[HISTORY: Adopted by the Common Council of the City of Oconto Falls 11-13-2001
by Ord. No. 01-012 (Ch. 31). Amendments noted where applicable.]
This chapter is adopted by the City of Oconto Falls for the purpose
of authorizing residential access to snowmobile routes lying within the corporate
limits of the City.
As used in this chapter, the following terms shall have the meanings
indicated:
All public ways and thoroughfares and bridges on the same. It includes
the entire width between the boundary lines of every way open to the use of
the public as a matter of right for the purposes of vehicular travel. It includes
those roads or driveways in the state, county or municipal parks and in state
forests which have been opened to the use of the public for the purpose of
vehicular travel and roads or driveways upon the grounds of public schools,
as defined in § 115.01(1), Wis. Stats., and institutions under the
jurisdiction of the County Board of Supervisors, but does not include private
roads or driveways.
Every way or place in private ownership and used for vehicular travel
only by the owner and those having express or implied permission from the
owner and every road or driveway upon the grounds of public institutions other
than public schools, as defined in § 115.01(1), Wis. Stats., and
institutions under the jurisdiction of the County Board of Supervisors.
For the purpose of traveling for the shortest distance that is necessary
for a person operating the snowmobile to go between a residence and the snowmobile
route or snowmobile trail that is closest to that residence.
That portion of a highway between the regularly established curblines
or that portion which is improved, designed or ordinarily used for vehicular
travel, excluding the berm or shoulder. In a divided highway the term "roadway"
refers to each roadway separately but not to all such roadways collectively.
This chapter is adopted under the authority of § 31.02, Wis.
Stats.
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.
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350.01
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Definitions
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350.02
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Operations of snowmobiles in the vicinity of highways
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350.03
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Right-of-way
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350.04
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Snowmobile races, derbies, and routes
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350.045
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Public utility exemption
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350.05
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Operation by youthful operators restricted
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350.07
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Driving animals
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350-08
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Owner permitting operation
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350.09
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Head lamps, tail lamps, brakes
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350-10
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Miscellaneous provisions for snowmobile operation
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350.101
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Intoxicated snowmobiling
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350.102
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Preliminary breath screening test
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350.1025
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Application of intoxicated snowmobiling law
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350-103
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Implied consent
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350.104(1)
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Chemical tests
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350-104(5)
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Refusal
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350-12
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Registration of snowmobiles
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350.13
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Uniform trail signs and standards
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350.135
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Interference with uniform trail signs and standards
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350.15
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Accidents and accidents reports
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350.17
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Enforcement
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350.19
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Liability of landowners
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167.31
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Firearms and bows
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346.02(10)
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Applicability of rules of the road to snowmobiles
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§§ 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)
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A.
Prohibited operation.
(1)
No person shall operate a snowmobile on public property
contrary to the provisions of this chapter nor on private property without
the permission of the owner or lessee of such property.
(2)
No person shall operate a snowmobile on any roadway within
the City of Oconto Falls unless such roadway is a designated snowmobile route
or a marked snowmobile trail without first applying for, paying the registration
fee and obtaining a municipal resident registration, on forms provided by
the City.
(3)
No municipal resident registration for residential access
under this chapter shall be issued to any person who is not a resident of
the City of Oconto Falls.
(4)
No person shall operate a snowmobile on any sidewalk
in the City of Oconto Falls; provided, however, that it shall not be a violation
of this provision for a person to drive a snowmobile across a sidewalk for
the purpose of traveling the shortest possible distance from his residence
to a public roadway and back.
B.
Permitted operation.
(1)
Recreation areas. Operation of snowmobiles on marked
trails is authorized in the following public parks and recreational areas:
Cambell's Pond, East Side Beach Park, Upper Dam Boat Landing, and West Side
Park.
C.
Designated snowmobile routes. The following are designated
snowmobile routes:
(1)
The north/south alley between Maple Street and Oakland
Street extending from Sheridan Avenue on the south and the termination point
of the alley approximately 180 feet north of Sherman Street.
(2)
Sheridan Street between South Oakland Street and Golden
Corners Road.
(3)
Hank Marks Drive from its westerly terminus to Munsert
Avenue.
(4)
Munsert extended between its intersection with Hank Marks
Drive and Quincy Street.
(5)
Quincy Street between Chestnut Avenue and Linden Avenue.
(6)
Market Street between Quincy Street and North Main Street.
(7)
River Street between its northerly terminus and Caldwell
Avenue.
(8)
Caldwell Avenue between River Street and North Main Street.
A.
Seasonal effective date.
(1)
Snowmobiles shall only be permitted to be operated within the corporate limits of the City of Oconto Falls on the roadways, snowmobile routes, trails, and recreation areas noted in § 404-5 annually from the 15th day of November to the first day of April.
(2)
The Chief of Police of the City of Oconto Falls is empowered
to change the seasonal effective dates for the operation of snowmobiles within
the corporate limits of the City when weather conditions require such a change.
B.
Required operation. This chapter designates the roadways,
snowmobile routes, trails, and recreation areas on which snowmobile travel
is permitted subject to the following conditions:
(1)
Snowmobiles shall be operated on the extreme right side
of the roadway and travel with the flow of traffic.
(2)
Snowmobiles are to be operated only in single file.
(3)
Snowmobiles are to be operated with headlights on at
all times.
(4)
Snowmobile operators shall yield the right-of-way to
other vehicular traffic and pedestrians.
(5)
No person shall leave or allow a snowmobile to remain
unattended on any public highway or public property while the motor is running
or with the starting key in the ignition.
(6)
No snowmobile shall be operated on any public roadway
at speeds in excess of 10 miles per hour.
C.
Excessive noise.
(1)
It shall be unlawful for any person to operate a snowmobile
within the corporate limits of the City of Oconto Falls with its noise suppression
features and/or muffler removed or altered to permit the emission of greater
levels of noise than intended by the manufacturer. Participants in sanctioned
events such as races or derbies are exempt from this section while operating
the snowmobile within the designated grounds of such sanctioned race or derby,
provided that such noise emissions do not occur between the hours of 10:00
p.m. and 7:00 a.m. local time.
(2)
It shall be unlawful for any person to intentionally
race a snowmobile engine in such a manner that will result in unnecessary
noise or spin a snowmobile track in such a manner as may cause bodily injury,
property damage or possible injury to the street surface or vegetative cover
of a public recreation area.
A.
Law enforcement officers. This chapter shall be enforced
by any law enforcement officer of the City of Oconto Falls, Oconto County,
Wisconsin.
B.
Uniform citation for highway violations. The uniform
traffic citation promulgated under § 345.11, Wis. Stats., shall
be used for violation of this chapter.
A.
Penalties for failure to comply with this chapter shall
be as contained within the State of Wisconsin Uniform State Traffic Deposit
Schedule in effect at the time of violation.
B.
Any registered resident convicted of a violation of this
chapter may have his registration revoked for the balance of the registration
term.
