[Added 6-12-2012 by Ord. No. 226]
As used in this article, the following terms shall have the
meanings indicated:
A self-propelled motor vehicle that conforms to the definition
and requirements for low-speed vehicles as adopted in the Federal
Motor Vehicle Safety Standards for "low-speed vehicles" under 49 CFR
571.3(b) and 571.500. Electric golf carts are excluded from the definition
of a LSV.
LSVs shall have four wheels, shall have a speed range of at
least 20 miles per hour on paved surfaces; and shall have a gross
vehicle weight at rest of less than 2,500 pounds. LSVs shall meet
the general test conditions under 49 CFR 571.50056, and shall have
all of the following items of equipment:
A.
Headlamps;
B.
Front and rear turn signals;
C.
Stop lamps;
D.
Reflex reflectors: one red on each side as far to the rear as practicable,
and one red on the rear;
E.
An exterior mirror mounted on the driver's side and either an exterior
mirror on the passenger side or an interior rear-view mirror;
F.
Parking brake;
G.
A windshield that conforms to the requirements of the Federal Motor
Vehicle Safety Standard on glazing materials (49 CFR 571.205);
H.
A vehicle identification number (VIN) that complies with federal
law (49 CFR 565); and
I.
A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209,
and Federal Motor Safety Standard No. 209, for each designated seating
position.
Individuals may operate a LSV on any street or roadway within
the jurisdictional limits of the City of Markesan that has posted
speed limits of 35 miles per hour or less.
Any person operating a LSV within the jurisdictional limits
of the City of Markesan shall hold a valid Wisconsin driver's license.
The penalty provisions and enforcement of this article regulating the operation and use of low-speed vehicles within the City of Markesan shall be pursuant to Articles XVI and XVII of this chapter.
[Added 8-14-2018 by Ord.
No. 243]
A.
Purpose. The purpose of this section is to establish routes and operation
of golf carts within the City limits.
B.
Definition. "Golf cart" is defined as a motorized vehicle with four
wheels which is not designed to be operated at a speed of more than
25 miles per hour. Said golf cart is generally designed to carry two
to four persons, including the driver.
C.
Standard equipment regulations. Each golf cart shall be equipped
with the following before operating on any City street: brakes, headlights,
taillights, rear view mirror, "slow moving vehicle" sign, and a safety
flag on a staff holder to put such flag at least eight feet above
the road surface.
D.
Proof of liability insurance. As part of the permit process, the
owner of the golf cart must provide a certificate of insurance listing
the company, policy term, and minimum limits of liability of $100,000
per person, $300,000 per accident and $5,000 medical before a permit
will be issued.
E.
The operation of golf carts is not subject to the provisions of this
chapter under the following circumstances:
F.
Operational regulations. Each operator of a golf cart shall comply
with the following:
(1)
Each operator of a golf cart must be at least 16 years old and
have a valid driver's license. For the purposes of this section, an
instructional permit shall not be considered as a valid driver's license
nor shall any license that has been revoked, temporary or otherwise,
or suspended for any reason, be considered as a valid driver's license
during the period of suspension or revocation.
(2)
Operator shall display the City of Markesan sticker prominently
on the left front fender.
(3)
All riders must remain seated when the golf cart is in motion.
(4)
The seating capacity shall be no more than the cart was designated
for but in no case shall be more than two front and two rear passengers.
The operator and/or passenger shall not be permitted to stand while
the golf cart is in operation.
(5)
Golf carts may be operated on City streets between April 1 and
November 1 of each calendar year and between sunrise and sunset.
(6)
Golf carts may not be operated on City streets during inclement
weather such as rain, snow, fog, or when visibility may be 500 feet
or less.
(7)
No golf cart shall exceed the posted speed limit.
(8)
Golf carts shall operate in single file on the far right side
of the roadway.
(9)
No item can be towed by a golf cart.
(10)
No operator/person shall leave or allow any golf cart owned
or operated by him/her to remain unattended on any public street,
highway or public property while the motor is running or with the
starting key left in the ignition.
(11)
Each golf cart shall be operated in compliance with the City
motor vehicle ordinances and/or Wisconsin motor vehicle statutes.
(12)
Golf carts shall only be operated on City streets which have
a posted speed limit of 25 miles per hour or less.
(13)
The operator of a golf cart shall yield the right away to overtaking
motor vehicles.
(14)
Golf carts shall not be operated on any sidewalk, pedestrian
walkway, jogging path, greenway, park, and trails except for official
police business or by City personnel while on City business.
(15)
Golf carts may only be parked in the same manner and at the
same places designated for the parking of motor vehicles. The stopping,
standing or parking of golf carts in the area where parking is not
allowed or in any place that impedes the flow of traffic, pedestrian
walkways or a passageway is prohibited.
