[HISTORY: Adopted by the Village Board of the Village of
Monticello as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 10, Ch. 3, of the 1989 Code of Ordinances]
A.
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 chapter.
(1)
Section 350.01, Definitions.
(2)
Section 350.02, Operation of Snowmobiles on or in the Vicinity of
Highways.
(3)
Section 350.03, Right-of-Way.
(4)
Section 350.035, Meeting of Snowmobiles.
(5)
Section 350.04, Snowmobile Races, Derbies and Routes.
(6)
Section 350.045, Public Utility Exemption.
(7)
Section 350.047, Local ordinance to be filed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(8)
Section 350.05, Operation by Youthful Operators Restricted.
(9)
Section 350.055, Safety Certification Program Established.
(10)
Section 350.07, Driving Animals.
(11)
Section 350.08, Owner Permitting Operation.
(12)
Section 350.09, Head Lamps, Tail Lamps and Brakes, Etc.
(13)
Section 350.095, Noise Level Requirements.
(14)
Section 350.10, Miscellaneous Provisions for Snowmobile Operation.
(15)
Section 350.101, Intoxicated Snowmobiling.
(16)
Section 350.102, Preliminary Breath Screening Test.
(17)
Section 350.1025, Application of Intoxicated Snowmobiling Law.
(18)
Section 350.103, Implied Consent.
(20)
Section 350.107, Officer's Action After Arrest for Operating
a Snowmobile While Under the Influence.
(21)
Section 350.108, Public Education Program.
(22)
Section 350.11, Penalties.
(23)
Section 350.115, Snowmobile Registration Restitution Surcharge.
(24)
Section 350.12, Registration of Snowmobiles, Trail Use Stickers.
(25)
Section 350.125, Completion of Application for Registration
by Snowmobile Dealers..
(26)
Section 350.13, Uniform Trail Signs and Standards.
(27)
Section 350.135, Interferences with Uniform Trail Signs and
Standards Prohibited.
(28)
Section 350.137, Uniform Snowmobile Rail Crossing Standards.
(29)
Section 350.138, Snowmobile Rail Crossing Requiring Permits.
(30)
Section 350.139, Established Snowmobile Rail Crossings.
(31)
Section 350.1395, Snowmobile Rail Crossings; Closing; Review
of Rail Authorities, Insurance Rules.
(32)
Section 350.14, Duties of Snowmobile Recreational Council.
(33)
Section 350.145, Recommendations of the Snowmobile Recreational
Council.
(34)
Section 350.15, Accidents and Accident Reports.
(35)
Section 350.155, Coroners and Medical Examiners to Report; Require
Blood Specimen.
(36)
Section 350.17, Enforcement.
(37)
Section 350.18, Local Ordinances.
(38)
Section 350.19, Liability of Landowners.
(39)
Section 350.99, Parties to a Violation.
No person shall operate a snowmobile upon any street, highway
or alley within the Village of Monticello 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 § 298-6 of this article at a speed in excess of 20 miles per hour during the hours of 10:30 p.m. and 1:00 a.m., or in excess of 30 miles per hour at other times. No person shall operate a snowmobile on any designated trail or in any public park, golf course or recreation area at a speed in excess of the posted limit or 30 miles per hour, whichever is the lower.
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 1:00 a.m. and 6:00 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, pedestrian way or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 298-6 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
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.
C.
No person shall operate a snowmobile while intoxicated.
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.
(1)
Designation. Except as provided in §§ 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, municipal
golf course 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.
(2)
Routes. The following Village property and streets, or portions thereof,
are designated snowmobile routes: East Lake Avenue to the intersection
of North Pratt Road at designated crossing site, traveling on the
designated private parcel, attached and described as Exhibit "A" and
designated by trail markers accordingly reaching North Avenue by Mark's
Chemicals, Monticello Post Office. Cross over North Main Street, passing
Monticello House, proceeding to North Monroe Street by Monticello
Ford. Travel through the Village Park, over the Little Sugar River
bridge crossing over West Lake Avenue traveling along State Highways
69.
(3)
Parking. No person shall park or leave unattended any snowmobile
on any streets. Designated parking areas consist of Bank of Monticello
Parking Lot and the Village of Monticello Municipal Lot.
