(a) Conditions of Operation. The following conditions of operation shall apply to all operators and passengers of all-terrain and utility terrain vehicles:
(1) Statutory Operations Regulations. Operation of all-terrain and utility terrain vehicles shall be subject to all provisions of Section 23.33, Wis. Stats., which is adopted above by reference as a part of this Section by Section 10-4-1(c) above, pursuant to Section 23.33(11), Wis. Stats. Specifically, no person may operate an all- terrain or utility terrain vehicle:
a. In any careless way so as to endanger the person or property of another.
b. On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for ATV/UTV use.
c. On public property that is posted as closed to ATV/UTV operation or on which the operation of an all-terrain or utility terrain vehicle is prohibited by law.
d. With any crossbow in his or her possession unless the crossbow is not cocked or is unloaded and enclosed in a carrying case.
e. With any bow in his or her possession unless the bow does not have an arrow nocked.
f. With any firearm in his or her possession unless the firearm is unloaded or is a handgun, as defined in Sec. 175.60(1)(bm), Wis. Stats. This limitation does not apply to a firearm that is placed or possessed on an all-terrain or utility terrain vehicle that is stationary, as defined in Sec. 167.3l(l)(fg), Wis. Stats.
g. With a passenger riding in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.
h. Unless he or she, and every occupant of the utility terrain vehicle, is seated on a seated on a seat that is original to the utility terrain vehicle as manufactured.
(2) Speed Limits.
a. All ATV/UTV operators shall observe the posted speed limit on the designated and posted roadway or the posted roadway speed limit, whichever is lower. Lower speed limits may be designated on certain portions of roadway routes as deemed appropriate and indicated on the routes resolution. This speed limit shall also apply while operating on private property.
b. ATV/UTV operators shall slow to 10 m.p.h. when within one hundred fifty (150) feet of a residence or business, including when operating on private property held open to public ATV/UTV use. This speed limitation does not apply to a person operating an ATV/UTV on a roadway that is designated as an all-terrain vehicle route.
c. ATV/UTV operators shall slow to 10 m.p.h., yield and exercise extreme caution on the frozen surface of public waters or on an ATV/UTV trail when within one hundred (100) feet of another person not operating a motor vehicle, all-terrain vehicle, utility terrain vehicle, or snowmobile, and shall observe all other requirements in Sec. 23.33, Wis. Stats. This restriction does not apply to operation of an ATV/UTV or when competing in a sanctioned derby or race.
d. ATV/UTV operators shall not exceed a speed of 10 m.p.h. when within one hundred (100) feet of a fishing shanty at a speed exceeding 10 m.p.h.
e. ATV/UTV operators shall not exceed a speed of 15 m.p.h. when the ATV/UTV is being operated on a roadway or adjacent to a roadway with a snow removal device attached, if the ATV/UTV is more than one hundred and fifty (150) feet from a dwelling.
f. ATV/UTV operators shall not exceed 5 m.p.h. when the ATV/UTV is being operated on a sidewalk or driveway with a snow removal device attached, regardless of proximity to a dwelling.
(3) Restrictions on Equipment. No all-terrain or utility terrain vehicle may be operated within the Village of Edgar unless it complies with all noise, registration, and other equipment standards as established in the Wisconsin Statutes, Wisconsin Administrative Code, or the Village of Edgar Code of Ordinances.
(4) Headlight/Taillights and Trailer Requirements. A person who operates an all-terrain 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 vehicle, as follows:
a. The headlamp is required to display a white light of sufficient illumination power to reveal any person, vehicle or substantial object at a distance of at least two hundred (200) feet ahead of the all-terrain or utility terrain vehicle. The headlight shall be properly adjusted so as to not interfere with the operation of other vehicles on the roadway.
b. Taillights shall be red in color and be observable during hours of darkness to a distance of five hundred (500) feet to the rear.
c. If a trailer is towed behind an all-terrain or utility terrain vehicle, the trailer shall conform with all lighting requirements applicable to an all-terrain or utility terrain vehicle.
