[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992
as Title 10, Ch. 3 of the 1992 Code. Amendments noted where applicable.]
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.
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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350.04
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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 ordinance to be filed.
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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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350.10
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Miscellaneous provisions for snowmobile operation.
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350.12
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Registration of snowmobiles.
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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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350.15
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Accidents and accident reports.
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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 Orfordville 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 § 268-6 of this chapter at a speed in excess of 20 miles per hour.
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 10:00 p.m. and 7:00 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, Wis.
Stats.
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, pedestrianway or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 268-6 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
A.
Operation on private property. Except as permitted by
this Code, it shall be unlawful to operate any snowmobile or any other motor-driven
craft or vehicle principally manufactured for off-highway use on the Village
streets, alleys, parks, or 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 express consent of the owner before operation of such craft or vehicle
on private property not owned or controlled by him.
B.
Permitting operation by improper persons prohibited.
No owner or person having charge or control of a snowmobile shall authorize
or permit any person to operate such snowmobile who is not permitted under
state law to operate such snowmobile or who is under the influence of an intoxicant
or a dangerous narcotic drug.
C.
Operation while under influence prohibited. Section 346.63,
Wis. Stats., shall apply to the operation of a snowmobile any place within
the Village.
D.
Operation in parks. No person shall drive a snowmobile
in any park within the Village except upon designated snowmobile trails as
shall be designated by the Village Board.
E.
Written consent of owner required. The consent required under § 350.10(1)(f), (k), (l) and (m), Wis. Stats., and in Subsection A above shall be written consent dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each must be obtained.
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.
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. Except as provided in §§ 350.02
and 350.045, Wis. Stats., 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 or on any other public or
private 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.
B.
Trail markers. The Director of Public Works and Chief
of Police 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.
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 that 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 304, Vehicles and Traffic, of this Code.
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.
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(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 Clerk's fee of $3 and costs of prosecution.
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 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.