Village of Winneconne, WI Chapter 446 Snowmobiles

[HISTORY: Adopted by the Village Board of the Village of Winneconne as Title 10, Ch. 3, of the 2012 compilation of ordinances, as amended through 5-22-2013. Subsequent amendments noted where applicable.]

§ 446-1 State snowmobile and vehicles laws adopted.

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 Code:

(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.[1]

[1] Editor's Note: The original entry for Section 350.06, Firearms and Bows, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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 350.101, Intoxicated Snowmobiling.

(14) Section 350.102, Preliminary Breath Screening Test.

(15) Section 350.1025, Application of Intoxicated Snowmobiling Law.

(16) Section 350.104, Chemical Tests.

(17) Section 350.106, Report Arrest to Department.

(18) Section 350.107, Officer's Action after Arrest for Operating a Snowmobile While Under Influence of Intoxicant.

(19) Section 350.11, Penalties.

(20) Section 350.12, Registration of Snowmobiles; Trail Use Stickers.

(21) Section 350.125, Completion of Application for Registration by Snowmobile Dealers.

(22) Section 350.13, Uniform Trail Signs and Standards.

(23) Section 350.15, Accidents and Accident Reports.

(24) Section 350.17, Enforcement.

(25) Section 350.18, Local Ordinances.

(26) Section 350.19, Liability of Landowners.

(27) Section 350.99, Parties to a Violation.

§ 446-2 Applicability of traffic regulations to snowmobiles.

[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 Winneconne 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.

§ 446-3 Unattended snowmobiles.

No person shall leave or allow a snowmobile owned or operated by him/her to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.

§ 446-4 Operation on sidewalks prohibited.

No person shall operate a snowmobile or all-terrain vehicle 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 § 446-7 or for the purpose of crossing to obtain immediate access to an authorized area of operation.

§ 446-5 Speed; parking; hours; restrictions on operators.

A. Traffic flow and speed. Snowmobile traffic must travel with the normal traffic flow using the right-hand lane of traffic on all routes. The speed of a snowmobile must be reasonable and prudent determined by existing conditions and shall at no time exceed 15 miles per hour within the Village limits while on the routes established.

B. Parking. Parking of snowmobiles on the streets of the Village is prohibited, except that parking of snowmobiles out of the traffic lanes will be permitted on the snowmobile route portion.

C. Travel. Snowmobiles will operate on the right-hand side of the street or thoroughfare, making a full stop before crossing over an intersecting street, highway, or thoroughfare, and yielding the right-of-way at all times. Snowmobiles will travel in single file.

D. Prohibited areas of operation. No person shall operate a snowmobile within the Village limits of the Village of Winneconne, contrary to the following prohibitions:

(1) On private property marked or signed prohibiting use by snowmobiles.

(2) Within 50 feet of any dwelling or residential structure, except for the purpose of removing and returning a snowmobile to its place of storage and except when on a designated trail or authorized snowmobile access to a residence.

(3) On the following public ways, except to cross perpendicularly:

(a) All sidewalks.

(b) All alleys except on officially designated routes.

(c) All streets except on officially designated routes or accessing a residence as authorized by this chapter.

(4) In all Village parks except on marked snowmobile trails.

E. Restrictions on operators.

(1) Age restriction. No person under the age of 12 years may operate a snowmobile unless the person is accompanied either by a parent or guardian or by a person over 18 years of age.

(2) Snowmobile safety permit or operator's license required. No person over the age of 12 years but under the age of 16 years may operate a snowmobile unless he/she 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. Any person who is over the age of 12 and under the age of 16 who holds a snowmobile safety certificate shall carry it while operating a snowmobile and shall display it to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate a snowmobile in an area designated by the instructor.

(3) Exceptions. This subsection does not apply to the operation of snowmobiles by an operator under the age of 16 years upon lands owned or leased by the operator's parent or guardian. As used in this subsection, "leased lands" does not include land leased by an organization of which said operator or the operator's parent or guardian is a member.

(4) Definition. For purposes of this subsection, "accompanied" means being on the same snowmobile as the operator.

§ 446-6 Accidents and accident reports.

A. If he/she can do so without serious danger to his/her own snowmobile or to persons on board, the operator of a snowmobile involved in a snowmobile accident within the Village shall stop his/her 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/her name and address and identification of his/her 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 on the snowmobile at the time of the accident capable of making the report, he/she shall make such report.

D. "Snowmobile accident" means a collision, accident or other casualty involving a snowmobile.

§ 446-7 Snowmobile routes and trails designated.

A. Snowmobile routes and trails designed.

(1) Restrictions. Except as provided in §§ 350.02 and 350.045, Wis. Stats., for snowmobile events authorized in accordance with § 350.04, Wis. Stats., or when accessing a residence pursuant to Subsection G below, no person shall operate a snowmobile upon any public right-of-way, in any public park, or any other public municipal property in the Village of Winneconne, except upon designated snowmobile routes and trails established by resolution of the Village Board.

(2) Markers to be obeyed. All persons using snowmobiles on the routes designated shall obey all markers or limitations indicated by trail signs or directions thereon, which are erected in accordance with the terms of this chapter.

B. Operation on private premises restricted. No person shall operate a snowmobile or all-terrain vehicle on any private property not owned or controlled by him/her within the Village of Winneconne without the express consent or permission of the owner of said property.

C. Enforcement. This section shall be enforced by any law enforcement officer of the Village of Winneconne.

D. Trail markers. The Chief of Police is directed to authorize procurement, erection and maintenance of appropriate snowmobile route, trail or limit markers, or is responsible to see that appropriate snowmobile clubs do the same.

E. Rules of operation. Snowmobiles operated on designated snowmobile routes over public highways shall observe the rules of the road for motor vehicles set forth in Chapter 346, Wis. Stats., and Chapter 510, Vehicles and Traffic, of this Code, which is hereby adopted by reference and made part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by such laws is required or prohibited by this section.

F. Declaring trails closed. Due to weather conditions or emergency, the Village President or Chief of Police may declare snowmobile trails closed within the Village.

G. Snowmobile access from a residence or lodging establishment to a snowmobile route.

(1) Intent. The intent of this subsection is to provide a means for persons to travel from a residence or lodging establishment within the limits of the Village of Winneconne, Winnebago County, Wisconsin, for the shortest distance that is necessary for a person to operate a snowmobile to the snowmobile route or trail that is closest to that residence or lodging establishment.

(2) Statutory authority. This subsection is adopted as authorized under § 350.18(3)(a), Wis. Stats.

(3) Designated roadways and/or highways. This subsection shall allow the operation on the right-hand side of any roadway, except on Main Street, snowmobiles shall not be operated in any fire lanes.

(4) Penalties. Wisconsin state snowmobile penalties as found in § 350.11(1)(a), Wis. Stats., are adopted by reference.

§ 446-8 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon conviction thereof, forfeit a fee as is determined by Village Board together with the costs of prosecution, 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 510 of this Code.

§ 446-9 Enforcement.

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 510 of this Code shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 446-1 of this chapter.

C. Other violations. All violations of this chapter not described in Subsection A or B shall be enforced in accordance with §§ 66.0111 and 66.0114, Wis. Stats. Stipulations of guilt or no contest may be made as provided in § 66.0114, 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. 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.

E. 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 chapter shall be as established by the schedule adopted by the Village Board. The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided together with deposit under § 345.26, Wis. Stats., and shall include costs, fees and surcharges imposed under Ch. 814, Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]