[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.
[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.