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RLO19960228RULES, LAWS & ORDINANCE COMMITTEE - CITY OF MUSREGO MINUTES OF MEETING HELD WEDNESDAY, FEBRUARY 28, 1996 • The meeting was called to order at 7:15 P.M. by Chairman Sanders. Also present were Committee Member Rasmussen, Chief John Johnson and those per the attached list. Committee Member D'Acquisto was excused. The Committee noted that the meeting was posted on 2/23/96 in accordance with the Open Meeting Law. The Committee reviewed minutes of previous meeting and Chairman Sanders noted that the minutes indicated that the Snowmobile Club was going to put together a proposal for this meeting. The Committee further discussed Snowmobile Ordinance. Chief Johnson reviewed with the Committee his memorandum of January 30, 1996, regarding snowmobile enforcement on Little Muskego Lake the weekend of January 27, 1996, which resulted in three citations being issued for after hours operation as well as the department being involved in two high speed pursuits involving 5 to 8 machines, after hours. The department stopped the pursuit due to the danger and the operators were never located. Mr. David Taube appeared before the Committee with information on some model ordinances for snowmobiling. Ald. Sanders read portions of the proposal. Dave Pliss explained the reason for the ten feet definition of shoulder. He indicated that the DNR wanted • the snowmobiles more than ten feet on County highways. Bob Heiser also covered this information. He indicated that the intent is only to provide access to trails and not to use roads for other travel. Dave Taube indicated that this would alleviate travel on driveways which has been a complaint in the past. Chairman Sanders questioned the need for both point (1) and (3) if it is a 25 mph speed limit in a subdivision without curbs and gutters and whether it should be on the roadway. Ald. Rasmussen also questioned the inclusion of the shoulder in point (3) of the proposal. Dave Taube expressed concern about safety if forced to stay on the road. If a machine does not have carbide tips, steering could be difficult. Dave Pliss was also concerned about the safety. Chairman Sanders then referenced point (4) and questioned traveling at the same speed as the posted speed of the roadway. Chief Johnson had no problem with the snowmobile operation on the side of the roads where speed limits are 25 mph or less. He is concerned about roads posted over 25 mph and roads such as Janesville Road and Racine Avenue where there are curbs and gutters. Peter Jungbluth discussed problems with property damage with snowmobiles off the road. He had damage to rain gutters, well caps and other things. He asked that concern for property be included in consideration of this ordinance. • Chief Johnson also voiced concern about traveling Woods Road, Durham Drive and similar roads. There would not be enough room if two snowmobiles were on Woods Road and you had two-way car traffic. He indicated that we can not compromise public safety for the sake of snowmobiling. RULES, LAWS & ORDINANCE COMMITTEE - PAGE 2 February 28, 1996 • Heinz Rehfeldt presented a map of trails that serve the City. He suggested that this would help to keep traffic off of Woods Road. He also indicated that the WEPCO right-of-way would also improve this information. Chairman Sanders requested a copy of the recently enacted snowmobile ordinance for the Town of Merton be secured for the Committee. Bob Stelltar voiced concerns about ten foot limit. The result would be on edge of road with a berm of snow or in the yard of the property owners. Jerry Pronschinske indicated that he thought that roads such as Racine Avenue would be a minimal problem and he supported the use of the WEPCO right-of-ways. Chief Johnson indicated that the item should be included on Parks & Recreation Board agenda for discussion. Dave Taube was concerned that the Snowmobile Club would be sent from Committee to Committee. Cheryl Flies was concerned about the noise level and speeds late at night on the lakes. She thought that these same concerns