiners to report; require blood specimen
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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 City of Brodhead 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, 346.215(3), 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.
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 City, except as specifically authorized by § 381-8 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
A.
Speed. No person shall operate a snowmobile upon any public highway within the City at a speed in excess of 20 miles per hour. No person shall operate a snowmobile on any trail designated in § 381-8 of this chapter or in any public park or recreation area at a speed in excess of the posted limit.
B.
Intersections. Snowmobiles using City streets as routes shall stop
at every intersection and yield the right-of-way to all other vehicular
traffic and pedestrians.
C.
Hours of operation. No person shall operate a snowmobile in the City
between 10:00 p.m. and 7:00 a.m., except upon a public highway as
authorized by state statutes and this section or for the purpose of
gaining access to or leaving such highway or snowmobile route, provided
residents outside the City limits and nonresidents within the City
limits may make one ingress or egress trip during the prohibited hours.
A.
Any person who is born on or after January 1, 1985, and who has reached
the age of 12 must have completed and received a snowmobile safety
certificate in order to operate a snowmobile in Wisconsin. No person
under the age of 12 may operate a snowmobile unless the person is
accompanied either by a parent or guardian or by a person over 18
years of age. "Accompanied" means to be on the same snowmobile as
the operator.[1]
B.
No person shall operate any snowmobile upon any street, alley or
other public right-of-way in the City 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 City 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 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.
Snowmobile route designated. The following public highways (streets
and avenues) in the City of Brodhead are designated as snowmobile
routes for snowmobile operation:
(1)
Trail No. One:
(a)
West 3rd Avenue from the north City limit south to its intersection
with 4th Street.
(b)
4th Street from its intersection with West 3rd Avenue west to
the west City limits of the City of Brodhead, then south along the
west race bank to 11th Street at West 3rd Avenue.
(c)
East along the railroad tracks from West 3rd Avenue to East
2nd Avenue, then south on East 2nd Avenue to 11th Street, then east
on 11th Street to County Highway T at the east City limits of the
City of Brodhead.
B.
Limitations on operation. The operation of snowmobiles on designated
snowmobile routes in the City of Brodhead are subject to the following
limitations:
(1)
Snowmobiles shall be operated on the extreme right side of the street
or avenue designated as a snowmobile route.
(2)
Left turns shall be made as safely as possible from any position
depending on snow cover and other prevailing conditions.
(3)
Snowmobile operators shall yield right-of-way to other vehicular
traffic and pedestrians.
(4)
The streets and avenues designated as snowmobile routes for snowmobile
operation shall be marked with uniform trail and route signs and standards
in accordance with § 350.13, Wis. Stats. Snowmobiles shall
not be operated on the snowmobile route until it is marked in accordance
with this section. The Chief of Police acting in conjunction with
the Director of Public Works shall have the authority to mark the
route in accordance with this section.
C.
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.
D.
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
be punishable as provided in § 350.11, Wis. Stats.
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 §§ 66.0114 and 66.0111, 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.
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.
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
Common Council.[1]
