[HISTORY: Adopted by the Town Board of the Town of Manitowish Waters as Ch. 7 of the 2001 Code. Amendments noted where applicable.]
Except as otherwise specifically provided in this chapter, the statutory provisions in Chs. 340 to 348, Wis. Stats., describing and defining regulations with respect to vehicles and traffic, inclusive of penalties except those which impose a fine or term of imprisonment, are hereby adopted by reference and made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any regulation incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutory regulations in Chs. 340 to 348 and 350 incorporated herein are intended to be made part of this chapter in order to secure, to the extent legally practicable, uniform statewide regulation of vehicle traffic on the highways, streets and alleys of Wisconsin.
All illegal parking on the streets and highways of the Town will be considered a violation of this section. "Illegal parking" shall be defined and include motor vehicle parking on the streets and highways of the Town in posted "No Parking" zones or beyond one hour continuously in posted "One-Hour Parking" zones.
No person shall park on any street or highway in the Town between November 1 and April 15 from the hours of 2:00 a.m. to 6:00 a.m. No semi or truck over one ton shall park on any parking lots in the Town. Truck parking will be permitted only in designated areas.
No person shall park any vehicle contrary to any posted restriction in the Town-designated parking lots.
State laws adopted. Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles and all-terrain vehicles 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.
Applicability of rules of the road to snowmobiles. The operator of a snowmobile upon a roadway shall, in addition to the provisions of Ch. 350, Wis. Stats., be subject to §§ 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, 346.5(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.
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.
Operation while under influence prohibited. Section 346.63, Wis. Stats., 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.
Operation on Town roads.
Intent. It is the intention of this Subsection F to protect the citizens and residents of the Town from abuse, lack of foresight or indiscretion on the part of individuals operating snowmobiles within the Town. It is not the intent of this Subsection F to penalize snowmobilers or to limit their enjoyment or freedom of movement.
Applicability and enforcement. The provisions of this Subsection F shall apply to all Town roads that have been designated and marked pursuant to orders of the Town Board for use by snowmobiles. A list of such roads has been filed with the Department of Natural Resources pursuant to § 350.047, Wis. Stats. The only road not to be used for snowmobiling in the Town shall be Tower Road.
Prohibition of snowmobiling on nondesignated roads. No person shall operate a snowmobile on Town roads that have not been designated and marked for snowmobiling by the Town. Town roads shall be used only to get to and from snowmobile trails.
Speed restrictions. No person shall operate a snowmobile on designated marked Town roads for snowmobiling at a speed in excess of 15 miles per hour or in an unsafe, unreasonable or improper manner.
Manner of traveling on designated roads.
No person shall operate a snowmobile on the left side of roads designated for use of snowmobiles. No person shall operate a snowmobile beside or abreast of another snowmobile at any time on a designated road.
All persons operating snowmobiles on a Town road at the same time shall travel only in single-file formation allowing appropriate, reasonable and prudent distances and speeds between snowmobiles ahead of them.
Snowmobiles shall yield to licensed motor vehicles and pedestrians. There shall be no passing of automobiles or snowmobiles on Town roads.
Who is responsible. The Town Constable shall cause to be procured, erected and maintained 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 Town Constable 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.
Weight restrictions of five tons will be placed on all Town roads with the exception of Tower Road which will be 10 tons each year. The Town Board will post signs accordingly during the spring breakup.
General. The penalty for violation of any provision of this chapter shall be a forfeiture as hereafter provided, together with court costs and fees prescribed by § 814.63(1) and (2) or 814.65(1), Wis. Stats., the penalty assessment for moving traffic violations and the driver improvement surcharge imposed by §§ 757.07 and 346.655, Wis. Stats., where applicable. Payment of the judgment and applicable court costs, fees, assessments and surcharges may be suspended by the sentencing court for not more than 60 days. Any person 18 years of age or older who shall fail to pay the amount of the forfeiture, court costs, penalty assessment, driver surcharge or other penalty imposed for violation of any provision of this chapter may, upon order of the court entering judgment and having jurisdiction of the case, be imprisoned until such forfeiture, costs and assessments are paid, but not exceeding 90 days.
Other sanctions. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes to suspend or revoke the operating privileges of the defendant, or of the defendant to submit to assessment and rehabilitation programs or to attend traffic safety school in addition to payment of the penalty.
Forfeitures for violation of moving traffic regulations. Forfeitures for violation of any moving traffic regulation set forth in the statutes adopted by reference in § 331-1 shall conform to the forfeiture penalty permitted to be imposed for violation of the comparable statute, including any variations or increases for subsequent offenses. This subsection shall not be construed to permit prosecution under this chapter for any offense described in Chs. 341 to 348, Wis. Stats., for which an imprisonment penalty or fine may be imposed upon the defendant.
