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
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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
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