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23.33(5m)(a) (a) The department shall establish a program to provide funding to organizations that meet the eligibility requirements under par. (b).
23.33(5m)(b) (b) To be eligible for funding under this subsection, an organization shall meet all of the following requirements:
23.33(5m)(b)1. 1. The organization is a nonstock corporation organized in this state.
23.33(5m)(b)2. 2. The organization promotes the operation of all-terrain vehicles and utility terrain vehicles in a manner that is safe and responsible and that does not harm the environment.
23.33(5m)(b)3. 3. The organization promotes the operation of all-terrain vehicles and utility terrain vehicles in a manner that does not conflict with the laws, rules, and departmental policies that relate to the operation of all-terrain vehicles or utility terrain vehicles.
23.33(5m)(b)4. 4. The interest of the organization is the recreational operation of all-terrain vehicles and utility terrain vehicles on all-terrain vehicle trails and other interconnected areas.
23.33(5m)(b)5. 5. The organization has a board of directors that has a majority of members who are representatives of all-terrain vehicle or utility terrain vehicle clubs.
23.33(5m)(b)6. 6. The organization provides support to all-terrain vehicle and utility terrain vehicle clubs.
23.33(5m)(c) (c) An organization receiving funding under this subsection shall use the moneys to promote and provide support to the program established under sub. (5) by conducting activities that include all of the following:
23.33(5m)(c)1. 1. Collecting data on the recreational operation of all-terrain vehicles and utility terrain vehicles.
23.33(5m)(c)2. 2. Providing assistance to the department in locating, recruiting, and training instructors for the program established under sub. (5) (d).
23.33(5m)(c)3. 3. Attempting to increase participation by current and future all-terrain vehicle and utility terrain vehicle operators and owners in the program established under sub. (5) (d).
23.33(5m)(c)4. 4. Assisting the department of natural resources and the department of tourism in creating an outreach program to inform local communities of appropriate all-terrain vehicle and utility terrain vehicle use in their communities and of the economic benefits that may be gained from promoting tourism to attract all-terrain vehicle and utility terrain vehicle operators.
23.33(5m)(c)5. 5. Attempting to improve and maintain its relationship with the department of natural resources, the department of tourism, all-terrain vehicle and utility terrain vehicle dealers, all-terrain vehicle and utility terrain vehicle manufacturers, off-highway motorcycle clubs, as defined in s. 23.335 (1) (r), off-highway motorcycle alliances, other organizations that promote the recreational operation of off-highway motorcycles, snowmobile clubs, as defined in s. 350.138 (1) (e), snowmobile alliances, as defined in s. 350.138 (1) (d), and other organizations that promote the recreational operation of snowmobiles.
23.33(5m)(c)6. 6. Recruiting, assisting in the training of, and providing support to a corps of volunteers that will assist in providing instruction on the safe and responsible operation of all-terrain vehicles and utility terrain vehicles that is given in the field to all-terrain vehicle and utility terrain vehicle operators.
23.33(5m)(c)7. 7. Cooperating with the department to recruit, train, and manage volunteer trail patrol ambassadors in monitoring the recreational operation of all-terrain vehicles and utility terrain vehicles for safety issues and other issues that relate to the responsible operation of all-terrain vehicles and utility terrain vehicles.
23.33(5m)(d) (d) The department shall provide funding under this subsection from the appropriation under s. 20.370 (5) (cx).
23.33(5m)(e) (e) The department shall annually determine the amount necessary to provide funding under this subsection. The amount shall be the greater of $297,000 or the amount calculated by multiplying 80 cents by the number of all-terrain vehicles and utility terrain vehicles registered as of the last day of February of the previous fiscal year.
23.33(6) (6)Equipment requirements.
23.33(6)(a) (a) A person who operates an all-terrain vehicle or utility terrain vehicle during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the all-terrain vehicle or utility terrain vehicle.
23.33(6)(b) (b) The headlamp on an all-terrain vehicle or utility terrain vehicle is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle or utility terrain vehicle.
