The title of this article is "All-Terrain Vehicle Regulations."
The purpose of this article is to establish a statutory base
for regulation of all-terrain vehicles within the exterior boundaries
of the Menominee Indian Reservation.
As used in this article, the following terms shall have the
meanings indicated:
ACCOMPANIED
Being subject to continuous verbal direction or control.
ALL-TERRAIN VEHICLE
An engine-driven device which has a net weight of 900 pounds
or less, which has a width of 48 inches or less, which is equipped
with a seat designed to be straddled by the operator and which is
designed to travel on two or more low-pressure tires. A low-pressure
tire is a tire which has a minimum width of six inches, which is designed
to be mounted on a rim with a maximum diameter of 12 inches and which
is designed to be inflated with an operating pressure not to exceed
six pounds per square inch as recommended by the manufacturer. The
term "all-terrain vehicle" shall also include non-street-legal motorbikes,
motorized vehicles, snowmobiles, go-carts, golf carts, six- to eight-wheel
amphibious vehicles, and utility-type side-by-side vehicles, regardless
of size, weight or dimensions.
ALL-TERRAIN VEHICLE TRAIL
A marked corridor on public property or on private lands,
subject to public easement or lease, for all-terrain vehicle use designated
by the Menominee Tribe as established by the Community Development
Department in cooperation with Menominee Tribal Conservation, Menominee
Tribal Enterprises, Menominee Tribal Police, and any other concerned
departments; however, such corridor shall exclude roadways or highways
except those roadways which are not seasonally maintained for motor
vehicle traffic.
APPROVED CROSSING
An area used to cross a stream, creek, lake or wetland that
has been designated as a crossing by Menominee Tribal Environmental
Services Department, Historic Preservation, Community Development,
Conservation and any other tribal department deemed necessary in designating
an approved crossing.
ARCHAEOLOGICAL SITE
A geographic location which contains any material of artifacts,
features, structures, organic and environmental remains of past human
activity, ancient or contemporary burial sites, sacred sites, human
ancestral remains, or historic properties which include districts,
sites, buildings, structures and objects significant in history, architecture,
archaeology, engineering and culture of the Menominee.
CULTURAL SITE
A geographic location which is highly significant due to
the nature of activity occurring on the site and may be the location
of traditional Menominee cultural activities, and may include sites
that include plants that are traditional to the Menominee culture
and activities.
HIGHWAY
All public ways and thoroughfares and bridges on the same.
HUSBANDRY
The raising of livestock and the cultivation of crops; agriculture;
the prudent management or conservation of resources.
IMMEDIATE FAMILY
Persons who are related as spouses, as siblings, or as parent
and child.
INDIAN LANDS
All lands within the exterior boundaries of the Menominee
Reservation.
INTOXICANT
Any alcoholic beverage, controlled substance or other drug,
or combination thereof.
OPERATE
To exercise physical control over the speed or direction
of an all-terrain vehicle or to physically manipulate or activate
any of the controls of an all-terrain vehicle necessary to put it
in motion.
OPERATION UNDER THE INFLUENCE
A condition in which a person's ability to operate an all-terrain
vehicle, because of the consumption or use of an intoxicant, is impaired
to the extent that the person is less able to exercise the clear judgment
and steady hand necessary to handle and control the all-terrain vehicle.
OWNER
A person who has lawful possession of an all-terrain vehicle
by virtue of legal title or equitable interest in the all-terrain
vehicle which entitles a person to possession of the all-terrain vehicle.
USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES
Use of an all-terrain vehicle only on land owned or leased
by the person or member of the person's immediate family over which
the owner or lessee has management and control exclusively for agricultural
use.
USED EXCLUSIVELY ON PRIVATE PROPERTY
Use of an all-terrain vehicle by the owner of the all-terrain
vehicle or a member of his or her immediate family only on land owned
or leased by the all-terrain vehicle owner or a member of his or her
immediate family.
WETLAND
Areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated (hydric) soil conditions. Wetlands generally
include, but are not limited to, swamps, marshes, bogs, and similar
areas.
[Amended 8-19-2010; 1-5-2012 by Ord. No. 11-32]
The Menominee Tribe shall cause to be established rules, procedures
and requirements for all-terrain vehicle registration.
A. All-terrain vehicles shall be registered with the Menominee Tribe
Department of Licensing and Permits prior to operation of such vehicles
within the exterior boundaries of the Menominee Indian Reservation.
A tribally issued all-terrain vehicle license sticker shall be affixed
to and displayed on all-terrain vehicles at all times. The all-terrain
vehicle license sticker shall be prominently visible on both sides
of the all-terrain vehicle and in a position which is forward of the
operator. Registration cost shall be as set by the Legislature.
