[HISTORY: Adopted by the Common Council of the City of New
Lisbon 2-18-2002. 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.
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§ 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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§ 350.101
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Intoxicated snowmobiling
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§ 350.102
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Preliminary breath screening test
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§ 350.1025
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Application of intoxicated snowmobiling law
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§ 350.103
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Implied consent
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§ 350.104
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Chemical tests
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§ 350.106
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Report arrest to Department
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§ 350.107
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Officer's action after arrest for operating a snowmobile while
under influence of intoxicant
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§ 350.108
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Public education program
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§ 350.12
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Registration of snowmobiles; trail use stickers
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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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§ 350.135
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Interference with uniform trail signs and standards prohibited
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§ 350.15
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Accidents and accident reports
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§ 350.155
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Coroners and medical examiners to report; require blood specimen
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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 City of New Lisbon 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 City or on any route designated in § 426-9 of this chapter at a speed in excess of 10 miles per hour.
B.
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 requirement of § 350.09,
Wis. Stats.
No person shall leave or allow a snowmobile owned or operated
by him or 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.
No person shall operate a snowmobile upon any sidewalk or pedestrianway
or upon the area between the sidewalk and the curbline of any street
in the City, except as specifically authorized 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 unless
the person is accompanied either by a parent or guardian or by a person
over 18 years of age. For the purpose of this subsection, "accompanied"
means being on the same snowmobile as the operator.
B.
No person over the age of 12 years may operate a snowmobile unless
he or she holds a valid snowmobile safety certificate. Any person
who is over the age of 12 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 snowmobile
safety program approved by the Department of Natural Resources may
operate a snowmobile in an area designated by the instructor.[1]
No person under the age 18 years shall operate a snowmobile
in the City of New Lisbon between the hours of 10:00 p.m. and 5:00
a.m. the following day on Sunday through Thursday and 12:00 a.m. and
5:00 a.m. on Friday and Saturday unless accompanied on the vehicle
by a parent, guardian, adult relative, or other adult person having
actual care, custody and control of such child.
A.
If he or she can do so without serious danger to his or her own snowmobile
or to persons on board, the operator of a snowmobile involved in a
snowmobile accident within the City shall stop his or her snowmobile
and 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 or her name and address
and identification of his or 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 or she 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 City except upon snowmobile routes designated
by the Common Council. There shall be established within the City
limits four snowmobile routes through the City. These snowmobile routes
shall be designated as snowmobile routes and are to be used only to
leave and enter the City at a speed not to exceed 10 miles per hour.
The routes are described as follows:
B.
Route markers. The Director of Public Works and City law enforcement
officers are directed and authorized to procure, erect and maintain
appropriate snowmobile route and limit signs and markers as approved
by the State Department of Natural Resources under § 350.13,
Wis. Stats. City law enforcement officers shall have the power to
declare the stated snowmobile routes either open or closed.
C.
Markers to be obeyed. No person shall fail to obey any route sign,
marker or limit erected in accordance with this section.
A.
Statutory authority. State law allows towns, cities, and villages
to enact local regulations allowing snowmobilers to travel from a
residence or lodging establishment along roadways and/or shoulders
of highways to the closest snowmobile route or trail. The authority
to enact local snowmobile residential access regulations is found
in § 350.18(3)(a), Wis. Stats. By authority of § 350.18(3)(a),
Wis. Stats., the City of New Lisbon does hereby provide for snowmobile
access to residential and lodging establishments within the City limits.[1]
B.
Operation authorized. This section allows the operation of snowmobiles
on a roadway and/or shoulder of a street or highway by persons residing
in or staying at a lodging establishment within the limits of the
City of New Lisbon, Juneau County, Wisconsin, for the sole purpose
of traveling for the shortest distance that is necessary to reach
the snowmobile trail or route that is closest to that residence or
lodging establishment.
C.
Conditions.
(1)
This section designates the roadways and/or shoulders of specific
highways for snowmobile travel by persons residing in or staying at
a lodging establishment within the City of New Lisbon, Juneau County,
Wisconsin, to travel for the shortest distance that is necessary to
reach the snowmobile trail or route that is closest to that residence
or lodging establishment 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 are to be operated in single file.
(c)
Headlights should be on at all times.
(d)
Snowmobile operators shall yield the right-of-way to other vehicular
traffic and pedestrians.
(2)
Snowmobiles violating any of the above conditions would be subject
to the underlying violation of operating on the roadway.
D.
Speed. A snowmobile operated on a portion of the roadway or shoulder
of a highway pursuant to this section shall observe a speed limit
of 10 miles per hour.
E.
Enforcement. This section shall be enforced by any law enforcement
officer of the City of New Lisbon, Juneau County, Wisconsin, or such
other local, county or state law enforcement officers.
F.
Penalties. Wisconsin state snowmobile penalties as found in § 350.11(1)(a),
Wis. Stats. are adopted by reference.
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 478, Vehicles and Traffic, of this Code.
