[Amended 12-5-2018]
The provisions describing and defining regulations with respect to all-terrain vehicles and utility terrain vehicles in § 23.33, Wis. Stats., and any future amendments or revisions, except as hereafter stated herein, are adopted by reference and made part of this article as if fully set forth herein. Any acts required to be performed by this statute or which are prohibited by such statute are required to be performed by this statute or are prohibited by this statute. The provisions of this article shall be enforced by the Argyle Police Department. Nothing contained herein shall prevent any other law enforcement agency, including the Wisconsin Department of Natural Resources, from enforcing the provisions of this article. The provisions of § 23.33(13), Wis., Stats., regarding penalties, except any penalty for imprisonment, are hereby adopted by reference, including any future amendments or replacements, and shall apply to any violation of this article.
A. 
Purpose.
(1) 
The unauthorized off-road operation of motor vehicles has resulted in serious damage to public and private lands including damage or destruction of vegetation, animal life and improvement to the lands;
(2) 
The unauthorized off-road operation of motor vehicles has resulted in the permanent scarring of land and an increase in both erosion and air pollution;
(3) 
The unauthorized off-road operation of motor vehicles has resulted in collisions and near collisions threatening the life and safety of the operators of such vehicles as well as of other persons; and
(4) 
The unauthorized off-road operation of motor vehicles has resulted in a loss of the privacy, quietude and serenity to which the owners and users of land are rightfully entitled.
B. 
Definitions. For purposes of this section, the terms below shall be defined as follows:
MOTOR VEHICLE
For purposes of this section, 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, utility 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:
[Amended 12-5-2018]
(1) 
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.
(2) 
It is being operated by or at the direction of public employees or utility company employees as part of their employment duties.
(3) 
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:
(1) 
Is not a paved or maintained public street or alley;
(2) 
Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or
(3) 
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 creekbed, riverbed or lake; provided, however, that this subsection shall not apply to snowmobiles or other vehicles being operated on the ice covering such creekbed, riverbed or lake.
OPERATION
The physical manipulation or activation of any of the controls of a motor 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.
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 Village Board, 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 Village 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.
[Amended 7-11-2012]
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, off-the-road trail bikes and motorized bicycles.
[Amended 12-5-2018]
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, utility terrain vehicles, and all other vehicles not registered pursuant to Chapter 341 of the Wisconsin Statutes.
[Amended 12-5-2018]
B. 
Operation of minibikes and self-propelled vehicles. Except as authorized by other provisions of this Code of Ordinances, no person shall operate a minibike or self-propelled vehicle in the Village of Argyle.
[Amended 12-5-2018]
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. 
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.
[1]
Editor's Note: Former § 541-13, All-terrain vehicles prohibited, as amended, was superseded by ordinance adopted 10-5-2016.