(5) Noise Limits. No person may manufacture, rent, sell or operate an all-terrain 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 Wisconsin Department of Natural Resources.
(6) Operations Restrictions. If the Village Board does designate by resolution a street, alley, public right-of-way or public lands, or portion thereof, as an official designated route, all-terrain and utility terrain vehicles operating on Village of Edgar streets, roads, and other public property shall comply with the following:
a. All-terrain and utility terrain vehicles shall be operated on the extreme right side of the roadway and travel with the flow of traffic.
b. All-terrain and utility terrain vehicles shall be operated in single-file, with headlights and taillights in operation at all times.
c. All-terrain and utility terrain vehicle operators shall yield the right-of-way to all other vehicular traffic and pedestrians.
d. No racing-type all-terrain or utility terrain vehicles, all-terrain or utility terrain vehicle conversions, or converted drive trains will be allowed on Village roads or public ways.
(b) Operator Standards.
(1) General Standards. Operation of an all-terrain or utility terrain vehicle on a Village street, alley or public way by unlicensed or youth operators shall be governed by the restrictions of Section 23.33(5), Wis. Stats. No person who is not lawfully licensed, or under a current driver's license suspension, revocation or cancellation for any reason, may operate a all-terrain and utility terrain vehicle upon a public street or public way in the Village of Edgar.
(2) All-Terrain Vehicles - Age Restrictions.
a. Subject to Subsections (b)(2)b-e, no person under the age of twelve (12) years of age may operate an all-terrain vehicle unless any of the following criteria applies:
1. He or she is operating the ATV for an agricultural purpose and he/she is under the supervision of a person over eighteen (I 8) years of age. "Supervision" does not require that the person under twelve (12) years of age be subject to continuous direction or control by the person over eighteen (18) years of age.
2. He or she is operating a small all-terrain vehicle on an all-terrain vehicle trail designated by the Wisconsin Department of Natural Resources and he or she is accompanied by his or her parent or guardian or by a person who is a minimum of eighteen (18) years of age who is designated by the parent or guardian.
b. No person who is under twelve (12) years of age may operate an all-terrain vehicle that is an implement of husbandry on a roadway under any circumstances.
c. No person who is under twelve (12) years of age may operate an all-terrain vehicle on a roadway under the authorization provided under Sec. 23.33(4)(d)6, Wis. Stats., under any circumstances.
d. No person who is under sixteen (16) years of age may operate an all-terrain vehicle under the authority provided under Sec. 23.33(4)(d)4 or 7, Wis. Stats., unless the person is accompanied by his or her parent or guardian or by a person who is at least eighteen (18) years of age who is designated by the parent or guardian.
e. No person who is under sixteen (16) years of age may operate an all-terrain vehicle under the authorization provided under Sec. 23.33(4)(f), Wis. Stats., under any circumstances.
f. No person who is under twelve (12) years of age may rent or lease an all-terrain vehicle.
(3) Utility Terrain Vehicles - Age Restrictions.
a. No person under sixteen (16) years of age may operate, rent, or lease a utility terrain vehicle unless any of the following apply:
1. He or she is operating the UTV for an agricultural for an agricultural purpose and he or she is under the supervision of a person over eighteen (18) years of age. "Supervision" does not require that the person under sixteen (16) years of age be subject to continuous direction and control by the person over eighteen (18) years of age.
2. He or she is at least twelve (12) years of age, is operating a small utility terrain vehicle on an all-terrain vehicle trail designated by the Wisconsin Department of Natural Resources and he or she is accompanied by his or her parent or guardian or by a person who is at least eighteen (18) years of age who is designated by the parent or guardian.
b. Except as provided in Sec. 23.33(4)(d)l, 2, and 3a, Wis. Stats., no person who is under sixteen (16) years of age may operate a utility terrain vehicle on a roadway.
