Town of Herman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Herman at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]

§ 327-1 State snowmobile laws adopted.

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
Definitions
350.02
Operation of snowmobiles on or in the vicinity of highways
350.03
Right-of-way
350.04
Snowmobile races, derbies and routes
350.045
Public utility exemption
350.047
Local ordinance to be filed
350.05
Operation by youthful operators restricted
350.055
Safety certification program established
350.07
Driving animals
350.08
Owner permitting operation
350.09
Head lamps, tail lamps and brakes, etc.
350.10
Miscellaneous provisions for snowmobile operation
350.101
Intoxicated snowmobiling
350.102
Preliminary breath screening test
350.1025
Application of intoxicated snowmobiling law
350.104
Chemical tests
350.106
Report arrest to Department
350.107
Officer's action after arrest for operating a snowmobile while under influence of intoxicant
350.12
Registration of snowmobiles; trail use stickers
350.125
Completion of application for registration by snowmobile dealers
350.13
Uniform trail signs and standards
350.15
Accidents and accident reports
350.17
Enforcement
350.18
Local ordinances
350.19
Liability of landowners
350.99
Parties to a violation

§ 327-2 Snowmobile trails and operation.

A. 
Town roads designated as snowmobile routes.
(1) 
Purpose; statutory authority. The purpose of this subsection is to designate certain roads and streets in the Town of Herman as snowmobile routes. This subsection is adopted as authorized under §§ 350.04(2) and 350.18(3)(a), Wis. Stats.
(2) 
Applicability. The requirements of this subsection apply to all persons within the Town of Herman, including nonresidents using Town streets and roads.
(3) 
Definitions. For the purposes of this subsection, the following terms shall have the meanings indicated:
SNOWMOBILE
Has the meaning designated in § 340.01(58a), Wis. Stats., and as it may be amended.
SNOWMOBILE ROUTE
A highway, road, street or sidewalk designated for use by the Town Board as authorized under this subsection.
SNOWMOBILE SEASON
Refers to those months, or portions thereof, wherein snow covers the ground so as to allow the safe operation of a snowmobile.
(4) 
Designation of snowmobile routes on Town roads. The route designated as a lawful snowmobile route is St. John Road from Woodland Road to State Road, as shown on the route map on file with the Town Clerk and incorporated herein by reference. Operation of a snowmobile on any other road within the Town of Herman is prohibited. Snowmobile operation on state trunk highways or connecting streets is prohibited, except as provided in § 350.02, Wis. Stats.
(5) 
Limitations for snowmobiles. Snowmobile operation on the above snowmobile routes is subject to the following limitations:
(a) 
Snowmobiles shall be operated on the extreme right side of the roadway.
(b) 
Left turns shall be made as safely as possible from any position depending on snow cover and other prevailing conditions.
(c) 
Snowmobile operators shall yield right-of-way to other vehicular traffic and pedestrians.
(d) 
Town roads and streets designated for snowmobile operation shall be marked in accordance with § 350.13, Wis. Stats., and as the same may be amended. Signs shall be of a type approved by the Wisconsin Department of Natural Resources and Wisconsin Department of Transportation.
(e) 
Snowmobile operation is not permitted on state trunk highways or connecting highways, except as provided in § 350.02, Wis. Stats.
(f) 
All operation of snowmobiles under this subsection shall comply with and conform to all of the previous provisions of Ch. 350, Wis. Stats., as well as the provisions of Ch. 346, Wis. Stats., as designated in § 346.02(10), Wis. Stats.
(g) 
Snowmobiles are to be operated in a single-file fashion.
(h) 
Headlights shall be on at all times.
(i) 
A snowmobile operated on a portion of the roadway or shoulder of a highway pursuant to this subsection shall observe roadway speed limits.
(j) 
No person shall leave or allow a snowmobile to remain unattended on any public highway or property while the motor is running or with the starting key in the ignition.
(k) 
Snowmobile operation is permitted along:
[1] 
U.S. numbered highways and state and county highways at a distance of 10 or more feet from the roadway. Travel upon the median of a divided highway is prohibited except to cross.
[2] 
Town highways outside of the roadway on the shoulder or berm alongside a Town road.
(l) 
No portion of the snowmobile may be on the improved portion which is the asphalt, cement or gravel.
(m) 
During daylight hours travel may be in either direction regardless of the flow of vehicular traffic. All night travel shall conform to the direction of vehicular traffic in the nearest lane.
(n) 
Efforts will be made by the Town of Herman and area local snowmobile clubs to minimize roadways as trails.
(o) 
Trail markings shall be the responsibility of area local snowmobile clubs per Subsection D. Stop and warning signs (i.e., curves, sharp corners, crossings, stay on trail, etc.) will be posted prior to the snowmobile trails opening for the season. Area snowmobile clubs shall promote good safety practices on their trail system by posting said rules.
(6) 
State notification. The Town Clerk has sent a copy of this subsection, following original adoption, to the Wisconsin Department of Natural Resources and the Dodge County Sheriff's Department pursuant to § 350.047, Wis. Stats.
B. 
Other Town roads. Roads, other than those designated above, shall not lawfully be used for snowmobiling except those shown on the snowmobile route map, a copy of which is on file with the Town Clerk and made a part of this section by reference. The operation of snowmobiles on any roadway in the Town other than the prescribed routes is declared unlawful.
C. 
Speed limits. No person shall operate a snowmobile over the designated snowmobile routes at a rate of speed that exceeds the maximum speed limit posted thereon.
D. 
Trail markers. The Theresa Pioneers, Ridge and Valley Cruisers, and Horicon Marsh Snowmobile Clubs or designated local members of the Dodge County Association of Snowmobile Clubs shall mark the prescribed route(s) in accordance with § 350.13, Wis. Stats., and Ch. NR 50, Wis. Adm. Code, to the satisfaction of the Town of Herman.
E. 
Improper operation. No person shall operate a snowmobile at a rate of speed that is unreasonable or improper under the conditions, and having regard for the actual and potential hazards then existing, or in any careless way so as to endanger the person or property of another or while under the influence of intoxicating liquor, fermented malt beverages or controlled substance.
F. 
Penalties. The penalty for violation of any provision of this section shall be a forfeiture and shall conform to the forfeitures for a violation of the comparable state offense, together with the costs of prosecution thereof, and in default of payment of such forfeiture and costs of prosecution the defendant shall be imprisoned in the Dodge County Jail until such forfeiture and costs are paid, but not exceeding 90 days.

§ 327-3 Trail access from residence or place of lodging.

A. 
Intent. The intent of this section is to provide a means for persons to travel from a residence and/or lodging establishment within the limits of the Town of Herman 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 and/or lodging establishment.
B. 
Statutory authority. The Herman Town Board has the specific statutory authority, powers and duties pursuant to § 350.18, Wis. Stats.
C. 
Designated roadways and/or highways. No person shall operate a snowmobile on the roadway or shoulder of a highway not designated as a snowmobile route, except that snowmobiles may be operated from private residences and/or lodging establishments only for the purpose of going to or returning from the closest designated trail and/or route.