[HISTORY: Adopted by the Village Board of Trustees of the
Village of Spencer as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-4-1993 (Title
10, Ch. 3, of the 1993 Code of Ordinances), as amended through 2-17-2015]
A.
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.
(1)
350.01, Definitions.
(2)
350.02, Operation of snowmobiles on or in the vicinity of highways.
(3)
350.03, Right-of-way.
(4)
350.04, Snowmobile races, derbies and routes.
(5)
350.045, Public Utility Exemption.
(6)
350.047, Local ordinance to be filed.
(7)
350.05, Operation by youthful operators restricted.
(8)
350.05(1), Persons under 12.
(9)
350.05(2)(a), Persons age 12 and older snowmobile safety certificates
and program.
(10)
350.05(2)(b), Operate snowmobile without proof of a safety certification.
(11)
350.055, Safety Certification Program established.
(12)
350.07, Driving animals.
(13)
350.08, Owner permitting operation.
(14)
350.09, Head lamps, tail lamps and brakes, etc.
(15)
350.10, Miscellaneous provisions for snowmobile operation.
(16)
350.10(1)(a), Unreasonable, improper speed.
(17)
350.10(1)(b), Careless operation.
(18)
350.10(1)(c), Failure to obey regulatory signs.
(19)
350.10(1)(d), Operate snowmobile with engine and exhaust noise
in excess of noise decibel level.
(20)
350.10(1)(f), Trespass.
(21)
350.10(1)(h), On public lands posted.
(22)
350.10(1)(j), On a slide, ski or skating area.
(23)
350.101(1)(a), Intoxicated operation of snowmobile (1st Offense).
(24)
350.101(1)(b), Operate a snowmobile w/PAC of 0.08 but less than
0.10 (1st Offense).
(25)
350.101(1)(b), Operate a snowmobile w/PAC of 0.10 or above (1st
Offense).
(26)
350.101(1)(bm), Operate a snowmobile with a detectable amount
of a controlled substance (1st Offense).
(27)
350.101(1)(c), Absolute sobriety violations by persons under
19.
(28)
350.104(5), Refusal to take test for intoxicated operation of
snowmobile.
(29)
350.104(5), Refusal to take test for intoxicated operation of
snowmobile under 19.
(30)
350.12, Registration of snowmobiles.
(31)
350.12(1), Operate snowmobile without valid registration.
(32)
350.12(1), Give permission to operate snowmobile without valid
registration.
(33)
350.12(3)(a)3, Failure to transfer registration of snowmobile.
(34)
350.12(5)(a), Failure to display or improper display of registration
number or decal sticker or trail use sticker on snowmobile.
(35)
350.12(5)(b), Operate snowmobile without permission of valid
certificate.
(36)
350.12(6), Failure to notify change of address.
(37)
350.125, Completion of application for registration by snowmobile
dealers.
(38)
350.13, Uniform trail signs and standards.
(39)
350.135(a), Interfere With signs.
(40)
350.15, Accidents and accident reports.
(41)
350.15(2), Failure to render aid.
(42)
350.15(3), Failure to report snowmobile accident.
(43)
350.17, Enforcement.
(44)
350.18, Local ordinances.
(45)
350.19, Liability of landowners.
(46)
350.99, Parties to a violation.
No person shall operate a snowmobile upon any street, highway
or alley within the Village of Spencer 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, pedestrian way or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 401-5 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
A.
Routes designated. Except as provided in §§ 350.02
and 350.045 of the Wisconsin Statutes, 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
designated snowmobile trails approved by resolution of the Village
Board, on file with the Village Administrator-Clerk/Treasurer and
Chief of Police.
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 article shall, upon conviction thereof, be subject to the penalty provisions of § 1-3 of this Code, 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 451, Vehicles and Traffic, of this Code of Ordinances.
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.
C.
Other violations. All violations of this article not described in Subsection 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 article shall be as established by the schedule adopted by the
Village Board.[1]
A.
Intent. The intent of this article is to provide a means for persons
to travel from a residence for the shortest distance to a snowmobile
route or trail and to provide means of travel from a snowmobile route
or trail to an approved business establishment within the limits of
the Village of Spencer, Marathon County, Wisconsin.
