[HISTORY: Adopted by the Village Board of the Village of
Trempealeau 12-2-1987 as Title 8, Ch. 3, of the 1987 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 Utility Exemption
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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
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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 a Violation
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No person shall operate a snowmobile upon any street, highway
or alley within the Village of Trempealeau 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.
Speed. No person shall operate a snowmobile within the Village or on any trail designated in § 427-9 of this chapter at a speed in excess of 20 miles per hour.
B.
Hours of operation restricted. Except on a designated trail, no person
shall operate a snowmobile or other off-highway vehicle anywhere within
the Village between the hours of 10:00 p.m. and 7:00 a.m., except
for returning home via the most direct route.
C.
Restriction on equipment. No snowmobile or other vehicle operating
on the snowmobile route shall be allowed if it has an expansion chamber
or any muffler other than the type and size provided by the manufacturer.
Each snowmobile must display a lighted headlight and taillight at
all times and said lights must conform to the requirements of § 350.09
of the Wisconsin Statutes.
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 § 427-9 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
A.
Operation on private property. Except as permitted by this Code,
it shall be unlawful to operate any snowmobile or any other motor-driven
craft or vehicle principally manufactured for off-highway use on the
Village streets, alleys, parks, parking lots or on any public lands
or private lands or parking lots held open to the public. The operator
shall at all times have the express consent of the owner before operation
of such craft or vehicle on private property not owned or controlled
by him.
B.
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.
C.
Operation while under influence prohibited. Section 346.63, Wis.
Stats., shall apply to the operation of a snowmobile any place within
the Village.
D.
Operation in parks. No person shall drive a snowmobile in any park
within the Village except upon designated snowmobile trails as shall
be designated by the Village Board.
E.
Written consent of owner required. The consent required under § 350.10(1)(f), (k), (l) and (m), Wis. Stats., and in Subsection A above shall be written consent dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each must be obtained.[1]
A.
If he can do so without serious danger to himself 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 Subsection B below and §§ 350.02 and 350.045 of the Wisconsin Statutes, 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 routes 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 Village Clerk-Treasurer.[1]
B.
Operation of snowmobiles on Village streets.
[Amended 12-6-1993[2]]
(1)
Pursuant to § 350.04(2), Wis. Stats., authorizing a municipality
to designate streets or portions thereof as snowmobile routes for
snowmobile operation, the following Village streets are hereby designated
as snowmobile trails within the Village:
(a)
Route A: commencing at the intersection of Fremont Street and
the Great River State Bike Trail, thence south on Fremont Street terminating
at the intersection of First Street.
(b)
Route B: commencing at the terminus of Route A, thence west on First/Second
Street to South Street, terminating at the parking area located at
the southeast corner of Duck Pond Park.
(c)
Route C: commencing at the terminus of Route A, thence southwesterly
along Fremont Street/Lake Road, terminating at the private parking
area 1,050 feet southwesterly of the intersection of Lake Road and
Pickerel Path.
(2)
Streets designated for snowmobile operation shall be properly marked
as required by § 350.13, Wis. Stats., by the snowmobile
club.
(3)
Snowmobile traffic must travel with the normal traffic flow using
the extreme right side of the roadway. The speed of a snowmobile must
be reasonable and prudent, determined by existing conditions, and
may, at no time, exceed 20 miles per hour within the Village limits.
All snowmobiles operated within the Village limits shall have on a
headlight and a taillight, and these lights shall be on at all times,
whether day or night, while the machine is in operation in the Village.
C.
Declaring trails closed. The Village law enforcement officers shall
have the power to declare the stated snowmobile routes and trails
either open or closed.
D.
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 routes
and trails either open or closed.
E.
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, forfeit not more than $500, together with the costs of prosecution, and, in default of payment thereof, may be imprisoned in the county jail for not exceeding 10 days, provided 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 468, 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.
B.
Parking violations. The special traffic citation described and defined in Chapter 468of this Code shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 427-1 of this chapter.
C.
Other violations. All violations of this chapter not described in Subsection A or B shall be enforced in accordance with §§ 66.0114 and 66.0111 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. Such deposits shall include a Clerk-Treasurer's fee, as set by the Village Board, and costs of prosecutions.[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. 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 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.
