Village of Waterford, WI Article II Snowmobiles

[Adopted 12-10-2012 by Ord. No. 597[1]]

[1] Editor's Note: This ordinance also repealed former Art. II, Snowmobiles, adopted as § 7.10 of the 1998 Code, as amended.

§ 218-8 Intent.

A. The Village of Waterford, Racine County, designates the following snowmobile route(s) for the operation of snowmobiles as listed in § 218-10.

B. Following due consideration of the recreational value to connect trail opportunities and weighted against possible dangers, public health and concern, liability aspects, terrain involved, history of automobile traffic and overall traffic density, the listed snowmobile route(s) have been created.

§ 218-9 Statutory authority.

A. The snowmobile route(s) are created in this Article pursuant to Village authority as authorized by Wis. Stat. § 350.18.

B. The applicable provisions of Wis. Stat. Ch. 350 regulating snowmobile operations in general, and snowmobile operations pursuant to snowmobile routes, are adopted.

§ 218-10 Routes designated.

All routes must be signed in accordance with Wis. Admin. Code § NR 50.10. The following road(s) are designated as snowmobile road route(s).

State Trunk Highway 83 beginning at the northerly limits of the Village and ending at the parking lot of the Cotton Exchange restaurant, located at the intersection of State Trunk Highway 83 and State Trunk Highway 20, requested by the Tichigan Sno-N-Go Snowmobile Club.

§ 218-11 Conditions.

As a condition for the use of this route, the following conditions shall apply in addition to the applicable provisions of Wis. Stat. Ch. 350:

A. Responsible snowmobile club. The snowmobile club that requests that a route be approved by the Village shall be responsible for the maintenance of the route, for erecting and removing the required signs under the direction of the Village, and for repairing damage that occurs to property along the route.

B. No residential access. Pursuant to the authority granted in Wis. Stat. §§ 350.02(6) and 350.18(3), residential access by snowmobiles, and access from lodging by snowmobiles, is prohibited in the Village.

C. No operation in Village parks or other land. Pursuant to the authority granted in Wis. Stat. § 350.10, no person shall operate a snowmobile in any Village park or on any other land owned by the Village.

D. All applicable provisions of Chapter 350 of the Wisconsin Statutes apply. No person may operate a snowmobile in the Village except in strict conformance with the statutory provisions of Wis. Stat. Ch. 350. Said provisions, as set forth in Wis. Stat. § 350.02, do not allow operation of a snowmobile any closer than 10 feet to the roadway of any U.S. numbered highway, state or county highway, or upon the roadway of any town highway, except by law enforcement officers or for emergency purposes in certain circumstances, or for certain access purposes, or to directly cross a highway. Subject to the provisions and exceptions set forth in Wis. Stat. § 350.02, no person may operate a snowmobile on or adjacent to any Village street that is not a snowmobile route, or one of the types of highways listed by statute, or on any sidewalk, pedestrian way or mall. Snowmobiles may only be operated adjacent to or on highways lying in the Village if the operation is in strict conformance with Wis. Stat. Ch. 350.

§ 218-12 Enforcement; violations and penalties.

A. This article may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.

B. Wisconsin snowmobile penalties as found in Wis. Stat. § 350.11 are adopted by reference.

§ 218-13 Severability.

The provision of this article shall be deemed severable and it is expressly declared that the Village would have passed the other provisions of this article irrespective of whether or not one or more provisions may be declared invalid. If any provision of this article or the application to any person or circumstance is held invalid, the remainder of the article and the application of such provisions to other persons or circumstances shall not be deemed affected.