[HISTORY: Adopted by the Village Board of the Village of
Tigerton 4-5-1988 as Title 8, Ch. 3, of the 1988 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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350.45
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Public utility exemption
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350.47
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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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350.12
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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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350.15
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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 violation
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[Amended 9-5-2017]
No person shall operate a snowmobile upon any street, highway
or alley within the Village of Tigerton 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, 346.215(3), 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.
Speed. No person shall operate a snowmobile upon any public highway within the Village at a speed in excess of 15 miles per hour. No person shall operate a snowmobile on any trail designated in § 462-9 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 within the
Village of Tigerton between the hours of 12:00 p.m. (midnight) and
8:00 a.m.
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, pedestrianway or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 462-9 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 or 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 Village.
A.
No person under the age of 12 years may operate a snowmobile unless
the person is accompanied either by a parent or guardian or by a person
over 18 years of age. No person over the age of 12 years and born
on or after January 1, 1985, may operate a snowmobile on public trails
unless he holds a valid snowmobile safety certificate issued by the
Department of Natural Resources.
[Amended 9-5-2017]
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
in 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. 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 Clerk-Treasurer.
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.
[Amended 9-5-2017]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable as set forth in § 1-4 of the Code, provided no person shall forfeit an amount in excess of the maximum fine or forfeiture allowed in Wisconsin Statutes for the same offense, and further provided that the penalty and forfeiture for parking violation on highways shall be the amount applicable to such violations by owners or operators of motors vehicles under Chapter 515, Vehicles and Traffic, of the Code of the Village of Tigerton. Any parent or any owner of any snowmobile or other motor vehicle permitting any such operation in violation of § 462-7 shall, upon conviction thereof, pay a forfeiture of not less than $25 and not more than $200, plus the costs of the action.
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 as set from time to time by the Village Board and costs of prosecution.
[Amended 9-5-2017]
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 Wisconsin Judicial Conference 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.
[Added 11-2-1992]
A.
No person shall operate a snowmobile/ATV in the Village of Tigerton
unless the vehicle is:
(1)
Lawful per state statute, i.e., registered with Department of Transportation.
(2)
Operated by safe and orderly means and less than 15 miles per hour.
(3)
On a designated county trail or going to or from a residence to a
trail or on private property with consent.
[Amended 9-5-2017]
(4)
Following all traffic signs for automobiles, snowmobiles/ATVs.
(5)
Yielding right-of-way to all other registered vehicles.
B.
This section is, by order of the Village of Tigerton, enforced by
local, county and state law enforcement officers.
C.
Snowmobile club or responsible individuals will be responsible for
erecting signs designating authorized trails within the Village.
D.
The Snowmobile Club or responsible individuals must provide liability
insurance when using Village and County trails.
E.
ATVs are permitted on designated Village trails from Memorial Day
through the end of snowmobile season.
G.
Violations of Subsection A(2) are as follows.
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1 to 10 mph over speed limit
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$10 plus court costs
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11 to 15 mph over speed limit
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$25 plus court costs
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15 to 20 mph over speed limit
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$50 plus court costs
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21 to 30 mph over speed limit
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$100 plus court costs
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More than 30 mph over speed limit
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$175 plus court costs
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[Added 8-5-2019 by Ord.
No. 2019-04]
A.
Purpose. Following due consideration of the recreational value to
connect trail opportunities and weighed against possible dangers,
public health, liability aspects, terrain involved, traffic density
and history of automobile traffic, the Village of Tigerton (Village)
enacts this section for the purpose of designating routes for the
operation of ATVs and UTVs on Village streets and regulating the operation
of the same on designated routes.
B.
Statutory authority. This section is enacted under the authority
of §§ 23.33(8)(b) and 23.33(11), Wis. Stats. The provisions
of § 23.33, Wis. Stats., and the provisions of Wisconsin
Administrative Code Chapter NR 64 regulating ATV and UTV operations
and containing applicable definitions are hereby adopted and incorporated
into this section as though set forth in full herein.
C.
Operation of all-terrain vehicles and utility terrain vehicles.
(1)
Pursuant to § 23.33(4)(b), Wis. Stats., except as provided in § 23.33, Wis. Stats., no person may operate an ATV or UTV on any part of the Village streets except those portions of the Village streets that are designated as ATV or UTV routes in Subsection D below.
(2)
The operation of ATVs and UTVs on any portion of a Village street
designated as an ATV route and/or UTV route shall be subject to the
following:
(a)
ATVs and UTVs shall be operated on the extreme right side of
the roadway on the paved surface.
(b)
ATVs and UTVs shall be operated in compliance with all applicable
Wisconsin laws, orders, regulations, restrictions and rules, including
§ 23.33, Wis. Stats., and Wisconsin Administrative Code
Chapter NR 64.
(c)
All operators shall ride in single file.
(d)
Operators are required to have headlamps (white light) and tail-lamps
(red light) turned on at all times. However, no off-road auxiliary
lighting on ATVs or UTVs shall be used on Village streets approved
for ATV/UTV use.
(e)
No person under 12 years of age shall operate an ATV or UTV
under any circumstances.
(f)
All operators under the age of 18 years of age not in possession
of a valid driver's license shall have a valid ATV/UTV safety
certificate in their possession and be accompanied by a parent or
legal guardian.
(g)
All operators and passengers under the age of 18 years shall
wear a helmet approved by the Wisconsin Department of Transportation.
D.
Speed limits. The maximum speed limit on all designated routes shall
be 25 miles per hour. Operators shall reduce speed whenever the posted
limit is less as required by Wisconsin Statutes or as conditions may
warrant.
E.
Routes. All streets in the Village corporate limits and under the
jurisdiction of the Village are hereby designated as ATV/UTV routes.
G.
Enforcement. This section shall be enforced by the Village Police
Department.
H.
Penalties. The penalties set forth in Wis. Stats. § 23.33(13)(a)
are hereby adopted and incorporated.
