[Code 1966, § 4.29(1); Ord. No.
888, § 1, 12-16-2014]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Being subject to continuous verbal direction or control.
As specified under W.S.A., § 340.01.
A highway or sidewalk designated for use by all-terrain vehicle
operators by the governmental agency having jurisdiction as authorized
under this section.
A marked corridor on public property or on private lands
subject to public easement or lease, designated for use by all-terrain
vehicle operators by the governmental agency having jurisdiction,
but excluding roadways or highways except those roadways which are
not seasonally maintained for motor vehicle traffic.
As specified under W.S.A., § 961.01(4).
As specified under W.S.A., § 125.02(6).
As specified under W.S.A., § 29.001(33).
Persons who are related as spouses, as siblings or parent
and child.
As specified under W.S.A., § 125.02(8).
A person who has lawful possession of an all-terrain vehicle
by virtue of legal title or equitable interest in the all-terrain
vehicle which entitles the person to possession of the all-terrain
vehicle.
Used for an agricultural use as defined under W.S.A., § 91.01(2).
Use of an all-terrain vehicle by a dealer for demonstration
purposes, but does not include all-terrain vehicles leased or rented.
Use of an all-terrain vehicle only on land owned or leased
by the person or a member of the person's immediate family over
which the owner or lessee has management and control. This term excludes
use of an all-terrain vehicle on land owned or leased by an organization
of which the person or a member of the person's immediate family
is a member.
Use of an all-terrain vehicle by the owner of the all-terrain
vehicle or a member of his immediate family only on land owned or
leased by the all-terrain vehicle owner or a member of his immediate
family.
[Code 1966, § 4.29(11); Ord. No.
888, § 1, 12-16-2014]
[Code 1966, § 4.29(2); Ord. No.
888, § 1, 12-16-2014]
No person may operate and no owner may give permission for the
operation of any all-terrain vehicle within this state unless the
all-terrain vehicle is registered for public use or for private use
with the department of natural resources under this article or is
exempt from registration. No person may operate and no owner may give
permission for the operation of any all-terrain vehicle on a public
all-terrain vehicle route or trail unless the all-terrain vehicle
is registered for public use with the department of natural resources
under this section, or is exempt from registration.
[Code 1966, § 4.29(3); Ord. No.
888, § 1, 12-16-2014]
(a)
No person may operate an all-terrain vehicle:
(1)
In any careless way so as to endanger the person or property
of another.
(2)
While under the influence of a fermented malt beverage, intoxicating
liquor or controlled substances.
(3)
On private property of another without the consent of the owner
or lessee. Failure to post private property notices does not imply
consent for all-terrain vehicle use.
(4)
With any firearm in his possession unless it is unloaded and
enclosed in a carrying case, or any bow unless it is unstrung or enclosed
in a carrying case.
(5)
To drive or pursue any animal except as a part of normal farming
operations involving the driving of livestock.
(6)
Permitted hours of operation shall be limited to the hours of
9:00 a.m. to 6:00 p.m., and operation shall be such that it will not
create a public nuisance.
(7)
In a manner which violates operating rules promulgated by the
department of natural resources.
[Code 1966, § 4.29(4); Ord. No.
888, § 1, 12-16-2014]
Any vehicle owned by the operator and operated by him or by the members of his immediate family, may be operated on the owner's own premises, subject to the provision of Subsection 82-294(a)(7).
[Code 1966, § 4.29(5); Ord. No.
888, § 1, 12-16-2014]
(a)
Freeways. No person may operate an all-terrain vehicle upon any part
of any freeway which is a part of the federal system of interstate
and defense highways. No person may operate an all-terrain vehicle
upon any part of any other freeway unless the department of transportation
authorizes all-terrain vehicle use on that freeway.
(c)
Exception for municipal, state and utility operations; races and
derbies. Exceptions to this section may be made for certain municipal,
state and utility operations, as well as to races and derbies as follows:
(1)
Subsections (a) and (b) of this section do not apply to the
operator of an all-terrain vehicle owned by a municipality, state
agency or public utility while the operator is engaged in emergency
operations or in operations directly related to the functions of the
municipality, state agency or public utility if safety does not require
strict adherence to these regulations.
