Village of Stratford, WI All-Terrain and Utility Terrain Vehicles and Off-Road Motor Vehicle Operation

A motor-driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:

A net weight of less than 2,000 pounds.

Four or more low-pressure tires.

A cargo box installed by the manufacturer.

A steering wheel.

A taillight.

A brake light.

Two headlights.

A width of not more than 65 inches.

(i)

Seats for at least two occupants, all of which seating is designed not to be straddled.

(j)

A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.

(k)

A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.

A motor-driven device that has a net weight of more than 900 pounds, that is originally manufactured with a width of 50 inches or less, that is equipped with a seat designed to be straddled by the operator, and that is designed by the manufacturer to travel on three or more low-pressure tires. [See § 23.33(ng), Wis. Stats.]

§ 495-35 General ATV/UTV route and use regulations.

Operation of all-terrain vehicles.

Operation on designated routes only.

Pursuant to § 23.33(4)(d)4, Wis. Stats., except as otherwise provided in § 23.33(4), Wis. Stats., no person may operate an all-terrain or utility terrain vehicle on the roadway portion of any highway or street, public park, cemetery, or on any other public property in the Village of Stratford except on roadways, alleys and trails that are designated as all-terrain and utility terrain vehicle routes by this section. Unless authorized by the Village Board, no ATV/UTV shall be operated on any walking, bicycle, equestrian or other special use trail or path.

No person shall operate an all-terrain or utility terrain vehicle upon private property without the owner's express permission, except upon routes and trails designated by the Village Board as all-terrain or utility terrain vehicle routes/trails.

Municipal or other governmental all-terrain or utility terrain vehicles used for governmental purposes are authorized to operate on streets, alleys and rights-of-way. As part of a designated route system, the Village Board may also designate limited access for the sole purpose of access to main designated routes.

Permissible operation on designated roadways. Operation of all-terrain vehicles on a roadway or alley in the Village of Stratford that is an all-terrain or utility terrain vehicle route is authorized only for the extreme right side of the roadway, except that left turns may be made from any part of the roadway that is safe given prevailing conditions. On paved roadways, all-terrain and utility terrain vehicles shall be operated on the paved portion of the roadway and not on the gravel shoulder, except when necessary to avoid other vehicles.

Designation of all-terrain and utility terrain vehicle roadway routes.

The Village of Stratford Village Board designates as authorized all-terrain vehicle and utility terrain vehicle routes: all Village streets and alleys except the following:

State Highway 153.

State Highway 97.

ATV/UTV operation on State Highway 153 and State Highway 97 is allowed only for the sole purpose of crossing such street at a perpendicular crossing at a through intersection, or where a designated trail/route crosses either roadway.

Conditions applicable to all-terrain and utility terrain vehicle roadway routes. Pursuant to § 23.33(8)(d), Wis. Stats., the following restrictions are placed on the use of the Village of Stratford all-terrain and utility terrain vehicle roadway and alley routes designated in Subsection B above:

Signage. All-terrain and utility terrain vehicle roadway routes shall be marked with uniform ATV/UTV signs as prescribed in § NR 64.12(7), Wis. Adm. Code. No person may do any of the following in regard to signs marking Village of Stratford all-terrain and utility vehicle routes:

Intentionally remove, damage, deface, move, or obstruct any uniform ATV/UTV route or trail sign or standard, or intentionally interfere with the effective operation of any uniform ATV/UTV route or trail sign or standard, if the sign or standard is legally placed by the State of Wisconsin, any local government or any authorized individual or organization.

Possess any uniform all-terrain or utility terrain vehicle route or trail sign or standard of the type established by the Wisconsin Department of Natural Resources for the warning, instruction or information of the public, unless he/she obtained the uniform all-terrain or utility terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform ATV/UTV route or trail sign or standard creates a rebuttable presumption of illegal possession.

Route use regulations. In addition to the requirements of this section and applicable provisions of the Wisconsin Statutes adopted by reference, operators utilizing a designated trail shall comply with the requirements of § 495-36.

