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ORD2025.1499-Snowmobiles (w.red lines)COMMON COUNCIL — CITY OF MUSKEGO ORDINANCE #1499 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: Sections 1, 2 & 3 of Chapter 302 of the Municipal Code of the City of Muskego shall be hereby amended as follows: § 302. Snowmobiles and All -Terrain Vehirlec. § 302-1. Adoption of statuary provisions. Except as otherwise specifically provided in this chapter, the current and future statutory provisions of Ch. 350 and § 23.33, Wis. Stats., describing and defining regulations with respect to snowmobiles and all terrain vehiGles, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a term of imprisonment, are adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any current or future statute incorporated herein by reference is required or prohibited by this chapter. Any future additions, amendments, revisions or modifications of the current or future statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on highways, streets and alleys of the state. § 302-2. Hours of operations; parks and recreations facilities. No person shall operate a snowmobile or all terrain yehiGle anywhere within the City of Muskego between the hours of 2:00 a.m. and 6:00 a.m. After review and recommendation by the appropriate committee, the Common Council may amend said time if request is received for a special event that the Council has approved. (Note: Section 350.10, Wis. Stats., prohibits snowmobile operation between 10:30 p.m. and 7:00 a.m. within 150 feet of a dwelling in excess of 10 miles per hour.) Pursuant to § 259-2H(2), it is unlawful to use snowmobiles on park lands or recreation facilities except in those areas designated by the Public Works and Development Director or designee. Grooming operations of snowmobile trails shall not be subject to the restrictions of snowmobile operation and may occur at any time. § 302-3. Definitions. For purposes of this chapter, the following terms shall have the meanings indicated: ACCOMPANIED Is defined in § 350.05 Wis. Stats., respectively: "Accompanied" means being on the same snowmobile as the operator. Ordinance #1499 i► HIGHWAY See § 340.01(22), Wis. Stats. RESIDENTIAL ACCESS See § 350.01(10m), Wis. Stats. ROADWAY See § 340.01(54), Wis. Stats. SHOULDER That portion of the highway within 10 feet of the roadway on which vehicles may park in an emergency, consisting of gravel, pavement material, or grass, not designated or ordinarily used for vehicular travel. SNOWMOBILE TRAIL See § 350.01(17), Wis. Stats., including privately marked corridors designated for public use within the City of Muskego and frozen lake surfaces. SECTION 2: It is the intent of the Common Council that the provisions of this Chapter are 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 11th DAY OF FEBRUARY 2025. ATTEST: City Clerk CITY OF MUSKEGO Rick Petfalski, Mayor First Reading: January 28, 2025 Summary of Ordinance Published: , 2025 1 /25cmc