[[1]HISTORY: Adopted by the Village Board of the Village of
Mazomanie 6-28-1988 as Title 8, Ch. 3 of the 1988 Code. Amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was changed from
"Snowmobiles" to "Recreational Vehicles" 2-12-2019 by Ord. No. 2019-1.
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 Code.
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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 utility exemption
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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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350.070
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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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350.12
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Registration of snowmobiles
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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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No person shall operate a snowmobile upon any
street, highway or alley within the Village 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.
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 § 350-9 of this chapter or in any public park or recreation area at a speed in excess of the posted limit.
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 or pedestrianway or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 350-9 or 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 or any other motor-driven craft or vehicle
principally manufactured for off-highway use on the village streets,
alleys, parks or parking lots or on any public lands or private lands
or parking lots held open to the public except to gain access to snowmobile
routes and trails designated by the Village Board from residences
or lodging. The operator shall at all times have the express consent
of the owner before operation of such craft or vehicles on private
property not owned or controlled by him.
[Amended 1-8-2008 by Ord. No. 2008-1]
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 snowmobile trails as shall
be designated by the Village Board.
E.
Written consent of owner required. The consent required under § 350.10(6), (11), (12) and (13), Wis. Stats., and in Subsection A above 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.
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.
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, 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 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 municipal property in the Village except upon snowmobile routes
and trails designated by the Village Board or to gain access to snowmobiles
routes and trials designated by the Village Board from residences
or lodging. 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-Treasurer.
[Amended 1-8-2008 by Ord. No. 2008-2]
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 section.
[Added 2-12-2019 by Ord.
No. 2019-1]
A.
Adoption of statutory provisions. The provisions of § 23.33,
Wis. Stats., and subsequent amendments thereto, are hereby incorporated
herein by reference as part of this section, except for those provisions
therein which conflict with this section.
B.
Saving clause. This section shall in no way be deemed to supplant
or otherwise invalidate any provision of the state statutes relating
to the subject matter hereof. Any person entrusted with the enforcement
of this section may, in the exercise of his or her discretion, proceed
under applicable state statutes.
C.
Severability. Should any provision of this section, or its application
to any person or circumstance, be held invalid, the remainder of the
section and the application of such provisions to other person's
circumstances shall not be affected thereby.
D.
Definitions. For purposes of this section, the definitions set forth
in § 23.33(1), Wis. Stats., are hereby adopted and incorporated
herein as reference.
E.
Designated routes. Except as otherwise specifically provided in § 23.33,
Wis. Stats., no person shall operate any all-terrain vehicle ("ATV")
or utility terrain vehicle ("UTV") upon any public right-of-way or
on any other public property in the Village of Mazomanie, except as
hereinafter designated.
(1)
ATVs and UTVs are permitted on all public roadways open to vehicular
travel.
(2)
ATVs and UTVs are allowed to park in or along any roadways or
alleyways within the Village, unless otherwise posted.
(3)
ATV/UTV routes shall be open from 7:00 a.m. to 9:00 p.m. daily.
(4)
The Village may close ATV/UTV routes at any time through removal
of all route signage and by providing notice to the public.
F.
Route signs. The Village Public Works Department shall emplace signage
of the ATV/UTV routes, provided by local ATV/UTV clubs at their cost,
in accordance with Ch. NR 64.12, of the Wis. Adm. Code.
G.
Restrictions on operation. In addition to the provisions of § 23.33,
Wis. Stats., and Ch. NR 64.07, Wis. Adm. Code, the following restrictions
are placed on the use of the Village ATV/UTV routes permitted under
this section:
(1)
The operators of ATVs/UTVs on all designated ATV/UTV routes
shall observe the posted roadway speed limits and all other applicable
traffic regulations.
(2)
ATV/UTV operators shall ride in single file.
(3)
ATV/UTV headlamps and taillamps must be turned on at all times
and ATVs/UTVs must have operational brake lights.
(4)
UTV operators and passengers must wear seat belts at all times.
(5)
ATV/UTV operators shall possess a valid operator's license
as defined in § 340.01(41g), Wis. Stats., as may be amended
from time to time, including a safety certificate if required by state
law.
H.
Closures, suspension, or termination of route. The Village President
shall have the authority to:
(1)
Temporarily close any or all all-terrain routes designated herein
for a period of 60 days or less due to an emergency, complaint, or
other necessary condition as determined by the Village President.
(2)
Request the Village Public Protection and Ordinance Committee
to review any all-terrain route enacted designated herein for the
purpose of suspending or terminating the route.
I.
Enforcement and penalties. Violations of this section shall incur
the maximum penalties set forth in § 23.33(13), Wis. Stats.,
as may be amended from time to time.
[Amended 12-8-2006 by Ord. No. 2006-2]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-3 of this Code, 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 385, Vehicles and Traffic, of this Code.
A.
Uniform citation for highway violations. The uniform
traffic citation promulgated under § 345.11, Wis. Stats.,
shall be used for violations of this chapter relating to highway use
except as herein provided.
C.
Other violations. All violations of this chapter not described in Subsection A or B shall be enforced in accordance with §§ 66.0111 and 66.0114, Wis. Stats. Stipulations of guilt or no contest may be made as provided in § 66.0114(1)(b), Wis. Stats., 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 § 66.0114, Wis. Stats. Such deposits shall include a clerk's fee of $5 and costs of prosecution.
[Amended 12-8-2006 by Ord. No. 2006-2]
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 offices by the Chief or officer designated by him. The
officer authorized to accept penalties and deposits shall be bonded
and such bond shall be filed with the Village Clerk-Treasurer.
E.
Forfeited penalties and deposits. Except as otherwise
provided in § 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.
