[Adopted 11-14-1988]
Subject to conflicting provisions of the Wisconsin Statutes and Wisconsin Administrative Code, if any, it shall be unlawful for any person to operate within the Town limits of the Town of Genesee any off-the-road vehicle on any property unless authorized by this article. The provisions of § 23.33, All-terrain vehicles and utility terrain vehicles, of the Wisconsin Statutes are adopted by reference and shall control in the event of any conflict between this article and said § 23.33.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Off-the-road vehicles may be operated:
A. 
On the premises owned by the operator or member of the family of the operator if said operator resides on the premises where said vehicle is being operated. Operation of said vehicle shall be between the hours of 9:00 a.m. and 6:00 p.m. and be such that the noise from said vehicle does not cause a nuisance and annoyance to other persons residing near said operation.
B. 
In those areas designated by the Genesee Town Board as approved vehicle parks pursuant to the terms and conditions set by the Genesee Town Board.
C. 
On premises owned by someone other than the operator if the operator possesses a proper permit therefor from the Town Board.
(1) 
All applications for permits hereunder shall be made in writing upon the written form provided by the Town and distributed by the Town Clerk and shall be signed by the applicant and filed with the Town Clerk. The Town Clerk shall immediately refer all applications for permits hereunder to the Town Board. The Town Board may grant special permission to an applicant to operate a vehicle regulated herein, on property owned by another, only if, in its discretion, it feels said permit will not create a nuisance or prove injurious to the health, safety and welfare of the surrounding properties and neighbors as well as the community as a whole. The Town Clerk shall issue a permit hereunder only after first receiving the approval of the Town Board. All applications shall require the following:
(a) 
Written permission must be received and filed with the Town from all residents on and landowners of the land on which it is being proposed to operate said vehicle.
(b) 
Written permission must be received and filed with the Town from all neighboring landowners and all adult residents thereon of all lands within 300 feet of the property on which the vehicle(s) is proposed to be operated. Said permission must state that those owners and residents have no objection.
(c) 
The owner of the property must live on the property that is going to be used for riding.
(d) 
Proof that the land on which the operation is proposed is at least 10 acres in size.
(2) 
All permits granted by the Town Board under this section are subject to the following conditions:
(a) 
The name and address of the operator must be on file with the Town Clerk.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
The owner of the land may revoke his permission to ride in the permitted area at any time upon notice to the operator and Town Board.
(c) 
Permitted hours of operation shall be between the hours of 9:00 a.m. and 6:00 p.m. and operation shall be such that the noise from said vehicle does not cause a nuisance and annoyance to other persons residing near the operation.
(d) 
All permits issued hereunder shall expire on December 31 following the date of issue.
(e) 
The operator must have the permit in his/her possession during all periods of operation.
(f) 
Only the named permittee may use the permit.
(3) 
The Town Board reserves the right to revoke any permit granted under this section in the event the Town Board receives justified complaints in regard to the operation of the off-the-road vehicle after written notice of the complaints is given to the permittee and said permittee is given an opportunity to be heard in regard to the same.
(4) 
A permit will not be required in the Town of Genesee for off-the-road vehicles for certain uses. The following uses are exempt from requiring a permit when off-the-road vehicles are used:
[Added 11-9-2009 by Ord. No. 09-3]
(a) 
For special events (i.e., parades, charitable events or fund-raisers at licensed establishments).
(b) 
For construction or land surveying.
(c) 
For landscaping, lawn maintenance or snow removal.
(d) 
Maintenance or animal care for farming and/or agricultural businesses.
As used in this article, the following terms shall have the meanings indicated:
APPROVED VEHICLE PARKS
Those areas within the Town limits of the Town of Genesee which are specifically approved by the Genesee Town Board for operation of off-the-road vehicles.
OFF-THE-ROAD VEHICLE
Any minibike, trail bike, all-terrain vehicle, go-cart, or other similar self-propelled vehicles (expressly excluding snowmobiles which are regulated by Wisconsin Statutes) which are commonly operated off the traveled portion of the public thoroughfare, whether currently being used on or off the road and whether registered or nonregistered.[1]
OPERATOR
A person who drives or is in actual physical control of the vehicle herein regulated.
PUBLIC THOROUGHFARE
Includes public road, street, alley, highway, freeway, interstate, county trunk highway or public right-of-way.
TRAVELED PORTION
The paved or otherwise surfaced portion of the roadway and the prepared shoulder, but shall include the grass area within the statutory limits of the highways and contiguous to the traveled portion thereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 9-12-1994 by Ord. No. 94-6[1]]
Each violation of any provision of this article shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).