[HISTORY: Adopted by the Village Board of the Village of Osceola
6-13-2000 by Ord. No. 00-02. Amendments noted where applicable.]
GENERAL REFERENCES
Snowmobiles — See § 207-14
The definitions set forth in s. 350.01, W.S.A., shall apply in the interpretation
of and application of the terms of this chapter. In addition, the following
definitions not set forth therein shall apply:
Shall have the meaning set forth in s. 961.01(4), W.S.A.
Such streets or rights-of-way across public or private property as
are designated from time to time by the Village Board for the operation of
snowmobiles.
Includes all public streets, alleys and other rights-of-way for public
travel.
Real estate owned or controlled by the state, the Village or some
other public or quasi-public corporation or entity, including but not limited
to Polk County and the Osceola School District.
The traveled portion of a street, alley or other public right-of-way.
The Village of Osceola.
The intent of this chapter is to regulate the use of snowmobiles within
the corporate limits of the Village to promote the health, safety and welfare
of both the operators as well as of the citizens of the Village. In addition
to regulating usage of snowmobiles, this chapter shall restrict snowmobile
operation to certain routes of travel within the Village.
In its enforcement, this chapter shall be applied in a manner consistent
with chs. 341 to 348, W.S.A. In addition, it shall be administered in strict
conformity with ss. 350.02 to 350.05, 350.07 to 350.107, 350.11, 350.12, 350.13,
350.135, 350.15 to 350.17, 350.19 and 350.99, W.S.A.
To the extent that they may be deemed to be applicable to the operation
of a snowmobile in the Village, the provisions of chs. 341 to 348 and 350,
W.S.A., shall apply and are incorporated herein by reference.
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 for the purpose of crossing to obtain immediate access to an
authorized area of operation.
A.
Operation on private property. It shall be unlawful to
operate any snowmobile on the Village streets, alleys, parks, parking lots,
or on any public lands or private lands or parking lots held open to the public
except upon designated routes.
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 controlled substance.
C.
Operation while under influence prohibited. Section 346.63,
W.S.A., 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
may be designated from time to time by the Village Board.
E.
Operation single file. The operation of one or more snowmobiles
in close proximity to one another, traveling in the same direction on a designated
route in the Village, shall be single file. On designated routes, snowmobiles
shall be operated on the far right side of the route of travel.
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 or she is accompanied by a parent or guardian. No person
over the age of 16 years may operate a snowmobile without a valid driver's
license.
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.
Speed. No person shall operate a snowmobile upon any
public highway within the Village at a speed in excess of 20 miles per hour.
No person shall operate a snowmobile on any trail designated in this chapter
or in any public park or recreation area at a speed in excess of the posted
limit.
B.
Miscellaneous provisions for snowmobile operation. No
person shall operate a snowmobile in the following manner:
(1)
At a rate of speed that is unreasonable or improper 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, or controlled substances.
(4)
In such a way that the exhaust of the motor makes an
excessive or unusual noise.
(5)
Without a functioning muffler.
A.
Routes designated. Except as provided in ss. 350.02 and
350.045, W.S.A., or for snowmobile events authorized in accordance with s.
350.04, W.S.A., 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 Administrator. No route crossing private property shall be designated
without the express, written permission of the owner.
B.
Declaring trails closed. 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 chapter.
D.
Travel to and from places of residence and designated
routes. Snowmobile operators who desire to operate from their places of residence
in the Village to a designated route shall use the most direct route along
a highway to access the nearest designated route and shall be subject to all
rules of the road in the process.
To the extent that under this chapter specific highways are designated,
such travel shall be subject to the following conditions.
A.
Snowmobiles shall be operated on the extreme right side
of the roadway and travel with the flow of traffic.
B.
Snowmobiles shall be operated in single file.
C.
Snowmobile headlights and taillights shall be on at all
times.
D.
Snowmobile operators shall yield the right-of-way to
other vehicular traffic and pedestrians.
A.
Uniform citation for highway violations. The uniform
traffic citation promulgated under s. 345.1 1, W.S.A., shall be used for violations
of this chapter relating to highway use except as herein provided.
B.
Other violations. All violations of this chapter not described in Subsection A shall be enforced in accordance with ss. 6.12 and 66.114, W.S.A. Stipulations of guilt or no contest may be made as provided in s. 966.12(1)(b), W.S.A., 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 s. 66.12, W.S.A. Such deposits shall include a two-dollar Clerk's fee and costs of prosecution.
C.
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 bonds shall be
filed with the Village Administrator.
D.
Forfeited penalties and deposits. Except as otherwise
provided in s. 345.28, W.S.A., and the deposit schedule adopted by the State
Board of Circuit Court Judges thereunder, required forfeited 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 provisions of this chapter shall be deemed severable, and it is
expressly declared that the Village Board would have passed the other provisions
of this chapter irrespective of whether or not one or more provisions may
be declared invalid. If any provision of this chapter or the application to
any person or circumstances is held invalid, the remainder of the chapter
and the application of such provisions to other persons or circumstances shall
not be affected.
