[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk 5-11-1988 as Ch. 7 of the 1988 Code. Amendments noted where applicable.]
Except as otherwise provided in this chapter, the statutory provisions in Chs. 340 to 348, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, including penalties to be imposed and procedure for prosecution, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated in this chapter by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on the highways, streets and alleys of the state.
Chief of Police responsible. The Chief of Police shall procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation giving notice of the provisions of this chapter as required by state law. Signs shall be erected in such locations and in such manner as the Town Board determines will best effect the purposes of this chapter and give adequate warning to users of the streets and highways.
Removal of unofficial signs and signals. The Chief of Police shall have the authority granted by § 349.09, Wis. Stats., and shall order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this chapter or § 346.41, Wis. Stats. Any charge imposed on any premises for removal of an illegal sign, signal or device shall be reported to the Town Board at its next regular meeting for review and certification.
State snowmobile laws adopted. Except as otherwise specifically provided in this chapter the statutory provisions of Ch. 350, Wis. Stats., describing and defining regulations with respect to snowmobiles, including penalties to be imposed and procedure for prosecution, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated in this chapter by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of statutes incorporated herein are intended to be made a part of this chapter in order to secure uniform statewide regulation of snowmobiles.
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 controlled substance.
Operation while under influence prohibited. Section 346.63, Wis. Stats., including any future amendments, shall apply to the operation of a snowmobile anywhere within the Town.
Written consent of owner required. The consent required under § 350.10(1)(f), (k), (l) and (m), Wis. Stats., 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 shall be obtained.
Intent. The intent of this subsection is to provide a means for persons to travel from a residence and lodging establishment within the limits of The Town of Lake Tomahawk, Oneida County, Wisconsin, for the shortest distance that is necessary for a person to operate a snowmobile to the snowmobile route or trail that is closest to that residence and lodging establishment.
Statutory authority. This subsection is adopted as authorized under § 350.18(3)(a), Wis. Stats.
Conditions. This subsection designates the roadways and/or shoulders of specific highway for snowmobile travel by persons residing in or staying at a lodging establishment within the limits of Town of Lake Tomahawk, Oneida 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:
Speed. A snowmobile operated on a portion of the roadway or shoulder of a highway pursuant to this subsection shall be no greater than 20 miles per hour.
Enforcement. This subsection shall be enforced by any law enforcement officer of the Town of Lake Tomahawk, Oneida County, Wisconsin, and the Department of Natural Resources.
Penalties. Wisconsin State snowmobile penalties as found in § 350.11(1)(a), Wis. Stats., are adopted by reference.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Every device propelled by the feet acting upon pedals and having wheels any two of which are more than 14 inches in diameter.
- The lateral boundaries of that portion of a street designated for the use of vehicles, whether marked by a curb or not.
- Every person who drives or is in actual physical control of a vehicle.
- A person other than a lienholder having the property of or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
- Any person afoot.
- Lamps and other light reflecting equipment on bicycles.
- BRAKING EQUIPMENT
- Such device on a bicycle which shall enable the operator to stop within a safe distance.
- The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
- That portion of a street between curblines or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians.
- The entire width between the boundary lines of every way publicly maintained when any part thereof is open to public use for purposes of vehicular travel.
Special rules applicable to bicycles. Whenever a bicycle is operated on a highway, bicycle lane or bicycleway the following rules apply:
A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars.
Reflector. No person may operate a bicycle upon a highway, bicycle lane or bicycleway during hours of darkness unless such bicycle is equipped with or the operator is wearing a lamp emitting a white light visible from a distance of at least 500 feet to the front of such bicycle. Such bicycle shall also be equipped with a red reflector that has a diameter of at least two inches of surface area on the rear so mounted and maintained as to be visible from all distances from 50 feet to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to, but not in lieu of, the red reflector.
Braking equipment. No person may operate a bicycle upon a highway, bicycle lane, bicycleway or bicycle route unless all braking equipment with which the bicycle was originally provided is in good working order. No person may operate a bicycle equipped with a coaster brake upon a highway, bicycle lane or bicycleway unless such brakes will enable the operator to make the rear wheel skid on dry, level, clean pavement.
Riding bicycle on roadway.
Unless preparing to make a left turn, every person operating a bicycle upon a roadway carrying two-way traffic shall ride within three feet of the right side of the unobstructed traveled roadway. On one-way roadways, the operator of the bicycle shall ride within three feet of the right or left side of the unobstructed traveled roadway. Every person operating a bicycle upon a roadway shall exercise due care when passing a standing vehicle or one proceeding in the same direction, allowing a minimum of three feet between his bicycle and the vehicle.