B.
Trail markers. Village Department of Public Works employees are 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
D.
Icebound waters. No person shall operate or ride upon a snowmobile
on Lake Montesian at any time.
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 338, Vehicles and Traffic, Articles I through V, of the Code of the Village of Monticello.
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 338, Vehicles and Traffic, Articles I through V, of the Code of the Village of Monticello shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 298-1 of this article.
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 $3 Clerk-Treasurer's fee and costs of prosecutions.
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 there under, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Adopted as Title 10, Ch. 4, of the 1989 Code of Ordinances;
amended in its entirety 5-16-2018 by Ord. No. 2018-0516B]
The provisions describing and defining regulations with respect
to all-terrain and utility terrain vehicles in the following enumerated
subsections of § 23.33, Wis. Stats., and any future amendments
or revisions, are hereby adopted by reference and made part of this
section as if fully set forth herein. Any acts required to be performed
by the following statutory subsections or which are prohibited by
such statutory subsections are required to be performed by this section
or are prohibited by this section:
B.
Section 23.33(2), Registration.
No person shall operate an all-terrain vehicle within the Village,
except on an all-terrain and utility terrain vehicle route established
by resolution of the Village Board. No person shall operate any all-terrain
vehicle within the Village of Monticello at a speed in excess of 10
miles per hour. No person may operate an all-terrain and utility terrain
vehicle on the designated access route within the Village of Monticello
at a speed in excess of five miles per hour.
Wisconsin state all-terrain vehicle and utility terrain vehicle
penalties as found in § 23.33(13)(a), Wis. Stats., are adopted
by reference. The uniform traffic citation promulgated under § 345.11,
Wis. Stats., shall be used for violation of this article relating
to roadway use except as herein provided.
A.
Purpose.
(1)
The unauthorized off-road operation of motor vehicles has resulted
in serious damage to public and private lands, including damage or
destruction of vegetation, animal life and improvement to the lands;
and
(2)
The unauthorized off-road operation of motor vehicles has resulted
in the permanent scarring of land and an increase in both erosion
and air pollution; and
(3)
The unauthorized off-road operation of motor vehicles has resulted
in collisions and near collisions threatening the life and safety
of the operators of such vehicles as well as of other persons; and
(4)
The unauthorized off-road operation of motor vehicles has resulted
in a loss of the privacy, quietude and serenity to which the owners
and users of land are rightfully entitled.
B.
MOTOR VEHICLE
(1)
(2)
(3)
OFF-ROAD
(1)
(2)
(3)
OPERATION
STREET or HIGHWAY
UNAUTHORIZED
Definitions. For purposes of this section, the terms below shall
be defined as follows:
For purposes of this section, any vehicle which is self-propelled
and shall include, but not be limited to, automobiles, trucks, jeeps,
vans, motorcycles, motorbikes, go-karts, motorized three-wheeled vehicles,
all-terrain and utility terrain vehicles, mopeds, dune buggies and
tractors. "Motor vehicle" shall not mean any airplane, railroad train,
boat, wheelchair or bicycle. A vehicle which would otherwise be defined
as a motor vehicle under this article shall not be so defined while:
It is being operated solely for the purpose of construction
or maintenance of an improvement to land or solely for access to construction
or maintenance sites, provided such operation is by persons having
legitimate business on such lands or sites;
It is being operated by or at the direction of public employees
or utility company employees as part of their employment duties.
It is being operated by the holder of an easement or right of
access on or over the land on which operation is occurring or the
holder's employees or agents.
Any location which:
Is not a paved or maintained public street or alley; or
Is not used or maintained by the owner or lessee of land as
a driveway, parking lot or other way for motor vehicles; or
Is a private trail for use only by the owner or his permittees
for recreational or other vehicular use. Off-road shall not include
any creek bed, riverbed or lake provided, however, that this subsection
shall not apply to snowmobiles or other vehicles being operated on
the ice covering such creek bed, riverbed or lake.
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
All public ways and thoroughfares and bridges on the same.
It includes the entire highway right-of-way width, not limited to
the actual traveled portion, but also includes the shoulders, ditches
and other areas adjacent thereto.
