This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin.
SECTION VII – PENALTIES
The penalties under s. 350.11, Wis. stats., are adopted and incorporated by reference.
SECTION VIII – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION IX – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly publish this ordinance as required under s. 60.80, Wis. stats., and mail a copy to the State of Wisconsin Department of Natural Resources and to the _____________________ [all law enforcement agencies exercising jurisdiction in the town], as required under s. 350.047, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Information on snowmobiles generally, including registration requirements and applications, can be accessed on the Department of Natural Resources website:
The following statutes affect this form: s. 350.18, Wis. stats.
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Snowmobile Access Ordinance. The purpose of this ordinance is to authorize persons to travel by snowmobile on highways within the town from [residences or lodging establishments select one or both] within the town to the nearest snowmobile route or trail and to prescribe penalties for violations.
SECTION II – AUTHORITY
The town board has the specific authority to adopt this Snowmobile Route Ordinance under s. 350.18, Wis. stats. [and if applicable, and general authority under its village powers under s. 60.22, Wis. stats.]
SECTION III – SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION IV – AUTHORIZATION AND CONDITIONS
A.   In this section “highways within the town” means [select one all highways within the town, [select one except/including state and county highways or all of the following designated highways [and parts of highways if applicable] in the town:
1.   specifically list and describe highways here]
C.   Residents of the town and their guests and registered guests of lodging establishments in the town are authorized to operate snowmobiles on highways within the town that are not not designated as snowmobile routes for the sole purpose of accessing the snowmobile route or snowmobile trail nearest the resident’s residence or registered guest’s place of lodging by way of the shortest available route from the residence or lodging establishment to the nearest snowmobile route or trail.
C.   A person operating a snowmobile on highways within the town as authorized in subsection B may operate the snowmobile [select one upon the roadway and shoulder of the highway or only upon the shoulder of the highway].
D.   A person operating a snowmobile on highways within the town as authorized in subsection B shall do all of the following [as applicable]:
1.   Observe speed limits applicable to the travelled highway.
2.   Operate the snowmobile on the extreme right side of the roadway and travel with the flow of traffic.
3.   Not operate the snowmobile abreast of another snowmobile or other vehicle travelling in the same direction except when being overtaken and passed by another vehicle. When riding with more than one snowmobiler, the snowmobiles shall be operated in single file and passing is not permitted.
4.   Operate the snowmobile’s headlight and taillight at all times.
5.   Any other conditions.
E.   Except as provided in this section, no person may operate a snowmobile on highways within this town, except as provided in ch. 350, Wis. stats., which is adopted and incorporated by reference.*
SECTION V – ENFORCEMENT
This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin.
SECTION VI – PENALTIES
The penalties under s. 350.11, Wis. stats., are adopted and incorporated by reference.
SECTION VII – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION VIII – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly publish this ordinance as required under s. 60.80, Wis. stats., and mail a copy to the State of Wisconsin Department of Natural Resources and to the _____________________ [all law enforcement agencies exercising jurisdiction in the town], as required under s. 350.047, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: This form is complementary to 350.18: Snowmobile routes ordinance and towns may wish to adapt both, or Section IV of this form may be adapted for inclusion as part of a snowmobile routes ordinance.
Waterways
The following statutes affect this form: s. 30.103, Wis. stats.
STATE OF WISCONSIN
Town of ________
________ County
The Sanitary District Commission for the ________ Sanitary District, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
The high water mark of Lake ________, a lake that lies wholly within the ________ Sanitary District, is identified as being that high water mark level described as follows:
[establish high water mark].
Dated this ______ day of ________, 20__.
[Signatures of town sanitary district members]
[Attest: Town sanitary district clerk]
The following statutes affect this form: s. 30.123, Wis. stats.
Note: No person may construct or maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable waters without obtaining a permit from the Department of Natural Resources. For more information, see the DNR website at the following address:
The following statutes affect this form: s. 30.13 (5m), Wis. stats.
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
Pursuant to the findings of the town board, stated below, ________ ________, the owner of a wharf or pier, shall remove or have removed the wharf or pier described below by ________ ___, 20__. If the wharf or pier is not timely removed by the owner, the town board orders ________ ________, [a town officer or agent of the town], to remove or have removed the wharf or pier.
[Include either Alternative 1 or 2, as applicable.]
[Alternative 1] The town board finds that the pier or wharf located at ______________ [insert location including name of waterway, if any] constitutes an unlawful obstruction of navigable water in the Town of ________. The wharf or pier shall be timely removed as follows:
[state method of removal].
[Alternative 2] The town board finds that the pier or wharf located at ______________ [insert location including name of waterway, if any] is so old, dilapidated, or in need of repair that it constitutes a public nuisance. The town board finds that repair of the wharf or pier is presumed unreasonable and the wharf or pier is presumed to be a public nuisance under s. 30.13 (5m) (a) 2., Wis. stats. The wharf or pier should be removed as follows:
[state method of removal].
The town clerk shall properly post or publish this resolution as required under s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Under s. 30.13 (5m) (a) 2., Wis. stats., the town board must determine the cost of repair prior to utilizing Alternative 2. In relevant part, s. 30.13 (5m) (a) 2., Wis. stats., states:
30.13 (5m) (a) 2. If the governing body of a city, village or town or a designated officer determines that the cost of repair is likely to exceed 50% of the equalized assessed value of the wharf or pier or, if the wharf or pier is not subject to assessment, if the cost of repair is likely to exceed 50% of the current fair market value, then repair is presumed unreasonable and the wharf or pier is presumed to be a public nuisance.
Note: The removal order must be served on the owner or person responsible in the manner provided for service of summons or by posting if the owner or responsible agent cannot be served.
The following statutes affect this form: s. 30.16 (1), Wis. stats.
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
Pursuant to s. 30.16 (1), Wis. stats., ________ ________, a town officer, shall give reasonable written notice to the owner or master, or an agent of the owner or master, of a watercraft or float described as ______________ [describe watercraft or float as specifically as possible] that is obstructing the free navigation of ______________ [insert location including name of waterway, if any] to remove the obstruction from the waterway by ________, 20__.
If the above-described watercraft or float is not removed by the owner or master, or the agent of the owner or master, by ________ ___, 20__, then ________ ________, acting as a town officer, shall act to have the obstruction removed for the Town of ________ and upon the removal of the watercraft or float from ________ [insert location including name of waterway, if any] shall, relative to the watercraft or float, take the following additional actions:
[list and detail actions to be taken].
Upon publication of this resolution, the Town Board of the Town of ________ shall obtain a first lien on the watercraft or float described above for all costs, charges, and expenses incurred by the town in the removal of the watercraft or float described above. The attorney for the Town of ________ is authorized to commence a personal action for the town against the owner of the watercraft or float for all costs, charges, or expenses incurred by the town in removing the obstruction above.
The town clerk shall properly post or publish this resolution as required under s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
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