[HISTORY: Adopted by the City Council of the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 10, Ch. 3 of the 2001 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 454.
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
350.8
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
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
No person shall operate a snowmobile upon any street, highway or alley within the City of Weyauwega 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. 
Operation restrictions. Operation of snowmobiles on the designated snowmobile route shall be subject to the following restrictions:
(1) 
Stop/yield. Each snowmobile shall stop at each street or highway to be crossed and yield the right-of-way to all motor vehicles approaching on each such street or highway.
(2) 
Yielding right-of-way. Travel on rights-of-way of City streets and highways shall be limited to those which are posted, and snowmobiles shall, at all times, yield the right-of-way when crossing streets and highways to all vehicular traffic.
(3) 
Street operating rules. When traveling on the roadways of streets and highways, operators shall obey the following requirements:
(a) 
Snowmobiles are to 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) 
Operators are to yield the right-of-way to other vehicular traffic and pedestrians.
(d) 
The speed limit shall be 20 miles per hour.
(4) 
Speed. When traveling adjacent to the roadways of streets or highways on their rights-of-way and on private property and over public waters, snowmobiles shall be operated at no more than 20 miles per hour and yield the right-of-way when traveling within 100 feet of a person who is not in or on a snowmobile.
(5) 
Statutory requirements. Operation of snowmobiles shall comply with such other and further conditions as are imposed upon operators under § 350.02, Wis. Stats.
B. 
Unattended vehicles. No person shall leave or allow a snowmobile or all-terrain vehicle owned or operated by him/her to remain unattended on any public highway or public property while the motor is running or with the starting key in the ignition.
C. 
Operation on sidewalks prohibited. No person shall operate a snowmobile or all-terrain vehicle upon any sidewalk or pedestrianway or upon the area between the sidewalk and the curbline of any street in the City of Weyauwega, except for the purpose of crossing to obtain immediate access to an authorized area of operation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Operation on public and private property restricted.
(1) 
No person shall operate a snowmobile or all-terrain vehicle on any private property not owned or controlled by him/her within the City of Weyauwega without the express consent or permission of the owner.
(2) 
No person shall operate a snowmobile or all-terrain vehicle upon any public right-of-way, public park, or other municipal property.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Age of operators.
(1) 
No person under the age of 12 years may operate a snowmobile unless accompanied by a parent or guardian or a person 18 years of age or older. Persons between 12 and 16 years of age must possess a valid snowmobile safety certificate or be accompanied by a person over 18 years of age or a person over 14 years of age holding a valid snowmobile safety certificate.
(2) 
No person 16 years of age or over may operate a snowmobile or all-terrain vehicle upon any street, alley or public right-of-way in the City of Weyauwega unless such person has a valid motor vehicle operator's license.
(3) 
No owner or other person having charge or control of a snowmobile or all-terrain vehicle may knowingly authorize or permit any person to operate the snowmobile or all-terrain vehicle if the person is prohibited from operating a snowmobile or all-terrain vehicle under Wisconsin Statutes or this chapter, or if the person is incapable of operating a snowmobile or all-terrain vehicle because of physical or mental disability, or if the person is under the influence of alcohol beverages or controlled substances or a combination thereof or under the influence of any other drug to a degree which renders him/her incapable of safely operating a snowmobile or all-terrain vehicle.
(4) 
No parent or guardian of any child shall authorize or knowingly permit such child to operate a snowmobile or all-terrain vehicle if the child is prohibited from operating a snowmobile or all-terrain vehicle under Wisconsin Statutes or this chapter.
F. 
Pursuit of animals. No operator shall violate § 350.07, Wis. Stats., by driving or pursuing any animal with a snowmobile or all-terrain vehicle.
G. 
Proper lighting. Each snowmobile or all-terrain vehicle operator on the designated route shall see to it that his/her snowmobile or all-terrain vehicle is equipped with proper, operating headlamps, taillights and brakes and other required equipment all in accord with § 350.09, Wis. Stats.
H. 
Miscellaneous regulations. No person shall operate a snowmobile or all-terrain vehicle in the following manner:
(1) 
At a rate of speed that is unreasonable or improper under the circumstances.