Without the express prior consent of the owner, lessee, manager
or other person authorized to give consent by the owner or lessee
of land. Authorization shall not be implied from a failure to post
private or public land.
C.
Unauthorized off-road operation prohibited.
(1)
The unauthorized off-road operation of a motor vehicle is prohibited.
(2)
Except for authorized maintenance vehicles and snowmobiles or all-terrain and utility terrain vehicles operating in authorized areas pursuant to §§ 298-8 and 298-15, it shall be unlawful to operate any minibike, go-kart, all-terrain and utility terrain vehicle or any other motor driven craft or vehicle principally manufactured for off-highway use on the Village streets, alleys, parks, sidewalks, bikeways, 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 consent of the owner before operation of such craft or vehicle on private lands. Failure to post private property does not imply consent of the owner of private property before operation of such vehicle on private property.
D.
Prohibited use of snowmobile trails. Except as provided in the definition of "street or highway" in Subsection B above, no person shall operate any motor vehicle other than a snowmobile on a snowmobile trail.
E.
Operations of motor vehicles off-road. No person shall operate a
motor vehicle off-road in the Village of Monticello in the following
manner:
(1)
At a rate of speed that is unreasonable or imprudent under the circumstances.
(2)
In any careless way so as to endanger the person or property of another.
(3)
While under the influence of intoxicating liquor, fermented malt
beverages, narcotics or other controlled substances.
(4)
In such a way that the exhaust of the motor makes an excessive or
unusual noise.
(5)
Without a functioning muffler.
(6)
Upon slide, ski or skating areas, except for the purposes of serving
the area or crossing the places where marked by designated trails.
A.
Title and purpose.
(1)
The Village of Monticello, Green County adopts the following all-terrain vehicle (ATV) and utility terrain vehicle (UTV) route ordinance (this section) for the operation of ATVs and UTVs upon the highways listed in § 298-15E.
(2)
Following due consideration of the recreational value to connect
trail opportunities and potential impacts to the public's health,
safety, and welfare, this section is created and enacted.
C.
ALL-TERRAIN VEHICLE
ALL-TERRAIN VEHICLE ROUTES or ATV ROUTES
UTILITY TERRAIN VEHICLE
VILLAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As specified under § 340.01(2g), Wis. Stats.
A highway or portion of a highway in the Village's corporate boundaries designated for use by all-terrain vehicle and utility terrain vehicle operators by the Village of Monticello as authorized under this ordinance, listed in § 298-15E.
As specified under § 23.33(1)(ng), Wis. Stats.
The Village of Monticello, Green County, Wisconsin.
D.
Operation of all-terrain vehicles and utility terrain vehicles.
(1)
Pursuant to § 23.33(4)(d)4., Wis. Stats., except as otherwise
provided in § 23.33(4), Wis. Stats., no person may operate
an all-terrain vehicle or utility terrain vehicle on the roadway portion
of any highway in the Village except on roadways or highways that
are designated as all-terrain vehicle routes by this ordinance.
(2)
The statutory provisions describing and defining regulations with
respect to all-terrain vehicles and utility terrain vehicles in § 23.33,
Wis. Stats. are hereby adopted by reference and made part of this
ordinance as if fully set forth herein. Acts required to be performed
or prohibited by such statutes are required or prohibited by this
ordinance. Any future amendments, revisions, or modifications of § 23.33,
Wis. Stats., incorporated herein by reference, are intended to be
made part of this ordinance.
E.
All-terrain vehicle routes.
(1)
Pursuant to § 23.33(8) and (11), Wis. Stats., the following
highways are designated as all-terrain vehicle routes:
(a)
Lake Avenue from the intersection of the Badger State Trail
west to the intersection of Main Street.
(b)
Main Street from the intersection of Lake Avenue north to the
intersection of Staedtler Ave.; then north on N Monroe Street to North
Avenue.
(c)
North Avenue from the intersection of N Monroe Street west to
the intersection of Kennedy Street.
(d)
Kennedy Street from the intersection of North Avenue north to
the intersection of Coates Avenue.
(e)
Coates Avenue from the intersection of Kennedy Street west and
continuing to Washington Road to the corporate limits of the Village
of Monticello.
