Chapter 10.45
SNOWMOBILES
Sections:
10.45.010 Snowmobile laws adopted.
10.45.020 Snowmobile routes designated.
10.45.030 Additional regulations.
10.45.040 Snowmobile renters licensed.
10.45.010 Snowmobile laws adopted.
Except as otherwise specifically provided in this chapter, the statutory provisions hereinafter designated, 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 |
Definitions |
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350.02 |
Operation of Snowmobiles on or in the Vicinity of a Highway |
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350.03 |
Right-of-Way |
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350.035 |
Meeting of Snowmobiles |
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350.04 |
Snowmobile Races, Derbies and Routes |
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350.045 |
Public Utility Exemptions |
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350.05 |
Operation by Youthful Operators Restricted |
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350.55 |
Safety Certification Program Established |
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350.07 |
Driving Animals |
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350.08 |
Owner Permitting Operation |
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350.09 |
Head Lamps, Tail Lamps and Brakes |
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350.095 |
Noise Level Requirements |
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350.10 |
Miscellaneous Provisions for Snowmobile Operation |
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350.101 |
Intoxicated Snowmobiling |
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350.102 |
Preliminary Breath Screening Test |
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350.1025 |
Application of Intoxicated Snowmobiling Law |
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350.103 |
Implied Consent |
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350.104 |
Chemical Tests |
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350.106 |
Report Arrest to Department |
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350.107 |
Officer’s Action After Arrest |
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350.108 |
Public Education Program |
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350.11 |
Penalties |
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350.115 |
Snowmobile Registration Restitution Surcharge |
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350.12 |
Registration of Snowmobiles |
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350.13 |
Uniform Trail Signs and Standards |
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350.135 |
Interference with Signs Prohibited |
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350.137 |
Uniform Snowmobile Rail Crossing Standard |
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350.138 |
Snowmobile Rail Crossings Requiring Permits |
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350.139 |
Established Snowmobile Rail Crossings |
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350.1395 |
Miscellaneous Snowmobile Rail Crossing Provisions |
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350.15 |
Accidents and Accident Reports |
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350.17 |
Enforcement |
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350.18 |
Local Ordinances |
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350.19 |
Liability of Landowners |
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350.99 |
Parties to a Violation |
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346.02(10) |
Applicability of Rules of Road to Snowmobiles |
The adoption of Wis. Stat. § 346.02(10) by reference is intended to and does include the rules of the road therein enumerated which are as follows: Wis. Stat. §§ 346.04, 346.06, 346.11, 346.14(1), 346.18 to 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46 to 346.48, 346.50(1)(b), 346.51 to 346.55, 346.87 to 346.91, 346.92(1) and 346.94(1)(6), (6m) and (9). (Ord. 2010-10 § 1. 2008 code § 6.11(1))
10.45.020 Snowmobile routes designated.
Except as provided in Wis. Stat. §§ 350.02 and 350.045, or for snowmobile events authorized in accordance with Wis. Stat. § 350.04, no persons shall operate a snowmobile upon any public municipal property in the Town of East Troy, Wisconsin, except in the manner and for the purpose hereinafter provided and except upon the following designated snowmobile routes:
1. All streets or portions thereof are designated snowmobile routes.
2. Sidewalks are not snowmobile routes. Sidewalks may be crossed when traveling from one authorized use location to another. All other operation of snowmobiles on sidewalks is prohibited.
3. No person shall operate a snowmobile on a snowmobile route within the Town of East Troy, Wisconsin, except to travel directly from one authorized use or storage area to another authorized use or storage area. (2008 code § 6.11(2))
10.45.030 Additional regulations.
1. Speed. No person shall operate a snowmobile upon any public highway or lake within the Town of East Troy, Wisconsin, at a speed in excess of 10 miles per hour between the hours of 10:30 p.m. and 7:00 a.m.
2. Unattended Snowmobiles. 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.
3. Operation on Sidewalks and Malls Prohibited. No person shall operate a snowmobile on any sidewalk, pedestrian way or mall within the Town except as specifically authorized by ETMC 10.45.020 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
4. Snowmobiles may be operated upon icebound lakes within the Town of East Troy during such times as the ice is of sufficient thickness to permit the safe operation thereon. With respect to snowmobiles so operated:
a. The weight of each snowmobile including passengers shall not exceed 1,000 pounds.
b. Snowmobiles operated at any time between sunset and sunrise must use an installed lighted headlamp.
c. A traffic lane is any area of ice at least 150 feet from the nearest shore land.
i. Vehicles entering a traffic lane shall yield to vehicles in a traffic lane.
ii. Vehicles outside a traffic lane shall not exceed five miles per hour. (2008 code § 6.11(3))
10.45.040 Snowmobile renters licensed.
1. No person shall engage in the business of renting snowmobiles to the public or of renting or leasing of snowmobiles to the public or of renting or leasing use of snowmobile track or other private property to the public for the operation of snowmobiles thereon in the Town of East Troy, Wisconsin, unless he has first obtained a license therefor as provided in this chapter.