(2)
Subsection (b) of this section does not apply to a highway blocked
off for special all-terrain vehicle events. A county, town, city or
Village may block off highways under its jurisdiction for the purpose
of allowing special all-terrain vehicle events. No state trunk highway
or connecting highway, or part thereof, may be blocked off by any
county, town, city or Village for any all-terrain vehicle race or
derby. A county, town, city or Village shall notify the local police
department and the county sheriff's office at least one week
in advance of the time and place of any all-terrain vehicle race or
derby which may result in any street, or part thereof, of the county,
town, city or Village being blocked off.
(d)
Operation on roadway. All-terrain vehicles may be operated on the
roadway portion of any highway only in the following situations:
(1)
To cross a roadway. The crossing of a roadway is authorized
only if the crossing is done in the most direct manner practical.
If the crossing is made at a place where no obstruction prevents a
quick and safe crossing, and if the operator stops the all-terrain
vehicle prior to the crossing and yields the right-of-way to other
vehicles and pedestrians using the roadway.
(2)
On any roadway which is not seasonally maintained for motor
vehicle traffic. Operation on this type of roadway is authorized only
during the seasons when no maintenance occurs and only if the roadway
is not officially closed to all-terrain vehicle traffic.
(3)
To cross a bridge, culvert or railroad right-of-way. The crossing
of a bridge, culvert or railroad right-of-way is not authorized if
the roadway is officially closed to all-terrain vehicle traffic. The
crossing is authorized only if the crossing is done in the most direct
manner practical. If the crossing is made at a place where no obstruction
prevents a quick and safe crossing and if the operator stops the all-terrain
vehicle prior to the crossing and yields the right-of-way to other
vehicles and pedestrians using the roadway.
(4)
On roadways which are designated as all-terrain vehicle routes.
Operation of all-terrain vehicles on a roadway which is an all-terrain
vehicle route is authorized only for the extreme right side of the
roadway except that left turns may be made from any part of the roadway
which is safe, given prevailing conditions.
(5)
On roadways if the all-terrain vehicle is an implement of husbandry,
if the all-terrain vehicle is used exclusively for agricultural purposes
and if the all-terrain vehicle is registered for private use under
Subsection (d)(2) of this section. Operation of an all-terrain vehicle
which is an implement of husbandry on a roadway is authorized only
for the extreme right side of the roadway except that left turns may
be made from any part of the roadway which is safe, given the prevailing
conditions.
(e)
Operation adjacent to roadway. An all-terrain vehicle may be operated
adjacent to a roadway on an all-terrain vehicle route or trail if
the all-terrain vehicle is operated in the following manner:
(1)
The all-terrain vehicle is operated at a distance of 100 or
more feet from the roadway along U.S. numbered highways and state
and county highways. Travel on the median of a divided highway is
prohibited except to cross.
(2)
The all-terrain vehicle is operated outside of the roadway along
Village highways.
(3)
During hours of darkness the all-terrain vehicle is operated
in the same direction as motor vehicle traffic in the nearest lane,
although during daylight hours travel may be in either direction regardless
of the flow of motor vehicle traffic.
(4)
The all-terrain vehicle does not exceed the speed limits of
the adjacent roadway.
(5)
The all-terrain vehicle is operated with due respect to safety
and in compliance with rules promulgated by the department and approved
by the department of transportation.
[Code 1966, § 4.29(6); Ord. No.
888, § 1, 12-16-2014]
(a)
Age restriction. No person under 12 years of age may operate an all-terrain vehicle unless he or she is accompanied by a parent, guardian or person over 18 years of age. No person who is under 12 years of age may operate an all-terrain vehicle which is an implement of husbandry on a roadway under the authorization provided under Subsection 82-296(d)(5) regardless of whether he or she is accompanied by a parent, guardian, or person over 18 years of age.
