[HISTORY: Adopted by the Village Board of the Village of Monticello as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Exhibit A, Snowmobile Trail in the Village
[Adopted as Title 10, Ch. 3, of the 1989 Code of Ordinances]
A. 
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 chapter.
(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 350.035, Meeting of Snowmobiles.
(5) 
Section 350.04, Snowmobile Races, Derbies and Routes.
(6) 
Section 350.045, Public Utility Exemption.
(7) 
Section 350.047, Local ordinance to be filed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(8) 
Section 350.05, Operation by Youthful Operators Restricted.
(9) 
Section 350.055, Safety Certification Program Established.
(10) 
Section 350.07, Driving Animals.
(11) 
Section 350.08, Owner Permitting Operation.
(12) 
Section 350.09, Head Lamps, Tail Lamps and Brakes, Etc.
(13) 
Section 350.095, Noise Level Requirements.
(14) 
Section 350.10, Miscellaneous Provisions for Snowmobile Operation.
(15) 
Section 350.101, Intoxicated Snowmobiling.
(16) 
Section 350.102, Preliminary Breath Screening Test.
(17) 
Section 350.1025, Application of Intoxicated Snowmobiling Law.
(18) 
Section 350.103, Implied Consent.
(19) 
Section 350.104, Chemical Tests.[1]
[1]
Editor's Note: Original Sec. 10-3-1 of the 1989 Code of Ordinances, entry for § 350.105, Report to Arrest Department, Wis. Stats., which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(20) 
Section 350.107, Officer's Action After Arrest for Operating a Snowmobile While Under the Influence.
(21) 
Section 350.108, Public Education Program.
(22) 
Section 350.11, Penalties.
(23) 
Section 350.115, Snowmobile Registration Restitution Surcharge.
(24) 
Section 350.12, Registration of Snowmobiles, Trail Use Stickers.
(25) 
Section 350.125, Completion of Application for Registration by Snowmobile Dealers..
(26) 
Section 350.13, Uniform Trail Signs and Standards.
(27) 
Section 350.135, Interferences with Uniform Trail Signs and Standards Prohibited.
(28) 
Section 350.137, Uniform Snowmobile Rail Crossing Standards.
(29) 
Section 350.138, Snowmobile Rail Crossing Requiring Permits.
(30) 
Section 350.139, Established Snowmobile Rail Crossings.
(31) 
Section 350.1395, Snowmobile Rail Crossings; Closing; Review of Rail Authorities, Insurance Rules.
(32) 
Section 350.14, Duties of Snowmobile Recreational Council.
(33) 
Section 350.145, Recommendations of the Snowmobile Recreational Council.
(34) 
Section 350.15, Accidents and Accident Reports.
(35) 
Section 350.155, Coroners and Medical Examiners to Report; Require Blood Specimen.
(36) 
Section 350.17, Enforcement.
(37) 
Section 350.18, Local Ordinances.
(38) 
Section 350.19, Liability of Landowners.
(39) 
Section 350.99, Parties to a Violation.
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 § 298-6 of this article 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 curbline of any street in the Village, except as specifically authorized by § 298-6 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. Village Department of Public Works 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.
[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.
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 Chapter 338, Vehicles and Traffic, Articles I through V, of the Code of the Village of Monticello.
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 Chapter 338, Vehicles and Traffic, Articles I through V, of the Code of the Village of Monticello shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 298-1 of this article.
C. 
Other violations. All violations of this chapter not described in Subsection A or B shall be enforced in accordance with §§ 66.0114 and 66.0111 of the Wisconsin Statutes. 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 $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 Wisconsin Judicial Conference 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Adopted as Title 10, Ch. 4, of the 1989 Code of Ordinances; amended in its entirety 5-16-2018 by Ord. No. 2018-0516B]
The provisions describing and defining regulations with respect to all-terrain and utility 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 (np)].
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 highways [including Subsections (a) through (f)].
E. 
Section 23.33(5), Age restrictions [including Subsections (a) through (c).
F. 
Section 23.33(6), Equipment requirements [including Subsections (a) through (e)].
G. 
Section 23.33(7), Accidents [including Subsections (a) and (b)].
No person shall operate an all-terrain vehicle within the Village, except on an all-terrain and utility terrain vehicle route established by resolution of the Village Board. No person shall operate any all-terrain vehicle within the Village of Monticello at a speed in excess of 10 miles per hour. No person may operate an all-terrain and utility terrain vehicle on the designated access route within the Village of Monticello at a speed in excess of five miles per hour.
