(a) Purpose. The purpose of this Chapter is to address the matter of all-terrain and utility terrain vehicle routes on Village streets, alleys and public lands and to regulate the related operation of all-terrain and utility terrain vehicles in the Village of Edgar. The provisions of this Chapter shall apply to all roadways and public property in the Village of Edgar within the jurisdiction of the Village Board as authorized by state law.
(b) Statutory Authority. The Village Board of the Village of Edgar has the specific authority to adopt this Chapter pursuant to Sec. 23.33(8)(b) and (II), Wis. Stats.
(c) Adoption of Statutory Provisions. The provisions describing and defining regulations with respect to all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) in the following-enumerated Subsections of Sec. 23.33, Wis. Stats., and any future amendments or revisions, are hereby adopted by reference and made part of this Section as if fully set forth herein. The statutory sections adopted by reference herein shall be designated as part of this Code of Ordinances by adding the prefix "10-4-1-" to each statute section number. Any acts required to be performed by the following Statutory Subsections or which are pro- hibited by such Statutory Subsections are required to be performed by this Section or are prohibited by this Section:
23.33(1) Definitions
23.33(lm) Utility Terrain Vehicle Program Registration
23.33(2) Non-Resident Trail Passes
23.33(2j) All-Terrain Vehicles and Utility Terrain Vehicles
23.33(2k) Weekend Exemption
23.33(2m) Rental of All-Terrain Vehicles and Utility Terrain Vehicles
23.33(3) Rules of Operation
23.33(3c) Firearms
23.33(3g) Use of Headgear
23.33(4) Operation On or Near highway
23.33(4c) through 23.33(4z) Intoxicated Operation of an All-Terrain Vehicle or Utility Terrain Vehicle and Related Laws
23.33(5) Age Restrictions
23.33(6) Equipment Requirements
23.33(6m) Noise Limits
23.33(7) Accidents
23.33(8)(f) Interference With Signs and Standards Prohibited
23.33(12)(b) Refusal to Stop for Law Enforcement Officer
23.33(13) Penalties [subsections (a) - (b)l and (b)4, (bg), (e), and (f)]
(d) Definitions. The following definitions shall be applicable in this Chapter, in addition to those definitions in Sec. 23.33(1), Wis. Stats.:
(1) All-Terrain Vehicle (ATV). An engine-driven device which has a net weight of nine hundred (900) pounds or less, which is originally manufactured with a width of fifty
(50) inches or less, which is equipped with a seat designated to be straddled by the operator and which is designed by the manufacturer to travel on three (3) or more low-pressure tires. [Sec. 340.01(2g), Wis. Stats.]
(2) Immediate Family. Persons who are related as spouses, as siblings, or as parent and child.
(3) Land On Which Operation is Authorized. Land under the management and control of a person who consents to the operation of an all-terrain or utility terrain vehicle on the land.
(4) Land Under the Management and Control of the Person's Immediate Family. Land owned or leased by the person or a member of the person's immediate family over which the owner or lessee has management and control. The term excludes land owned or leased by an organization of which the person or a member of the person's immediate family is a member.
(5) Mini-Bike. Any motorized two-wheel vehicle used primarily for off-road use, including, but not limited to, motorcycles, off-road motorized trail bicycles.
(6) Self-Propelled Vehicles. Any motorized vehicle primarily used for off-road use, including, but not limited to, go-carts, all-terrain and utility terrain vehicles, and other non-registered vehicles per Chapter 341, Wis. Stats., but not including snowmobiles.
(7) Small Utility Terrain Vehicle. A utility terrain vehicle that has four (4) wheels and that has either an engine certified by the manufacturer at not more than two hundred (200) cubic centimeters or an equivalent power unit.
(8) Snow Removal Device. An attachment designed and installed for the purpose of removing snow, such as a plow blade, blower, bucket or brush.
(9) Utility Terrain Vehicle (UTV). Means any of the following:
a. A motor driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, mini- truck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:
1. A net weight of less than two thousand (2,000) pounds.
2. Four (4) or more low-pressure tires.
3. A cargo box installed by the manufacturer.
4. A steering wheel.
5. A tail light.
6. A brake light.
7. Two (2) headlights.
8. A width of not more than sixty-five (65) inches.
9. Seats for at least two (2) occupants, all of which seating is designed not to be straddled.
10. A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
11. A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.
b. A motor driven device that has a net weight of more than nine hundred (900) pounds, that is originally manufactured with a width of fifty (50) inches or less, that is equipped with a seat designed to be straddled by the operator, and that is designed by the manufacturer to travel on three (3) or more low-pressure tires. [See Sec. 23.33(ng), Wis. Stats.]
(a) Operation of All-Terrain and Utility Terrain Vehicles.
(1) Operation on Designated Routes; Prohibitions; Municipal Vehicles Exception.
a. Pursuant to Sec. on 23.33(4)(d)4, Wis. Stats., except as otherwise provided in Sec. 23.33(4), Wis. Stats., no person may operate an all-terrain or utility terrain vehicle on the roadway portion of any highway, street, alley, public right-of-way, park, cemetery, or on any other public property in the Village of Edgar except on roadways, right-of-ways and trails which are designated as all-terrain and utility terrain vehicle routes by this Section. Unless authorized by the Village Board, no ATV/UTV shall be operated on any walking, bicycle, equestrian or other special use trail or path.
b. No person shall operate an all-terrain or utility terrain vehicle upon private property without the owner's express permission except upon routes and trails designated by the Village Board as all-terrain or utility terrain vehicle routes/trails.
c. Municipal or other governmental all-terrain or utility terrain vehicles used for governmental purposes are authorized to operate on streets and rights-of-ways.
d. As part of a designated route system, the Village Board may designate limited access for the sole purpose of access to main designated routes or places of lodging.
e. No person may operate an all-terrain or utility terrain vehicle in any of the following public areas of the Village of Edgar unless part of a Village-designated trail or route or specific authorization is first obtained from the Village Board; Village-owned property need not be posted regarding this prohibition:
1. Any Village of Edgar parks.
2. Any Village of Edgar cemeteries.
3. Any property owned or leased by the Village of Edgar.
f. It shall be the responsibility of all-terrain and utility terrain vehicle operators to know whether they are operating on public or private property.
