[HISTORY: Adopted by the Village Board of the Village of Fairwater at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 204.
Parks and recreation — See Ch. 358.
Abandoned vehicles — See Ch. 434.
All-terrain and off-road vehicles — See Ch. 437.
Vehicles and traffic — See Ch. 440.
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 Code.
(1)
350.01
Definitions
(2)
350.02
Operation of snowmobiles on or in the vicinity of highways
(3)
350.03
Right-of-way
(4)
350.04
Snowmobile races, derbies and routes
(5)
350.045
Public utility exemption
(6)
350.047
Local ordinance to be filed
(7)
350.05
Operation by youthful operators restricted
(8)
350.055
Safety certification program established
(9)
350.07
Driving animals
(10)
350.08
Owner permitting operation
(11)
350.09
Head lamps, tail lamps and brakes, etc.
(12)
350.10
Miscellaneous provisions for snowmobile operation
(13)
350.101
Intoxicated snowmobiling
(14)
350.102
Preliminary breath screening test
(15)
350.1025
Application of intoxicated snowmobiling law
(16)
350.104
Chemical tests
(17)
350.106
Report arrest to Department
(18)
350.107
Officer's action after arrest for operating a snowmobile while under influence of intoxicant
(19)
350.12
Registration of snowmobiles; trail use stickers
(20)
350.125
Completion of application for registration by snowmobile dealers
(21)
350.13
Uniform trail signs and standards
(22)
350.15
Accidents and accident reports
(23)
350.17
Enforcement
(24)
350.18
Local ordinances
(25)
350.19
Liability of landowners
(26)
350.99
Parties to a violation
No person shall operate a snowmobile upon any street, highway or alley within the Village of Fairwater 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.
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) 
Snowmobiles are allowed on the trails designated by trail markers established by the local snowmobile clubs and/or the Department of Natural Resources, when approved by the Village Board.
(2) 
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 and/or designee 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 Code, 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 and/or designee 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.
B. 
Parking violations. The special traffic citation described and defined in Chapter 440, Vehicles and Traffic, of this Code shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 394-2 of this chapter.
C. 
Other violations. All violations of this chapter not described in Subsection A or B shall be enforced in accordance with §§ 66.0111 and 66.0114, Wis. Stats.