Wisconsin state all-terrain vehicle and utility terrain vehicle penalties as found in § 23.33(13)(a), Wis. Stats., are adopted by reference. The uniform traffic citation promulgated under § 345.11, Wis. Stats., shall be used for violation of this article relating to roadway use except as herein provided.
A. 
Purpose.
(1) 
The unauthorized off-road operation of motor vehicles has resulted in serious damage to public and private lands, including damage or destruction of vegetation, animal life and improvement to the lands; and
(2) 
The unauthorized off-road operation of motor vehicles has resulted in the permanent scarring of land and an increase in both erosion and air pollution; and
(3) 
The unauthorized off-road operation of motor vehicles has resulted in collisions and near collisions threatening the life and safety of the operators of such vehicles as well as of other persons; and
(4) 
The unauthorized off-road operation of motor vehicles has resulted in 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:
MOTOR VEHICLE
For purposes of this section, 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 and utility terrain vehicles, mopeds, 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 article shall not be so defined while:
(1) 
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 such operation is by persons having legitimate business on such lands or sites;
(2) 
It is being operated by or at the direction of public employees or utility company employees as part of their employment duties.
(3) 
It is being operated 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.
OFF-ROAD
Any location which:
(1) 
Is not a paved or maintained public street or alley; or
(2) 
Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or
(3) 
Is a private trail for use only by the owner or his permittees for recreational or other vehicular use. 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.
STREET or HIGHWAY
All public ways and thoroughfares and bridges on 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.
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 and utility terrain vehicles operating in authorized areas pursuant to §§ 298-8 and 298-15, it shall be unlawful to operate any minibike, go-kart, all-terrain and utility 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 consent of the owner before operation of such craft or vehicle on private lands. Failure to post private property does not imply consent of the owner of private property before operation of such vehicle on private property.
D. 
Prohibited use of snowmobile trails. Except as provided in the definition of "street or highway" in Subsection B above, no person shall operate any motor vehicle other than a snowmobile on a snowmobile trail.
E. 
Operations of motor vehicles off-road. No person shall operate a motor vehicle off-road in the Village of Monticello 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 slide, ski or skating areas, except for the purposes of serving the area or crossing the places where marked by designated trails.
A. 
Title and purpose.
(1) 
The Village of Monticello, Green County adopts the following all-terrain vehicle (ATV) and utility terrain vehicle (UTV) route ordinance (this section) for the operation of ATVs and UTVs upon the highways listed in § 298-15E.
(2) 
Following due consideration of the recreational value to connect trail opportunities and potential impacts to the public's health, safety, and welfare, this section is created and enacted.
B. 
Statutory authority.
(1) 
This section and the routes are created pursuant to Village authority, as authorized by §§ 23.33(8)(b) and 23.33(11)(a), Wis. Stats.
(2) 
The applicable provisions of § 23.33, Wis. Stats., regulating ATV and UTV operation on ATV routes are adopted herein by this section.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE
As specified under § 340.01(2g), Wis. Stats.
ALL-TERRAIN VEHICLE ROUTES or ATV ROUTES
A highway or portion of a highway in the Village's corporate boundaries designated for use by all-terrain vehicle and utility terrain vehicle operators by the Village of Monticello as authorized under this ordinance, listed in § 298-15E.
UTILITY TERRAIN VEHICLE
As specified under § 23.33(1)(ng), Wis. Stats.
VILLAGE
The Village of Monticello, Green County, Wisconsin.
D. 
Operation of all-terrain vehicles and utility terrain vehicles.
(1) 
Pursuant to § 23.33(4)(d)4., Wis. Stats., except as otherwise provided in §  23.33(4), Wis. Stats., no person may operate an all-terrain vehicle or utility terrain vehicle on the roadway portion of any highway in the Village except on roadways or highways that are designated as all-terrain vehicle routes by this ordinance.
(2) 
The statutory provisions describing and defining regulations with respect to all-terrain vehicles and utility terrain vehicles in § 23.33, Wis. Stats. are hereby adopted by reference and made part of this ordinance as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this ordinance. Any future amendments, revisions, or modifications of § 23.33, Wis. Stats., incorporated herein by reference, are intended to be made part of this ordinance.