(2) Permissible Operation on Designated Roadways. Operation of all-terrain or utility terrain vehicles on a roadway in the Village of Edgar that is an all-terrain 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. On paved roadways all-terrain and utility terrain vehicles must be operated on the paved portion of the roadway and not on the gravel shoulder, except when necessary to avoid other vehicles.
(b) Designation of All-Terrain and Utility Terrain Vehicle Roadway Routes. The Village of Edgar Village Board designates as authorized all-terrain and utility terrain vehicle routes all Village streets and alleys. The Village may also designate by resolution non-street ATV/UTV routes.
(c) Designated Routes Signage/Markers.
(1) Erection of Route Markers/Signage. The Village of Edgar Public Works Department shall be responsible for procuring, erecting and maintaining appropriate route, trail and/or speed limit signs and markers consistent with this Chapter and as required by the Wisconsin Statutes, Wisconsin Administrative Code and Wisconsin Department of Transportation and Wisconsin Department of Natural Resources standards. Specific state standards to be complied with include, but are not limited to, NR 64.12 generally and specifically NR 64.12(7)(c), Wis. Adm. Code. The Village may require the assistance of all-terrain/utility terrain vehicle organizations in satisfying this requirement.
(2) Trail Status/Closure. The Village Administrator and/or Chief of Police shall have the authority to declare all-terrain and/or utility terrain vehicle routes and trails open or closed. Such openings and closings information shall be posted as authorized by the Village of Edgar.
(3) Signs and Markers to be Obeyed. No person shall fail to obey any route or trail sign, marker or speed limit or other control device erected in accordance with this Section or traffic sign or signal under the authority of the Wisconsin Statutes.
(d) Conditions Applicable to All-Terrain and Utility Terrain Vehicle Roadway Routes. Pursuant to Section 23.33(8)(d), Wis. Stats., the following restrictions are placed on the use of the Village of Edgar all-terrain and utility terrain vehicle roadway routes designated in Subsection (b) above:
(1) Violations Involving Signage. All-terrain and utility terrain vehicle roadway routes shall be marked with uniform ATV/UTV signs as prescribed in NR 64.12(7), Wis. Adm. Code, and which conform to regulations of this Chapter and of the Wisconsin Department of Natural Resources (WisDNR) and Wisconsin Department of Transportation (WisDOT). No person shall do any of the following in regard to signs marking Village of Edgar all-terrain and utility vehicle routes:
a. Intentionally remove, damage, deface, move, or obstruct any uniform ATV/UTV route or trail sign or standard, or intentionally interfere with the effective operation of any uniform ATV/UTV route or trail sign or standard if the sign or standard is legally placed by the State of Wisconsin, any local government or any authorized individual or organization.
b. Possess any uniform all-terrain or utility terrain vehicle route or trail sign or standard of the type established by the Wisconsin Department of Natural Resources for the warning, instruction or information of the public, unless he/she obtained the uniform all-terrain or utility terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform ATV/UTV route or trail sign or standard is prohibited. Possession of a uniform ATV/UTV route or trail sign or standard creates a rebuttable presumption of illegal possession.
(2) Route Use Regulations. In addition to the requirements of this Section and applicable provisions of the Wisconsin Statutes adopted by reference, operators utilizing a designated trail shall comply with the requirements of Section 10-4-3.
(e) Snow Removal Exception. For the sole purpose of snow removal, an all-terrain or utility terrain vehicle, with a snow removal device attached, may be operated during the period starting November 1 and ending on April 30 on a public route, street, sidewalk, or alley that is not a designated route, or adjacent to a roadway or public sidewalk, when all of the following provisions are complied with:
(1) The operator is actively engaged in snow removal activity on the property, or is enroute to or from the property, and not exceeding 5 m.p.h while on the sidewalk, street, or alley. The travel necessary to or from the snow removal site shall not exceed two (2) miles.
(2) The operator shall follow the shortest and most direct route to the property at which snow removal activities will be conducted.
(3) The operator of the all-terrain or utility terrain vehicle is sixteen (16) years of age or older and has a valid driver's license.
(4) The ATV's/UTV's headlights are on at all times and not obstructed by the attached snow removal device, and the unit is using an operating flashing or oscillating amber light.
(5) The operator of the all-terrain or utility terrain vehicle yields the right of way to any pedestrian, bicyclist or motor vehicle approaching on a street, sidewalk, or alley.
(6) The manner of snow removal is consistent with Village ordinances.
(f) Rules of the Road. Except as otherwise provided in Section 23.33, Wis. Stats., and herein, all-terrain vehicles and utility terrain vehicles shall follow the State of Wisconsin rules of the road that are applicable to automobiles.
(g) Yield to Traffic and Pedestrians. All all-terrain and utility terrain vehicles shall yield to all vehicular traffic and pedestrian movement.
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