Chapter 10.30
SNOWMOBILES
Sections:
10.30.010 State snowmobile laws adopted.
10.30.020 Applicability of traffic regulations to snowmobiles.
10.30.040 Unattended vehicles.
10.30.050 Operation on sidewalks prohibited.
10.30.060 Snowmobile and other off-highway vehicle operation restricted.
10.30.070 Restrictions on operators.
10.30.080 Accidents and accident reports.
10.30.090 Snowmobile routes and trails designated.
10.30.010 State snowmobile laws adopted.
Except as otherwise specifically provided in this chapter, all statutory provisions describing and defining regulations with respect to snowmobiles in 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. [Ord. dated 3/6/12 § 72. Prior code § 8-3-1].
10.30.020 Applicability of traffic regulations to snowmobiles.
All state statutes governing snowmobiles are hereby incorporated into this chapter. [Ord. dated 3/6/12 § 73. Prior code § 8-3-2].
10.30.030 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 AMC 10.30.090 or in any public park or recreation area at a speed in excess of the posted limit. [Prior code § 8-3-3].
10.30.040 Unattended vehicles.
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. [Prior code § 8-3-4].
10.30.050 Operation on sidewalks prohibited.
No person shall operate a snowmobile upon any sidewalk, pedestrian way or upon the area between the sidewalk and the curb line of any street in the village, except as specifically authorized by AMC 10.30.090 or for the purpose of crossing to obtain immediate access to an authorized area of operation. [Prior code § 8-3-5].
10.30.060 Snowmobile and other off-highway vehicle operation restricted.
(a) Operation on Private Property. 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, 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 or 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 Sections 350.10(6), (11), (12) and (13), Wis. Stats., and in subsection (a) of this section 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. [Prior code § 8-3-6].
10.30.070 Restrictions on operators.
(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. [Prior code § 8-3-7].
10.30.080 Accidents and accident reports.
(a) If he can do so without serious danger to his own snowmobile 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 $200.00, 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. [Prior code § 8-3-8].
10.30.090 Snowmobile routes and trails designated.
(a) Routes Designated. Except as provided in Sections 350.02 and 350.045, Wis. Stats., or for snowmobile events authorized in accordance with Section 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 municipal property in the village except upon snowmobile routes and trails designated by the village board. The designated route 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.
(b) Declaring Trails Closed. The police committee 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. [Prior code § 8-3-9].
State law reference: Sections 350.04 and 350.13, Wis. Stats.
10.30.100 Penalty.
Any person who shall violate any provision of this chapter shall upon conviction thereof forfeit not more than $1,000 together with the costs of prosecution and in default of payment thereof may be imprisoned in the county jail for not exceeding 90 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 Chapters 10.05, 10.10, 10.15, 10.20 and 10.35 AMC. [Ord. dated 3/6/12 § 74. Prior code § 8-3-10].
10.30.110 Enforcement.
(a) Uniform Citation for Highway Violations. The uniform traffic citation promulgated under Section 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 Chapters 10.05, 10.10, 10.15, 10.20 and 10.35 AMC shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in AMC 10.30.010.
(c) Other Violations. All violations of this chapter not described in subsection (a) or (b) of this section shall be enforced in accordance with Sections 66.115 and 66.114, Wis. Stats. Stipulations of guilt or no contest may be made 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 Section 66.114, Wis. Stats. Such deposits shall include a $25.00 clerk’s fee 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 office. The officer authorized to accept penalties and deposits shall be bonded and such bond shall be filed with the village clerk.
(e) Forfeited Penalties and Deposits. Except as otherwise provided in Section 345.26, Wis. Stats., 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. [Ord. dated 3/6/12 § 75. Prior code § 8-3-11].