would occur on the WEPCO right-of-way. She indicated that the police should have sound meters to enforce sound limits. Dave Taube stated that there should not be a problem of enforcement if the officer is properly trained. Bob Heiser indicated that this is a problem even in the summer. Ald. Rasmussen asked about sound enforcement. Chief Johnson indicated that he plans to implement this enforcement this Summer. • Chairman Sanders thanked the Snowmobile Club for their work on the model ordinance. Ald. Rasmussen asked about signage and what would be required. It does not appear that signage would be required because snowmobiles would operate at posted speed. Mr. Taube provided a copy of correspondence concerning interpretation of the term "shoulder" received from the DNR, dated February 26, 1996, attached. The Committee determined that this issue will be further discussed at the March meeting and the Committee, as well as Chief Johnson, will review and have comments on the proposed amendment submitted by the Icetronauts Snowmobile Club. Chairman Sanders moved to defer further discussion on Burning Ordinance. Seconded by Ald. Rasmussen, motion carried 2-0. Chairman Sanders moved to adjourn at 8:30 P.M. Seconded by Ald. Rasmussen, motion carried 2-0. Respectfully submitted, ca • Ald. Robert L. Rasmussen Secretary =_Z9 W+v Grd9I PIISTP.RT Irp1 SOS o=.^=' __ ..T-=. �.02,'02 u WISCONSIN ��— DEPT. OF NATURAL RESOURCES February 26, 1996 Mr David Tauba State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES Tammy G. Thompson, Governor George E. Meyer, Secretary S75 W18687 Kingston Dr Muskego, WI 53150 SUBJECT, Interpretation of the term "Shoulder" Dear Mr Taube. PO Box 7921 101 South ".'ebster Street 109aison.'Nlscans,n 53707-7921 TELEPHONE 808-266-2521 FAX 608.267 3579 TOO 608-267-6a97 In a recent telephone conversation, you inquired as to how -he Depa. trne:,t interprets -.he term "shoulder" in s.s. 350.02 (2)(,a)6, and 35G.i8(3;(a!, S;ats. That prevision indicates that in certain c`rcumstances, snvwn)obileb can be operated o,) a portico of the roadway or shoulder of a highway. It is perhaps easiest to start with what the term shoulder does not meen. First, roadvVev is defined ir. s. 340.01(54), Stats., -o mean -hat perticr of the .`ichr. ay wrrch is ordinanly desioned for vehicular travel. It specifically excludes the shot der. Hig:-.way refers -o me • entire road right of way. Clearly then, the shoulder is not the travelled Gorgon cf the highway and does no: include the entire right of way. Unfort: nately, the term is not defined in either the motor vehicle coee or ch. 350. Stars. -,et being -he rasa, one resorts to -he common meanine as found in the dictionary. `.Vebsters Third Nevi International Dictionary defines shoulder to mean simply the edge of the rcadkvay. 1- :s also defined -o include the part of the roadway outside of the traveled way cn ,which ve-.icles may be parked :n an emergency. These are the interoretations that -,:e Derartment wiii use in implementing ss. 350.02(2)(a)6 and 350.18131(a), Stars. in practice it .viii of -en mear.:he traveled area along the roadway. One caution is necessary I -.ere. ':^/bile the Department is responsible for the en'oreement of ch. 35C, S-at<_. we do -,c: -ave exc:us:ve juriscict;on :n tnls'area. Other municipalities also have a right to enforce ss. 350.02( •(ai6 and 350.18 3)(a), Stats., and may have their own interpretetiers. Accordicoly, untii a court issues a ruling on the meaning of -he term shoulder, differro nfer;:reta-ions may be possible. However, I am of the view t^at cur interpre-atic- is a reasonacle or,e and i- cer-ainly the one the Department will follow. If you have any further questions, feel free to contact me SincerelyF Michael A. Lutz Attorney at Law B.:reau of Legal Services iJA-:kk v:19604\lc9shicr.rnal • cc: Gary Hcmuth - LE,r5 Quality Natural Resources Manaoe,^7er,r, Through Excellent Customer Service • SIGN -IN SHEET FOR CITY MEETINGS PLEASE PRINT YOUR NAME AND AGENDA ITEM BELOW. THANK YOU. Meetina: OC/,lLP L I L) 5 -�' 00 �_ Date: NAME: ITEM rr it ek vv // Way(