Forfeitures for nonmoving traffic and parking violations.
Forfeitures for uniform statewide parking, stopping and standing offenses. Minimum and maximum forfeitures for violation of nonmoving traffic violations adopted by reference in § 331-1 as described in Chs. 341 to 348, Wis. Stats., shall be as provided for the comparable state nonmoving traffic violation.
Penalty for parking violations. The penalty for all parking violations as provided in this chapter shall be a forfeiture of not less $5 nor more than $20.
Reduced forfeiture for prompt payment. Parking forfeitures paid within two days of the issuance of the parking citation shall be charged 50% of the minimum provided in this section.
Other violations. Any person who shall violate any provision of this chapter for which a penalty is not otherwise established by this section shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Code.
This chapter shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this section.
Applicable court procedures. The traffic regulations in this chapter shall be enforced in the Circuit Court of Vilas County, Wisconsin, in accordance with the provisions of Chs. 345 and 800, Wis. Stats.
Uniform citation and complaint. The Wisconsin Uniform Traffic Citation and Complaint described and defined in the Wisconsin Statutes shall be used for enforcement of all provisions of this chapter, except those provisions which describe or define nonmoving traffic violations and violations of § 346.67, Wis. Stats. Violations of § 346.67, Wis. Stats., shall be reported to the District Attorney and the Wisconsin Traffic Citation shall not be used in such cases except upon written request of the District Attorney.
Parking citations. When approved by the Town Board, a citation shall be used for enforcement of nonmoving traffic regulations created or adopted by this chapter, including violations of nonmoving traffic regulations defined and described in the statutes adopted by reference in § 331-1 and all provisions of § 331-2 of this chapter. The citation for nonmoving traffic violations shall contain a notice that the person cited may discharge the forfeiture for violation of a nonmoving traffic regulation and penalty thereof by complying with Subsection C(2) of this section. Nonmoving citations shall be issued by the Town Constable.
Deposits and stipulations.
Moving traffic offenses.
Schedule of deposits. The schedule of cash deposits shall be as required in Subsection C(1)(e) of this section. Also in the cash deposit will be a current penalty assessment fee and court costs, if applicable. If a deposit schedule has not been established for a specific violation, the arresting officer shall require the alleged defender to deposit not less than the maximum forfeiture permitted under this chapter.
Depository. Deposits shall be made in cash, money order or certified check to the Clerk of Circuit Court for Vilas County who shall issue a receipt therefor as required by the Wisconsin Statutes. If the deposit is mailed, the signed statement required by Wisconsin Statutes shall be mailed with the deposit.
Who may make. Persons arrested or cited for violation of moving traffic offenses created by this chapter shall be permitted to make deposits and stipulations of no contest or be released by the arresting officer in accordance with the applicable provisions of the Wisconsin Statutes.
Delivery or mailing of deposit and stipulation. The deposit and stipulation shall be delivered personally by the person cited or mailed to the Clerk of Court.
Receipt required. The official or person receiving the deposit shall furnish and deliver or mail an original receipt for such deposit to the alleged violator and shall deliver the deposit and stipulation and a copy of the receipt within five days to the Clerk of Court. The amount of such deposit shall be the amount provided in the Uniform Deposit and Misdemeanor Bail Schedule for the Wisconsin Judicial Conference, including any variations or increases for subsequent offenses, which schedule is in effect in the Circuit Court of Vilas County.
Nonmoving traffic offenses.
Direct payment of penalty permitted. Persons cited for violation of nonmoving traffic offenses described and defined in this chapter may discharge the penalty and avoid court proceedings by forwarding, within 10 days of the issuance of the citation, to the Clerk of Court, the minimum penalty specified for the violation. If not so forwarded, the penalty may be discharged by forwarding within 20 days of the date of the citation to the Clerk of Court the amount of the forfeiture provided in this chapter.
Court prosecution. If the alleged violator does not deliver or mail a deposit as provided in this section within 20 days of the date of the citation, a copy of the citation shall be forwarded to the Clerk of Court with a copy thereof to the Town Attorney for prosecution.
Deposits returned to Clerk/Treasurer. Officers receiving deposits for nonmoving traffic violations under this subsection shall pay over such deposits to the Town Clerk/Treasurer seven days after receipt. Such payment shall be accompanied by an itemized statement for each deposit of the offense charged and the name of the depositor.