[Amended 3-7-2016 by Ord.
No. 380]
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,
are hereby adopted by reference and made 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:
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§ Wis. Stats.
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Subject
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|---|---|
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23.33(1)
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Definitions [including Subsections (a) through (n)]
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23.33(2)
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Registration
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23.33(3)
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Rules of operation [including Subsections (a) through (i)]
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23.33(4)
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Operation on or near highway [including Subsections (a) through
(e)]
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23.33(5)(a)(c)
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Age restrictions
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23.33(6)
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Equipment requirements [including Subsections (a) through (e)]
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23.33(7)
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Accidents [including Subsections (a) and (b)]
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A.
Purpose.
(1)
The unauthorized off-road operation of motor vehicles has resulted
in serious damage to public and private lands including damage or
destruction of vegetation, animal life and improvement to the lands;
and
(2)
The unauthorized off-road operation of motor vehicles has resulted
in the permanent scarring of land and an increase in both erosion
and air pollution; and
(3)
The unauthorized off-road operation of motor vehicles has resulted
in collisions and near collisions threatening the life and safety
of the operators of such vehicles as well as of other persons; and
(4)
The unauthorized off-road operation of motor vehicles has resulted
in a loss of the privacy, quietude and serenity to which the owners
and users of land are rightfully entitled.
B.
MOTOR VEHICLE
(1)
(2)
(3)
OFF-ROAD
(1)
(2)
(3)
OPERATION
UNAUTHORIZED
Definitions. For purposes of this section, the terms below shall
be defined as follows:
Any vehicle which is self-propelled and shall include but
not be limited to automobiles, trucks, jeeps, vans, buses, motorized
campers, motor homes, motorcycles, motorbikes, go-carts, motorized
three-wheeled vehicles, all-terrain vehicles, mopeds, snowmobiles,
dune buggies and tractors. "Motor vehicle" shall not mean any airplane,
railroad train, boat, wheelchair, or bicycle. A vehicle which would
otherwise be defined as a motor vehicle under this section shall not
be so defined while:
It is being operated solely for the purpose of construction
or maintenance of an improvement to land or solely for access to construction
or maintenance sites provided such operation is by persons having
legitimate business on such lands or sites;
It is being operated by or at the direction of public employees
or utility company employees as part of their employment duties.
It is being operated by the holder of an easement or right of
access on or over the land on which operation is occurring or the
holder's employees or agents.
Any location which:
Is not a paved or maintained public street or alley; or
Is not used or maintained by the owner or lessee of land as
a driveway, parking lot or other way for motor vehicles; or
Is a private trail for use only by the owner or his permittees
for recreational or other vehicular use. "Off-road" shall not include
any creekbed, riverbed or lake; provided, however, that this subsection
shall not apply to snowmobiles or other vehicles being operated on
the ice covering such creekbed, riverbed or lake.
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
Without the express prior consent of the owner, lessee, manager
or other person authorized to give consent by the owner or lessee
of land. Authorization shall not be implied from a failure to post
private or public land.
C.
Unauthorized off-road operation prohibited.
(1)
The unauthorized off-road operation of a motor vehicle is prohibited.
(2)
Except for authorized maintenance vehicles and snowmobiles or all-terrain
vehicles operating in areas authorized by the Common Council, it shall
be unlawful to operate any minibike, go-cart, all-terrain vehicle
or any other motor-driven craft or vehicle principally manufactured
for off-highway use on the City streets, alleys, parks, sidewalks,
bikeways, parking lots or on any public lands or private lands or
parking lots held open to the public. The operator shall at all times
have the written consent of the owner before operation of such craft
or vehicle on private lands.
