Village of Clyman, WI Chapter 400 Vehicles, All-Terrain and Off-Road

[HISTORY: Adopted by the Village Board of the Village of Clyman as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Snow mobiles and all-terrain vehicles — See Ch. 357.

Vehicles and traffic — See Ch. 405.

Article I State Statutes; Unauthorized Operation

[Adopted as Title 10, Ch. 4, of the 1998 Village Code of Ordinances]

§ 400-1 State all-terrain vehicle laws adopted.

The provisions describing and defining regulations with respect to all-terrain vehicles in the following-enumerated subsections of § 23.33, Wis. Stats., and any future amendments or revisions, are hereby adopted by reference and made part of this section as if fully set forth herein. The statutory sections adopted by reference herein shall be designated as part of this Code by adding the prefix "400-1-" to each statute section number. Any acts required to be performed by the following statutory subsections or which are prohibited by such statutory subsections are required to be performed by this section or are prohibited by this section:

23.33(2)	Registration
23.33(3)	Rules of operation [including Subsections (a) through (i)]
23.33(4)	Operation on or near highway [including Subsections (a) through (e)]
23.33(5)(a)(c)	Age restrictions
23.33(6)	Equipment requirements [including Subsections (a) through (e)]
23.33(7)	Accidents [including Subsections (a) and (b)]
23.33(1)	Definitions [including Subsections (a) through (n)]

§ 400-2 Unauthorized operation of motor vehicles on public or private property.

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; and

(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; and

(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, 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:

(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; or

(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 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.

Article II Routes; Regulating Vehicle Operation

[Adopted 4-22-2013 by Ord. No. 2013-012]

§ 400-3 Intent.

A. The Village of Clyman, Dodge County, adopts the following all-terrain vehicle route for the operation of all-terrain vehicles upon the roadways listed in § 400-5.

B. Following due consideration of the recreational value to connect trail opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, this route(s) has been created.

§ 400-4 Statutory authority.

A. This route is created pursuant to Village authority, as authorized by § 23.33(8)(b), Wis. Stats.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. The applicable provisions of § 23.33, Wis. Stats., regulating ATV operation pursuant to routes are adopted.

§ 400-5 Routes.

The following streets are designated as routes:

A. Main Street, beginning at the Village sign located on Junction Road and continuing south across Territorial and along Main Street, to the South End of the Village Parking Lot located on Main Street.

B. Said route is further described and identified by the attached map.[1]

[1] Editor's Note: Said map is on file in the Village office.

§ 400-6 Conditions.

As a condition for the use of this route, the following conditions shall apply to all operators (and passengers):

A. All ATV operators shall observe posted roadway speed limits.

B. All ATV operators shall ride single file.

C. All ATV operators shall slow the vehicle to 10 mph within 150 feet of a dwelling.

D. Routes must be signed in accordance with §§ NR 64.12 and NR 64.12(7)(c).

§ 400-7 Enforcement.

This article shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.

§ 400-8 Violations and penalties.

Wisconsin State all-terrain vehicle penalties as found in § 23.33(13)(a), Wis. Stats., are adopted by reference.

§ 400-9 Severability; revocation.

A. The provision of this ordinance shall be deemed severable and it is expressly declared that the Village would have passed the other provisions of this ordinance irrespective of whether o not one or more provisions may be declared invalid. If any provision of this ordinance or the application to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provisions to other persons circumstances shall not be deemed affected.

B. In the event there are too many violations or failure to obey the rules, the Village of Clyman shall have the right to revoke this article at any time without any penalties incurred to said Village.