[HISTORY: Adopted by the Common Council of the City of Glenwood
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-1-2003 by Ord. No. 2003-02 as Title 10, Ch. 3, of the 2003
Code]
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)
Section 350.01, Definitions.
(2)
Section 350.02, Operation of snowmobiles on or in the vicinity of
highways.
(3)
Section 350.03, Right-of-way.
(4)
Section 350.04, Snowmobile races, derbies and routes.
(5)
Section 350.045, Public utility exemption.
(6)
Section 350.047, Local ordinance to be filed.
(7)
Section 350.05, Operation by youthful operators restricted.
(8)
Section 350.055, Safety certification program established.
(9)
Section 350.07, Driving animals.
(10)
Section 350.08, Owner permitting operation.
(11)
Section 350.09, Head lamps, tail lamps and brakes, etc.
(12)
Section 350.10, Miscellaneous provisions for snowmobile operation.
(13)
Section 350.12, Registration of snowmobiles; trail use stickers.
(14)
Section 350.125, Completion of application for registration
by snowmobile dealers.
(15)
Section 350.13, Uniform trail signs and standards.
(16)
Section 350.15, Accidents and accident reports.
(17)
Section 350.17, Enforcement.
(18)
Section 350.18, Local ordinances.
(19)
Section 350.19, Liability of landowners.
(20)
Section 350.99, Parties to a violation.
No person shall operate a snowmobile upon any street, highway
or alley within the City of Glenwood City 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 operate a snowmobile upon any public highway within the City at a speed in excess of 15 miles per hour. No person shall operate a snowmobile on any trail designated in § 352-8 of this article at a speed in excess of the posted limit.
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 § 352-8 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
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 state law to operate such snowmobile or who is under the influence
of an intoxicant or a dangerous narcotic drug.
B.
Operation while under influence prohibited. Section 346.63, Wis.
Stats., shall apply to the operation of a snowmobile any place within
the City.
C.
Operation in parks. No person shall drive a snowmobile in any park
within the City except upon designated snowmobile trails as shall
be designated by the Common Council.
A.
No person under the age of 12 years may operate a snowmobile. 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.
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.
Routes designated. Except as provided in §§ 350.02
and 350.045, Wis. Stats., or for snowmobile events authorized in accordance
with § 350.04, Wis. Stats., no person shall operate a snowmobile
upon any public right-of-way or on any public municipal property in
the City except upon snowmobile routes and trails designated by resolution
of the Common Council, incorporated herein by reference. All citizens
shall be allowed to travel between all designated routes and their
personal residence, using the most direct route available.[1]
B.
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 or Director of Public Works shall have the power to declare
the state snowmobile routes and trails either open or closed.
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 a penalty as provided in § 1-4 of this Code, provided that 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 394, Vehicles and Traffic, of this Code.
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, 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. Such deposits shall include a Clerk's fee set by the Common Council and costs of prosecution.[1]
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
Common Council.[2]
[Adopted 12-1-2003 by Ord. No. 2003-02 as Title 10, Ch. 4, of the 2003
Code]
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:
[Amended 1-5-2009 by Ord.
No. 2009-01; 6-18-2018 by Ord. No. 2018-02]
A.
Public property. The City of Glenwood City allows for the operation
of all-terrain vehicles upon all City roadways if the posted speed
limit is 35 miles per hour or less.
C.
Conditions. The following conditions shall apply to all operators
(and passengers):[2]
(1)
All ATV operators shall observe posted roadway speed limits.
(2)
All ATV operators shall have liability insurance on their machine
and carry proof on their persons.
(3)
All ATV operators shall ride single file.
(4)
All ATVs shall yield to pedestrians and all other vehicular traffic.
(5)
All ATV operators shall slow the vehicle to 10 miles per hour or
less when operating within 150 feet of a dwelling.
D.
Enforcement. This section shall be enforced by any law enforcement
officer authorized to enforce the laws of the State of Wisconsin.
E.
Penalties. Wisconsin all-terrain vehicle penalties as found in § 23.33(13)(a),
Wis. Stats., are adopted by reference.
F.
Authorized vehicles. Nothing in this section shall be construed to
restrict the use or operation of authorized vehicles engaged in maintenance
or repair or other authorized purposes.
A.
Purpose. The unauthorized off-road operation of motor vehicles has
resulted in:
(1)
Serious damage to public and private lands, including damage or destruction
of vegetation, animal life and improvement to the lands;
(2)
The permanent scarring of land and an increase in both erosion and
air pollution;
(3)
Collisions and near collisions threatening the life and safety of
the operators of such vehicles as well as of other persons; and
(4)
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
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-karts, 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 that such operation is by persons having legitimate
business on such lands or sites.[1]
By or at the direction of public employees or utility company
employees as part of their employment duties.
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.
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.[2]
C.
Unauthorized off-road operations 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 Common Council, it shall
be unlawful to operate any minibike, go-kart, all-terrain vehicle
or any other motor-driven craft or vehicle principally manufactured
for off-highway use on the City 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.