Persons operating bicycles upon a roadway shall ride single file on all roadways which have center lines or lane lines indicated by painting or other markings and in all unincorporated areas. On roadways not divided by painted or other marked center lines or lane lines bicycle operators may ride two abreast in incorporated areas.
Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
No person shall operate a bicycle upon a roadway where a sign is erected indicating that bicycle riding is prohibited.
Emerging from an alley or driveway. The operator of a bicycle emerging from an alley, driveway or building shall stop prior to riding on or across a sidewalk or roadway. Such operator shall in all cases yield the right-of-way to all pedestrians approaching on such sidewalk and to all vehicles approaching upon such roadway.
No person shall park any bicycle against windows or on the main traveled portion of the sidewalk nor in such manner as to constitute a hazard to pedestrians, traffic or property.
If there are no bicycle racks or other facilities intended to be used for the parking of bicycles in the vicinity, bicycles may be parked on the sidewalk in an upright position parallel to and within 24 inches of the curb.
Clinging to vehicles and towing.
No person operating a bicycle shall attach himself or his bicycle to any vehicle upon a roadway.
No person operating a bicycle shall tow or draw any coaster, wagon, sled, person on roller skates, toy vehicles or other similar vehicle on any street, highway or roadway. Only trailers designed for bicycles may be towed.
Handlebars. Every bicycle that is equipped with handlebar grips must have such grips securely glued or cemented to the handlebars.
Effect of regulations.
No person shall perform any act forbidden or fail to perform any act required in this section.
The parent or guardian of any child or ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this section.
The regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.
Improper riding, trick riding and racing.
No person operating a bicycle upon a highway or street shall participate in any race or endurance contest, unless it is an authorized contest under police supervision.
No person operating or riding a bicycle shall perform or attempt to perform any acrobatic, fancy or stunt riding upon any public highway or street.
Penalties. Any person violating any provision of this section may be required to forfeit not less than $10 nor more than $200.
[Amended 12-8-2010; 8-8-2012]
Operation of all-terrain vehicles on Town roads during winter months (December 1 through April 15).
Winter all-terrain vehicles (ATV) use.
Purpose. The primary purpose of this section is to provide for a safe means for Town residents and visitors to use all-terrain vehicles to gain access between Lake Tomahawk Town boat landing on Town Bay Road to downtown businesses during winter months.
Authority. The Town Board of the Town of Lake Tomahawk, Oneida County, Wisconsin, has the specific authority to adopt this all-terrain vehicle ordinance under § 23.33(8) (b) and (11), Wis. Stats.
Designation of winter all-terrain vehicle routes.
The following are designated as winter all-terrain vehicle routes from December 1 through April 15:
Town Bay Road from boat landing to Choate Boulevard.
Choate Boulevard to Highway 47.
Lilly Street from Choate to Arbutus.
Rainbow from Lilly to old railroad right-of-way.
Designated access from Arbutus to old railroad right-of-way through Bearfoot Park.
Old railroad right-of-way from County Road D north to termination point.
The Town Board may, by resolution, designate any Town-owned highway as a temporary all-terrain vehicle route for a period not to exceed 10 days for the purpose of facilitating a special event. All such temporary routes shall be properly signed as required by the Wisconsin Administrative Code. Routes shall be marked with uniform all-terrain vehicle route signs in accordance with Section NR64.12(7), Wisconsin Administrative Code.
Conditions of use. To operate an all-terrain vehicle under § 350-5, a person must:
Be 16 years of age or older;
Possess an all-terrain vehicle safety certificate unless the operator was born on or before January 1, 1988;
Operate at a speed no faster than 10 miles per hour;
Operate single file only on the right side of the roadway, and absolutely not on shoulder or ditch;
No person shall operate an all-terrain vehicle with tire chains or studded tires on any Town road;
Operate with headlights on at all times;
No person may intentionally remove, damage, deface, move, or obstruct any uniform all-terrain vehicle route or trail sign or intentionally interfere with the effective operation of all uniform all-terrain route or trail signs, if the sign or standard is legally placed by the municipality or an authorized individual;
No person may possess any uniform all-terrain vehicle route or trail sign or standard of the type established by the Department of Natural Resources for the warning, instruction, or information for the public, unless he or she obtained the uniform all-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard creates a rebuttable presumption of illegal possession.