(16)
Golf carts shall not be operated on any roadway or vehicle path
within the cemeteries within the City except for official use by city
personnel.
(17)
Golf cart operators must use proper hand signals when turning
if the golf cart is not equipped with turn signals.
G.
Permits.
(1)
The permit, notwithstanding the date of purchase, shall be valid
only from April 1 to November 1 during the calendar year of purchase.
The permit will cost $50 for the first year of registration and $25
for subsequent yearly registration.
(3)
Owners may request a permit by mail upon submitting a completed
application form, certificate of insurance, proof of a valid driver's
license, and a permit fee to the City of Markesan.
(4)
Golf carts must be inspected by the Chief of Police prior to
the issuance of a permit.
[Added 9-11-2018 by Ord.
No. 245]
A.
Intent. The City of Markesan adopts the following all-terrain vehicle and utility terrain vehicle ordinance/route for the operation of all-terrain vehicles and utility terrain vehicles upon the roadways listed in Subsection C below. 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 section has been created.
B.
Statutory authority. These routes are created pursuant to city authority
under §§ 62.11(5) and 23.33(8)(B), Wis. Stats. The
provisions of § 23.33 of the Wisconsin Statutes, and subsequent
amendments thereto, are hereby incorporated herein by reference as
part of this section, except for those provisions therein which conflict
with this section. Further, the definitions set forth in § 23.33(1)
of the Wisconsin Statutes are hereby adopted and incorporated herein.
C.
Routes. The following roads are designates as routes:
(1)
All City streets having a speed limit of 35 mph or less are
ATV/UTV routes unless prohibited by signs posted by the City.
D.
Conditions. In addition to the provisions of § 23.33, Wis.
Stats., as a condition for the use of this route, the following conditions
shall apply to all operators (and passengers where applicable):
(1)
All ATV/UTV operators must carry liability insurance coverage
and such operator has in his/her immediate possession a certificate
or proof of insurance covering such vehicle which shall be displayed
upon demand from any traffic officer.
(2)
All ATVs/UTVs must be properly registered with the Department
of Natural Resources prior to operating on any routes.
(3)
All ATV/UTV operators shall observe posted speed limits.
(4)
All ATV/UTV operators shall slow the vehicle to 15 mph or less
when operating within 150 feet of a dwelling.
(5)
All ATV/UTV operators shall operate on paved portions of the
roadway only. Operation on gravel shoulders, grassy in-slopes, ditches,
or other highway/roadway rights-of-way are prohibited.
(6)
All ATV/UTV operators shall ride single file on the right-hand
side of the paved portion of the highway.
(7)
All ATV/UTV operators shall have a headlight and taillight illuminated
while operating on a roadway.
(8)
All ATV/UTV operators who are born after ATV/UTV operators who
are born after January 1, 1988, and operating on City road/highway
are required to have an ATV Safety Certificate provided by the Department
of Natural Resources.
(9)
ATV/UTV operators shall be 16 years of age or older.
(10)
ATV/UTV operators under 18 years of age shall wear protective
headgear of the type required by § 347.485(1)(a), Wis. Stats.
(11)
ATV/UTV operators shall engage in recreational use of the routes
between 6:00 a.m. and 10:00 p.m. only.
(12)
No open intoxicants are allowed while operating on, or as a
passenger in, any ATV/UTV in the City.
(13)
All Wisconsin Statutes related to the operation of an ATV/UTV
while under the influence of alcohol or a restricted controlled substance
will be strictly enforced, including absolute sobriety by ATV/UTV
operators under the age of 21.
(14)
The City of Markesan may close ATV/UTV routes at any time through
removal of all route signage and by providing notice to the public.
E.
Signage. Routes must be signed in accordance with Wisconsin Administrative
Code NR 64.12. The Green Lake County Highway Department and Markesan
Public Works has the sole responsibility and authority to post signs
on ATV/UTV routes.
F.
Enforcement. This section shall be enforced by any law enforcement
officer of the Markesan Police Department or any other law enforcement
official as set forth in § 23.33(12), Wis. Stats.
G.
Penalties. Wisconsin state all-terrain vehicle/utility terrain vehicle
penalties as found in § 23.33(13)(a), Wis. Stats., and hereafter
amended, are adopted by reference.
H.
Severability. The provision of this section shall be deemed severable
and it is expressly declared that the City of Markesan would have
passed the other provisions of this section irrespective of whether
or not one or more provisions 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 other person's circumstances shall not be deemed
affected.
I.
Maintenance. Designation of City of Markesan streets as an ATV/UTV
route does not impose upon the Green Lake County Highway Department
or the City of Markesan Public Works a greater duty of care or responsibility
for maintenance of those streets than for any other segment of county
highway. Operators of ATVs/UTVs on City streets assume the usual and
normal risks of ATV/UTV operation.