(4) Safety Certification Requirements.
a. No person who is at least twelve (12) years of age and who was born on or after January 1, 1988, may operate an all-terrain or utility terrain vehicle unless he or she holds a valid safety certificate issued by the Wisconsin Department of Natural Resources, another state, or a province of Canada.
b. Any person who is required to hold an all-terrain or utility terrain vehicle safety certificate while operating an ATV or UTV shall carry proof that the person holds a valid safety certificate and shall display this proof to a law enforcement officer upon request. Persons enrolled in a safety certification program approved by the Wisconsin Department of Natural Resources may operate an all-terrain or utility terrain vehicle in an area designated by the instructor.
c. Notwithstanding the safety certificate requirements under this Subsection, a person is not required to hold a safety certificate if all of the following apply:
1. The person operates an all-terrain or utility terrain vehicle at an all-terrain or utility terrain vehicle demonstration event.
2. The event under Subsection (b)(4)c.1 above is sponsored by an all-terrain or utility terrain dealer, an all-terrain or utility terrain vehicle club, the State of Wisconsin, a city, a village, a town, or a county.
3. If the person is under eighteen (18) years of age, the person is accompanied by his or her parent or guardian or is accompanied by a person over eighteen (18) years of age who is designated by the parent or guardian.
4. Notwithstanding Subsection (d)(2), the person wears protective headgear of the type required under Sec. 347.485(1), Wis. Stats.
5. The person operates the all-terrain or utility terrain vehicle in a closed course area in the manner prescribed by the event sponsor.
(5) Age Restrictions Exceptions.
a. Subsections (b)(2)-(4) above do not apply to a person who operates an all-terrain or utility terrain vehicle exclusively on land that is either of the following:
1. Land under the management and control of the person's immediate family.
2. Land, other than land described in Subsection (b)(5)a.1 above, on which operation is authorized.
b. A person who operates an all-terrain or utility terrain vehicle on land on which operation is authorized qualifies for the exception under Subsection (b)(5)a.2 above only if the person is under twelve (12) years of age and operates the all- terrain or utility terrain vehicle when accompanied by his or her parent or guardian or by a person who is at least eighteen (18) years of age who is designated by the parent or guardian.
(c) Use of Headgear.
(1) General Requirement. No person may operate or be a passenger on an ATV/UTV without wearing protective headgear of the type required by Sec. 347.485(1)(a), Wis. Stats., and with the chin strap properly fastened.
(2) Exceptions to Headgear Requirements. Protective headgear required under Subsection (d)(l) above need not be worn if:
a. The person is a minimum of eighteen (18) years of age.
b. The person is traveling for the purposes of hunting or fishing and is a minimum of twelve (12) years of age.
c. The all-terrain or utility terrain vehicle is being operated for an agricultural purpose.
d. The all-terrain or utility terrain vehicle is being operated by a person on land under the management and control of the person's immediate family.
(d) Insurance. Every ATV/UTV operator shall have in force liability insurance with minimum coverage in the amount required by the Wisconsin Statutes for automobiles when operating on a public right-of-way, route or trail.
(e) Hours of Operation. Hours for operating an ATV/UTV in the Village of Edgar shall be between 5:00 am and midnight.
(f) Storage Restrictions. No more than three (3) all-terrain or utility terrain vehicles may be parked outside of a building or garage on a residential property for more than twenty- four (24) hours.
(g) Enforcement. This Chapter shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
(h) Penalties. Wisconsin State All-Terrain and Utility Terrain Vehicle penalties as found in Sec. 23.33(13)(a), Wis. Stats., are adopted and incorporated herein by reference.
(i) Required Notifications. The Village shall submit a copy of this Chapter upon adoption to the Wisconsin Department of Natural Resources, Wisconsin State Patrol, and the County Sheriff's Department of Marathon County, as required by law.