[HISTORY: Adopted by the Common Council of the City of Oconto Falls 9-12-2017 by Ord. No. 17-003. Amendments noted where applicable.]
GENERAL REFERENCES
Snowmobiles — See Ch. 404.
Vehicles and traffic — See Ch. 465.
The provisions describing and defining regulations with respect to all-terrain vehicles in the following enumerated subsections of § 23.33, Wis. Stats., and any future amendments or revisions thereto, are hereby adopted by reference and made a part of this section as if fully set forth herein. Any acts required to be performed by the following statutory subsections or which are prohibited by such statutory subsections are required to be performed by this section or are prohibited by this section:
Section 23.33(1)
Definitions [including subsections (a) through (n)]
Section 23.33(2)
Registration
Section 23.33(3)
Rules of operation [including subsections (a) through (i)]
Section 23.33(4)
Operation on or near highway [including subsections (a) through (e)]
Section 23.33(5)(a) and (5)(c)
Age restrictions
Section 23.33(6)
Equipment requirements [including subsections (a) through (e)]
Section 23.33(7)
Accidents [including subsections (a) through (b)]
A. 
Title and purpose. This ATV/UTV section is adopted to establish ATV/UTV routes on City streets, and to promote public health and safety by providing for the regulation of ATVs/UTVs, within the City of Oconto Falls, Wisconsin. The establishment of this section is for the convenience of the ATV/UTV riding public only, and the Common Council of the City of Oconto Falls makes no warranty, express or implied, that the aforementioned routes are safe for ATV/UTV operation.
B. 
Intent. It is the intention of the City of Oconto Falls, by establishment of this section, to pursue and become a designated ATV/UTV trailhead.
C. 
Adoption of state statutes. The City of Oconto Falls hereby adopts, except as otherwise specifically provided in this chapter, and pursuant to the authority granted in Chapter 23 and Chapter NR64 of the Wisconsin Statutes, the Common Council of the City of Oconto Falls does hereby adopt Chapter 23 and Chapter NR64 of the Wisconsin State Statutes which deals with all-terrain vehicles, to be applied on all City streets designated as ATV/UTV routes in the City of Oconto Falls.
D. 
Authorization. This section is authorized by Wisconsin State Statutes Chapter 23 and Chapter NR64; specifically Section 23.33 and all subsections thereto.
E. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ATV (ALL-TERRAIN VEHICLE)
As defined in §§ 23.33(b) and Section 340.01(2g), Wis. Stats. An engine-driven device which has a net weight of 900 pounds or less, which has a width of 50 inches or less, which is equipped with a seat designed to be straddled by the operator and which is designed to travel on three or more low-pressure tires or nonpneumatic tires.
ATV/UTV CLUB
A club consisting of individuals that promote the recreational use of ATVs/UTVs.
ATV/UTV ROUTE
A highway, road, street or right-of-way designated for use by all-terrain vehicle operators by the governmental body having jurisdiction as authorized under this section.
ATV/UTV TRAIL
A marked corridor on public property or on private lands subject to public easement or lease, designated for use by ATV/UTV operators by the governmental agency having jurisdiction, but excluding roadways or highways except those roadways that are seasonally not maintained for motor vehicle traffic.
UTV (UTILITY TERRAIN VEHICLE)
As defined in § 23.33(ng), Wis. Stats.
F. 
Application. This section is binding on all individuals traveling in and through the City of Oconto Falls in any manner on any and all City streets.
G. 
Route.
(1) 
All streets in the City of Oconto Falls are open to ATVs/UTVs that have designated signage indicating ATV/UTV route.
(2) 
The following streets will be closed for ATV/UTV use as a route and may only be crossed to access a signed route: STH22 from West Highland Drive to northwest City limits, CTH I, CTH B, Scott Drive, Ski Tow Road/Mead Road, South Main Street from Farm Road to CTHI.
[Amended 10-12-2021 by Ord. No. 21-006]
(3) 
The following roads will be closed around schools from September 1 to June 1 to reduce noise: Columbia Street from Farm Road to CTH I, Farm Road from Columbia Street to Sunrise Court, Maria Volk Drive from Farm Road to CTH I, Washington Street from Union Avenue to Central Avenue, Central Avenue from Washington to Adams Street, Adams Street from Central to Union Avenue, Cherry Avenue from North Main Street to Franklin Street, Franklin Street from Cherry Avenue to Caldwell Avenue. The Police Chief may grant access to residents that reside in the closed sections around the school areas. This does not restrict ATV/UTV use for snow removal or state laws that allow road usage for snow removal purposes.
