[Adopted 10-6-2004 as
Title 10, Ch. 3, of the 2004 Code]
A.
Except as otherwise specifically provided in this article, 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 article as if fully
set forth herein. Acts required to be performed or prohibited by such
statutes are required or prohibited by this article. Any future amendments,
revisions or modifications of the statutes incorporated herein by
reference are intended to be made part of this Code.
(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 350.04, Snowmobile races, derbies and routes.
(5)
Section 350.045, Public utility exemption.
(6)
Section 350.047, Local ordinance to be filed.
(7)
Section 350.05, Operation by youthful operators restricted.
(8)
Section 350.055, Safety certification program established.
(9)
Section 350.07, Driving animals.
(10)
Section 350.08, Owner permitting operation.
(11)
Section 350.09, Head lamps, tail lamps and brakes, etc.
(12)
Section 350.10, Miscellaneous provisions for snowmobile operation.
(13)
Section 350.101, Intoxicated snowmobiling.
(14)
Section 350.102, Preliminary breath screening test.
(15)
Section 350.1025, Application of intoxicated snowmobiling law.
(16)
Section 350.104, Chemical tests.
(17)
Section 350.106, Report arrest to department.
(18)
Section 350.107, Officer's action after arrest for operating
a snowmobile while under influence of intoxicant.
(19)
Section 350.12, Registration of snowmobiles.
(20)
Section 350.125, Completion of application for registration
by snowmobile dealers.
(21)
Section 350.13, Uniform trail signs and standards.
(22)
Section 350.15, Accidents and accident reports.
(23)
Section 350.17, Enforcement.
(24)
Section 350.18, Local ordinances.
(25)
Section 350.19, Liability of landowners.
(26)
Section 350.99, Parties to a violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall operate a snowmobile in the City of Amery upon any highway, street, alley, or public parking lot or upon any private parking lot or road held out for the use of the general public for parking or vehicular travel in violation of traffic regulations made applicable by § 346.02(10), Wis. Stats., for snowmobiles, except as provided in §§ 358-5 and 358-6.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Speed. No person shall operate a snowmobile upon any public property
or snowmobile route or trail within the City of Amery in excess of
15 miles per hour.
B.
Unattended vehicles. No person shall leave or allow a snowmobile
owned or operated by him/her to remain unattended on any public highway
or public property while the motor is running or with the starting
key in the ignition.
C.
Operation of snowmobiles on streets, alleys and sidewalks. No person
shall operate a snowmobile upon any street, alley or sidewalk within
the City of Amery at any time, except and subject to the following
conditions:
(1)
Limitations. Snowmobiles may be operated on streets, alleys or sidewalks
during a period of emergency when so declared by the Mayor upon advice
of the Chief of Police.
(2)
Special events. Snowmobiles may be operated on streets or alleys
for special snowmobile events of limited duration which are conducted
according to a prearranged schedule under the permission of the City
Council of the City of Amery.
D.
Age of operators.
(1)
No person under the age of 12 years may operate a snowmobile unless
accompanied by a parent or guardian or a person 18 years of age or
older. Persons between 12 and 16 years of age must possess a valid
snowmobile safety certificate or be accompanied by a person over 18
years of age or a person over 14 years of age holding a valid snowmobile
safety certificate.
(2)
No owner or other person having charge or control of a snowmobile
may knowingly authorize or permit any person to operate the snowmobile
if the person is prohibited from operating a snowmobile under Wisconsin
Statutes or this article, or if the person is incapable of operating
a snowmobile because of physical or mental disability, or if the person
is under the influence of alcohol beverages or controlled substances,
or a combination thereof, or under the influence of any other drug
to a degree which renders him/her incapable of safely operating a
snowmobile.
(3)
No parent or guardian of any child shall authorize or knowingly permit
such child to operate a snowmobile if the child is prohibited from
operating a snowmobile under Wisconsin Statutes or this article.
E.
Pursuit of animals. No operator shall violate § 350.07,
Wis. Stats., by driving or pursuing any animal with a snowmobile.
F.
Proper lighting. Each snowmobile operator on the designated route
shall see to it that his/her snowmobile is equipped with proper, operating
headlamps, taillights and brakes and other required equipment all
in accord with § 350.09, Wis. Stats.
G.
Miscellaneous regulations. No person shall operate a snowmobile in
the following manner:
(1)
At a rate of speed that is unreasonable or improper under the circumstances.
(2)
In any careless way so as to endanger the person or property of another.
(3)
In such a way that the exhaust of the motor makes an excessive or
unusual noise.
(4)
Without a functioning muffler.
(5)
On the private property of another without the consent of the owner
or lessee.
(6)
On the frozen surface of public waters within 100 feet of a person
not in or upon a vehicle or within 100 feet of a fishing shanty unless
operated at a speed of 10 miles per hour or less.