Snow removal exception. For the purpose of snow removal, an all-terrain or utility terrain vehicle with a snow removal device attached may be operated on any Village of Stratford street, sidewalk, or alley, or adjacent to a street, alley or public sidewalk, when all of the following provisions are complied with:

The operator is actively engaged in snow removal activity on the property, or is en route to or from the property, and not exceeding 5 mph while on the sidewalk, street, or alley. The travel necessary to or from the snow removal site shall not exceed two miles.

The operator shall follow the shortest and most-direct route to the property at which snow removal activities will be conducted when a snowplow blade is attached.

The operator of the all-terrain or utility terrain vehicle is 16 years of age or older and has a valid driver's license.

The ATV's/UTV's headlights are on at all times and not obstructed by the attached snow removal device.

(5)

The operator of the all-terrain or utility terrain vehicle yields the right of way to any pedestrian, bicyclist or motor vehicle approaching on a street, sidewalk, or alley.

(6)

The manner of snow removal is consistent with Village of Stratford ordinances.

Rules of the road. Except as otherwise provided in § 23.33, Wis. Stats., and herein, all-terrain vehicles and utility terrain vehicles shall follow the State of Wisconsin rules of the road that are applicable to automobiles.

Yield to traffic and pedestrians. All all-terrain and utility terrain vehicles shall yield to all vehicular traffic and pedestrian movement.

§ 495-36 Miscellaneous ATV/UTV regulations.

Conditions of operation. The following conditions of operation shall apply to all operators and passengers of all-terrain and utility terrain vehicles:

Statutory operations regulations. Operation of all-terrain and utility terrain vehicles shall be subject to all provisions of § 23.33, Wis. Stats., which is adopted above by reference as a part of this section by § 495-34C above, pursuant to § 23.33(11), Wis. Stats. Specifically, no person may operate an all-terrain or utility terrain vehicle:

In any careless way so as to endanger the person or property of another.

On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for ATV/UTV use.

On public property that is posted as closed to ATV/UTV operation or on which the operation of an all-terrain or utility terrain vehicle is prohibited by law.

With any crossbow in his or her possession, unless the crossbow is not cocked or is unloaded and enclosed in a carrying case.

With any bow in his or her possession, unless the bow does not have an arrow nocked.

With any firearm in his or her possession, unless the firearm is unloaded or is a handgun, as defined in § 175.60(1)(bm), Wis. Stats. This limitation does not apply to a firearm that is placed or possessed on an all-terrain or utility terrain vehicle that is stationary, as defined in § 167.31(1)(fg), Wis. Stats.

(g)

With a passenger riding in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.

(h)

Unless he or she, and every occupant of the utility terrain vehicle, is seated on a seat that is original to the utility terrain vehicle as manufactured.

Speed limits.

All ATV/UTV operators shall observe a speed limit of 20 miles per hour (mph) on the designated and posted roadway/alley or the posted roadway/alley speed limit, whichever is lower. Lower speed limits may be designated on certain portions of roadway routes as deemed appropriate and indicated by signage. This speed limit shall also apply while operating on private property.

ATV/UTV operators shall slow to 10 mph when within 150 feet of a residence or business, including when operating on private property held open to public ATV/UTV use. This speed limitation does not apply to a person operating an ATV/UTV on a roadway that is designated as an all-terrain vehicle route.

ATV/UTV operators shall slow to 10 mph, yield and exercise extreme caution on the frozen surface of public waters or on an ATV/UTV trail when within 100 feet of another person not operating a motor vehicle, all-terrain vehicle, utility terrain vehicle, or snowmobile and shall observe all other requirements in § 23.33, Wis. Stats. This restriction does not apply to operation of an ATV/UTV when competing in a sanctioned derby or race.

ATV/UTV operators shall not exceed a speed of 10 mph when within 100 feet of a fishing shanty.

ATV/UTV operators shall not exceed a speed of 15 mph when the ATV/UTV is being operated on a roadway or adjacent to a roadway with a snow removal device attached, if the ATV/UTV is more than 150 feet from a dwelling.