23.33(6)(c) (c) The tail lamp on an all-terrain vehicle or utility terrain vehicle is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.
23.33(6)(d) (d) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with at least one brake operated either by hand or by foot.
23.33(6)(e) (e) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. forest service. This paragraph does not apply to an all-terrain vehicle or utility terrain vehicle that is operated exclusively by means of an electric motor.
23.33(6)(f) (f) An all-terrain vehicle may not be modified so that its maximum width exceeds 50 inches.
23.33(6)(g) (g) An all-terrain vehicle may not be operated with tires other than low-pressure tires or non-pneumatic tires.
23.33(6)(h) (h) A person who operates an all-terrain vehicle or utility terrain vehicle with a snow removal device attached as authorized under s. 23.33 (4) (f) is required to display at least one or more flashing or rotating amber or yellow lights, and at least one of these lights shall be visible from every direction.
23.33(6)(i) (i) No person may operate a utility terrain vehicle unless each passenger is wearing a safety belt installed by the manufacturer and fastened in a manner prescribed by the manufacturer of the safety belt which permits the safety belt to act as a body restraint.
23.33(6m) (6m)Noise limits. No person may manufacture, sell, rent or operate an all-terrain vehicle or utility terrain vehicle that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.
23.33(6r) (6r)Passenger restrictions. No person may ride in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.
23.33(7) (7)Accidents.
23.33(7)(a) (a) If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain vehicle and utility terrain vehicle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and shall file a written report of the accident with the department on the form provided by it within 10 days after the accident.
23.33(7)(b) (b) If the operator of an all-terrain vehicle or utility terrain vehicle is physically incapable of making the report required by this subsection and there was another witness to the accident capable of making the report, the witness may make the report.
23.33(8) (8)Routes and trails.
23.33(8)(a) (a) Department authority. The department shall encourage and supervise a system of all-terrain vehicle routes and trails. The department may establish standards and procedures for certifying the designation of all-terrain vehicle routes and trails.
23.33(8)(b) (b) Routes.
23.33(8)(b)1.1. Subject to subd. 3., a town, village, city, or county may designate highways as all-terrain vehicle routes.
23.33(8)(b)2. 2. Subject to subd. 3., a town, village, city, or county may designate all highways under its jurisdiction as all-terrain vehicle routes.
23.33(8)(b)3. 3. No state trunk highway or connecting highway may be designated as an all-terrain vehicle route unless the department of transportation approves the designation.
23.33(8)(c) (c) Trails. A town, village, city, county or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.
23.33(8)(d) (d) Restrictions. The designating authority may specify effective periods for the use of all-terrain vehicle routes and trails and may restrict or prohibit the operation of an all-terrain vehicle or utility terrain vehicle during certain periods of the year.
23.33(8)(e) (e) Signs.
23.33(8)(e)1.1. The department, in cooperation with the department of transportation, shall establish uniform all-terrain vehicle route and trail signs and standards and uniform signs and standards for the operation of utility terrain vehicles on all-terrain vehicle routes and trails. The standards may not require that any additional signs be placed on all-terrain vehicle routes concerning the operation of all-terrain vehicles or utility terrain vehicles with snow removal devices attached.
23.33(8)(e)2. 2. Except as provided in subd. 3, if a town, village, city, or county designates specific highways under its jurisdiction as all-terrain vehicle routes under par. (b) 2., the town, village, city, or county shall do one of the following:
23.33(8)(e)2.a. a. Erect a sign at each point on a highway where the all-terrain vehicle route begins and at each point where the all-terrain vehicle route intersects an all-terrain vehicle trail or a highway that is not designated as an all-terrain vehicle route. The town, village, city, or county is not required to erect a sign under this subdivision at a point that is not more than one-half mile from a sign marking the same all-terrain vehicle route on the same highway.
23.33(8)(e)2.b. b. Erect a sign on each highway under its jurisdiction that crosses its territorial boundary in a position to be viewed by motorists as they enter the town, village, city, or county. The signs shall alert motorists that all highways within the town, village, city, or county have been designated as all-terrain vehicle routes, except where otherwise indicated. The town, village, city, or county shall erect signs as appropriate to indicate highways that are not designated as an all-terrain vehicle route.
