[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.]
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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350.104
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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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350.12
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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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350.15
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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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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)
SNOWMOBILE
SNOWMOBILE ROUTE
SNOWMOBILE SEASON
Definitions. For the purposes of this subsection, the following terms
shall have the meanings indicated:
Has the meaning designated in § 340.01(58a), Wis.
Stats., and as it may be amended.
A highway, road, street or sidewalk designated for use by
the Town Board as authorized under this subsection.
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:
(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.
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.
