City of Brodhead, WI Article VI All-Terrain and Utility-Terrain Vehicles; Off-Road Operation of Vehicles

§ 432-38 All-terrain and utility-terrain vehicle laws adopted.

[Amended 2-14-2011; 5-17-2016]

The provisions describing and defining regulations with respect to all-terrain vehicles (ATV) or utility-terrain vehicles (UTV) in § 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. Any acts required to be performed by § 23.33, Wis. Stats., or which are prohibited by § 23.33, Wis. Stats., are required to be performed by this section or are prohibited by this section.

§ 432-39 Off-road operation of vehicles.

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 Common Council, 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 City 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.

§ 432-40 All-terrain and utility-terrain vehicle routes or trails; operation restrictions.

[Added 11-9-2009; amended 5-17-2016]

A. Purpose. The purpose of this section is to establish all-terrain vehicle (ATV) and utility-terrain (UTV) routes and trails in order to provide safe and enjoyable all-terrain vehicle (ATV) and utility-terrain vehicle (UTV) recreation consistent with public rights and interests.

B. Definitions. For purposes of this section, the terms as defined in § 23.33(1), Wis. Stats., and any future amendments or revisions, are hereby adopted by reference and made a part of this section as if fully set forth herein.

C. Unauthorized off-route or trail operation prohibited.

(1) No person shall operate an all-terrain or utility-terrain vehicle except on those all-terrain or utility-terrain vehicle routes or trails designated in Subsection E of this section.

(2) Each designated route shall be appropriately and conspicuously marked with route, speed limit, stop and directional signs at the beginning of the route and at such intervals as are necessary to enable operators to follow the route.

(3) The Director of Public Works, or his or her designee, is directed and authorized to procure, erect and maintain appropriate ATV/UTV route, trail and limit signs and markers as approved by the State Department of Natural Resources, subject to the City obtaining the necessary funding for such signage. The Chief of Police shall have the power to declare the stated ATV/UTV routes and trails either open or closed.

D. Rules of operation.

[Amended 7-17-2018 by Ord. No. 2018-003]

(1) No person shall drive an all-terrain vehicle or utility-terrain vehicle at a speed in excess of that posted limit as indicated by official signs posted on a designated route.

(2) The operator of an all-terrain vehicle or utility-terrain vehicle shall drive at all times in single file on the extreme right side of the designated route and shall yield to vulnerable highway users, as defined by § 340.01 (74p), Wis. Stats., or its successor statute.

(3) Applicability of state traffic regulations. No person shall operate an all-terrain vehicle or utility-terrain vehicle upon any street, highway or alley within the City of Brodhead in violation of the state traffic regulation provisions as incorporated by reference in § 432-1 of the Code of Ordinances.

(4) Unattended vehicles. No person shall leave or allow an all-terrain vehicle or utility-terrain vehicle owned or operated by him or her to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.

(5) Operation on sidewalks prohibited. No person shall operate an all-terrain vehicle or utility-terrain vehicle upon any sidewalk, pedestrianway or upon the area between the sidewalk and the curbline of any street in the City, except for the purpose of crossing to obtain immediate access to an authorized area of operation.

E. Routes designated.

[Amended 7-17-2018 by Ord. No. 2018-003]

(1) All streets within the corporate boundaries of the City of Brodhead and which have a posted speed limit of 35 miles per hour or less are designated as all-terrain vehicle or utility-terrain vehicle routes, except for the following City streets:

(a) 1st Street (State Highway 11).

(b) 1st Center Avenue (State Highway 11).

(2) The crossing of a street which is prohibited in Subsection E(1), above, is authorized only if the crossing is done in the most direct manner in order to access the closest authorized route.

F. Penalty. Any person who violates any provision of this section shall be subject to forfeiture as specified in § 1-4 or, if applicable, § 23.33(13), Wis. Stats.

G. Enforcement.

(1) Uniform citation for highway violations. The uniform traffic citation promulgated under § 345.11(1r), Wis. Stats., shall be used for violations of this section relating to highway use except as herein provided.

(2) Parking violations. The special traffic citation described and defined in § 432-37B(2), Vehicles and Traffic, of the Code of the City of Brodhead shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in Subsection D(3).

(3) Other violations. All violations of this chapter not described in Subsection C through D shall be enforced in accordance with §§ 66.0114 and 66.0111, Wis. Stats. Stipulations of guilt or no contest may be made as provided in § 66.0114(1)(b), Wis. Stats., in substantially the form provided in the uniform traffic citation within five days of the date of the citation for such violation. Bail deposits may also be made under § 66.0114, Wis. Stats.

(4) Police Department to receive stipulations and penalties. Stipulations, forfeited penalties and deposits for obtaining release from arrest authorized under this chapter may be accepted at the Police Department offices.

(5) Forfeited penalties and deposits. Except as otherwise provided in § 345.26, Wis. Stats., and the deposit schedule adopted by the Wisconsin Judicial Conference thereunder, required penalties and deposits or bail, not including costs or fees for violation of this chapter, shall be as established by the schedule adopted by the Common Council.