E. 
All-terrain vehicle routes.
(1) 
Pursuant to § 23.33(8) and (11), Wis. Stats., the following highways are designated as all-terrain vehicle routes:
(a) 
Lake Avenue from the intersection of the Badger State Trail west to the intersection of Main Street.
(b) 
Main Street from the intersection of Lake Avenue north to the intersection of Staedtler Ave.; then north on N Monroe Street to North Avenue.
(c) 
North Avenue from the intersection of N Monroe Street west to the intersection of Kennedy Street.
(d) 
Kennedy Street from the intersection of North Avenue north to the intersection of Coates Avenue.
(e) 
Coates Avenue from the intersection of Kennedy Street west and continuing to Washington Road to the corporate limits of the Village of Monticello.
(2) 
Operation of any ATV or UTV on any portion of an all-terrain vehicle route not lying in the Village's corporate boundaries shall require approval and authorization of the Town of Mount Pleasant, Green County, Wisconsin.
F. 
Conditions and requirements. As a condition for and requirement of the use of the all-terrain vehicle routes, the following restrictions are placed on the use of the Village's all-terrain vehicle routes designated by this ordinance and shall apply to all operators (and passengers where applicable):
(1) 
Operation of ATVs and UTVs shall be subject to § 23.33, Wis. Stats. and any other applicable regulations, which is adopted as a part of this ordinance by reference, pursuant to § 23.33(11), Wis. Stats.
(2) 
Anyone under the age of 12 shall not operate an all-terrain vehicle and utility terrain vehicle on a designated route. Anyone between the age of 12 years and 16 years shall not operate an all-terrain vehicle on a designated route without a valid Wisconsin Department of Natural Resources-issued safety certification and must be accompanied by an adult parent or designated guardian that provides the operator with continuous verbal direction or control. Utility terrain vehicle operators shall be licensed drivers over the age of 16.
(3) 
All all-terrain vehicle and utility terrain vehicle operators under the age of 18 shall wear approved head protection.
(4) 
Routes shall be marked with uniform all-terrain vehicle and utility terrain vehicle route signs in accordance with § 23.33(8)(e), Wis. Stats. and § NR 64.12(7), Wis. Admin. Code. No person shall do any of the following regarding signs marking Village all-terrain vehicle routes:
(a) 
Intentionally remove, damage, deface, move, or obstruct any uniform all-terrain vehicle and utility terrain vehicle route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle and utility terrain vehicle route or trail sign or standards if the sign or standard is legally placed by the state, any municipality, or any authorized member of the ATV Club. Authorized member of the ATV Club must obtain approval of the Chief of Police before moving any signs.
(b) 
Possess any uniform all-terrain vehicle and utility terrain vehicle route or trail sign or standard of the type established by the Wisconsin Department of Natural Resources for the warning, instruction, or information of the public, unless he or she obtained the uniform all-terrain vehicle and utility terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle and utility terrain vehicle route or trail sign or standard creates a rebuttable presumption of illegal possession.
(5) 
All ATV and UTV operators shall ride single file.
(6) 
All ATV and UTV operators shall operate only on the extreme right side of the roadway except that left turns may be made from any part of the roadway that is safe given prevailing conditions.
(7) 
On paved roadways, all-terrain vehicles and utility terrain vehicles shall be operated on the paved portion of the roadway and not on the gravel shoulder or ditch.
(8) 
All all-terrain vehicle and utility terrain vehicle operators shall stop at each roadway or highway to be crossed and yield the right-of-way to all motor vehicles approaching on each such roadway or highway.
(9) 
All all-terrain vehicles and utility terrain vehicles operated on the ATV routes shall be equipped with a working white-lighted headlamp and a red-lighted tail lamp. The headlamp and tail lamp shall be lighted at all times while operating on the ATV routes.
(10) 
All all-terrain vehicles and utility terrain vehicles are required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the United States Forest Service.
G. 
Enforcement. This ordinance shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
H. 
Severability. The provision of this ordinance shall be deemed severable and it is expressly declared that the Village of Monticello would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid. If any provision of this ordinance or the application to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provisions to other person's circumstances shall not be deemed affected.
I. 
Other regulations. If any provision of this article is in conflict with or is addressed by another Village ordinance, Wisconsin State statute or regulation, the most restrictive ordinance, statute, or regulation shall apply.