[Amended 7-19-2010 by Ord. No. 2010-02]
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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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 highways [including Subsections
(a) through (e)]
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23.33(5)(a) and (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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[Amended 2-20-2012 by Ord. No. 2012-1; 6-15-2020 by Ord. No. 2020-8]
A.
Title and purpose. This ATV/UTV route 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 Weyauwega,
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 Weyauwega makes no warranty express or implied that the aforementioned
routes are safe for ATV/UTV operation.
B.
Adoption of state statutes. Except as otherwise specifically provided in this chapter, and pursuant to the authority granted in Chs. 23 and NR64, Wis. Stats., the Common Council of the City of Weyauwega does hereby adopt Chs. 23 and NR64, Wis. Stats., which deal with all-terrain vehicles, to be applied on all City streets designated as ATV/UTV routes in the City of Weyauwega.
C.
Authorization. This section is authorized by Chs. 23 and NR64, Wis. Stats., specifically § 23.33, Wis. Stats., and all subsections of same.
D.
ATV (ALL-TERRAIN VEHICLE)
ATV/UTV CLUB
ATV/UTV ROUTE
ATV/UTV TRAIL
UTV (UTILITY TERRAIN VEHICLE)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A commercially designed and manufactured 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. A low-pressure tire is a tire which has a maximum 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 pounds per square inch as recommended
by the manufacturer.
A club consisting of individuals that promote the recreational
use of ATVs/UTVs.
A highway or sidewalk designated for use by all-terrain vehicle
operators by the governmental agency having jurisdiction as authorized
under this section.
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.
Not a golf cart. "Golf cart" means a vehicle whose speed
attainable in one mile does not exceed 20 miles per hour on a paved,
level surface, and that is designed and intended to convey one or
more persons and equipment to play the game of golf in an area designated
as a golf course. Not a low-speed vehicle. "Low-speed vehicle" means
a low-speed vehicle, as defined in 49 CFR 571.3, that satisfies the
equipment standards under 49 CFR 571.500 and that was originally manufactured
to meet the applicable equipment standards under 49 CFR 571.500. Commercially
designed and manufactured with the following: between 900 pounds and
2,000 pounds or less, four or more low-pressure tires, cargo or dump
box, steering wheel, tail light, brake light, two headlights, seat
belts or similar device, maximum width of 65 inches, seating for at
least two occupants, nonstraddled seats and a roll bar or similar
device.
E.
Application. This section is binding on all individuals traveling
in and through the City of Weyauwega in any manner on any and all
City streets.
F.
Route.
(1)
All streets in the City of Weyauwega are open to ATVs/UTVs.
(2)
The aforementioned route does not include private roads or driveways
nor any private property in the City of Weyauwega. The City of Weyauwega
shall retain the right to close any City street to ATV/UTV operation
for special events or street construction/repair without advance notice.
G.
Laws. The City of Weyauwega 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 single file.
(2)
All ATV/UTV operators on routes shall observe posted roadway speed
limits; not to exceed 35 miles per hour.
(3)
ATVs/UTVs operated on City streets pursuant to this section shall
have the following properly working equipment:
(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 lands.
(5)
At all times while operating an ATV/UTV on City streets or sidewalks,
operators born after January 1, 1988, shall have passed an approved
Wisconsin ATV/UTV safety course. The driver of an ATV/UTV shall obey
all State of Wisconsin laws regarding the operation of ATVs/UTVs.
Children 12 to 15 must be accompanied by an adult, regardless of a
safety certificate.
(6)
Except as otherwise provided in this section, a person may only operate
or permit an ATV/UTV owned by him/her or under their control to be
operated in accordance with Wisconsin State Statutes and all regulations
adopted pursuant thereto.
(7)
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.
(8)
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.
(9)
ATV/UTV operators must remain on an approved marked trail or route
or Wisconsin DNR and other penalties will apply.
H.
Severability. Should any portion of this section be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this section shall not be affected.
I.
Enforcement. The City of Weyauwega Common Council gives the authority to enforce this section to the Weyauwega Police Department, or its designee, as allowed by Wisconsin Statutes. The enforcement officer may order the owner or operator of any vehicle being operated on a highway to suspend operation. Verbal or written warning may be allowed at the discretion of the enforcement authority in this Subsection I.
A.
HIGHWAY
MINIBIKE
MOTORIZED VEHICLE
SELF-PROPELLED VEHICLE
Definitions. The following definitions shall be applicable
in this section:
All public ways and thoroughfares and bridges on the same.
It includes the entire highway right-of-way width, not limited to
the actual traveled portion, but also includes the shoulders, ditches
and other areas adjacent thereto.
Any motorized vehicle primarily used for transportation or
sport, including but not limited to motorcycles, off-the-road trail
bikes and motorized bicycles.
Any self-propelled device in, upon or by which any person
or property is or may be transported.
Any motorized vehicle primarily used for off-the-road use,
including but not limited to go-carts, all-terrain vehicles and all
other vehicles not registered pursuant to Ch. 341, Wis. Stats., but
not snowmobiles.
B.
Operation of minibikes and self-propelled vehicles.
No person shall operate a minibike or self-propelled vehicle in the
City of Weyauwega in the following manner:
(1)
At a rate of speed that is unreasonable or imprudent
under the circumstances.
(2)
In any careless way so as to endanger the person or
property of another.
(3)
While under the influence of intoxicating liquor,
fermented malt beverages, narcotics or other controlled substances.
(4)
In such a way that the exhaust of the motor makes
an excessive or unusual noise.
(5)
Without a functioning muffler.
(6)
Upon any public highway, street or alley or upon any
sidewalk or parkway in the City of Weyauwega unless such vehicle is
registered as required by Ch. 341, Wis. Stats., and its operation
and operator are specifically permitted to operate said vehicle by
the Wisconsin Statutes.
(7)
Upon any slide, ski or skating area, except for the
purposes of serving the area or crossing the places where marked.
(8)
Upon any lands owned, operated or leased by the City
of Weyauwega.
(9)
Upon a cemetery, burial ground, school or church property,
without the express consent of the owner.
C.
Liability of parent or guardian. No parent or guardian
of any child under the age of 18 years shall authorize or permit such
child to violate any of the provisions of this section. Any child
under the age of 18 years who shall operate a minibike or self-propelled
device shall be presumed to be operating said vehicle under the authority
of a parent or guardian.