B.
Statutory authority. This article is adopted as authorized under
§ 350.18(3)(a), Wis. Stats.
C.
Designated roadways and/or highways. All persons operating a snowmobile
should be operated on the shoulder of the road. All roadways shall
be open for travel to and from the route.
D.
Conditions. This article designates the roadways and/or shoulders
of specific highways for snowmobile travel by persons residing in
or staying at a lodging establishment within the limits of the Village
of Spencer to travel for the shortest distance that is necessary to
reach the snowmobile trail or route and to designate the roadways
and/or shoulders of specific highways for travel by person from a
snowmobile trail or route to approved business establishments in the
limits of the Village of Spencer, Marathon County, Wisconsin, subject
to the following conditions:
(1)
Snowmobiles shall be operated on the extreme right side of the roadway
and travel with the flow of traffic.
(2)
Snowmobiles are to be operated in single file.
(3)
Headlights should be on at all times.
(4)
Snowmobile operators shall yield the right-of-way to other vehicular
traffic and pedestrians.
(5)
Village roadways can only be used when the Marathon County Trails
are open for use.
E.
Speed. A snowmobile operated on a portion of the roadway or shoulder
of a highway pursuant to this article shall observe a speed limit
of 10 miles per hour.
F.
Enforcement. This article shall be enforced by any law enforcement
officer of the Village of Spencer.
G.
Penalties. Wisconsin state snowmobile penalties as found in § 350.11(1)(a),
Wis. Stats., are adopted by reference.
[Adopted 10-4-1993 (Title
10, Ch. 4, of the 1993 Code of Ordinances), as amended through 2-17-2015]
A.
The provisions describing and defining regulations with respect to
all-terrain vehicles in the following enumerated subsections of § 23.33,
Wis. Stats., and any future amendments or revisions, are hereby adopted
by reference and made part of this section as if fully set forth herein.
Any acts required to be performed by the following statutory subsections
or which are prohibited by such statutory subsections are required
to be performed by this section or are prohibited by this section:[1]
(1)
23.33(1), Definitions [including Subsections (a) through (n)].
(2)
23.33(2), Registration.
(3)
23.33(3), Rules of operation [including Subsections (a) through (i)].
(4)
23.33(3g), Operate/ride an ATV without headgear - under 18.
(5)
23.33(4), Operation on or near highway [including Subsections (a)
through (e)].
(6)
23.33(4p)(e), Refuse to take test, intoxicated, by persons under
19 years of age.
(7)
23.33(5)(a)(c), Age restrictions.
(8)
23.33(5)(b), Operate ATV without a valid safety certificate or failure
to display.
(9)
23.33(6), Equipment requirements [including Subsections (a) through
(e)].
(10)
23.33(6m), Operate, sell, rent, or manufacture an ATV exceeding
96 decibels.
(11)
23.33(7), Accidents [including Subsections (a) and (b)].
(12)
23.33(8)(f), Interfere with signs.
(13)
23.33(12)(b), Failure to stop for law enforcement officer.
A.
Purpose.
(1)
The unauthorized off-road operation of motor vehicles has resulted
in serious damage to public and private lands including damage or
destruction of vegetation, animal life and improvements to the lands;
and
(2)
The unauthorized off-road operation of motor vehicles has resulted
in the permanent scarring of land and an increase in both erosion
and air pollution; and
(3)
The unauthorized off-road operation of motor vehicles has resulted
in collisions and near collisions threatening the life and safety
of the operators of such vehicles as well as of other persons; and
(4)
The unauthorized off-road operation of motor vehicles has resulted
in a loss of the privacy, quietude and serenity to which the owners
and users of land are rightfully entitled.
B.
MOTOR VEHICLE
(1)
(2)
(3)
OFF-ROAD
(1)
(2)
(3)
OPERATION
UNAUTHORIZED
Definitions. For purposes of this section, the terms below shall
be defined as follows:
Any vehicle which is self-propelled and shall include but
not be limited to automobiles, trucks, jeeps, vans, motorcycles, motorbikes,
go-carts, motorized three-wheeled vehicles, all-terrain vehicles,
mopeds, snowmobiles, dune buggies and tractors. "Motor vehicle" shall
not mean any airplane, railroad train, boat, wheelchair or bicycle.