(2) 
In any careless way so as to endanger the person or property of another.
(3) 
In such a way that the exhaust of the motor makes an excessive or unusual noise.
(4) 
Without a functioning muffler.
(5) 
On the private property of another without the consent of the owner or lessee.
(6) 
On the frozen surface of public waters within 100 feet of a person not in or upon a vehicle or within 100 feet of a fishing shanty unless operated at a speed of 10 miles per hour or less.
(7) 
On a slide, ski or skating area except for purposes of servicing the area, crossing at places where marked or after stopping and yielding the right-of-way.
(8) 
On or across a cemetery, school or church property without consent of the owner.
I. 
Intoxicated snowmobiling prohibited. The restrictions of § 350.101, Wis. Stats., are hereby incorporated by reference and it shall be a violation of this section to engage in operation of a snowmobile while under the influence of an intoxicant to a degree which renders the operator incapable of safe snowmobile operation. In addition, §§ 350.102 through 350.107, Wis. Stats., are incorporated herein by reference for enforcement purposes against intoxicated use of a snowmobile.
J. 
Nonassumption of liability. By enacting this chapter designating a snowmobile route through the City, portions of which cross private properties or frozen surfaces, the City is assuming no responsibility for any property damage or personal injuries sustained by any persons as a result of the operation of snowmobiles across those properties.
A. 
If he/she can do so without serious danger to his/her own snowmobile or to persons on board, the operator of a snowmobile involved in a snowmobile accident within the City shall stop his/her 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/her name and address and identification of his/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/she shall make such report.
D. 
"Snowmobile accident" means a collision, accident or other casualty involving a snowmobile.
A. 
Routes designated. Except as provided herein and 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 or all-terrain vehicle upon any public right-of-way, in any public park, or on any other public municipal property in the City of Weyauwega except upon snowmobile or all-terrain vehicle routes and trails designated by resolution by the City Council, on file with the Police Department.
B. 
Trail markers. The Chief of Police is directed and authorized to procure, erect and maintain appropriate snowmobile or all-terrain vehicle route, trail and limit signs and markers as approved by the State Department of Natural Resources under § 350.13, Wis. Stats. 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.
D. 
Operation of snowmobiles in City limited to designated route. Snowmobiles or all-terrain vehicles shall not be operated upon any street, highway or alley, nor upon any public property in the City, subject to the following express exceptions:
(1) 
Upon the designated route.
(2) 
Upon a street, highway or alley right-of-way providing the most direct route between a snowmobile or all-terrain vehicle operator's place of residence in the City and the designated route. The sole reason for allowing the use of streets, highways or alleys other than those incorporated into the designated route for snowmobile and all-terrain vehicle operation purposes shall be limited strictly to access to and from the designated route for snowmobile and all-terrain vehicle operators whose places of residence are in the City. At all times when operating on other than the designated route, snowmobile and all-terrain vehicle operators shall comply with speed and right-of-way limitations as set forth at §§ 350.02 and 350.03, Wis. Stats.
E. 
Rules of operation. Snowmobiles and all-terrain vehicles operated on designated snowmobile and all-terrain vehicle routes over public highways shall observe the rules of the road for motor vehicles set forth in Ch. 346, Wis. Stats., and Chapter 454, Vehicles and Traffic, of this Code, which are hereby adopted by reference and made part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by such laws is required or prohibited by this section.
F. 
Declaring trails closed. Due to weather conditions or emergency, the Chief of Police may declare snowmobile and all-terrain vehicle trails closed within the City.
There shall be no restriction on the hours of operation of a snowmobile in the City of Weyauwega.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 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 454, Vehicles and Traffic, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
B. 
Parking violations. The special traffic citation described and defined in Chapter 454, Vehicles and Traffic, of this Code shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 405-1 of this chapter.
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.
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.
E. 
Forfeited penalties and deposits. Except as otherwise provided in § 345.26, Wis. Stats., and the deposit schedule adopted by the Wisconsin Judicial Conference thereunder, required 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 City Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).