STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Off-highway Motorcycle Ordinance. The purpose of this ordinance is to establish off-highway motorcycle routes and trails in the town and to regulate the operation of off-highway motorcycles in the town.
SECTION II – AUTHORITY
The Town Board of the Town of ________, ________ County, Wisconsin, has the specific authority to adopt this Off-highway Motorcycle Ordinance under
s. 23.335 (19) (b) and
(c) and
(21), 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 designates off-highway motorcycle routes and trails in the town and provides for the regulation of the use of those routes and trails and of off-highway motorcycles in the town.
SECTION IV - 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 V – DEFINITIONS
In this ordinance:
A. “Limited use off-highway motorcycle" means an off-highway motorcycle that is not registered by the Department of Transportation for use on highways.
B. “Off-highway motorcycle" means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway.
C. “Off-highway motorcycle route" means a highway or sidewalk designated for recreational use by operators of off-highway motorcycles by the town.
D. “Off-highway motorcycle trail" means a marked corridor on public property or on private lands subject to public easement or lease, designated for recreational use by operators of off-highway motorcycles by the town.
E. “Operate" means to exercise physical control over the speed or direction of an off-highway motorcycle or to physically manipulate or activate any of the controls of an off-highway motorcycle necessary to put it in motion.
F. “Operation" means the exercise of physical control over the speed or direction of an off-highway motorcycle or the physical manipulation or activation of any of the controls of an off-highway motorcycle necessary to put it in motion.
G. “Operator" means a person who operates an off-highway motorcycle, who is responsible for the operation of an off-highway motorcycle, or who is supervising the operation of an off-highway motorcycle.
H. Except in subsection C, “route” means an off-highway motorcycle route.
I. Except in subsection D, “trail” means an off-highway motorcycle trail.
SECTION VI - OPERATION OF LIMITED USE OFF-HIGHWAY MOTORCYCLES ON TOWN HIGHWAYS
Pursuant to
s. 23.335 (10) (a) 4., Wis. stats., except as otherwise provided in
s. 23.335 (10), Wis. stats., no person may operate a limited use off-highway motorcycle on the roadway portion of any highway in the town except a highway that is designated as a route in subsection VII A. Operation of a limited use off-highway motorcycle on a highway in the town that is a designated 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 VII – DESIGNATION OF ROUTES AND TRAILS
A. The following highways in the town are designated as routes:*
[list road names and designate parts of roads and locations affected and attach a plat map to the ordinance with designated highways marked as off-highway motorcycle 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 VIII – CONDITIONS APPLICABLE TO ROUTES AND TRAILS
Pursuant to
s. 23.335 (19) (d), Wis. stats., the following restrictions are placed on the use of the routes and trails designated in Section VII:
A.
Routes and trails shall be marked with uniform route and trail signs in accordance with
s. 23.335 (19) (e), Wis. stats. No person may do any of the following in regard to signs marking routes or trails:
1. Intentionally remove, damage, deface, move, or obstruct any uniform route or trail sign or standard or intentionally interfere with the effective operation of any uniform 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 route or trail sign or standard of the type established by the Department of Natural Resources for the warning, instruction, or information of the public, unless he or she obtained the uniform route or trail sign or standard in a lawful manner. Possession of a uniform route or trail sign or standard creates a rebuttable presumption of illegal possession.
B.
Operation shall be subject to all provisions of
s. 23.335, Wis. stats.
C. [List additional restrictions and applicable time periods, if any, for example:
All off-highway motorcycle operators shall observe posted roadway speed limits.
All off-highway motorcycle operators shall ride single file.
All off-highway motorcycle operators shall slow the vehicle to 10 mph or less when operating within 150 feet of a dwelling.]
SECTION IX - INCORPORATION OF STATE STATUTE BY REFERENCE
Section. 23.335, Wis. stats., is adopted as a part of this ordinance by reference, pursuant to
s. 23.335 (21), Wis. stats. A copy of this ordinance shall be sent by the town clerk to the Department of Natural Resources, the State Traffic patrol, the ________ County Sheriff's Department and any other law enforcement agency serving the Town of ________'s jurisdiction.
SECTION X - 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 XI - PENALTIES
The penalties under
s. 23.335 (23), Wis. stats., are adopted by reference. Violators of Section VIII C, or any other provision of this ordinance for which a penalty is not provided under
s. 23.335 (23), Wis. stats., shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation.
SECTION XII – 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 XIII – 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]
23.335 (19) (b) Trails. A local governmental unit or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements, or permission, for recreational use as off-highway motorcycle trails. A designation may include all or a portion of an all-terrain vehicle trail.
(c) Routes. A local governmental unit may designate highways as off-highway motorcycle routes. No state trunk highway or connecting highway may be designated as an off-highway motorcycle route unless the department of transportation approves the designation.
