ORD2021-----Snowmobiles
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #______
AN ORDINANCE TO AMEND CHAPTER 302
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Snowmobiles)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 302 of the Municipal Code of the City of Muskego, is hereby
amended to read as follows:
Chapter 302: Snowmobiles
§ 302.1 State Snowmobiles 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 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. Any future
amendments, revisions or modifications of the Statutes incorporated herein by
reference are intended to be made part of this Chapter.
350.01 Definitions.
350.02 Operation of snowmobiles on or in the vicinity of highways.
350.03 Right-of-Way.
350.035 Meeting of snowmobiles.
350.04 Snowmobile races, derbies and routes.
350.045 Public utility exemption.
350.047 Local ordinances to be filed.
350.05 Operation by youthful operators restricted.
350.07 Driving animals.
350.08 Owner permitting operation.
350.09 Head lamps, tail lamps and brakes, etc.
350.095 Noise Level Requirements.
350.10 Miscellaneous provisions for snowmobile operation.
350.101 Intoxicated snowmobiling.
350.102 Preliminary breath screening test.
350.1025 Application of intoxicated snowmobiling law.
350.103 Implied consent.
350.104 Chemical tests.
350.106 Report arrest to department.
350.107 Officer’s action after arrest for operating a snowmobile while under the
influence of intoxicant.
350.11 Penalties.
350.12 Registration of snowmobiles.
350.125 Completion of application for registration by snowmobile dealers.
350.13 Uniform Trail Signs and Standards.
350.135 Interferences with uniform trail signs and standards prohibited.
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350.15 Accidents and accident reports.
350.155 Coroners and medical examiners to report; require blood specimen.
350.017 Enforcement.
350.19 Liability of landowners.
350.99 Parties to a violation.
§ 302-2. Applicability of Traffic Regulations to Snowmobiles.
No person shall operate a snowmobile upon any street, highway or alley within the City
of Onalaska in violation of the traffic regulation provisions of Secs. 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, 346.63, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1) and
346.94(1), and (9), Wis. Stats.
§ 302-3. Standards for Operation.
A. Operation Restrictions. Operation of snowmobiles on the designated snowmobile
route shall be subject to the following restrictions:
1. Stop/Yield. Each snowmobile shall stop at each street or highway to be crossed
and yield the right-of-way to all motor vehicles approaching on each such street
or highway.
2. Yielding right-of-way. Travel on rights-of-way of City streets and highways shall
be limited to those which are posted, and snowmobiles, at all times, yield the
right-of-way when crossing streets and highways to all vehicular traffic.
3. Street Operating Rules. When traveling on the roadways of streets and
highways, operators shall obey the following requirements:
a. Snowmobiles are to be operated on the extreme right side of the roadway.
b. Left turns shall be made as safely as possible from any position depending on
snow cover and other prevailing conditions.
c. Operators are to yield the right-of-way to other vehicular traffic and
pedestrians.
4. Speed. No person shall operate a snowmobile within the City or on any
designated snowmobile trail at a speed in excess of fifteen (15) miles per hour
and shall yield the right-of-way when traveling within one hundred (100) feet of a
person who is not on a snowmobile.
5. Hours of Operation Restricted. No person shall operate a snowmobile
anywhere within the City between the hours of 10:30 p.m. and 7:00 a.m.
6. Restriction on Equipment. No snowmobile or other vehicle operating on the
snowmobile route shall be allowed if it has an expansion chamber or any muffler
other than the type and size provided by the manufacturer. Each snowmobile
shall be equipped with proper operating headlamps, taillights and brakes and
other required equipment to conform to the requirements of Sec. 350.09, Wis.
Stats.
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7. Statutory Requirements. Operation of snowmobiles shall comply with such
other and further conditions as are opposed upon operators under Sec. 350.02,
Wis. Stats.
B. Unattended Vehicles. No person shall leave or allow a snowmobile owned or
operated by them to remain unattended on any public highway or public property
while the motor is running or with the starting key left in the ignition.
C. Operation on Sidewalks Prohibited. No person shall operate a snowmobile upon
any sidewalk or pedestrian way or upon the area between the sidewalk and the curb
line of any street in the City of Onalaska, except for the purpose of crossing to obtain
immediate access to an authorized area of operation or as permitted by this
Chapter.
D. Operation on Private Property. Except as permitted by this Code, it shall be
unlawful to operate any snowmobile or any other motor-drive craft or vehicle
principally manufactured for off-highway use on the City street, alleys, parks, parking
lots or on any public lands or private lands or parking lots held open to the public.
The operator shall at all times have the express consent of the owner before
operation of such craft or vehicle on private property not owned or controlled by
them.
E. 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 narcotic
drug.
F. Operation in Parks. No person shall drive a snowmobile in any park within the City
except upon snowmobile trails as may be designated by the Common Council.
G. Written Consent of Owner Required. The consent required under Sec. 350.10(f),
Wis. Stats. and in Subsection D. 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 (1) person, the consent of each owner must be obtained.
H. Age of Operators.
1. No person under the age of twelve (12) years may operate a snowmobile. No
person over the age of twelve (12) years but under the age of sixteen (16) years
may operate a snowmobile unless they hold a valid snowmobile safety certificate
or is accompanied by a person over eighteen (18) years of age or by a person
over fourteen (14) years of age having a snowmobile safety certificate issued by
the Department of Natural Resources.
