[HISTORY: Adopted by the Village Board of the Village of Black Earth 5-1-1990 by Ord. No. 90-O-7 as Ch. 27 of the 1990 Code.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter, formerly "Snowmobiles," was renamed 4-13-2021 by Ord. No. 2019-1.
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.
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 ordinance to be filed.
350.05
Operation by youthful operators restricted.
350.055
Safety certification program established.
350.07
Driving animals.
350.08
Owner permitting operation.
350.09
Head lamps, tail lamps 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.
No person shall operate a snowmobile upon any street, highway or alley within the Village 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 operate a snowmobile upon any public highway within the Village at a speed in excess of 20 miles per hour. No person shall operate a snowmobile on any trail designated in § 227-9 of this chapter or in any public park or recreation area at a speed in excess of the posted limit.
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 § 227-9 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
A. 
Operation on private property. It shall be unlawful to operate any snowmobile or any other motor-driven craft or vehicle principally manufactured for off-highway use on the Village streets, alleys, parks, or parking lots or on any public lands or private lands or parking lots held open to the public. The operator of a snowmobile shall at all times have the express consent of the owner before operation of a snowmobile on private property not owned or controlled by him.
B. 
Permitting operation by improper persons 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 or narcotic drug.
C. 
Operation while under influence prohibited. Section 346.63, Wis. Stats., shall apply to the operation of a snowmobile any place within the Village.
D. 
Operation in parks. No person shall drive a snowmobile in any park within the Village except upon snowmobile trails as shall be designated by the Village Board.
E. 
Written consent of owner required. The consent required under § 350.10(1)(f), (k), (l) and (m), Wis. Stats., and in 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.
A. 
Age restrictions. 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. 
Motor vehicle operator's license required. 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 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 Dane County Sheriff's 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. Except as provided 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 property in the Village except upon snowmobile routes and trails designated by the Village Board. The designated route 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.
B. 
Declaring trails closed. The Dane County Sheriff shall have the power to declare the designated 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.
[Added 4-13-2019]
A. 
Adoption of statutory provisions. The provisions of Section 23.33 of the Wisconsin Statutes, and subsequent amendments thereto, are hereby incorporated herein by reference as part of this section, except for those provisions therein which conflict with this section.
B. 
Saving clause. This section shall in no way be deemed to supplant or otherwise invalidate any provision of the state statutes relating to the subject matter hereof. Any person entrusted with the enforcement of this section may, in the exercise of his or her discretion, proceed under applicable state statutes.
C. 
Severability. Should any provision of this section, or its application to any person or circumstance, be held invalid, the remainder of the ordinance and the application of such provisions to other person's circumstances shall not be affected thereby.
D. 
Definitions. For the purposes of this section, the definitions set forth in Section 23.33(1) of the Wisconsin Statutes, are hereby adopted and incorporated herein as reference.
E. 
Designation of ATV and UTV routes:
(1) 
Except as otherwise specifically provided in Section 23.33 of the Wisconsin Statutes, no person shall operate any all-terrain vehicle (ATV) or utility terrain vehicle (UTV) on any Village street, alley, park or parking lot, on any public lands or parking lots held open to the public, or on any land within the Village of Black Earth except as hereinafter designated.
(2) 
All streets in the Village of Black Earth are designated ATV/UTV routes except the following: none.
(3) 
Pursuant to Wis. Stats. § 23.33(11)(am)(4), ATVs and UTVs are authorized to operate on the following highways where the speed limits are 35 miles per hour or less:
(a) 
USH 14 intersection at and between intersection of Mills Street and Nicole Court (Mills Street is STH 78).
(b) 
CTH KP/Madison Street between Williams Way and Blue Mounds Street - Village limit to Village limit.
(4) 
ATVs/UTVs are allowed to park in or along any roadways or alleyways within the Village, unless otherwise posted.
(5) 
ATV/UTV routes shall be open from 7:00 a.m. to 9:00 p.m. daily.
(6) 
The Village may close ATV/UTV routes at any time through removal of all route signage and by providing notice to the public.
(7) 
ATVs/UTVs must stay on routes and not trespass on private property.
F. 
Route signs. Under the direction of the Village, the all-terrain routes shall be designated by route signs. The route signs shall be provided by the Wildlife Forever ATV Club, or its successor, at their cost, and shall be installed by the Village Public Works Department, in accordance with Chapter NR 64.12 of the Wisconsin Administrative Code. The route signs shall be inspected by the Village annually and shall be maintained by the Wildlife Forever ATV Club, or its successor. The Village shall be promptly notified by the ATV Club of any change in responsibility for maintenance of ATV/UTV route signs.
G. 
Restrictions on operation. In addition to the provisions of Section 23.33 of the Wisconsin Statutes and Wisconsin Stats. Chapters 340 to 348, and as a condition for the use of ATV and UTV routes designated and authorized herein, the following restrictions shall apply to operators and passengers, on the use of the Village ATV/UTV routes permitted under this section as applicable:
(1) 
The operators of ATVs/UTVs on all designated ATV/UTV routes shall observe the posted roadway speed limits and all other applicable traffic regulations.
(2) 
ATV/UTV operators shall ride in single file.
(3) 
ATV/UTV headlamps and tail lamps must be turned on at all times and ATVs/UTVs must have operational brake lights.
(4) 
UTV operators and passengers must wear seat belts at all times.
(5) 
ATV/UTV operators shall possess a valid operator's license as defined in Section 340.01(41g) of the Wisconsin Statutes, as may be amended from time to time, including a safety certificate if required by state law.
H. 
Closures, suspension, or termination of route(s). The Village President shall have the authority to:
(1) 
Temporarily close any and all all-terrain routes designated herein until further notice or less due to an emergency, complaint, or other necessary condition as determined by the Village President.
(2) 
Request the Village Planning and Zoning Committee to review any all-terrain route enacted as designated herein for the purpose of suspending or terminating the route.
I. 
Enforcement and penalties. The penalty for any violation identified in Section 23.33(13) of the Wisconsin Statutes or Wis. Stats. Chapters 340 through 347 shall be as provided in the Statutes. Deposit amounts for such violations shall be as set forth in the current Revised Uniform State Traffic Deposit Schedule. The penalty for any violation of this section not addressed in Wis. Stats. § 23.33(13) or Wis. Stats. Chs. 340 through 347 shall be a forfeiture as set forth in the Village of Black Earth Code § 1-4, together with all applicable costs, surcharges and assessments, and as may be amended from time to time.
[Amended 7-6-2004 by Ord. No. 04-O-8]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, General Provisions, § 1-4, 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 255, 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 255 of this Code shall be used for enforcement of violations of rules of the road relating to parking of snowmobiles adopted by reference in § 227-2 of this chapter.
C. 
Other violations. All violations of this chapter not described in Subsection A or B shall be enforced in accordance with §§ 66.0114 and 66.0111, Wis. Stats. 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 costs of prosecution, penalty assessment, fees and surcharges.
D. 
Dane County Sheriff's 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 Dane County Sheriff's Department offices by the Sheriff or officer designated by the Sheriff. 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 State Board of Circuit Court Judges thereunder, required forfeited 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 and approved by the Municipal Judge.