Village of Denmark, WI
Brown County
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[HISTORY: Adopted by the Village Board of the Village of Denmark 12-3-2007 (Ch. 21 of the 1998 Code). Amendments noted where applicable.]
A. 
Purpose. This chapter is adopted by the Village of Denmark for the purpose of authorizing residential access to snowmobile routes lying within the corporate limits of the Village.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
HIGHWAY
All public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of public schools as defined in § 115.01(1), Wis. Stats., and institutions under the jurisdiction of the County Board of Supervisors, but does not include private roads or driveways.
PRIVATE ROAD or PRIVATE DRIVEWAY
Every way or place in private ownership and used for vehicular travel only by the owner and those having express or implied permission from the owner and every road or driveway upon the grounds of public institutions other than public schools as defined in § 115.01(1), Wis. Stats., and institutions under the jurisdiction of the County Board of Supervisors.
PURPOSE OF RESIDENTIAL ACCESS
For the purpose of traveling for the shortest distance that is necessary for a person operating the snowmobile to go between a residence and the snowmobile route or snowmobile trail that is closest to that residence.
ROADWAY
That portion of a highway between the regularly established curblines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway the term "roadway" refers to each roadway separately but not to all such roads collectively.
This chapter is adopted under the authority of § 350.18, Wis. Stats.
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.
A. 
Section 350.01, Definitions.
B. 
Section 350.02, Operation of snowmobiles on or in the vicinity of highways.
C. 
Section 350.03, Right-of-way.
D. 
Section 350.04, Snowmobile races, derbies and routes.
E. 
Section 350.45, Public utility exemption.
F. 
Section 350.05, Operation by youthful operators restricted.
G. 
Section 350.07, Driving animals.
H. 
Section 350.08, Owner permitting operation.
I. 
Section 350.09, Head lamps, tail lamps and brakes, etc.
J. 
Section 350.10, Miscellaneous provisions for snowmobile operation.
K. 
Section 350.101, Intoxicated snowmobiling.
L. 
Section 350.102, Preliminary breath screening test.
M. 
Section 350.1025, Application of intoxicated snowmobiling law.
N. 
Section 350.103, Implied consent.
O. 
Section 350.104, Chemical tests, Subsection (1), Requirement, and Subsection (5), Refusal.
P. 
Section 350.12, Registration of snowmobiles; trail use stickers.
Q. 
Section 350.13, Uniform trail signs and standards.
R. 
Section 350.135, Interference with uniform trail signs and standards prohibited.
S. 
Section 350.15, Accidents and accident reports.
T. 
Section 350.17, Enforcement.
U. 
Section 350.19, Liability of landowners.
V. 
Section 167.31, Safe use and transportation of firearms and bows.
W. 
Section 346.02(10), Applicability of rules of the road to snowmobiles: §§ 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).
A. 
Prohibited operation.
(1) 
No person shall operate a snowmobile on public property contrary to the provisions of this chapter or on private property without the permission of the owner or lessee of such property.
(2) 
No person shall operate a snowmobile on any sidewalk in the Village of Denmark; provided, however, that it shall not be a violation of this provision for a person to drive a snowmobile across a sidewalk for the purpose of traveling the shortest possible distance from his/her residence to a public roadway and back.
B. 
Permitted operation.
(1) 
Recreation areas. Operation of snowmobiles on marked trails is authorized in the following public parks and recreational areas: Memorial Park, Devils River State Recreational Trails Head Pocket Park, Sherry's Triangle Prairie Garden, and Black Walnut Nature Trail.
C. 
Designated snowmobile routes. Village resident snowmobile users shall be allowed to travel the shortest routes on public streets from their homes to the nearest designated route or trail. Residents and nonresidents are permitted to travel along the following designated snowmobile routes:
(1) 
Railroad Avenue between Pine Street and Main Street.
(2) 
Pine Street between Railroad Avenue and Maiden Lane.
(3) 
Maiden Lane between Pine Street and the central business district parking lot.
(4) 
All county road ditch lines (County Highway KB and County Highway R).
(5) 
Diamond Ridge: designated trail between Memorial Park and school nature area (Snowmobile Corridor No. 3 of the Brown County Alliance trail system-spur to park).
A. 
Seasonal effective date.
(1) 
Snowmobiles shall only be permitted to be operated within the corporate limits of the Village of Denmark on the roadways, snowmobile routes, trails, and recreation areas noted in § 246-4 annually from the 15th day of November to the first day of April.
(2) 
The Village of Denmark Police Department is empowered to change the seasonal effective dates for the operation of snowmobiles within the corporate limits of the Village when weather conditions require such a change.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
If Brown County trails within Quadrant 2 are open, operation of snowmobiles within the Village is permitted.
B. 
Required operation. This chapter designates the roadways, snowmobile routes, trails, and recreation areas where snowmobile travel is permitted 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 only in single file.
(3) 
Snowmobiles are to be operated with headlights on at all times.
(4) 
Snowmobile operators shall yield the right-of-way to other vehicular traffic and pedestrians.
(5) 
No person shall leave or allow a snowmobile to remain unattended on any public highway or public property while the motor is running or with the starting key in the ignition.
(6) 
No snowmobile shall be operated on any public roadway at speeds in excess of 10 miles per hour.
(7) 
No person shall operate a snowmobile on any sidewalk, pedestrianway or mall within the Village except as specifically authorized by § 246-4 of this chapter or for the purpose of crossing to obtain immediate access to an authorized area of operation.
(8) 
Snowmobiles shall be run within the 10 feet from the plowed portion of the county road.
C. 
Excessive noise.
(1) 
It shall be unlawful for any person to operate a snowmobile within the corporate limits of the Village of Denmark with its noise suppression features and/or muffler removed or altered to permit the emission of greater levels of noise than intended by the manufacturer. Participants of sanctioned events such as races or derbies are exempt from this subsection while operating the snowmobile within the designated grounds of such sanctioned race or derby provided such noise emissions do not occur between the hours of 10:00 p.m. and 7:00 a.m. local time.
(2) 
It shall be unlawful for any person to intentionally race a snowmobile engine in such a manner that will result in unnecessary noise or spin a snowmobile engine in such a manner that will result in unnecessary noise or spin a snowmobile track in such a manner as may cause bodily injury, property damage or possible injury to the street surface or vegetative cover of a public recreation area.
A. 
Law enforcement officers. This chapter shall be enforced by any law enforcement officer of the Village of Denmark, Brown County, Wisconsin.
B. 
Uniform citation for highway violations. The uniform traffic citation promulgated under § 345.11, Wis. Stats., shall be used for violation of this chapter.
C. 
Other violations. All violations of this chapter not described in § 246-5A shall be enforced in accordance with §§ 66.0111 and 66.0114 and Ch. 799, Wis. Stats.
Penalties for failure to comply with this chapter shall be as contained within the State of Wisconsin Uniform State Traffic Deposit Schedule in effect at the time of violation.