23.33(8)(e)3. 3. If a town, village, city, or county designates all highways under its jurisdiction as all-terrain vehicle routes under par. (b) 2., the town, village, city, or county may erect a sign on each highway that crosses its territorial boundary in a position to be viewed by motorists as they enter the town, village, city, or county. The signs shall alert motorists that all highways under the jurisdiction of the town, village, city, or county have been designated as all-terrain vehicle routes.
23.33(8)(e)4. 4. If a town, village, city, or county designates all highways under its jurisdiction as all-terrain vehicle routes under par. (b) 2., the town, village, city, or county may erect a sign on each highway under its jurisdiction at the point where that highway crosses its territorial boundary and enters another town, village, city, or county that does not designate the highway as an all-terrain vehicle route. The signs shall be in a position to be viewed by motorists and all-terrain vehicle operators as they leave the town, village, city, or county and shall alert motorists and all-terrain vehicle operators that the all-terrain vehicle route designation has ended.
23.33(8)(e)5. 5. If a town, village, city or county designates highways under its jurisdiction as all-terrain vehicle routes under par. (b) 2., the town, village, city, or county may designate a preferred route and erect signs marking the route.
23.33(8)(e)6. 6. If a town, village, city, or county erects and maintains signs under subd. 3., the department may not require the town, village, city, or county to erect any additional signs marking the all-terrain vehicle routes within the town, village, city, or county.
23.33(8)(f) (f) Interference with signs and standards prohibited.
23.33(8)(f)1. 1. No person may intentionally remove, damage, deface, move, obstruct, or interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standard or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail if the sign or standard is legally placed by the state, any municipality or any authorized individual.
23.33(8)(f)2. 2. No person may possess any uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail, of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard or uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail creates a rebuttable presumption of illegal possession.
23.33(9) (9)Administration; enforcement; aids.
23.33(9)(a)(a) Enforcement. The department may utilize moneys received under sub. (2) for all-terrain vehicle and utility terrain vehicle registration aids administration and for the purposes specified under s. 20.370 (3) (as) and (5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.
23.33(9)(b) (b) All-terrain vehicle projects. Any of the following all-terrain vehicle projects are eligible for funding as a state all-terrain vehicle project from the appropriation account under s. 20.370 (1) (ms) or for aid as a nonstate all-terrain vehicle project from the appropriation accounts under s. 20.370 (5) (ct) and (cu):
23.33(9)(b)1. 1. Acquisition of an easement or land in fee simple.
23.33(9)(b)2. 2. Development of all-terrain vehicle facilities such as parking areas, riding areas, shelters, toilets or other improvements.
23.33(9)(b)3. 3. Development of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(b)4. 4. Development or maintenance of a snowmobile route or trail or an off-the-road motorcycle trail or facility if the route, trail or facility is open for use by all-terrain vehicles.
23.33(9)(b)5. 5. Maintenance of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(b)6. 6. Purchase of liability insurance.
23.33(9)(bb) (bb) Signs. In addition to the projects listed in par. (b), the department may provide aid from the appropriation under s. 20.370 (5) (ct) or (cu) to a town, village, city or county for up to 100 percent of the cost of placing signs developed under sub. (4z) (a) 2.
23.33(9)(bd) (bd) All-terrain and utility terrain vehicle projects; stewardship funding.
23.33(9)(bd)1.1. The department may obligate from the appropriation account under s. 20.866 (2) (ta) moneys for state projects and for aids to counties, cities, villages, or towns for nonstate projects. The projects may be any of the following:
23.33(9)(bd)1.a. a. Acquisitions of easements and land as specified in par. (b) 1.
23.33(9)(bd)1.b. b. Development of facilities, routes, and trails as specified in par. (b) 2. and 3.
23.33(9)(bd)1.c. c. Development of a snowmobile route or trail or an off-the-road motorcycle trail or facility if the route, trail or facility is open for use by all-terrain vehicles.
