STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ All-Terrain Vehicle[and Utility Terrain Vehicle] Route Ordinance. The purpose of this ordinance is to establish all-terrain vehicle [and utility terrain vehicle] routes in the town and to regulate the operation of all-terrain vehicles [and utility terrain vehicles] in the town.
SECTION II – AUTHORITY
The Town Board of the Town of ________, ________ County, Wisconsin, has the specific authority to adopt this All-Terrain Vehicle [and Utility Terrain Vehicle] Ordinance under
s. 23.33 (8) (b) and
(11), Wis. stats.
SECTION III – ADOPTION OF ORDINANCE
This ordinance adopted on proper notice with a quorum and roll call vote by a majority of the town board present and voting, provides the authority for the town to designate all-terrain vehicle [and utility terrain vehicle] routes in the town and to regulate the use of those routes and all-terrain vehicles [and utility terrain vehicles] in the town, designates all-terrain vehicle [and utility terrain vehicle] routes in the town and provides for the regulation of the use of those routes and of all-terrain vehicles [and utility terrain vehicles] in the town.
SECTION IV – OPERATION OF ALL-TERRAIN VEHICLES [AND UTILITY TERRAIN VEHICLES]
Pursuant to
s. 23.33 (4) (d) 4., Wis. stats., except as otherwise provided in
s. 23.33 (4), Wis. stats., no person may operate an all-terrain vehicle [and utility terrain vehicle] on the roadway portion of any highway in the town except on roadways that are designated as all-terrain vehicle [and utility terrain vehicle] routes by this ordinance. Operation of all-terrain vehicles [and utility terrain vehicles] on a roadway in the town that is an all-terrain vehicle [and utility terrain vehicle] route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway that is safe given prevailing conditions.
SECTION V – DESIGNATION OF ALL-TERRAIN VEHICLE [AND UTILITY TERRAIN VEHICLE] ROUTES
A. 1. The following routes are designated all-terrain vehicle [and utility terrain vehicle] routes in the town:
[list road names and designate parts of roads and locations affected or attach a plat map to the ordinance with designated highways marked as all-terrain vehicle [and utility terrain vehicle] routes].
Or
2. All highways are designated all-terrain vehicle [and utility terrain vehicle] routes in the town, except the following:
[list road names and designate parts of roads and locations affected or attach a plat map to the ordinance with designated highways marked as exceptions to the designation of all highways as all-terrain vehicle [and utility terrain vehicle] routes].
B. The following corridors are designated as trails in the town :*
[describe affected parcels and designate corridors over the affected parcels and attach a plat map to the ordinance with designated corridors marked as off-highway motorcycle trails].
SECTION VI – CONDITIONS APPLICABLE TO ALL-TERRAIN VEHICLE [AND UTILITY TERRAIN VEHICLE] ROUTES
Pursuant to
s. 23.33 (8) (d), Wis. stats., the following restrictions are placed on the use of the town all-terrain vehicle [and utility terrain vehicle] routes designated by this resolution:
A.
Routes shall be marked with uniform all-terrain vehicle [and utility terrain vehicle] route signs in accordance with
s. 23.33 (8) (e), Wis. stats., and
s. NR 64.12 (7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking town all-terrain vehicle [and utility terrain vehicle] routes:
1. Intentionally remove, damage, deface, move, or obstruct any uniform all-terrain vehicle [and utility terrain vehicle] route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle [and utility terrain vehicle] route or trail sign or standards if the sign or standard is legally placed by the state, any municipality, or any authorized individual.
2. Possess any uniform all-terrain vehicle [and utility terrain vehicle] route or trail sign or standard of the type established by the department for the warning, instruction, or information of the public, unless he or she obtained the uniform all-terrain vehicle [and utility terrain vehicle] route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle [and utility terrain vehicle] route or trail sign or standard creates a rebuttable presumption of illegal possession.
B.
Operation shall be subject to all provisions of
s. 23.33, Wis. stats., which is adopted as a part of this ordinance by reference, pursuant to
s. 23.33 (11), Wis. stats.
C. A copy of this ordinance shall be sent by the town clerk to the Department of Natural Resources, the ________ County Sheriff's Department and any other law enforcement agency serving the Town of ________'s jurisdiction.
D. [List additional restrictions and applicable time periods, if any, for example:
All all-terrain vehicle [and utility terrain vehicle] operators shall observe posted roadway speed limits.
All all-terrain vehicle [and utility terrain vehicle] operators shall ride single file.
All all-terrain vehicle [and utility terrain vehicle] operators shall slow the vehicle to 10 mph or less when operating within 150 feet of a dwelling.]
SECTION VII - ENFORCEMENT
This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin [and additionally as stated in the Town's citation authority ordinance adopted per s.
66.0113]
SECTION VIII - PENALTIES
The penalties under
s. 23.33 (13), Wis. stats., are adopted by reference.
SECTION IX – 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 X – 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.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Information on all-terrain vehicles generally, including registration requirements and applications, can be accessed on the Department of Natural Resources website at the following address:
Note: Information regarding all-terrain vehicle routes, including suggested Route Ordinance formats can be accessed on the Department of Natural Resources website at the following address:
