[Amended 10-21-2013 by Ord. No. 2013-1; 3-20-2017 by Ord. No. 0220-17-01; 5-15-2017 by Ord. No. 0515-17-01]
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 highway [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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§ 23.33(8)(b)
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Routes. A town, village, city or county may designate highways
as all-terrain vehicle routes. No state trunk highway or connecting
highway may be designated as an all-terrain vehicle route unless the
Department of Transportation approves the designation.
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§ 23.33(11)(am)3
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A county, city, village or town may enact an ordinance to authorize
the operation of all-terrain vehicles and utility terrain vehicles
on a highway bridge that is not part of the national system of interstate
and defense highways, that is 1,000 feet in length or less, and that
is located within the territorial boundaries of the county, city,
village or town regardless of whether the county, city, village or
town has jurisdiction over the highway. Any such ordinance shall require
a person crossing a bridge to do all of the following:
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a.
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Cross the bridge in the most direct manner practicable and at
a place where no obstruction prevents a quick and safe crossing.
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b.
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Stay as far to the right of the roadway or shoulder as practicable.
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c.
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Stop the vehicle prior to the crossing.
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d.
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Yield the right-of-way to other vehicles, pedestrians and electric
personal assistive mobility devices using the roadway or shoulder.
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e.
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Exit the highway as quickly and safely as practicable after
crossing the bridge.
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A.
Findings. The unauthorized off-road operation of motor vehicles has
resulted in:
(1)
Serious damage to public and private lands, including damage or destruction
of vegetation, animal life and improvement to the lands;
(2)
The permanent scarring of land and an increase in both erosion and
air pollution;
(3)
Collisions and near collisions threatening the life and safety of
the operators of such vehicles as well as of other persons; and
(4)
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
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, motorcycles, motorbikes,
go-karts, 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 that such operation is by persons having legitimate
business on such lands or sites.
By or at the direction of public employees or utility company
employees as part of their employment duties.
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.
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-kart, 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.
[Added 3-19-2012 by Ord. No. 2012-1]
A.
Regulation.
(1)
(2)
Hours of operation. No one under the age of 18 shall operate an all-terrain
vehicle after 9:00 p.m. unless accompanied by a parent or legal guardian.
(3)
Speed. Operators shall observe and follow all posted roadway speed
limit signs except:
[Amended 3-20-2017 by Ord. No. 0220-17-01; 5-15-2017 by Ord. No. 0515-17-01]
(a)
Operators shall not exceed a speed of 35 miles per hour.
(4)
Private property. No one shall operate an all-terrain vehicle on
any private property not owned or controlled by the operator without
the express permission of the property owner.
(5)
Lamps. Operators shall at all times display a lighted headlamp and
tail lamp while operating an all-terrain vehicle.
(6)
Unattended all-terrain vehicles prohibited. No person shall leave
or allow an all-terrain vehicle owned or operated by him to remain
unattended on any public property while the motor is running or with
the starting key left in the ignition.[2]
[2]
Editor's Note: Former Subsection A(7), Residential access,
added 2-16-2015 by Ord. No. 0119-15-01, was repealed 5-18-2015 by
Ord. No. 0518-15-01.
B.
Permitted routes and trails. No person shall operate an all-terrain
vehicle upon any public highway or park or any other public property
in the City except as hereinafter designed:
[Amended 2-16-2015 by Ord. No. 0119-15-01; 3-20-2017 by Ord. No. 0220-17-01; 5-15-2017 by Ord. No. 0515-17-01;2-18-2019 by Ord. No. 0121-19-02 ; 11-15-2021 by Ord. No. 1018-21-01]
(1)
ATVs and UTVs may be operated on all City streets with posted speed
limit of 35 mph or less.
C.
Conditions of designation of routes and trails.
(1)
All-terrain vehicles routes and trails cannot be utilized until after
the Common Council posts the routes and trails in accordance with
§ 23.33, Wis. Stats., § NR 64.12, Wis. Adm. Code,
and the Uniform Trail and Route Signing Handbook created by the Wisconsin
Department of Natural Resources and the Department of Transportation.
(2)
The permitted routes and trails shall be placed upon a City map designated
as the "Official City of New Lisbon All-Terrain Vehicle Route and
Trail Map" which shall be made available for public inspection at
the City Hall.
D.
Penalties. The penalties enumerated in § 23.33(13), Wis.
Stats., are incorporated by reference.
[Amended 10-21-2013 by Ord. No. 2013-1]
[Added 10-15-2018 by Ord.
No. 0917-18-01]
No mobile recreational vehicle may be used within the City of New Lisbon for dwelling purposes, either temporary or permanent, on any land located outside the City-owned campground; except that a mobile recreational vehicle may be used for such dwelling purposes no more than once in any three-month period, and for no longer than 96 consecutive hours. Occupancy within the campground is permitted from April 1 to October 15. Such occupancy period in Riverside Campground may be extended by special permit as approved by the City. For purposes of this section, "mobile recreational vehicle" has the same meaning as specified in § 500-46 of the New Lisbon Code.