(b)
All-terrain vehicle safety certificate. A person who is at least
12 years of age but under 16 years of age may not operate an all-terrain
vehicle unless he holds a valid all-terrain safety certificate or
is accompanied by a person over 18 years of age. A person who is at
least 12 years of age, but under 16 years of age, may not operate
an all-terrain vehicle which is an implement of husbandry on a roadway
under the authorization provided under § 82-292(d)(5) unless
he holds a valid all-terrain vehicle safety certificate regardless
if he is accompanied by a person over 18 years of age. A person who
is at least 12 years of age, but under 16 years of age, who holds
an all-terrain vehicle safety certificate shall carry it while operating
an all-terrain vehicle and shall display it to a law enforcement officer
on request. Persons enrolled in a safety certification program approved
by the department of natural resources may operate an all-terrain
vehicle in an area designated by the instructor.
(c)
Exception. Subsections (a) and (b) of this section do not apply to a person who uses an all-terrain vehicle exclusively on land under the management and control of the person's immediate family. Subsections (a) and (b) of this section do not apply to a person at least 12 years of age, but under 16 years of age, who holds a valid certificate issued by another state or a province of Canada.
[Code 1966, § 4.29(7); Ord. No.
888, § 1, 12-16-2014]
(a)
Nighttime operation; highway rights-of-way. An all-terrain vehicle
operated during hours of darkness or operated during daylight hours
on any highway right-of-way is required to display a lighted headlamp
and taillamp.
(b)
Headlamps. The headlamp on an all-terrain vehicle is required to
display a white light of sufficient illuminating power to reveal any
person, vehicle or substantial object at a distance of at least 200
feet ahead of the all-terrain vehicle.
(c)
Taillamps. The taillamp on an all-terrain vehicle is required to
display a red light plainly visible during hours of darkness from
a distance of 500 feet to the rear.
(d)
Brake. Every all-terrain vehicle is required to be equipped with
at least one brake operated either by hand or by foot.
(e)
Muffler. Every all-terrain vehicle is required to be equipped with
a functioning muffler to prevent excessive or unusual noise.
[Code 1966, § 4.29(8); Ord. No.
888, § 1, 12-16-2014]
(a)
If an accident results in the death of a person or in the injury
of any person which requires the treatment of the person by a physician,
the operator of each all-terrain vehicle involved in the accident
shall give notice of the accident to a conservation warden or local
law enforcement officer as soon as possible and shall file a written
report of the accident with the department on the form provided by
it within 10 days after the accident.
(b)
If the operator of an all-terrain vehicle is physically incapable
of making the report required by this section and there was another
witness to the accident capable of making the report, the witness
may make the report.
[Code 1966, § 4.29(9); Ord. No.
888, § 1, 12-16-2014]
(a)
Routes. The Village may designate highways or all-terrain vehicle
routes, but no state trunk highway or connecting highway may be designated
as an all-terrain vehicle route unless the department of transportation
approves the designation.
(b)
Trail. The Village may designate corridors through land which it
owns or controls, or for which it obtains leases, easements or permission
for use as all-terrain vehicle trails.
(c)
Restrictions. The Village may specify effective periods for the use
of all-terrain vehicle routes and trails and may restrict or prohibit
the operation of all-terrain vehicles during certain periods of the
year.
[Code 1966, § 4.29(10); Ord. No.
888, § 1, 12-16-2014]
W.S.A., § 895.52 applies to the activities regulated
in this section.
[Code 1966, § 4.21; Ord. No. 554, § I, 2-7-1995; Ord. No. 888, § I, 12-16-2014]
(a)
Adoption by reference. Except as otherwise specifically provided
in this section, 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 section as if fully set forth herein. Acts required
to be performed or prohibited by such statutes are required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutes incorporated herein by reference are intended to be
made part of this Code.
|
Statute
|
Subject
|
|---|---|
|
350.01
|
Definitions
|
|
350.02
|
Operation of snowmobiles on or in the vicinity of highways
|
|
350.03
|
Right-of-way
|
|
350.04
|
Snowmobile races, derbies and routes
|
|
350.045
|
Public utility exemption
|
|
350.047
|
Local utility exemption
|
|
350.05
|
Operation by youthful operators restricted
|
|
350.055
|
Safety certification program established
|
|
350.06
|
Firearms and bows
|
|
350.07
|
Driving animals
|
|
350.08
|
Owner permitting operation
|
|
350.09
|
Headlamps, taillamps and brakes, etc.