ATV/UTV operators shall not exceed 5 mph when the ATV/UTV is being operated on a sidewalk or driveway with a snow removal device attached, regardless of proximity to a dwelling.

Possession/consumption of open intoxicants prohibited. It shall be unlawful for any person to possess an open intoxicant container/receptacle while operating, or as a passenger on, an all-terrain vehicle or a utility terrain vehicle on any ATV/UTV route within the Village of Stratford.

Parking restrictions. No all-terrain vehicle or utility terrain vehicle may be parked on any Village of Stratford streets.

(5)

Operators may not operate an ATV or UTV on an ATV/UTV route at any time before or after operating hours. Operating hours are designated as 5:00 a.m. through 10:00 p.m.

[Amended 10-13-2020; 5-10-2022]

(6)

Restrictions on equipment. No all-terrain or utility terrain vehicle may be operated within the Village of Stratford unless it complies with all noise, registration, and other equipment standards as established in the Wisconsin Statutes, Wisconsin Administrative Code, or the Village of Stratford Code of Ordinances.

(7)

Headlight/taillights and trailer requirements. A person who operates an all-terrain or utility terrain vehicle during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the vehicle, as follows:

The headlamp is required to display a white light of sufficient illumination power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain or utility terrain vehicle. The headlight shall be properly adjusted so as to not interfere with the operation of other vehicles on the roadway.

Taillights shall be red in color and be observable during hours of darkness to a distance of 500 feet to the rear.

If a trailer is towed behind an all-terrain or utility terrain vehicle, the trailer shall conform with all lighting requirements applicable to an all-terrain or utility terrain vehicle.

(8)

Noise limits. No person may manufacture, rent, sell or operate an all-terrain or utility terrain vehicle that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the Wisconsin Department of Natural Resources.

(9)

Operations restrictions. Because the Village of Stratford Village Board designates all Village streets and alleys as official designated routes (except STH 153 and STH 97), all-terrain and utility terrain vehicles operating on Village of Stratford streets, roads, and other public property shall comply with the following:

All-terrain and utility terrain vehicles shall be operated on the extreme right side of the roadway and travel with the flow of traffic.

All-terrain and utility terrain vehicles shall be operated in single-file, with headlights and taillights in operation at all times.

All-terrain and utility terrain vehicle operators shall yield the right of way to all other vehicular traffic and pedestrians.

No racing-type all-terrain or utility terrain vehicles, all-terrain or utility terrain vehicle conversions, or converted drive trains will be allowed on Village of Stratford streets, alleys or public ways.

Operator standards.

General standards. Operation of an all-terrain or utility terrain vehicle on a Village of Stratford street, alley or public way by unlicensed or youth operators shall be governed by the restrictions of § 23.33(5), Wis. Stats. No person who is not lawfully licensed, or under a current driver's license suspension, revocation or cancellation for any reason, may operate an all-terrain or utility terrain vehicle upon a public street or public way in the Village of Stratford except in conformance with this section and § 23.33(5), Wis. Stats.

All-terrain vehicles - age restrictions.

Subject to Subsection B(2)(b) through (e), no person under the age of 12 years of age may operate an all-terrain vehicle unless any of the following criteria applies:

He or she is operating the ATV for an agricultural purpose and he/she is under the supervision of a person over 18 years of age. "Supervision" does not require that the person under 12 years of age be subject to continuous direction or control by the person over 18 years of age.

He or she is operating a small all-terrain vehicle on an all-terrain vehicle trail designated by the Wisconsin Department of Natural Resources (Wis. DNR) and he or she is accompanied by his or her parent or guardian or by a person who is a minimum of 18 years of age who is designated by the parent or guardian.

No person who is under 12 years of age may operate an all-terrain vehicle that is an implement of husbandry on a roadway under any circumstances.

No person who is under 12 years of age may operate an all-terrain vehicle on a roadway under the authorization provided under § 23.33(4)(d)6, Wis. Stats., under any circumstances.

No person who is under 16 years of age may operate an all-terrain vehicle under the authority provided under § 23.33(4)(d)4 or 7, Wis. Stats., unless the person is accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.

