[HISTORY: Adopted by the Common Council of the City of Fox Lake 12-12-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 205.
Snowmobiles — See Ch. 410.
Vehicles and traffic — See Ch. 462.
[1]
Editor's Note: This ordinance also superseded former Ch. 459, Vehicles, All-Terrain and Off-Road, adopted as Title 10, Ch. 4, of the 1997 Code, as amended.
The provisions describing and defining regulations with respect to all-terrain vehicles and utility-terrain vehicles under § 23.33, Wis. Stats., and to the extent applicable, Chapters 340 through 348, Wis. Stats., and Ch. NR 64, Wis. Adm. Code, any future amendments or revisions, are hereby adopted by reference and made part of this chapter as if fully set forth herein. Any acts required to be performed by the following statute or which are prohibited by the statute are required to be performed by this chapter or are prohibited by this chapter.
A. 
Definitions. For purposes of this chapter, the terms below shall be defined as follows:
MOTOR VEHICLE
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, utility-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 chapter shall not be so defined while it is being operated:
(1) 
Solely for the purpose of construction or maintenance of an improvement to land or solely for access to construction or maintenance sites, provided that such operation is by persons having legitimate business on such lands or sites.
(2) 
By or at the direction of public employees or utility company employees as part of their employment duties.
(3) 
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
(1) 
Any location which:
(a) 
Is not a paved or maintained public street or alley;
(b) 
Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or
(c) 
Is a private trail for use only by the owner or his/her permittees for recreational or other vehicular use.
(2) 
"Off-road" shall not include any creek bed, riverbed or lake; provided, however, that this subsection shall not apply to snowmobiles or other vehicles being operated on the ice covering such creek bed, 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.
B. 
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, all-terrain vehicles or utility-terrain vehicles operating in areas authorized by the Common Council, it shall be unlawful to operate any minibike, go-kart, all-terrain vehicle, utility-terrain vehicles 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.
A. 
These routes are created pursuant to City authority under Chapter 1 of the City of Fox Lake Ordinances and as authorized by § 23.33(8)(b), Wis. Stats.
B. 
All public roadways and streets within the City of Fox Lake are designated as all-terrain vehicle (ATV) and utility-terrain vehicle (UTV) routes, unless otherwise posted.
C. 
Under § 23.33(11)(am)4, Wis. Stats., the City of Fox Lake authorizes the operation of an ATV/UTV on the segments of State Trunk Highways 33 and 68, and County Trunk Highways A, C and P that have a posted speed limit of 35 miles per hour or less.
D. 
General conditions. As a condition for the use of this route, the following conditions shall apply to all operators and passengers:
(1) 
All ATV/UTV operators shall observe posted roadway speed limits.
(2) 
All ATV/UTV operators shall ride single file.
(3) 
Routes must be signed in accordance with Chs. NR 64.12 and NR 64.12(7)(c), Wis. Adm. Code.
(4) 
No ATV/UTV may be operated on any authorized route between 11:59 p.m. and 5:00 a.m. daily, unless a different restriction on hours of operation has been specified by the City of Fox Lake and notice of the same is duly posted.
(5) 
Every person who operates an ATV/UTV on an approved route shall have in his or her immediate possession a valid motor vehicle operator's license and shall display the license upon demand from any law enforcement officer or official described in § 23.33(12), Wis. Stats.
State of Wisconsin all-terrain vehicle and utility-terrain vehicle penalties, as found in § 23.33, Wis. Stats., are adopted by reference.
This chapter shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin as authorized under § 23.33(12), Wis. Stats.
The provisions of this chapter shall be deemed severable, and it is expressly declared that the City would have passed the other provisions of this chapter, irrespective of whether or not one or more provisions may be declared invalid. If any provisions of this chapter or the application to any person or circumstances is held invalid, the remainder of the chapter and the application of such provisions to other persons' circumstances shall not be deemed affected.
This chapter becomes effective upon passage and publication.