(2)
Operation of any ATV or UTV on any portion of an all-terrain vehicle
route not lying in the Village's corporate boundaries shall require
approval and authorization of the Town of Mount Pleasant, Green County,
Wisconsin.
F.
Conditions and requirements. As a condition for and requirement of
the use of the all-terrain vehicle routes, the following restrictions
are placed on the use of the Village's all-terrain vehicle routes
designated by this ordinance and shall apply to all operators (and
passengers where applicable):
(1)
Operation of ATVs and UTVs shall be subject to § 23.33,
Wis. Stats. and any other applicable regulations, which is adopted
as a part of this ordinance by reference, pursuant to § 23.33(11),
Wis. Stats.
(2)
Anyone under the age of 12 shall not operate an all-terrain vehicle
and utility terrain vehicle on a designated route. Anyone between
the age of 12 years and 16 years shall not operate an all-terrain
vehicle on a designated route without a valid Wisconsin Department
of Natural Resources-issued safety certification and must be accompanied
by an adult parent or designated guardian that provides the operator
with continuous verbal direction or control. Utility terrain vehicle
operators shall be licensed drivers over the age of 16.
(3)
All all-terrain vehicle and utility terrain vehicle operators under
the age of 18 shall wear approved head protection.
(4)
Routes shall be marked with uniform all-terrain vehicle and utility
terrain vehicle route signs in accordance with § 23.33(8)(e),
Wis. Stats. and § NR 64.12(7), Wis. Admin. Code. No person
shall do any of the following regarding signs marking Village all-terrain
vehicle routes:
(a)
Intentionally remove, damage, deface, move, or obstruct any
uniform all-terrain vehicle and utility terrain vehicle route or trail
sign or standard or intentionally interfere with the effective operation
of any uniform all-terrain vehicle and utility terrain vehicle route
or trail sign or standards if the sign or standard is legally placed
by the state, any municipality, or any authorized member of the ATV
Club. Authorized member of the ATV Club must obtain approval of the
Chief of Police before moving any signs.
(b)
Possess any uniform all-terrain vehicle and utility terrain
vehicle route or trail sign or standard of the type established by
the Wisconsin Department of Natural Resources for the warning, instruction,
or information of the public, unless he or she obtained the uniform
all-terrain vehicle and utility terrain vehicle route or trail sign
or standard in a lawful manner. Possession of a uniform all-terrain
vehicle and utility terrain vehicle route or trail sign or standard
creates a rebuttable presumption of illegal possession.
(5)
All ATV and UTV operators shall ride single file.
(6)
All ATV and UTV operators shall operate only on the extreme right
side of the roadway except that left turns may be made from any part
of the roadway that is safe given prevailing conditions.
(7)
On paved roadways, all-terrain vehicles and utility terrain vehicles
shall be operated on the paved portion of the roadway and not on the
gravel shoulder or ditch.
(8)
All all-terrain vehicle and utility terrain vehicle operators shall
stop at each roadway or highway to be crossed and yield the right-of-way
to all motor vehicles approaching on each such roadway or highway.
(9)
All all-terrain vehicles and utility terrain vehicles operated on
the ATV routes shall be equipped with a working white-lighted headlamp
and a red-lighted tail lamp. The headlamp and tail lamp shall be lighted
at all times while operating on the ATV routes.
(10)
All all-terrain vehicles and utility terrain vehicles are required
to be equipped with a functioning muffler to prevent excessive or
unusual noise and with a functioning spark arrester of a type approved
by the United States Forest Service.
G.
Enforcement. This ordinance shall be enforced by any law enforcement
officer authorized to enforce the laws of the State of Wisconsin.
H.
Severability. The provision of this ordinance shall be deemed severable
and it is expressly declared that the Village of Monticello would
have passed the other provisions of this ordinance irrespective of
whether or not one or more provisions may be declared invalid. If
any provision of this ordinance or the application to any person or
circumstances is held invalid, the remainder of the ordinance and
the application of such provisions to other person's circumstances
shall not be deemed affected.
I.
Other regulations. If any provision of this article is in conflict
with or is addressed by another Village ordinance, Wisconsin State
statute or regulation, the most restrictive ordinance, statute, or
regulation shall apply.