No person who is under 16 years of age may operate an all-terrain vehicle under the authorization provided under § 23.33(4)(f), Wis. Stats., under any circumstances.

No person who is under 12 years of age may rent or lease an all-terrain vehicle.

Utility terrain vehicles - age restrictions.

No person under 16 years of age may operate, rent, or lease a utility terrain vehicle unless any of the following apply:

He or she is operating the UTV for an agricultural purpose and he or she is under the supervision of a person over 18 years of age. "Supervision" does not require that the person under 16 years of age be subject to continuous direction and control by the person over 18 years of age.

He or she is at least 12 years of age, is operating a small utility terrain vehicle on an all-terrain vehicle trail designated by the Wisconsin Department of Natural Resources and he or she is accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.

Except as provided in § 23.33(4)(d)1, 2, and 3a, Wis. Stats., no person who is under 16 years of age may operate a utility terrain vehicle on a roadway.

Safety certification requirements.

No person who is at least 12 years of age and who was born on or after January 1, 1988, may operate an all-terrain or utility terrain vehicle unless he or she holds a valid safety certificate issued by the Wisconsin Department of Natural Resources, another state, or a province of Canada.

Any person who is required to hold an all-terrain or utility terrain vehicle safety certificate while operating an ATV or UTV shall carry proof that the person holds a valid safety certificate and shall display this proof to a law enforcement officer upon request. Persons enrolled in a safety certification program approved by the Wisconsin Department of Natural Resources may operate an all-terrain or utility terrain vehicle in an area designated by the instructor.

Notwithstanding the safety certificate requirements under this subsection, a person is not required to hold a safety certificate if all of the following apply:

The person operates an all-terrain or utility terrain vehicle at an all-terrain or utility terrain vehicle demonstration event.

The event under Subsection B(4)(c)[1] above is sponsored by an all-terrain or utility terrain dealer, an all-terrain or utility terrain vehicle club, the State of Wisconsin, a city, a village, a town, or a county.

[3]

If the person is under 18 years of age, the person is accompanied by his or her parent or guardian or is accompanied by a person over 18 years of age who is designated by the parent or guardian.

[4]

Notwithstanding Subsection D(2), the person wears protective headgear of the type required under § 347.485(1), Wis. Stats.

[5]

The person operates the all-terrain or utility terrain vehicle in a closed course area in the manner prescribed by the event sponsor.

(5)

Age restriction exceptions.

Subsection B(2) through (4) above do not apply to a person who operates an all-terrain or utility terrain vehicle exclusively on land that is either of the following:

Land under the management and control of the person's immediate family.

Land, other than land described in Subsection B(5)(a)[1] above, on which operation is authorized.

A person who operates an all-terrain or utility terrain vehicle on land on which operation is authorized qualifies for the exception under Subsection B(5)(a)[2] above only if the person is under 12 years of age and operates the all-terrain or utility terrain vehicle when accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.

(6)

All operators shall have a liability insurance policy in force on any ATV or UTV operated on an ATV/UTV route. The liability insurance policy must have the following minimum coverages:

[Added 5-10-2022]

Ten thousand dollars for property damage.

Twenty-five thousand dollars for the injury or death of one person.

Fifty thousand dollars for the injury or death of more than one person.

Route markers.

Erection of trail markers. Village of Stratford Department of Public Works personnel are directed and authorized to procure, erect and maintain appropriate route, trail, and/or speed limit signs and markers as required by the Wisconsin Statutes and § NR 64.12, and specifically § NR 64.12(7(c), Wis. Adm. Code. The Village may require the assistance of all-terrain/utility terrain vehicle organizations in satisfying this requirement.

Trail status/closure. The Chief of Police, upon the recommendation of law enforcement or public works personnel, shall have the authority to declare designated all-terrain and/or utility terrain vehicle routes and trails open or closed. Such closure and opening information shall be posted.

Signs and markers to be obeyed. No person shall fail to obey any route or trail sign, marker or speed limit or other control device erected in accordance with this section or traffic sign or signal under authority of the Wisconsin Statutes.

