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:
23.33(1)
Definitions [including Subsections (a) through (n)]
23.33(2)
Registration
23.33(3)
Rules of Operation [including Subsections (a) through (i)]
23.33(4)
Operation On or Near Highway [including Subsections (a) through (e)]
23.33(5)(a) and (c)
Age Restrictions
23.33(6)
Equipment Requirements [including Subsections (a) through (e)]
23.33(7)
Accidents [including Subsections (a) and (b)]
[Amended 9-8-2014 by Ord. No. 480-38; 2-2-2015; 6-5-2024]
A. 
Intent.
(1) 
The Village of Neshkoro, Marquette County, Wisconsin, adopts the following section for the operation of all-terrain vehicles/utility vehicles upon the roadway(s) listed in Subsection C.
(2) 
Following due consideration of the recreational value to connect trail opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, this section has been created.
B. 
Statutory authority.
(1) 
This route is created pursuant to village authorization as authorized by § 23.33(8)(b), Wis. Stats.
(2) 
The applicable provisions of § 23.33, Wis. Stats., regulating ATV operation pursuant to routes are adopted.
C. 
Routes.
(1) 
Road(s) to be open for ATV/UTV routes are as follows:
North on 20th Avenue from the township line, east on South Street to its end at Highway 73. From South Street to South Montello Street, north to West Wall Street. West Wall Street from Village/Township line east to South West Street, north to West Wall Street, crossing Highway 73 to East Wall Street, then north on State Street to East Pearl Street, east to the Village/town line.
(2) 
ATVs may access the designated trail by the most direct route to and from their place of residence.
D. 
Conditions. As a condition for the use of this route, the following conditions shall apply to all operators and passengers:
(1) 
All ATV/utility vehicle operators shall operate at no more than 35 miles per hour.
(2) 
All ATV/utility vehicle operators shall ride single file on the extreme right side of roadways.
(3) 
All ATV/utility vehicle operators shall only ride on the paved surface of roadways.
(4) 
Routes must be signed in accordance with Wis. Admin. Code NR 64.12, and NR. 64.12(7)c.
(5) 
Routes will be open for public ATV/UTV usage daily during the following time periods: 5:00 a.m. through 11:00 p.m.
E. 
Enforcement. This section shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
F. 
Penalties. Wisconsin State all-terrain vehicle penalties as found in § 23.33(13)(a), Wis. Stats., are adopted by reference.
G. 
Severability.
(1) 
The provision of this section shall be deemed severable, and is expressly declared that the county and Village would have passed the other provisions of this section irrespective of whether or not one or more provisions may be declared invalid. If any provision of this section or the application to any person or circumstances is held invalid, the remainder of the section and the application of such provisions to other persons or circumstances shall not be deemed affected.
(2) 
This section can be terminated by the Board if it is deemed there are serious violations/issues with this ATV/UTV route.
H. 
Effective date. This section becomes effective on publication and posting for one year on a trial basis and can be terminated (as noted above) at any time. This section will be reviewed again in one year from the date signed below. The Village Clerk shall properly publish or post this section as required under § 60.80, Wis. Stats.
A. 
Definitions. The following definitions shall be applicable in this section:
HIGHWAY
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.
MINIBIKE
Any motorized vehicle primarily used for transportation or sport, including, but not limited to, motorcycles, off-the-road trail bikes and motorized bicycles.
MOTORIZED VEHICLE
Any self-propelled device in, upon or by which any person or property is or may be transported.
SELF-PROPELLED VEHICLES
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 Village of Neshkoro 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 Village of Neshkoro unless such vehicle is registered as required by Ch. 341, Wis. Stats., and its operation and operator are specifically permitted to operate the 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 Village of Neshkoro.
(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.
D. 
Violations and penalties. Any person who shall violate this section shall, upon conviction thereof, forfeit for each offense not less than $25 nor more than $200, together with the costs of prosecution, and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the county jail not to exceed 30 days.