2. No person shall operate any snowmobile upon any street, alley or other public
right-of-way in the City unless such person shall have a valid motor vehicle
operator's license or unless such operator is accompanied by a person who has
a valid motor vehicle operator's license and who is occupying a seat on the
vehicle.
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3. No owner or other person having charge or control of a snowmobile may
knowingly authorize or permit any person to operate the snowmobile if the
person is prohibited from operating a snowmobile under Wisconsin Statutes or
this Chapter, or if the person is incapable of operating a snowmobile because of
physical or mental disability, or if the person is under the influence of alcohol
beverages or controlled substances or a combination thereof or under the
influence of any other drug to a degree which renders them incapable of safely
operating a snowmobile.
4. No parent or guardian of any child shall authorize or knowingly permit such child
to operate a snowmobile if the child is prohibited from operating a snowmobile
under Wisconsin Statutes or this Chapter.
I. Pursuit of Animals. No operator shall violate Sec. 350.07, Wis. Stats. by driving or
pursuing any animal with a snowmobile.
J. Miscellaneous Regulations. No person shall operate a snowmobile in the following
manner:
1. At a rate of speed that is unreasonable or improper under the circumstances.
2. In any careless way as to endanger the person or property of another.
3. In such a way that the exhaust of the motor makes an excessive or unusual
noise.
4. Without a functioning muffler.
5. On the private property of another without the consent of the owner or lessee.
6. On the frozen surface of public waters within one hundred (100) feet of a person
not upon a vehicle or within one hundred (100) feet of a fishing shanty unless
operated at a speed of ten (10) miles per hour or less.
7. On a slide, ski or skating area except for the purposes of service the area,
crossing at places where marked or after stopping and yielding the right-of-way.
8. On or across a cemetery, school or church property without consent of the
owner.
K. Non-assumption of Liability. By enacting this Chapter designating a snowmobile
route through the City, portions of which may cross private properties or frozen
surfaces, the City is assuming no responsibility for any property damage or personal
injuries sustained by any persons as a result of operation of snowmobiles across
those properties.
§ 302-4. Accidents and Accident Reports.
A. If they can do so without serious danger to themselves or to persons on board, the
operator of a snowmobile involved in a snowmobile accident within the City shall
stop their snowmobile and shall render to other persons affected thereby such
assistance as may be practicable and necessary to save them from or minimize any
danger caused by the accident and shall give their name and address and
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identification of their snowmobile to any person injured and to the owner of any
property damaged in the accident.
B. If the snowmobile accident results in death or injury to any person or total property
damage in excess of Two Hundred Dollars ($200.00), every operator of a
snowmobile involved in such accident shall, as soon as possible, notify the Police
Department of the accident and shall, within ten (10) days after the accident, file a
written report thereof with the department on forms prescribed by it.
C. If the operator of a snowmobile is physically incapable of making the report required
by this Section and there was another occupant on the snowmobile at the time of the
accident capable of making the report, they shall make such report.
D. “Snowmobile accident” means a collision, accident or other casualty involving a
snowmobile.
§ 302-5. Snowmobile Routes and Trails Designated.
A. Routes Designated. Except as provided in Secs. 350.02 and 350.045, Wis. Stats.,
or for snowmobile events authorized in accordance with Sec. 350.04, Wis. Stats., or
as provided in Subsection B. no person shall operate a snowmobile upon any public
right-of-way, in any public park or on any other public municipal property in the City
except upon snowmobile routes and trails designated by the Common Council. The
designated routes to be used within the City limits shall be adopted by resolution by
the Common Council, a copy of which shall be on file with the City Clerk.
B. Trail Markers. The Chief of Police and/or City Engineer is directed and authorized to
procure, erect and maintain appropriate snowmobile route, trail and limit signs and
markers as approved by the State Department of Natural Resources under Sec.
350.13, Wis. Stats. The Chief of Police and/or City Engineer shall have the power to
declare the stated snowmobile routes and trails either open or closed.
C. Markers to be Obeyed. No person shall fail to obey any route or trail sign, marker
or limit erected in accordance with this Section.
§ 302-6. Enforcement.
A. Uniform Citation for Highway Violations. The uniform traffic citation promulgated
under Sec. 345.11, Wis. Stats., shall be used for violations of this Chapter relating to
highway use except as herein provided.
B. Other Violations. All violations of this Chapter not described in Subsections A. or B.
shall be enforced in accordance with Secs. 66.0114 and 66.0111 and Ch. 800, Wis.
Stats.
C. Police Department to Receive Stipulations and Penalties. Stipulations, fines,
penalties and payments for obtaining release from arrest authorized under this
Chapter may be accepted at the Police Department offices by the Chief of Police or
their designee.
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§ 302-7. Penalties.
Any person who shall violate any provision of this Chapter shall, upon conviction
thereof, pay a fine not more than Seven Hundred Fifty Dollars ($750.00), together with
the costs of prosecution, and, in default of payment thereof, may be imprisoned in the
county jail for not exceeding ten (10) days, provided no person shall pay a fine in an
amount in excess of the maximum fine allowed in the Wisconsin Statutes for the same
offense and further provided that the penalty and fine for parking violations on highways
shall be the amount applicable to such violations by owners or operators of motor
vehicles under Title 10, Chapter 1, of this Code of Ordinances.
SECTION 2: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS ____ DAY OF JANUARY 2021.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
ATTEST: First reading: January 26, 2021
Clerk-Treasurer
Ordinance Published:
1/21cmc
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