Cruising prohibited. No person shall, while operating an all-terrain vehicle, engage in the practice of cruising on any road authorized for winter all-terrain vehicle use under this section. Cruising is defined as running all or part of the length of a roadway more than one time per day for any purpose other than departing or arriving at their residence or place of lodging or departing or arriving at a public boat landing.
Signage. All signs required to be installed by the Town of Lake Tomahawk on any authorized all-terrain vehicle Town roads shall be installed by the Town at Town expense. Signs shall be installed November 30 and removed April 16, or as soon as possible.
Penalties and enforcement.
This section may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
Operation of all-terrain vehicles under this section shall be subject to all provisions of § 23.33 Wis. Stats., which is adopted as a part of this section by reference, pursuant to § 23.33(11) Wis. Stats.
A copy of this section shall be sent by the Town Clerk to the Oneida County Sheriff's Department.
Any person violating the provisions of this section shall be punished by a fine or forfeiture of not less than $100 nor more than $200 per violation, together with the costs of the action. Each time a violation occurs shall be considered a separate and distinct offense.
Prosecution. As a substitute for or in addition to forfeiture actions, the Town Attorney may, on behalf of the Town, seek enforcement of any and all parts of this section by court actions seeking injunction orders or restraining orders and/or pursuing nuisance actions against the violator.
Effective date and sunset. This section shall take effect upon publication. This section shall remain in effect until April 15, 2013, unless affirmatively reauthorized by the Town Board.
No person shall operate a motor vehicle in such a manner as to cause the tires to squeal, the motor to race excessively, the horn to blow unnecessarily, the radio to blare or in any other manner which would annoy or disturb other persons in the Town or endanger the public peace and safety.
No person, whether operating under a permit or otherwise, shall operate a vehicle in violation of special weight limitations imposed by the Town on particular highways, highway structures or portions of highways when signs have been erected as required by § 349.16(2), Wis. Stats., giving notice of such weight limitations, except when the vehicle is being operated under a permit expressly authorizing such weight limitations to be exceeded.
Whenever the operator of a vehicle is ordered by the officer or agency in charge of maintenance or by a traffic officer to suspend operation of such vehicle because of the damage such vehicle is causing or likely to cause to the highway or the public investment therein, he shall immediately comply with such order.
Generally. The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided, together with costs under § 345.27, Wis. Stats., including any future amendments, and costs, fees and surcharges imposed under Ch. 814, Wis. Stats., and pursuant to Chapter 19, Citations, of this Code, including any future amendments.
State forfeiture statutes. Any forfeiture for violation of any statute adopted in § 7.01 shall conform to the forfeiture permitted to be imposed for violation of the statutes adopted by reference, including any violations or increases for subsequent offenses.
Parking violations. The following schedule of forfeitures shall apply to the listed violations:
Enforcement procedure. This chapter shall be enforced according to § 66.0114, Ch. 799 and §§ 345.20 to 345.53, Wis. Stats.
Any person arrested for a violation of this chapter may make a deposit pursuant to the provisions of Chapter 19, Citations, of this Code. Proper notifications of procedures shall be made pursuant to that chapter as well.
The amount of the deposit shall be determined in accordance with the deposit schedule established by the Wisconsin Judicial Conference and shall include the costs, fees and surcharges imposed under Ch. 814, Wis. Stats., and pursuant to Chapter 19, Citations, of this Code. If a deposit schedule has not been established the arresting officer shall require the alleged offender to deposit the forfeiture established by the Chief of Police which shall include the costs, fees and surcharges imposed under Ch. 814, Wis. Stats., and pursuant to Chapter 19, Citations, of this Code. Deposits for nonmoving violations shall not include the penalty assessment.
The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by § 345.26(3)(b), Wis. Stats.
Stipulation of no contest. Any person charged with a violation of this chapter except §§ 346.62(1) and 346.63 (1), Wis. Stats., may make a stipulation of no contest pursuant to § 345.27, Wis. Stats., which shall be received at the police station or the office of the Clerk of Court within 10 days of the date of the alleged violation. Such person shall, at the time of entering into the stipulation, make the deposit required under Subsection B if he has not already done so. A person who has mailed or filed a stipulation under this subsection may, however, appear in court on the appearance date and may be relieved from the stipulation for cause shown as required in § 345.37, Wis. Stats.
The following roads shall have a speed limit of 30 mph: See attached Exhibit B.
The following roads shall have a speed limit of 35 mph: See attached Exhibit C.
In conformity with this section, it is hereby ordered that this section be published as a Class 1 notice under Ch. 985, Wis. Stats., or posted in at least three places in the Town likely to give notice to the public within 30 days after adoption of this section by the Town Board.