§ 7.11. SNOWMOBILES AND ALL-TERRAIN VEHICLES. (Am. Ord. #29-96; Am. Ord. #43-98)
(1)
STATE SNOWMOBILE LAWS ADOPTED. 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 a 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:
350.01 Definitions 350.02 Operation of Snowmobiles On or In the Vicinity of a Highway 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 350.10 Miscellaneous Provisions for Snowmobile Operation 350.12 Registration of Snowmobiles 350.13 Uniform Trail Signs and Standards 350.15 Accident and Accident Reports 350.17 Enforcement 350.18 Local Ordinances 350.19 Liability of Land Owners (2)
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, 346.50(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), (6), (6m) and (9), Wis. Stats.
(3)
OPERATION OF SNOWMOBILES AND ALL-TERRAIN VEHICLES IN VILLAGE RESTRICTED. (Am. Ord. #45-91; Am. Ord. #26-04; Am. Ord. #11-07)
(a)
It shall be unlawful to operate any snowmobile as defined in §340.01(58a), Wis. Stats., all-terrain vehicle as defined in §340.01(2g), Wis. Stats., or any other motor-driven craft or vehicle principally manufactured for off-highway use, and/or not of a class or type capable of being licensed for operation on a highway, on the village streets, alleys, parks, parking lots, or on any public lands or private lands or parking lots held open to the public, except for snowmobiles operating on snowmobile trails or all-terrain vehicles operating on all-terrain vehicle trails approved by resolution of the Village Board. The operator shall at all times have the consent of the owner before operation of such craft or vehicle on private lands.
(b)
This section shall not apply to the operation of snowmobiles, all-terrain vehicles or other motor-driven craft or vehicles by sworn law enforcement officers, fire fighters, rescue and ambulance personnel acting within the scope of their official duties.
(4)
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 or all-terrain vehicle who is not permitted under State law to operate such snowmobile or all-terrain vehicle, or who is under the influence of an intoxicant or a dangerous or narcotic drug.
(5)
OPERATION OF A SNOWMOBILE WHILE UNDER INFLUENCE PROHIBITED. Section 346.63, Wis. Stats., shall apply to the operation of a snowmobile any place within the Village.
(6)
WRITTEN CONSENT OF OWNER REQUIRED. (Am. Ord. #26-04) The consent required under §350.10(1)(f), (k), (l) and (m), Wis. Stats., and in subsection (3) 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.
(7)
STATE ALL-TERRAIN LAWS ADOPTED. (Cr. Ord. #29-96)
(a)
General . Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to all-terrain vehicles in the following enumerated sections of the Wisconsin Statutes are hereby adopted by reference and made a 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:
23.33(1) Definitions 23.33(2) Registration 23.33(3) Rules of Operation 23.33(3g) Use of Headgear 23.33(4) Operation on or Near Highway 23.33(4c) Intoxicated Operation of All-Terrain Vehicle 23.33(4g) Preliminary Breath Screening Test 23.33(4j) Applicability of the Intoxicated Operation of an All-Terrain Vehicle Law 23.33(4l) Implied Consent 23.33(4p) Chemical Tests 23.33(4t) Report Arrest to Department of Natural Resources 23.33(4x) Officers Actions After Arrest for Operating an All-Terrain Vehicle While Under the Influence of an Intoxicant 23.33(5) Age Restrictions; Safety Certificate Program 23.33(6) Equipment Requirements 23.33(7) Accidents 23.33(11) Local Ordinances 23.33(12) Enforcement (b)
Penalty .
1.
Except as provided in subparagraph 3., below, any person who violates this subsection shall forfeit not more than $250.00.
2.
Except as provided in subparagraph 3., below, any person who violates §23.33(4c)(a)1. or 2., Wis. Stats., shall be subject to a forfeiture not less than $150.00 nor more than $300.00.
3.
A person who violates §23.33(4c)(a)3. or (4p)(e), Wis. Stats., and who has not attained the age of 19 shall forfeit not more than $50.00.