[HISTORY: Adopted by the Village Board of the Village of Howards Grove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 169.
Parks and recreation — See Ch. 285.
Peace and good order — See Ch. 290.
Vehicles and traffic — See Ch. 365.
[Adopted as Title 10, Ch. 3, of the 1993 Code of Ordinances]
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]
(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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall operate a snowmobile upon any street, highway or alley within the Village of Howards Grove 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 § 319-5 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, 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, 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 Clerk-Treasurer.
B. 
Trail markers.
(1) 
Authorized snowmobile clubs shall be responsible for procuring, erecting and maintaining all necessary signs on all approved routes.
(2) 
The Director of Public Works shall have the power to declare the stated snowmobile routes and trails either open or closed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 penalties as set forth in § 1-4 of this Code and, in default of payment thereof, may be imprisoned in the county jail for not exceeding 10 days, 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 365, 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.
B. 
Parking violations. The special traffic citation described and defined in Chapter 365, Vehicles and Traffic, of this Code shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 319-2 of this article.
C. 
Other violations. All violations of this article not described in Subsection A or B shall be enforced in accordance with §§ 66.0114 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. 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted as Title 10, Ch. 4, of the 1993 Code of Ordinances]
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:
A. 
Section 23.33(1), Definitions [including Subsections (a) through (n)].
B. 
Section 23.33(2), Registration.
C. 
Section 23.33(3), Rules of operation [including Subsections (a) through (i)].
D. 
Section 23.33(4), Operation on or near highway [including Subsections (a) through (e)].
E. 
Section 23.33(5)(a) and (c), Age restrictions.
F. 
Section 23.33(6), Equipment requirements [including Subsections (a) through (e)].
G. 
Section 23.33(7), Accidents [including Subsections (a) and (b)].
A. 
Findings. 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. 
Definitions. For purposes of this section, the terms below shall be defined as follows:
OFF-ROAD
(1) 
Any location which:
(a) 
Is not a paved or maintained public street or alley;
(b) 
Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or
(c) 
Is a private trail for use only by the owner or his permittees for recreational or other vehicular use.
(2) 
"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.
OPERATION
The physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
MOTOR VEHICLE
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:
(1) 
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.
(2) 
By or at the direction of public employees or utility company employees as part of their employment duties.
(3) 
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.
UNAUTHORIZED
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-kart, 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. 
Definitions. The following definitions shall be applicable in this section:
HIGHWAY
All public ways and thoroughfares and bridges of 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.
MINIBIKE
Any motorized vehicle primarily used for transportation or sport, including but not limited to motorcycles, off-the-road trail bikes and motorized bicycles.
MOTORIZED VEHICLE
Any self-propelled device in, upon or by which any person or property is or may be transported.
SELF-PROPELLED VEHICLE
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 Chapter 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 Howards Grove 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 Howards Grove unless such vehicle is registered as required by Chapter 341 of the Wisconsin Statutes and its operation and operator are specifically permitted to operate 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 Howards Grove.
(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.
D. 
Penalties. Any person convicted of violating this section shall be subject to the penalties as set forth in § 1-4 of this Code.