[HISTORY: Adopted by the Common Council of the City of Prescott
as Title 10, Chs. 3 and 6, of the former City Code. 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 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 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 Prescott 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 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, pedestrian way or upon the area between the sidewalk and the curbline of any street in the City, except as specifically authorized by § 481-8 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
A.
Speed. No person shall operate a snowmobile upon any public highway within the City at a speed in excess of 20 miles per hour. No person shall operate a snowmobile on any trail designated in § 481-8 of this chapter or in any public park or recreation area at a speed in excess of the posted limit.
B.
Hours of operation. No person shall operate a snowmobile in the City
after the hour of 10:00 p.m. during weeknights and before 7:00 a.m.
and after 12:00 midnight on Fridays, Saturdays and nights before legal
holidays, excepting, however, that operation of snowmobiles shall
be permissible after such hours while such operator is returning from
out-of-town by the most direct route from a trail to his home or designated
loading area.
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 City 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 City 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 Sections 350.02 and 350.045
of the Wisconsin Statutes, or for snowmobile events authorized in
accordance with Section 350.04, Wis. Stats, no person shall operate
a snowmobile in the City of Prescott except on trails/routes designated
by resolution of the Common Council.
B.
Trail markers. The Director of Public Works is directed and authorized
to procure, erect and maintain appropriate snowmobile 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 route
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.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 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 545, 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 of the Wisconsin Statutes. 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
Common Council.[1]
A.
Intent.
The intent of this section is to provide a means for persons to travel
from a residence and lodging establishment within the limits of the
City of Prescott, Pierce County, Wisconsin, 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 lodging establishment.
B.
Statutory
authority. This section is adopted as authorized under § 350.18(3)(a),
Wis. Stats.
C.
Designated
City roadways and highways.
(1)
No
person shall operate a snowmobile on a shoulder of a highway or City
roadway not designated as a snowmobile route other than the following
listed shoulders:
(a)
Monroe Street from Highway 35 to Flora Street.
(b)
From Flora Street to Orange Street.
(c)
From Orange Street to Albert Street to College Street to Highway
10/29.
(d)
From Flora Street to Walnut Street to Campbell Street to Highway
10/29.
(e)
From Dakota and Orange Street to Albert Street to College Street
to Highway 10/29.
(f)
Parallel to the south side of Highway 10/35 from Pearl Street
to the eastern City limits, then going south to Pine Street and Pierce
County Trail.
(g)
On Pine Street from City Hall, east to City limits and County
Trail.
D.
Speed.
A snowmobile operated on a portion of the roadway or shoulder of a
highway pursuant to this section shall observe roadway speed limits.
E.
Enforcement.
This section shall be enforced by any enforcement officer of the City
of Prescott, Pierce County, Wisconsin.
F.
Penalties.
Wisconsin snowmobile penalties as found in § 350.11(1)(a),
Wis. Stats., are adopted by reference.