|
|
350.10
|
Miscellaneous provisions for snowmobile operation
|
|
350.12
|
Registration of snowmobiles
|
|
350.125
|
Completion of application for registration by snowmobile dealers
|
|
350.13
|
Uniform trail signs and standards
|
|
350.15
|
Accidents and accident reports
|
|
350.17
|
Enforcement
|
|
350.18
|
Local ordinances
|
|
350.19
|
Liability of landowners
|
|
350.99
|
Parties to a violation
|
(b)
Violations of state law. No person shall operate a snowmobile upon
any street, highway or alley within the Village in violation of the
provisions of W.S.A., §§ 346.04, 346.06, 346.14(1),
346.18-346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40,
346.44, 346.46 — 346.48, 346.50(1)(b), 346.51 — 346.55,
346.87 — 346.91, 346.92(1) and 346.94.
(c)
Speed; hours of operation; equipment.
(1)
Speed. No person shall operate a snowmobile within the Village
at a speed in excess of 15 miles per hour.
(2)
Hours of operation restricted. No person shall operate a snowmobile
anywhere within the Village between the hours of 10:00 p.m. and 7:00
a.m.
(3)
Restriction on equipment. No snowmobile or other vehicle operating
on a snowmobile route within the Village 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 such lights must conform to the requirements
of W.S.A., § 350.09.
(d)
Unattended vehicles. No person shall leave or allow a snowmobile
owned or operated by him or her to remain unattended on any public
highway or public property while the motor is running or with the
starting key left in the ignition.
(e)
Operation on sidewalks prohibited. No person shall operate a snowmobile
upon any sidewalk, pedestrian way or upon the area between the sidewalk
and the curb line of any street in the Village, except as specifically
authorized herein or for the purpose of crossing to obtain immediate
access to an authorized area of operation. No person shall operate
a snowmobile over any driveway or driveway apron.
(f)
Snowmobile operation restricted.
(1)
Operation on private property. Except as permitted by this section,
it shall be unlawful to operate any snowmobile 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 the
snowmobile on private property not owned or controlled by him or her.
(2)
Permitting operation by improper person 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.
(3)
Operation while under influence prohibited. W.S.A., § 346.63
shall apply to the operation of a snowmobile any place within the
Village.
(4)
Operation in parks. No person shall drive a snowmobile in any
park within the Village except upon designated snowmobile trails as
designated by the Village Board.
(5)
Written consent of owner required. The consent required under
W.S.A., § 350.10(6), (11), (12) and (13), and 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.
(g)
Restrictions on operators.
(1)
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.
(2)
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.
(h)
Accidents and accident reports.
(1)
If he or she can do so without serious danger to himself/herself
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.
(2)
If the snowmobile accident results in death or injury to any
person or total property damage in excess of $500, every operator
of a snowmobile involved in such accident shall, as soon as possible,
notify the police department of the accident and shall, immediately
after the accident, file a written report thereof with the department
on forms prescribed by it.
(3)
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/she shall make such report.
(4)
"Snowmobile accident" means a collision, accident or other casualty
involving a snowmobile,
(i)
Snowmobile routes and trails designated.
(1)
Routes designated. Except as provided in W.S.A., §§ 350.02
and 350.045, or for snowmobile events authorized in accordance with
W.S.A., § 350.04, 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 yearly by resolution
by the Village Board, a copy of which shall be on file with the Village
Clerk.
(2)
Trail markers. The Director of Public Works is directed and
authorized to procure, erect and maintain appropriate snowmobile routes,
trail and limit signs and markers as approved by the state department
of natural resources under W.S.A., § 350.13. The Chief of
Police shall have the power to declare the stated snowmobile routes
and trails either open or closed.
(3)
Markers to be obeyed. No person shall fail to obey any route
or trail sign, marker or limit erected in accordance with this section.
(j)
Penalty. Any person who shall violate any provision of this section
shall, upon conviction thereof, pay a forfeiture as set forth in the
most current Village Board bail bond resolution, 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 this Code.
