[HISTORY: Adopted by the Board of Supervisors of Grant County 4-16-2013 by Ord. No. 65; amended in its entirety 4-16-2018 by Ord. No. 65. Subsequent amendments noted where applicable.]
The purpose of this chapter is to establish an all-terrain vehicle/utility-terrain vehicle route and provide safe and enjoyable all-terrain vehicle/utility-terrain vehicle recreation consistent with public rights and interests pursuant to § 23.33(8)(b) and 23.33(11), Wis. Stats.
[Amended 11-13-2018 by Ord. No. 65]
The provisions of this chapter shall apply to the areas designated in § 268-4, including roadways within the jurisdiction of the County. The provisions of this chapter shall be enforced by the Grant County Sheriff's Office.
Adoption of this chapter shall not prohibit any law enforcement officer or DNR warden from proceeding under any other ordinance, regulation, statute, law or order that pertains to the subject matter addressed under this section.
Grant County hereby adopts and incorporates § 23.33, Wis. Stats., for all other provisions not specifically covered by this chapter.
The following limitations apply on all areas designated in § 268-4 of this chapter.
No ATV/UTV shall be operated at a speed greater than posted speed limits.
No ATV/UTV may be operated on any designated route without fully functional headlights, taillights, and brake lights.
ATV/UTVs may be operated on paved roadway surfaces only.
No ATV/UTV may be operated on any designated route between the hours of 1:00 a.m. to 5:00 a.m. daily.
No person under the age of 16 may operate an ATV/UTV on any designated route.
No person under the age of 18 may operate, or ride as a passenger in or on an ATV/UTV on any designated route unless wearing approved protective head gear.
No ATV/UTV may be operated on any designated route which ATV/UTV does not meet all applicable Wisconsin State noise pollution standards.
All occupants in an UTV are required to wear a seat belt.
Grant County ATV/UTV routes are open year-round.
No open intoxicants are allowed while operating on, or as a passenger in, any ATV or UTV on any road or approved ATV-UTV route within Grant County.
The area designated as an all-terrain vehicle/utility-terrain vehicle route shall be as follows:
All County highways within Grant County, unless posted otherwise. This includes operation of ATVs/UTVs on BUS151/CTH D to cross the bridge over USH 151 from Pioneer Road East to College Farm Road (approximately 3,350 feet), with the following requirements:
Cross the bridge in the most direct manner practicable and at a place where no obstruction prevents a quick and safe crossing.
Stay as far to the right of the roadway or shoulder as practicable.
Stop the vehicle prior to the crossing.
Yield the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway or shoulder.
Exit the highway as quickly and safely as practicable after crossing the bridge.
The Grant County Highway Commissioner shall have the authority to suspend operation in any of the above areas for up to 90 days due to hazard, construction, or emergency conditions in any highway segment listed above. The Grant County Highway Commissioner shall also have the authority to designate for up to 90 days alternate routes for any of the above authorized highway segments that might be so closed.
All required designated route signs shall be paid for and installed by an ATV/UTV club, approved and under the direction of the Grant County Highway Commissioner.
All signs posted shall be in compliance with the federal manual on uniform traffic control devices.
No sign may be mounted on any existing County sign post, unless authorized by the Grant County Highway Commissioner or designee.
No person may erect, remove, obscure, or deface any official designated route sign unless authorized by the Grant County Highway Commissioner or designee.
No person shall operate an ATV/UTV contrary to any authorized and official posted sign.
The penalty for violation of any other provision of this chapter for which no specific penalty is specified shall be not more than $50 plus costs.
A judgment obtained under the sections and subsections of Chapter 268 of the Grant County Code may be enforced in the same manner as any civil judgment. Penalties imposed for violations of said ordinances of Grant County shall be made according to the schedule of forfeitures listed in § 268-6 of the Grant County Code as hereinafter enacted. The procedure set forth in § 800.09, Wis. Stats., shall apply to all violations of the sections and subsections of Chapter 268 of the Grant County Code.
Persons accused of violating such ordinances may be cited and summoned to appear in the Grant County Circuit Court by use of one of the forms of appropriate municipal citations. A uniform appearance deposit may be required of any person issued a citation and summons for a violation of any ordinance enacted under Chapter 268 of the Grant County Code. Upon default in payment of the prescribed forfeiture plus all applicable court costs and restitution, the Grant County Circuit Court shall follow the procedures set forth in § 800.095, Wis. Stats., including imprisonment in the County Jail for a period not to exceed 90 days, performance of a community service work or suspension of the person's Wisconsin operating privileges as set forth in § 800.095(4)(b), Wis. Stats.
If the circuit court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and further finds that the violation resulted in damage to the property or physical injury to a person other than the alleged violator, the circuit court may order restitution to be paid by the violator as part of the judgment pursuant to § 800.093, Wis. Stats.
Any juvenile who violates this section shall be subject to the forfeitures prescribed in § 268-6 of this chapter except that the provisions for the incarceration in jail for the nonpayment of forfeiture shall not apply to juveniles.
Upon default of payment of any forfeiture imposed by this chapter, a court may order any license issued to a juvenile under Chapter 29 of the Wisconsin Statutes suspended or may order the child's operating privileges as defined in § 340.01(40) of the Wisconsin Statutes suspended for not less than 30 days or more than 90 days. Prior to suspension of licenses under this subsection, the court shall make a finding that the juvenile alone is financially able to pay the amount of the forfeiture and shall allow up to 12 months for the juvenile to make payment. The court shall immediately take possession of any suspended license and forward it to the department which issued the license together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the first 30 days after the license is suspended, the suspension shall be reduced to the minimum period of 30 days. If it is paid thereafter, the court shall immediately notify the appropriate department which will thereupon return the license to the person.
A uniform County ordinance violation citation shall be created and reproduced in such a fashion as to provide alleged violators with proper notice of the ordinance violation alleged and date, time and place of said violation along with a summons to appear before the circuit court for Grant County at the courthouse in Lancaster, Wisconsin, at a date and time specified in the citation and shall provide an option of posting a uniform forfeiture deposit in lieu of the defendant's appearance on that date. The form of such citation and summons shall be on file in the office of the Clerk of Court.
Other uniform citations adopted by the State of Wisconsin for the use of counties and other municipalities may be used in the prosecution of violations under this chapter.