[Amended 8-15-2013 by Ord. No. 2013-8-2; 1-23-2025 by Ord. No. O2025-01-01]
A. 
Purpose. The purpose of this article is to establish all-terrain vehicle and utility terrain vehicle routes in the Village and to regulate the operation of all-terrain vehicles and utility terrain vehicles in the community.
B. 
Authority. The Village Board of the Village of Richfield, Washington County, Wisconsin, has the specific authority to adopt this All-Terrain Vehicle and Utility Terrain Vehicle Ordinance under § 23.33(8)(b) and (11), Wis. Stats.
C. 
Definitions.
ALL-TERRAIN VEHICLE (ATV)
A commercially designed and manufactured motor-driven device that does not meet federal motor vehicle safety standards effective 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 paved road, and that has, and was manufactured with, all of the following:
(1) 
A weight, without fluids, of 900 pounds or less.
(2) 
Travels on three or more tires.
(3) 
Is equipped with a seat designed to be straddled by the operator.
(4) 
A width of no more than 50 inches, as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle's basic operation.
OFF-HIGHWAY VEHICLE
Any motor-driven vehicle which is designated for off-highway recreation, including dirt bikes, power-driven cycles, and minibikes, but excluding tractors and mopeds.
UTILITY-TERRAIN VEHICLE (UTV)
A commercially designed and manufactured motor driven device that does not meet federal motor vehicle safety standards effective 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 manufactured with, all of the following:
(1) 
A weight, without fluids, of 3,000 pounds or less.
(2) 
Four or more tires.
(3) 
A steering wheel.
(4) 
A tail light.
(5) 
A brake light.
(6) 
Two headlights.
(7) 
A width of not more than 65 inches as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle's basic operation.
(8) 
A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
(9) 
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.
(10) 
A commercially designed and manufactured motor driven device to which all of the following applies:
(a) 
It does not meet federal motor vehicle safety standards in effect on July 1, 2012; is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle; is designed to be used primarily off of a highway; and has, and was originally manufactured with, a weight, without fluids, of not more than 3,000 pounds.
(b) 
It has a width of 65 inches or less as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle's basic operation.
(c) 
It is equipped with a seat designed to be straddled by the operator.
(d) 
It travels on three or more tires.
(e) 
It is not an ATV, as defined in § 340.01(2g) Wis. Stats.
(11) 
All other applicable words and phrases defined in § 23.33 and § 340.01 Wis. Stats. are incorporated by reference in this ordinance.
A. 
Enforcement. This article may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin and additionally as stated in the Village's citation authority ordinance adopted per § 66.0113, Wis. Stats.
B. 
Penalties. The penalties under § 23.33(13), Wis. Stats., are adopted by reference.
A. 
Operation of ATVs and UTVs. Pursuant to § 23.33(4)(d)4, Wis. Stats., except as otherwise provided in § 23.33(4), Wis. Stats., no person may operate an ATV and UTV on the roadway portion of any highway in the Village except on roadways that are designated as ATV and UTV routes by this article. Operation of ATVs and UTVs on a roadway in the Village that is an ATV and UTV 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.
B. 
Designation of ATV and UTV routes. All Village-maintained public rights-of-way are designated ATV and UTV routes in the Village.
C. 
Conditions applicable to ATV and UTV routes. Pursuant to § 23.33(8)(d), Wis. Stats., the following restrictions are placed on the use of the Village ATV and UTV routes designated by this article:
(1) 
Routes shall be marked with uniform ATV and UTV route signs in accordance with § 23.33(8)(e), Wis. Stats., and § NR 64.12(7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking Village ATV and UTV routes:
(a) 
Intentionally remove, damage, deface, move, or obstruct any uniform ATV and UTV route or trail sign or standard or intentionally interfere with the effective operation of any uniform ATV and UTV route or trail sign or standards if the sign or standard is legally placed by the state, any municipality, or any authorized individual.
(b) 
Possess any uniform ATV and UTV route or trail sign or standard of the type established by the department for the warning, instruction, or information of the public, unless he or she obtained the uniform ATV and UTV route or trail sign or standard in a lawful manner. Possession of a uniform ATV and UTV route or trail sign or standard creates a rebuttable presumption of illegal possession.
(2) 
Operation shall be subject to all provisions of § 23.33, Wis. Stats., which is adopted as a part of this article by reference, pursuant to § 23.33(11), Wis. Stats.
(a) 
A copy of this article shall be sent by the Village Clerk to the Department of Natural Resources, the Washington County Sheriff's Department and any other law enforcement agency serving the Village of Richfield's jurisdiction.
(b) 
All ATV and UTV operators shall observe posted roadway speed limits.
(c) 
All ATV and UTV operators shall be prohibited from riding between the hours of 10:00 p.m. to 5:00 a.m.
D. 
Prohibited operation. No person shall operate an off-highway vehicle, ATV and UTV, as follows:
(1) 
On the property of another without his or her written consent.
(2) 
Operation of an ATV or UTV on any sidewalk, designated bicycle or pedestrian lane, gravel shoulder, ditch, or other area of any public right-of-way other than on the paved roadway is prohibited, unless specifically designated and posted otherwise by the Village, subject to any exemptions or exceptions to this rule as identified in Wisconsin Statutes § 23.33.
(3) 
In any Village-owned park, not including the parking lots or places of public parking or except as authorized by the Park Commission for special events.
(4) 
So as to race the engine or cause unnecessary or unusual noise which annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of others.
(5) 
Operation shall be subject to Wisconsin Statutes § 23.33(6m) related to "Noise limits." No person may manufacture, sell, rent or operate an ATV or UTV 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 Department of Natural Resources.
(6) 
Operation shall be subject to Wisconsin Statutes § 23.33(6)(e) related to "mufflers." Every ATV or UTV is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spart arrester of a type approved by the U.S. Forest Service. This subsection does not apply to an ATV or UTV that is operated exclusively by means of an electric motor.