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.
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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350.035
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Meeting of Snowmobiles
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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 Utility Exemption.
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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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350.095
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Noise Level Requirements
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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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350.105
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Report to Arrest Department
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350.107
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Officer's Action After Arrest for Operating a Snowmobile
While Under the Influence
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350.108
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Public Education Program
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350.11
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Penalties
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350.115
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Snowmobile Registration Restitution Surcharge
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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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Interferences with Uniform Trail Signs and Standards Prohibited.
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350.137
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Uniform Snowmobile Rail Crossing Standards.
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350.138
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Snowmobile Rail Crossing Requiring Permits.
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350.139
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Established Snowmobile Rail Crossings.
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350.1395
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Snowmobile Rail Crossings; Closing; Review of Rail Authorities,
Insurance Rules.
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350.14
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Duties of Snowmobile Recreational Council.
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350.145
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Recommendations of the Snowmobile Recreational Council.
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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 Village of Monticello 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.
(a)
Speed. No person shall operate a snowmobile within the Village or
on any trail designated in § 10-3-6 of this chapter at a
speed in excess of 20 miles per hour during the hours of 10:30 p.m.
and 1:00 a.m., or in excess of 30 miles per hour at other times. No
person shall operate a snowmobile on any designated trail or in any
public park, golf course or recreation area at a speed in excess of
the posted limit or 30 miles per hour, whichever is the lower.
(b)
Hours of operation restricted. Except on a designated trail, no person
shall operate a snowmobile or other off-highway vehicle anywhere within
the Village between the hours of 1:00 a.m. and 6:00 a.m., except for
returning home via the most direct route.
(c)
Restriction on equipment. No snowmobile or other vehicle operating
on the snowmobile route shall be allowed if it has an expansion chamber
or any muffler other than the type and size provided by the manufacturer.
Each snowmobile must display a lighted headlight and taillight at
all times and said lights must conform to the requirements of § 350.09
of the Wisconsin Statutes.
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 curb line of any
street in the Village, except as specifically authorized by § 10-3-6
or for the purpose of crossing to obtain immediate access to an authorized
area of operation.
(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 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.
(c)
No person shall operate a snowmobile while intoxicated.
(a)
If he can do so without serious danger to himself 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 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
in 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.
(1)
Designation. 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,
municipal golf course or on any other public municipal property in
the Village except upon snowmobile routes and trails designated by
the Village Board. The designated routes to be used within the Village
limits shall be adopted by resolution by the Village Board, a copy
of which shall be on file with the Village Clerk - Treasurer.
(2)
Routes. The following Village property and streets, or portions
thereof, are designated snowmobile routes: East Lake Avenue to the
intersection of North Pratt Road at designated crossing site, traveling
on the designated private parcel, attached and described as Exhibit
"A" and designated by trail markers accordingly reaching North Avenue
by Mark's Chemicals, Monticello Post Office. Cross over North
Main Street, passing Monticello House, proceeding to North Monroe
Street by Monticello Ford. Travel through the Village Park, over the
Little Sugar River bridge crossing over West Lake Avenue traveling
along State Highways 69.
(3)
Parking. No person shall park or leave unattended any snowmobile
on any streets. Designated parking areas consist of Bank of Monticello
Parking Lot and the Village of Monticello Municipal Lot.
(b)
Trail markers.
(1)
Village Street Department employees are 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.
(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.
(d)
Icebound waters. No person shall operate or ride upon a snowmobile
on Lake Montesian at any time.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, forfeit not more than $500, 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 Title 10, Chapter 1, 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 chapter relating to highway use except as herein
provided.
(b)
Parking violations. The special traffic citation described and defined
in Title 10, Chapter 1, of this Code of Ordinances shall be used for
enforcement of violations of rules of the road relating to parking
of vehicles adopted by reference in § 10-3-1 of this chapter.
(c)
Other violations. All violations of this chapter not described in Subsections (a) or (b) shall be enforced in accordance with §§ 66.12 and 66.114 of the Wisconsin Statutes. Stipulations of guilt or no contest may be made as provided in § 66.12(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 § 66.12, Wis. Stats. Such deposits shall include a $3 Clerk-Treasurer's fee and costs of prosecutions.
(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 by the Chief or officer designated by him. The officer authorized
to accept penalties and deposits shall be bonded and such bond shall
be filed with the Village Clerk-Treasurer.
(e)
Forfeited penalties and deposits. Except as otherwise provided in
§ 345.26, Wis. Stats., and the deposit schedule adopted
by the State Board of Circuit Court Judges there under, 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.