A "vehicle" which would otherwise be defined as a "motor vehicle"
under this section shall not be so defined while:
It is being operated solely for the purpose of construction
or maintenance of an improvement to land or solely for access to construction
or maintenance sites provided such operation is by persons having
legitimate business on such lands or sites.
It is being operated by or at the direction of public employees
or utility company employees as part of their employment duties.
It is being operated by the holder of an easement or right of
access on or over the land on which operation is occurring or the
holder's employees or agents.
Any location which:
Is not a paved or maintained public street or alley; or
Is not used or maintained by the owner or lessee of land as
a driveway, parking lot or other way for motor vehicles; or
Is a private trail for use only by the owner or his permittees
for recreational or other vehicular use. "Off-road" shall not include
any creek bed, riverbed or lake; provided, however, that this subsection
shall not apply to snowmobiles or other vehicles being operated on
the ice covering such creek bed, riverbed or lake.
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
Without the express prior consent of the owner, lessee, manager
or other person authorized to give consent by the owner or lessee
of land. Authorization shall not be implied from a failure to post
private or public land.
C.
Unauthorized off-road operation prohibited.
(1)
The unauthorized off-road operation of a motor vehicle is prohibited.
(2)
Except for authorized maintenance vehicles and snowmobiles or all-terrain
vehicles operating in areas authorized by the Village Board, it shall
be unlawful to operate any minibike, go-cart, all-terrain vehicle
or any other motor-driven craft or vehicle principally manufactured
for off-highway use on the Village streets, alleys, parks, sidewalks,
bikeways, 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 written consent of the owner before operation of such craft
or vehicle on private lands.
A.
HIGHWAY
MINIBIKE
MOTORIZED VEHICLE
SELF-PROPELLED VEHICLES
Definitions. The following definitions shall be applicable in this
section:
All public ways and thoroughfares and bridges on the same.
It includes the entire highway right-of-way width, not limited to
the actual traveled portion, but also includes the shoulders, ditches
and other areas adjacent thereto.
Any motorized vehicle primarily used for transportation or
sport, including, but not limited to, motorcycles, off-the-road trail
bikes and motorized bicycles.
Any self-propelled device in, upon or by which any person
or property is or may be transported.
Any motorized vehicle primarily used for off-the road use,
including but not limited to, go-carts, all-terrain vehicles and all
other vehicles not registered pursuant to Ch. 341 of the Wisconsin
Statutes, but not snowmobiles.
B.
Operation of minibikes and self-propelled vehicles. No person shall
operate a minibike or self-propelled vehicle in the Village of Spencer
in the following manner:
(1)
At a rate of speed that is unreasonable or imprudent under the circumstances.
(2)
In any careless way so as to endanger the person or property of another.
(3)
While under the influence of intoxicating liquor, fermented malt
beverages, narcotics or other controlled substances.
(4)
In such a way that the exhaust of the motor makes an excessive or
unusual noise.
(5)
Without a functioning muffler.
(6)
Upon any public highway, street or alley, or upon any sidewalk or
parkway in the Village of Spencer unless such vehicle is registered
as required by Ch. 341 of the Wisconsin Statutes, and its operation
and operator are specifically permitted to operate the said vehicle
by the Wisconsin Statutes.
(7)
Upon any slide, ski or skating area, except for the purposes of serving
the area or crossing the places where marked.
(8)
Upon any lands owned, operated or leased by the Village of Spencer.
(9)
Upon a cemetery, burial ground, school or church property, without
the express consent of the owner.
C.
Liability of parent or guardian. No parent or guardian of any child
under the age of 18 years shall authorize or permit such child to
violate any of the provisions of this section. Any child under the
age of 18 years who shall operate a minibike or self-propelled device
shall be presumed to be operating said vehicle under the authority
of a parent or guardian.