(7)
On a slide, ski or skating area except for purposes of servicing
the area, crossing at places where marked or after stopping and yielding
the right-of-way.
(8)
On or across a cemetery, school or church property without consent
of the owner.
H.
Intoxicated snowmobiling prohibited. The restrictions of § 350.101,
Wis. Stats., are hereby incorporated by reference and it shall be
a violation of this section to engage in operation of a snowmobile
while under the influence of an intoxicant to a degree which renders
the operator to be incapable of safe snowmobile operation. In addition,
§§ 350.102 through 350.107, Wis. Stats., are incorporated
herein by reference for enforcement purposes against intoxicated use
of a snowmobile.
I.
Nonassumption of liability. By enacting this article designating
a snowmobile route through the City, portions of which cross private
properties, or frozen surfaces, the City is assuming no responsibility
for any property damage or personal injuries sustained by any persons
as a result of the operation of snowmobiles across those properties.
A.
If he/she can do so without serious danger to his/her own snowmobile
or to persons on board, the operator of a snowmobile involved in a
snowmobile accident within the City 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/she shall make such report.
D.
"Snowmobile accident" means a collision, accident or other casualty
involving a snowmobile.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Routes designated. Except as provided herein and 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 City of Amery except upon snowmobile routes and trails designated by resolution by the City Council or upon a special access route established by § 358-6.
B.
Trail markers. The Chief of Police 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.
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.
Operation of snowmobiles in City limited to designated route. Snowmobiles
shall not be operated upon any street, highway or alley nor upon any
public property in the City subject to the following express exceptions:
(1)
Upon the designated route.
(2)
Upon a street, highway or alley right-of-way providing the most direct route between a snowmobile operator's place of residence in the City and the designated route pursuant to § 358-6. The sole reason for allowing the use of streets, highways or alleys other than those incorporated into the designated route for snowmobile operation purposes shall be limited strictly to access to and from the designated route for snowmobile operators whose places of residence are in the City. At all times when operating on other than the designated route, snowmobile operators shall comply with speed and right-of-way limitations as set forth at §§ 350.02 and 350.03, Wis. Stats.
E.
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 405, Vehicles and Traffic, of this Code of Ordinances, which is hereby adopted by reference and made part of this article as if fully set forth herein. Any act required to be performed or prohibited by such laws is required or prohibited by this section.
F.
Declaring trails closed. Due to weather conditions or emergency,
the Chief of Police may declare snowmobile trails closed within the
City.
A.
Intent. The intent of this section is to provide a means for persons
to travel by snowmobile between a residence or lodging establishment
within the City of Amery, Polk County, Wisconsin, and a snowmobile
route or trail. The route of travel shall be the shortest distance
from and to that residence or lodging establishment that is necessary
for a person to operate a snowmobile on a snowmobile route or trail
which is closest to that residence or lodging establishment.
B.
Statutory authority. This section is adopted as authorized under
§ 350.18(3)(a), Wis. Stats.
C.
Designated roadways and/or highways. No person shall operate a snowmobile
on a roadway or shoulder of a highway not designated as a snowmobile
route other than the following:
(1)
All roadways or shoulders except STH 46 and CTH F.
D.
Conditions. This section designates the roadway and/or shoulders
of specific highways for snowmobile travel between a residence and
a lodging establishment within the limits of the City of Amery, Polk
County, Wisconsin, to travel for the shortest distance that is necessary
to reach the snowmobile trail or route that is closest to that residence
or lodging establishment subject to the following conditions:
(1)
Snowmobiles shall be operated on the extreme right side of the roadway
and travel with the flow of traffic.
(2)
Snowmobiles shall be operated in single file.
(3)
Snowmobile headlights and tail lights shall be on at all times.
(4)
Snowmobile operators shall yield the right-of-way to other vehicular
traffic and pedestrians.
E.
Speed. A snowmobile operated on a portion of the roadway or shoulder
of a highway pursuant to this section shall observe roadway speed
limits.
F.
Enforcement. This section shall be enforced by any law enforcement
officer of the City of Amery.
G.
Penalties. Wisconsin state snowmobile penalties as found in § 350.11(1)(a),
Wis. Stats., are adopted by reference as the penalties applicable
for violations of this section.
A.
Prohibited operation. No person shall operate a snowmobile upon any
open waters within the City of Amery. This prohibition is in effect
year round.
Any person who shall violate any provision of this article shall, upon conviction thereof, forfeit not less than $25 and not more than $500, together with the costs of prosecution, 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 405, Vehicles and Traffic, of this Code of Ordinances.
A.
Uniform citation for highway violations. The uniform traffic citation
promulgated under § 345.11, Wis. Stats., shall be used for
violations of this article relating to highway use except as herein
provided.
C.
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 article shall be as established by the schedule adopted by the
City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