2. Application for snowmobile renters’ licenses shall be filed with the Town Clerk and shall include the name of the owner of the premises on which such business will be conducted, the proposed period and hours of operation, the name of the person, firm or corporation which will conduct such business, the state registration numbers of any snowmobiles to be leased by such business and such other information as the Town Board shall require to consider such application. The application shall be accompanied by a fee of $15.00 to cover the cost of investigation and issuance of the license.
3. No license shall be issued unless approved by the governing body after public hearing. Notice of such hearing shall be given as a Class 1 notice under Wis. Stat. Ch. 985. The Town Board shall approve issuance of the license only if it determines that the public health, safety, and welfare will not be adversely affected thereby and that the following requirements are met:
a. The applicant must have on file with the Town Clerk proof of liability insurance in force covering the premises to be rented or offered for use to the public by the business with limits of $200,000/$500,000/$25,000 naming the Town of East Troy, Wisconsin, as an additional insured.
b. If snowmobiles are to be used on the licensed premises, such use must be restricted to areas located at least 100 feet from any dwellings not owned or occupied by the applicant.
c. Snowmobiles shall be operated on the premises only between the hours of 7:00 a.m. and 10:00 p.m.
d. The licensing period shall be for one year from September 1st to August 31st.
e. The Town Clerk shall issue a renewal license to any person, firm or corporation holding a valid license under this chapter upon payment of the annual license fee; provided, however, that any such applicant who has been convicted within the preceding 12 months of a violation of this chapter or any state statute regulating or restricting the use of snowmobiles or snowmobile renters shall not be entitled to a license renewal until approved by the Town Board after public hearing as required under subsection (3) of this section. (2008 code § 6.11(4))
10.45.050 Penalty.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, forfeit not more than $600.00 together with the cost of prosecution and in default of payment thereof may be imprisoned in the county jail for not exceeding 90 days; provided, 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 by owners or operators of motor vehicles under ETMC 10.80.040 is applicable. (2008 code § 6.11(5))
10.45.060 Enforcement.
1. Uniform Citation for Highway Violations. The uniform traffic citation promulgated under Wis. Stat. § 345.11 shall be used for violations of this chapter relating to highway use except as herein provided.
2. Parking Violations. The special traffic citations described and defined in ETMC 10.85.010 shall be used for enforcement of violation of rules of the road relating to parking of vehicles adopted by reference in ETMC 10.45.010.
3. Other Violations. All violations of this chapter not described in subsections (1) or (2) of this section shall be enforced in accordance with Wis. Stat. §§ 66.0114 and 66.0111 and Ch. 299. Stipulations of guilt or no contest may be made as provided in Wis. Stat. § 66.0114, in substantially the form provided in the uniform traffic citation within five days of the date of the citation for such violation. Bail deposits shall include a $2.00 clerk’s fee and costs of prosecution.
4. 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 Town Police Department offices by the Chief or officer designated by him. The officer authorized to accept penalties and deposits shall be bonded and such bond shall be filed with the Town Clerk.
5. Forfeited Penalties and Deposits. Except as otherwise provided in Wis. Stat. § 345.36, and the deposit schedule adopted by the State Board of County Judges thereunder, required forfeited penalties and deposits or bail not including costs of fees for violations of this chapter shall be as follows:
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Offense |
Deposit |
|---|---|
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ETMC 10.45.010 violations, except: |
$20.00 |
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Wis. Stat. § 350.07 Driving Animals |
$200.00 |
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Wis. Stat. § 350.08 Permitting operation of incompetent |
$100.00 |
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Wis. Stat. § 350.10(3) Operating snowmobile under the influence |
$100.00 |
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ETMC 10.45.020 violations |
$20.00 |
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ETMC 10.45.030 violations |
$20.00 |
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ETMC 10.45.030(2), unattended vehicles |
$10.00 |
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ETMC 10.45.040 violations, each day |
$100.00 |
(Ord. 2010-10 § 2. 2008 code § 6.11(6))