Use of headgear.

General requirement. No person may operate or be a passenger on an ATV/UTV without wearing protective headgear of the type required by § 347.485(1)(a), Wis. Stats., and with the chin strap properly fastened.

Exceptions to headgear requirements. Protective headgear required under Subsection D(1) above need not be worn if:

The person is a minimum of 18 years of age.

The person is traveling for the purposes of hunting or fishing and is a minimum of 12 years of age.

The all-terrain or utility terrain vehicle is being operated for an agricultural purpose.

The all-terrain or utility terrain vehicle is being operated by a person on land under the management and control of the person's immediate family.

Storage restrictions. No more than three all-terrain or utility terrain vehicles may be parked outside of a building or garage on a residential property for more than 24 hours.

Enforcement. This article shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.

Penalties. Wisconsin State all-terrain and utility terrain vehicle penalties as found in § 23.33(13)(a), Wis. Stats., are adopted and incorporated herein by reference. Violation of this article shall be punishable by a forfeiture and enforced pursuant to Village of Stratford Ordinance Codes §§ 435-10 and 435-11.

Required notifications. The Village of Stratford shall submit a copy of this article upon adoption to the Wisconsin Department of Natural Resources, Wisconsin State Patrol and the County Sheriff's Department of Marathon County, as required by law.

§ 495-37 Unauthorized off-road operation of motor vehicles on public or private property.

Purpose.

The unauthorized off-road operation of motor vehicles within the Village of Stratford can result in serious damage to public and private lands, including damage or destruction of vegetation, animal life and improvements on the lands; and

The unauthorized off-road operation of motor vehicles can result in the permanent scarring of land and an increase in erosion, noise pollution and air pollution; and

The unauthorized off-road operation of motor vehicles can result in collisions or near collisions threatening the life and safety of the operators of such vehicles as well as of other persons and personal property; and

The unauthorized off-road operation of motor vehicles can result in a loss of the privacy, quietude and serenity to which the owners and users of land, and their neighbors, are rightfully entitled.

Definitions. For purposes of this section, the terms below shall be defined as follows:

MOTOR VEHICLE

Any vehicle which is self-propelled, and shall include, but not be limited to, automobiles, trucks, jeeps, vans, motorcycles, motorbikes, go-karts, utility terrain vehicles, all-terrain vehicles, mopeds, snowmobiles, and dune buggies. "Motor vehicle" shall not mean any airplane, railroad train, boat, assisted mobility device, 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.

OFF-ROAD

Any location which:

Is not paved or maintained as a 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/her permittees for recreational or other vehicular use.

"Off-road" shall not include any creek bed, riverbed or lake; provided, however, that this subsection shall not apply to snowmobiles or other vehicles being operated on the ice covering such creek bed, riverbed or lake.

OPERATION

The physical manipulation or activation of any of the controls of a motorized vehicle necessary to put it in motion.

UNAUTHORIZED

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.

Unauthorized off-road operation prohibited.

The unauthorized off-road operation of a motor vehicle is prohibited in the Village of Stratford.

Except for authorized maintenance vehicles, snowmobiles or all-terrain/utility terrain vehicles operating on routes/trails authorized by the Village Board or as otherwise authorized by this article, it shall be unlawful to operate any minibike, go-kart, or any other motor-driven craft or vehicle principally manufactured for off-highway use on Village of Stratford 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.

Operation of vehicles regulated by this section shall not be operated in the following manner:

At a rate of speed that is unreasonable or imprudent under the circumstances.

In a careless way so as to endanger people or property.

While under the influence of intoxicating liquor, fermented malt beverages, wine, narcotics or other controlled substances.

Without a functioning muffler or in such a way that the exhaust of the engine produces an excessive or unusual noise.

Upon any public street or alley, or upon a sidewalk or public right-of-way, unless such vehicle is registered for street operation as required by Chapter 341, Wis. Stats., and its operation in the Village is permitted by the Village of Stratford Code of Ordinances.