[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.
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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, first offense, includes absolute sobriety
for underage persons
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§ 350.104
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Chemical tests, first offense
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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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§ 350.17
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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 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.
A.
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.
B.
Operation while under influence prohibited. Section 346.63, Wis.
Stats., shall apply to the operation of a snowmobile any place within
the City.
C.
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.
D.
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.
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.
Streets and areas on which snowmobiles are prohibited:
(1)
North or South Main Street.
(2)
Ramsdell Street.
(3)
Garfield Avenue between the south side of East Ramsdell and the east
side of Milbauer Avenue.
(4)
Perry Street between west side of Northeast First Street and the
west end of Perry Street.
(5)
Prospect Avenue.
(6)
Parkview City Park (between Parkview Avenue and East Garfield Avenue).
(7)
Pond Park (west of North Main Street and across from City Hall).
(8)
Any skating or sledding area designated as such by the Community
Properties Committee.
B.
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.
C.
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.[1]
D.
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.
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 set by the Common Council and costs of prosecution.[1]
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.[2]
