[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as Title 10, Ch. 3, of the 1998 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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350.104
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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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350.12
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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 a violation
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No person shall operate a snowmobile upon any street, highway
or alley within the Village of Brandon 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 or pedestrianway or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 394-8 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 or right-of-way within the Village at a speed in excess of 15 miles per hour. No person shall operate a snowmobile on any trail designated in § 394-8 of this chapter or in any public park or recreation area at a speed in excess of the posted limit.[1]
B.
Hours of operation. No person shall operate a snowmobile within the
Village between 11:00 p.m. and 7:00 a.m., except for one entry to
return to his/her residence or one exit to leave the Village, and
then only as permitted by the provisions of this chapter.
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 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/her 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/her name and address and
identification of his/her 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.
Snowmobile routes and trails designated. No person shall operate
a snowmobile upon any street, highway, alley or sidewalk in the Village
except as follows:
(1)
On Bowen Street from the west line of the railroad right-of-way through
the intersection of Bowen Street and Prairie Street to the Brandon
Store utilizing the north side of the unpaved portion of Bowen Street.
No person shall cross a driveway marked with an orange flag; if a
driveway is marked with an orange flag, the snowmobile driver shall
operate left of that driveway.
(2)
Across Bowen Street and Main Street to the Depot Park for the purpose
of temporarily parking in that park.
(3)
On the unpaved portion of the Village right-of-way for the purpose
of entering or exiting the trail.
B.
Trail markers. The Chief of Police is directed and authorized to
procure, erect and maintain appropriated snowmobile route, trail or
limit markers.
C.
Rules of operation. Snowmobiles operated on designated snowmobile routes over public highways shall observe the rules of the road for motor vehicles set forth in Ch. 346, Wis. Stats., and Chapter 440, Vehicles and Traffic, of this Codes, which are hereby adopted by reference and made part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by such laws is required or prohibited by this section.
D.
Declaring trails closed. Due to weather conditions or emergency,
the Chief of Police may declare snowmobile trails closed within the
Village.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, forfeit not less than $50 and not more than $2,000, together with the costs of prosecution, 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 440, 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.
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
Village Board.[1]
