A. Intent And Purpose: The intent and purpose of this section is to establish all-terrain vehicle routes in the City and to regulate the operation of all-terrain vehicles thereon. Any reference to all-terrain vehicles in this section shall also mean to include utility terrain vehicles.
B. Operation Of All-Terrain Vehicles: Pursuant to section 23.33(4)(d)4, Wisconsin Statutes, except as otherwise provided in section 23.33(4), Wisconsin Statutes, no person may operate an all-terrain vehicle on the roadway portion of any street in the City except on streets that are designated as all-terrain vehicle routes by this section. Operation of all-terrain vehicles on a street in the City that is an all-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 vehicles must be operated on the paved portion of the roadway and not on the gravel shoulder.
C. Designation Of All-Terrain Vehicle Routes: The following portions of streets only are designated as all-terrain vehicle routes in the City:
Midway Road from westerly City limits (intersection of 410th Street and 550th Avenue) to four hundred feet (400') easterly;
410th Street (also known as Midway Road) from 550th Avenue northerly to State Highway 29;
Heller Road from City limits to U.S. Highway 12;
U.S. Highway 12 from Heller Road north to the City limits;
Oak Avenue from U.S. Highway 12 east to Wilson Street;
Wilson Street from Oak Avenue north to U.S. Highway 25;
Cedar Falls Road from Wilson Street east to City limits;
Bongey Drive (also known as 440th Street) from 461st Avenue northerly to 28th Avenue;
28th Avenue from Bongey Drive east to Fryklund Drive;
Fryklund Drive from 28th Avenue to 24th Avenue;
24th Avenue from Fryklund Drive to 2nd Street East;
2nd Street East from 24th Avenue to 23rd Avenue;
23rd Avenue from 2nd Street East to South Broadway;
3M Drive from County Highway B to Stokke Parkway;
NE 59th Street from 708th Avenue south to 650th Avenue/Eagle Point Road;
650th Avenue/Eagle Point Road from NE 59th Street west to Stokke Parkway; and
Stokke Parkway from 650th Avenue/Eagle Point Road south to 3M Drive.
D. Rules And Regulations: Pursuant to section 23.33(8), Wisconsin Statutes, the following restrictions are placed on the use of the all-terrain vehicle routes designated by this section:
1. Routes shall be marked with uniform all-terrain vehicle route signs in accordance with section NR 64.12(7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking all-terrain vehicle routes:
a. Intentionally remove, damage, deface, move, or obstruct any uniform all-terrain vehicle route sign or standard or intentionally interfere with the effective operation of a uniform all-terrain vehicle route sign or standard if the sign or standard is legally placed by the State, any municipality or any authorized individual.
b. Possess any uniform all-terrain vehicle route or trail sign or standard of the types established by the Wisconsin Department of Transportation for the warning, instruction or information of the public, unless he or she obtained the uniform all-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard creates a rebuttable presumption of illegal possession.
2. Operation of an all-terrain vehicle shall be subject to all provisions of section 23.33, Wisconsin Statutes, which is adopted as a part of this section by reference, pursuant to section 23.33(11), Wisconsin Statutes.
3. In addition to the provisions of section 23.33, Wisconsin Statutes, the following restrictions are placed on the use of the all-terrain vehicle routes designated by this section:
a. All designated all-terrain vehicle routes are posted for thirty five (35) miles per hour. Operators shall reduce speed whenever the posted limit is less or as stated in the Wisconsin Statutes that relate to all-terrain vehicle operation.
b. All all-terrain vehicle operators shall ride single file.
c. The allowed hours of operation shall be from dawn until dusk.
d. Anyone under the age of twelve (12) cannot operate an all-terrain vehicle on an all-terrain vehicle route under any circumstances.
e. Anyone born after January 1, 1988, cannot operate an all-terrain vehicle on an all-terrain vehicle route without a safety certification.
f. All all-terrain vehicle operators under the age of eighteen (18) must wear a helmet.
g. Lighted headlamps and taillamps shall be displayed at all times.
h. All-terrain vehicle operation shall be permitted from April 1 to December 1 only.
E. Additional Provisions: All signs, posts and similar material associated with the approved all-terrain vehicle routes in the City will be installed and maintained by the City although the cost of materials, installation and maintenance shall be borne by an ATV club or organization through an agreement with the City. The agreement will be reviewed annually by the Common Council to ensure compliance with all provisions of this section.
F. Penalty: Any person who shall violate any provision of this section shall, upon conviction, be subject to the penalties set forth at section 23.33(13), Wisconsin Statutes, provided, however, for violations of this section that are not set forth in the State Statutes, the forfeiture for said violation shall not exceed two hundred fifty dollars ($250.00) together with the costs of prosecution. (Ord. 2016-12, 8-1-2016; amd. Ord. 2018-06, 5-21-2018; Ord. 2021-07A, 10-4-2021; Ord. 2022-01, 2-7-2022)