[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.
HIGHWAY
PRIVATE ROAD or PRIVATE DRIVEWAY
PURPOSE OF RESIDENTIAL ACCESS
ROADWAY
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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.
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.
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.
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]
(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.
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.