(4) 
The following areas are closed to ATV/UTV traffic all year: West Side Beach Park, East Side Beach Park, Memorial Park, Pine Grove Park, Lotters Park, River Island Golf Course, the City ski/tubing property.
(5) 
The following areas will have seasonal access with designated routes from November through April: North Flatley Avenue from King Street through the West Side Beach boat launch area for access to the Oconto River; East Side Beach and boat launch parking areas for access to the Oconto River from the parking areas; North Maple Avenue boat launch area for access to the Oconto River.
(6) 
The aforementioned routes shall not include any private roads or driveways or any private property in the City of Oconto Falls. The City of Oconto Falls shall retain the right to close any City street to ATV/UTV operation for special events, or due to street construction or repair, without advance notice.
H. 
Laws. The City of Oconto Falls accepts no liability for the operation of ATVs/UTVs on any City streets under the provisions of this section. ATVs/UTVs that operate on the aforementioned streets shall abide by all state laws regulating ATV/UTV operation, including the following:
(1) 
Operate in the extreme right-hand portion of the traveled part of the road and travel in single file.
(2) 
Speed limit shall not exceed posted City speed limits (typically 25 miles per hour), except where posted higher by an official ATV/UTV speed limit sign.
(3) 
ATVs/UTVs operated on City streets pursuant to this section shall have the following properly working equipment:
(a) 
One or more factory headlights; lighting that is not original equipment installed by the factory or aftermarket lighting is prohibited at all times on City streets.
(b) 
A red rear light, and a working red brake light;
(c) 
Brakes in good mechanical condition; and
(d) 
A muffler system and such other equipment or devices that comply with the noise level standards (96 decibels maximum) as set forth in 23 V.S.A. Section 3505(b), and regulations adopted pursuant thereto.
(4) 
ATVs/UTVs operated on City streets shall be currently registered by the State of Wisconsin in accordance with Wisconsin State Statutes. Registration does not constitute a license to cross or operate an ATV/UTV on public or private roads.
(5) 
At all times while operating an ATV/UTV on City streets, operators born after January 1, 1988, shall have passed an approved safety course. The driver of an ATV/UTV shall obey all State of Wisconsin laws regarding the operation of ATVs/UTVs.
(6) 
Except as otherwise provided in this section, a person may only operate or permit an ATV/UTV owned by him/her or under his/her control to be operated in accordance with Wisconsin State Statutes and all regulations adopted pursuant thereto.
(7) 
ATVs/UTVs traveling on City streets shall travel on the right side of the road, in single file, at a rate of speed not to exceed the posted speed limit.
(8) 
When operating an ATV/UTV under this section, if the ATV/UTV has no turn signals and/or brake lights, the operator shall use hand signals when making turns or stopping.
(9) 
No public or private landowner shall be liable for any property damage or personal injury sustained by any person operating or riding as a passenger on an ATV/UTV or upon a vehicle or other device drawn by an ATV/UTV upon the public or private landowner's property, whether or not the public or private landowner has given permission to use the land, unless the public or private landowner charges a cash fee to the operator or owner of the ATV/UTV for the use of the property or unless damage or injury is intentionally inflicted by the landowner.
(10) 
ATV/UTV operators must remain on an approved/signed City route. Upon failure to do so, Wisconsin DNR or municipal penalties will apply.
(11) 
It shall be unlawful for any person to consume or have in his/her possession any open container containing an alcoholic beverage upon any public street, public way, public alley, or public parking lot within the City.
(12) 
No ATV/UTV operation on any City sidewalks.
[Added 8-10-2021 by Ord. No. 21-002]
I. 
Severability. Should any portion of the section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.
J. 
Enforcement. The City of Oconto Falls Common Council gives the authority to enforce this section to any law enforcement officers authorized to enforce the laws of the State of Wisconsin. The enforcement officer may order the owner or operator of any vehicle being operated on a highway or street to suspend operation. Verbal or written warnings may be allowed at the discretion of the enforcement authority in this subsection.
K. 
Penalties. The penalties set forth in Section 23.33(13)(a), Wis. Stats., are adopted.