[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 10, Ch. 3, of the 1993 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 and their subsections 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 made by the Wisconsin State Legislature are intended to be made part of this Code.
No person shall operate a snowmobile upon any street, highway or alley within the City of Marion 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 City at a speed in excess of 15 miles per hour. No person shall operate a snowmobile on any trail designated in § 507-8 of this chapter 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 City, except as specifically authorized by § 507-8 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
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 narcotic drug.
Operation while under influence prohibited. Section 346.63, Wis. Stats., shall apply to the operation of a snowmobile any place within the City.
Operation in parks. No person shall drive a snowmobile in any park within the City except upon designated snowmobile trails as shall be designated by the Common Council.
Hours of operation. No person shall operate or knowingly permit operation of a snowmobile upon any street, publicly owned property and/or the Marion Pond within the City between 3:00 a.m. and 6:00 a.m.
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.
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.
Streets and areas on which snowmobiles are prohibited:
North or South Main Street.
Garfield Avenue between the south side of East Ramsdell and the east side of Milbauer Avenue.
Perry Street between west side of Northeast First Street and the west end of Perry Street.
Parkview City Park (between Parkview Avenue and East Garfield Avenue).
Pond Park (west of North Main Street and across from City Hall).
Any skating or sledding area designated as such by the Community Properties Committee.
Streets upon which snowmobiling is permitted. Snowmobiling shall be permitted on all other streets in the City, except that the operator must kneel or stand on the snowmobile; however, such permission shall be only for ingress to and egress from snowmobile trails.
Trail markers. The Street Department 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 or Street Superintendent shall have the power to declare the stated snowmobile routes and trails either open or closed.
Markers to be obeyed. No person shall fail to obey any route or trail, 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 prescribed 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 572, Vehicles and Traffic, of this Code.
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.
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 set by the Common Council and costs of prosecution.
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.
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.