B. It shall be a violation of this article for the owner of an all-terrain
vehicle to allow a person to operate an all-terrain vehicle in violation
of any section of this article.
For the protection of the Menominee Indian Tribe of Wisconsin
and tribal land, operation of an all-terrain vehicle in the following
manner shall be prohibited:
A. In any careless way so as to endanger the person or property of another.
It is unlawful for any person to endanger the safety of his/her own
person or property or the safety of another's person or property by
a high degree of negligence in the operation of an all-terrain vehicle.
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 all-terrain vehicle use.
C. On Indian lands without the consent of the Menominee Tribal Legislature
or Indian owner. Failure to post Indian lands does not imply consent
for all-terrain vehicle use.
D. On any pathways or sidewalks specified for pedestrian use.
E. On any public, church, school or business properties, or cultural
or archaeological sites.
F. With any firearm in his or her possession, unless it is enclosed
in a carrying case, or in a commercially manufactured scabbard or
rack, and is in accordance with the Firearms Ordinance. This provision does not apply to law enforcement officers
acting in their official capacity.
G. When within 150 feet of a dwelling at a speed exceeding 10 miles
per hour.
H. On the frozen surface of lake waters within 100 feet of a person
not in or on an all-terrain vehicle or motor vehicle or within 100
feet of a fishing shanty at a speed exceeding 10 miles per hour.
I. All all-terrain vehicle operators under the age of 18 are required
to wear a protective helmet, unless the operator is age 18 or older,
or unless operation of the all-terrain vehicle is for the purpose
of husbandry.
J. Without wearing the required eye protection.
K. In any streams, creeks, lakes or wetlands except in an approved crossing.
L. No person under the age of 12 shall operate an all-terrain vehicle.
M. No person under the age of 12 shall operate an all-terrain vehicle,
and persons aged 12 to 16 must successfully complete an approved all-terrain
vehicle safety course by October 1, 2010, and must carry documentation
showing successful completion of said safety course while operating
an all-terrain vehicle.
N. In any manner to flee or escape a law enforcement officer.
O. With a passenger, unless the all-terrain vehicle is designated for
more than one passenger or is outfitted with a commercially manufactured
bolt-on apparatus designed to allow for a passenger. Passengers under
the age of 16 are only allowed to ride with a person over the age
of 18 years. All passengers must wear a protective helmet, regardless
of age.
P. An all-terrain vehicle shall not exceed 10 miles per hour under the
posted speed limit, and exceptions shall be made for navigating from
one trail to another over paved roads.
All-terrain vehicles may not be operated on any highways or
other paved roadways within the exterior boundaries of the Menominee
Indian Reservation.
A. Operation on roadway. All-terrain vehicles may be operated on the
paved roadway portion of any highway only in the following situations:
(2) On any roadway not seasonally maintained for motor vehicle traffic.
(3) To cross a bridge, culvert or railroad right-of-way.
(4) On roadways designated as all-terrain vehicle routes.
(5) On roadways if the all-terrain vehicle is an implement of husbandry.
B. Operation adjacent to roadway. An all-terrain vehicle may be operated
adjacent to a paved roadway on an all-terrain vehicle route or trail
if the all-terrain vehicle is operated in the following manner:
(1) At a distance of 10 feet or more from the paved roadway along U.S.
numbered highways, state and county highways, tribal roads, town roads,
and BIA roads.
(2) Travel shall conform to the direction of traffic in the nearest lane.
(3) Roadway speed limits shall be observed when traveling adjacent to
a roadway.
It shall be a violation of this article if the following equipment
requirements are not met:
A. Any all-terrain vehicle operated during the hours of darkness or
operated during daylight hours on any highway right-of-way is required
to display a lighted headlamp and tail lamp.
B. The headlamp on an all-terrain vehicle is required to display a white
light of sufficient illuminating power to reveal any person, vehicle
or substantial object at a distance of at least 200 feet ahead of
the all-terrain vehicle.
C. The tail lamp on an all-terrain vehicle is required to display a
red light visible during darkness from a distance of 500 feet to the
rear.
D. Every all-terrain vehicle is required to be equipped with at least
one brake operated either by hand or by foot.
E. Every all-terrain vehicle is required to be equipped with a functioning
muffler to prevent excessive or unusual noise.
It is illegal to operate an all-terrain vehicle while under
the influence of alcohol or other drugs.
