[Amended 5-10-2004 by Ord. No. 2004-03]
Except as otherwise specifically provided in this chapter, the
statutory provisions describing and defining regulations with respect
to all-terrain vehicles in the following enumerated section and its
subsections of the Wisconsin Statutes are hereby adopted by reference
and made part of this chapter as if fully set forth herein. Acts required
to be performed or prohibited by such statutes are required or prohibited
by this chapter. Any future amendments, revisions, or modifications
of the statutes incorporated herein by reference made by the Wisconsin
State Legislature are intended to be made part of this Code.
§ 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(2m)
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Rental of all-terrain vehicles
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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(3g)
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Use of headgear (only applies to those under the age of 18 years
of age)
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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(4c)
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Intoxicated operation of an all-terrain vehicle, first offense,
including Subsection (a)1 and 2
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§ 23.33(4c)(a)3
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Operation with alcohol concentrations at specified levels, below
age 19
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§ 23.33(4p)(e)
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Refusal to take chemical test, first offense
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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)(f)
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Interference with signs and standards prohibited
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§ 23.33(12)(b)
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Failure to stop for law enforcement officer
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[Added 10-8-2018 by Ord.
No. 2018-004; amended 5-13-2019 by Ord. No. 2019-003]
A. Intent. The City of Marion, Waupaca and Shawano County, Wisconsin, hereby adopts the following all terrain vehicle (ATV) and utility terrain vehicle (UTV) routes upon roadways listed in Subsection
C. Following due consideration of recreational value to connect trail opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and automobile traffic volume, this route(s) has been created.
B. Statutory authority. ATV/UTV routes created are pursuant to the authority
as authorized by §§ 23.33(8)(b) and 23.33(11)(am)4,
Wis. Stats. The applicable provisions of § 23.33, Wis. Stats.,
regulating ATV/UTV operations pursuant to routes and trails are also
adopted.
C. Routes and trails.
(1) The City of Marion reserves the right to close or modify routes and
trails at any time. Any restrictions of trails and routes shall be
designated by a motion and by majority of the City of Marion council
and shall be marked accordingly.
(2) The City of Marion or its designee shall maintain all routes and
trail signs within the City.
(3) All ATV/UTV routes and trails should be signed in accordance with
Ch. NR § 64.12, and NR § 64.12(7)(c).
(4) All city roads, streets, alleyways and transportation marked corridors
within the City of Marion are hereby designated as ATV/UTV routes.
Authorized private lands subject to public easement or leases are
designated ATV/UTV trails. The City of Marion authorizes the operation
of ATVs/UTVs on all county and state highways with a speed limit of
35 miles per hour or less located in the City of Marion. Any county
highway located in the City of Marion with a speed limit over 35 miles
per hour if authorized by ordinance established by the County of Waupaca
is designated as an ATV/UTV route. The City of Marion designates State
Highway 110 as an ATV/UTV route from Quarter Line Road to Bertram
Street subject to approval by the Wisconsin Department of Transportation
through a route order.
(5) The City of Marion or its designee will maintain a route and trail
map.
D. Conditions.
(1) All ATV/UTV operators on routes shall observe posted roadway speed
limits; not to exceed 35 mph.
(2) All ATV/UTV operators shall ride single file.
(3) Operators of ATV/UTV shall observe all laws of this state pertaining
to the use of an ATV/UTV.
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 ATV/UTV penalties as found in § 23.33(13)(a),
Wis. Stats., are adopted by reference.
G. Severability. The provision of this section shall be deemed severable
and it is expressly declared that the City of Marion would have passed
the other provisions of this section irrespective of whether or not
one or more provision 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 the other person's circumstances shall not be deemed
affected.
H. Effective date. This section shall become effective May 24, 2019.