Village of Theresa, WI Snowmobiles

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.

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

§ 288-2 Applicability of traffic regulations to snowmobiles.

No person shall operate a snowmobile upon any street, highway or alley within the Village of Theresa 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.

§ 288-3 Unattended snowmobiles.

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.

§ 288-4 Operation on sidewalks and alleys.

No person shall operate a snowmobile upon any sidewalk, alley, or pedestrianway or upon the area between the sidewalk and the curbline of any street in the Village, except as specifically authorized by § 288-8 or for the purpose of crossing to obtain immediate access to an authorized area of operation.

§ 288-5 Speed; hours of operation.

Speed. No person shall operate a snowmobile upon any public highway, roadway, trail or park within the Village at a speed in excess of 15 miles per hour. This limit is intended to set a maximum allowable speed limit of 15 miles per hour within the municipal boundaries of the Village of Theresa.[1]

[1]

Editor's Note: Original § 10-3-5(b), Unattended snowmobiles, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 288-3, Unattended snowmobiles.

Hours of operation. No person shall operate a snowmobile within the Village of Theresa between the hours of 10:00 p.m. and 7:00 a.m. except upon a public highway as authorized by the Wisconsin Statutes and this chapter or for the purpose of gaining access to or leaving such highway or snowmobile route. However, residents outside the Village limits and nonresidents within the Village limits may make one ingress or egress trip during the prohibited hours.

§ 288-6 Restrictions on operators.

[Amended 3-2-2015]

No person under the age of 12 years may operate a snowmobile. No person over the age of 12 years may operate a snowmobile unless they hold a valid snowmobile safety certificate issued by the Department of Natural Resources; unless age exempts them by state law.

§ 288-7 Accidents and accident reports.

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.

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.

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.

"Snowmobile accident" means a collision, accident or other casualty involving a snowmobile.

§ 288-8 Snowmobile routes and trails designated.

Trails 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 unless expressly authorized upon any public right-of-way in any public park, unless on traveled portion, or on any other public municipal property in the Village of Theresa except upon designated snowmobile routes.

(1)

The following streets or portions thereof are designated snowmobile routes:

(a)

Mill Street from the east to Rock River Street West, Wisconsin Street south to Henni Street east, back to Mill Street.

(b)

Forest Street west from Highland Avenue to State Road Highway 175 and east back to Highland Avenue

[Added 3-2-2020[1]]

[1]

Editor's Note: This ordinance also repealed former Subsection A(1)(b), which listed Wisconsin Street to McArthur Road as a designated snowmobile route.

(c)

State Road 175 north from Rock River Street, across the bridge with the flow of traffic to Park Street and south back to Rock River Street.

[Added 3-2-2015]

(d)

On other Village streets by residents (and their guests) to travel by the most direct route from their home and back to the streets designated in Subsection A(1)(a), (b) and (c) above.

[Amended 3-2-2015]

(2)

No snowmobiles are allowed on Bonduel Street east of Menomonee Street through the River's Edge Park.

(3)

The purpose of this subsection is to allow ingress and egress from the Village limits only, and not for recreational purposes, other than to cross Milwaukee Street (Highway 175) or Mayville Street (Highway 67/28).

(4)

It is prohibited to operate a snowmobile on any state highway within the Village of Theresa, except on highways which have been designated as routes and which are required to be marked.

[Amended 3-2-2015]

Trail markers.

(1)

Area snowmobile clubs shall be responsible for procuring, erecting and maintaining all necessary signs on all approved routes by the Village Board.

(2)

The Chief of Police shall have the power to declare the stated snowmobile routes and trails either open or closed.

Markers to be obeyed. No person shall fail to obey any route or trail sign, marker or limit erected in accordance with this section.

§ 288-9 Violations and penalties.

[Amended 8-1-2005 by Ord. No. 1-10]

Any person who shall violate any provision of this chapter may, upon conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-5 of this Code, 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 337, Vehicles and Traffic, of this Code.

§ 288-10 Enforcement.

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.

Parking violations. The special traffic citation described and defined in Chapter 337, 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 § 288-1 of this chapter.

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. 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.

Police 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 Dodge County Clerk of Courts' office on behalf of the Village of Theresa.

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 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.