A. No person may engage in the operation of an all-terrain vehicle with
a blood alcohol concentration (BAC) of 0.08% or more. However, a person
may be arrested for operating under the influence with a BAC that
is under 0.08%.
B. No person may operate an all-terrain vehicle while under the influence
of an intoxicant to a degree which renders him or her incapable of
safe operation of an all-terrain vehicle.
C. No person may engage in the operation of an all-terrain vehicle with
any detectable amount of a restricted controlled substance in his
or her blood.
D. You are required to provide a sample of your breath, blood or urine
if a law enforcement officer has probable cause to believe you are
operating an all-terrain vehicle under the influence. If you refuse
to provide a breath, blood or urine sample, you will be charged with
an additional violation.
E. No person shall operate an all-terrain vehicle or ride as a passenger
on an all-terrain vehicle while carrying open intoxicants.
Violation of a provision of this article shall result in forfeiture
as follows:
A. Operating an all-terrain vehicle without a valid registration in violation of §
550-17 of this article shall result in a forfeiture of $50.
B. Operating an all-terrain vehicle in any careless way so as to endanger a person or person's property in violation of §
550-18 of this article shall result in a forfeiture of 50.
C. Operating an all-terrain vehicle on the private property of another without consent of the owner or lessee in violation of §
550-18 of this article shall result in a forfeiture of $100.
D. Operating an all-terrain vehicle on Indian lands without the consent of the Menominee Tribal Legislature or Indian owner in violation of §
550-18 of this article shall result in a forfeiture of $100.
E. Operating an all-terrain vehicle on any pathways or sidewalks specified for pedestrian use in violation of §
550-18 of this article shall result in a forfeiture of $50.
F. Operating an all-terrain vehicle on any public, church, school or business properties in violation of §
550-18 of this article shall result in a forfeiture of $50.
G. Operating an all-terrain vehicle while transporting any uncased firearms or bows in violation of §
550-18 of this article shall result in a forfeiture of $60.
H. Operating an all-terrain vehicle within 150 feet of a dwelling at a speed exceeding 10 miles per hour in violation of §
550-18 of this article shall result in a forfeiture of $30.
I. Operating an all-terrain vehicle on a frozen lake surface within 100 feet of a person or ice shanty at a speed exceeding 10 miles per hour in violation of §
550-18 of this article shall result in a forfeiture of $40.
J. Operating an all-terrain vehicle without wearing a protective helmet in violation of §
550-18 of this article shall result in a forfeiture of $10.
K. Operating an all-terrain vehicle without wearing required eye protection in violation of §
550-18 of this article shall result in a forfeiture of $10.
L. Operating an all-terrain vehicle in any streams, creeks, lakes or wetlands in violation of §
550-18 of this article shall result in a forfeiture of $50.
M. Operation of an all-terrain vehicle by a person under the age of 12 years in violation of §
550-18 of this article shall result in a forfeiture of $20.
N. Operating an all-terrain vehicle without successful completion of an all-terrain vehicle safety course in violation of §
550-18 of this article shall result in a forfeiture of $20. Operating an all-terrain vehicle without proof of successful completion of an all-terrain vehicle safety course in violation of §
550-18 of this article shall result in a forfeiture of $10.
O. Operating an all-terrain vehicle in any manner to flee or escape a law enforcement officer in violation of §
550-18 of this article shall result in a forfeiture of $100.
P. Operating an all-terrain vehicle with a passenger in violation of §
550-18 of this article shall result in a forfeiture of $30.
Q. Operating an all-terrain vehicle illegally on or in the vicinity of a highway in violation of §
550-19 of this article shall result in a forfeiture of $50.
R. Operating an all-terrain vehicle in violation of equipment requirements of §
550-20 of this article shall result in a forfeiture of $30.
S. Second-time violations of §§
550-17,
550-18,
550-19 and
550-20 of this article shall result in the original penalty being doubled.
T. Third and subsequent violations of §§
550-17,
550-18,
550-19 and
550-20 of this article shall result in the original penalty being tripled.
U. A first-time violation of any provision of §
550-21 shall result in a forfeiture of not less than $150 nor more than $300.
V. A second violation of any provision of §
550-21 shall result in a forfeiture of $500 and jail for not less than five days nor more than 30 days.
W. Third and subsequent violations of any provision of §
550-21 shall result in a forfeiture of not less than $500 nor more than $1,000 and jail for not less than 10 days nor more than six months.
X. Violation of any other provision of this article not specifically
enumerated above shall result in a forfeiture of not less than $50
nor more than $1,000.
Y. In addition to the above penalties, restitution may be ordered for
damage caused from a violation of this article.