23.33(9)(bd)1.d. d. Improvement of all-terrain vehicle trails for use by utility terrain vehicles.
23.33(9)(bd)1.e. e. Placement of signs developed under sub. (4z) (a) 2.
23.33(9)(bd)2. 2. Moneys obligated from the appropriation account under s. 20.866 (2) (ta) for a project under subd. 1. shall be limited to no more than 80 percent of the cost of the project. The county, city, village, or town receiving the aid is responsible for the remainder of the project cost.
23.33(9)(bg) (bg) Projects for utility terrain vehicles. A project to improve or maintain all-terrain vehicle trails for use by utility terrain vehicles is eligible for funding as a state utility terrain vehicle project from the appropriation account under s. 20.370 (1) (mr) or for aid as a nonstate utility vehicle project from the appropriation accounts under s. 20.370 (5) (eu) and (gr). The maximum amount allowed for aid under this paragraph is $100 per mile for all-terrain vehicle trails that are maintained not less than 3 months per year including the months of June, July, and August. If the requests for aid for projects under this paragraph exceed the funds available, the department shall distribute available funds to qualified applicants on a proportional basis.
23.33(10) (10)Liability of landowners. Section 895.52 applies to this section.
23.33(11) (11)Local ordinances.
23.33(11)(a) (a) Counties, towns, cities and villages may enact ordinances regulating all-terrain vehicles and utility terrain vehicles on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by the county, city, town or village.
23.33(11)(am)1.1. Any county, town, city, or village may enact an ordinance that is in strict conformity with this section and rules promulgated by the department under this section if the ordinance encompasses all aspects encompassed by this section, except as provided in subds. 2., 3., and 4.
23.33(11)(am)2. 2. For a roadway, or for a portion of a roadway, that is located within the territorial boundaries of a city, village, or town, the city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles with snow removal devices attached on the roadway, or adjacent to the roadway, if the applicable roadway speed limit is greater than 45 miles per hour, and regardless of whether the city, village, or town has jurisdiction over the roadway.
23.33(11)(am)3. 3. A county, city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles on a highway bridge that is not part of the national system of interstate and defense highways, that is 1,000 feet in length or less, and that is located within the territorial boundaries of the county, city, village, or town regardless of whether the county, city, village, or town has jurisdiction over the highway. Any such ordinance shall require a person crossing a bridge to do all of the following:
23.33(11)(am)3.a. a. Cross the bridge in the most direct manner practicable and at a place where no obstruction prevents a quick and safe crossing.
23.33(11)(am)3.b. b. Stay as far to the right of the roadway or shoulder as practicable.
23.33(11)(am)3.c. c. Stop the vehicle prior to the crossing.
23.33(11)(am)3.d. d. Yield the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway or shoulder.
23.33(11)(am)3.e. e. Exit the highway as quickly and safely as practicable after crossing the bridge.
23.33(11)(am)4. 4. A city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles on a highway that is not part of the national system of interstate and defense highways, that has a speed limit of 35 miles per hour or less, and that is located within the territorial boundaries of the city, village, or town regardless of whether the city, village, or town has jurisdiction over the highway.
23.33(11)(b) (b) If a county, town, city, or village adopts an ordinance regulating all-terrain vehicles, utility terrain vehicles, or both, its clerk shall immediately send a copy of the ordinance to the department, to the state traffic patrol, and to the office of any law enforcement agency of each county, town, city, or village having jurisdiction over any of the highways to which the ordinance applies.
23.33(12) (12)Enforcement.
23.33(12)(a) (a) An officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), conservation warden appointed by the department under s. 23.10, county sheriff or municipal peace officer has authority and jurisdiction to enforce this section and ordinances enacted in accordance with this section.
23.33(12)(b) (b) No operator of an all-terrain vehicle or utility terrain vehicle may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in s. 939.22 (5).
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 18 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 1, 2019. Published and certified under s. 35.18. Changes effective after October 1, 2019, are designated by NOTES. (Published 10-1-19)