[HISTORY: Adopted by the Village Board of the Village of
Brandon as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-14-1998 as Title 10, Ch. 4, of the 1998 Code]
[Amended 5-11-2015 by Ord. No. 2015-01]
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.
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(1)
|
Definitions [including Subsections (a) through (n)]
|
23.33(2)
|
Registration
|
23.33(3)
|
Rules of operation [including Subsections (a) through (i)]
|
23.33(4)
|
Operation on or near highways [including Subsections (a) through
(e)]
|
23.33(5)(a) and (c)
|
Age restrictions
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23.33(6)
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Equipment requirements [including Subsections (a) through (e)]
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23.33(7)
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Accidents [including Subsections (a) and (b)]
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A.Â
Findings. The unauthorized off-road operation of motor vehicles has
resulted in:
(1)Â
Serious damage to public and private lands, including damage or destruction
of vegetation, animal life and improvement to the lands;
(2)Â
The permanent scarring of land and an increase in both erosion and
air pollution;
(3)Â
Collisions and near collisions threatening the life and safety of
the operators of such vehicles as well as of other persons; and
(4)Â
A loss of the privacy, quietude and serenity to which the owners
and users of land are rightfully entitled.
B.Â
OFF-ROAD
OPERATION
MOTOR VEHICLE
(1)Â
(2)Â
(3)Â
UNAUTHORIZED
Definitions. For purposes of this section, the terms below shall
be defined as follows:
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
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 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 that such operation is by persons having legitimate
business on such lands or sites.
By or at the direction of public employees or utility company
employees as part of their employment duties.
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.
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.Â
Unauthorized off-road operation prohibited.
(1)Â
The unauthorized off-road operation of a motor vehicle is prohibited.
(2)Â
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, or 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.Â
HIGHWAY
MINIBIKE
MOTORIZED VEHICLE
SELF-PROPELLED VEHICLE
Definitions. The following definitions shall be applicable in this
section:
All public ways and thoroughfares and bridges on the same.
It includes the entire highway right-of-way width, not limited to
the actual traveled portion, but also includes the shoulders, ditches
and other areas adjacent thereto.
Any motorized vehicle primarily used for transportation or
sport, including but not limited to motorcycles, off-the-road trail
bikes and motorized bicycles.
Any self-propelled device in, upon or by which any person
or property is or may be transported.
Any motorized vehicle primarily used for off-the-road use,
including but not limited to go-carts, all-terrain vehicles and all
other vehicles not registered pursuant to Ch. 341, Wis. Stats., but
not snowmobiles.
B.Â
Operation of minibikes and self-propelled vehicles. No person shall
operate a minibike or self-propelled vehicle in the Village of Brandon
in the following manner:
(1)Â
At a rate of speed that is unreasonable or imprudent under the circumstances.
(2)Â
In any careless way so as to endanger the person or property of another.
(3)Â
While under the influence of intoxicating liquor, fermented malt
beverages, narcotics or other controlled substances.
(4)Â
In such a way that the exhaust of the motor makes an excessive or
unusual noise.
(5)Â
Without a functioning muffler.
(6)Â
Upon any public highway, street or alley, or upon any sidewalk or
parkway in the Village of Brandon unless such vehicle is registered
as required by Ch. 341, Wis. Stats., and its operation and operator
are specifically permitted to operate said vehicle by the Wisconsin
Statutes.
(7)Â
Upon any slide, ski or skating area, except for the purposes of serving
the area or crossing the places where marked.
(8)Â
Upon any lands owned, operated or leased by the Village of Brandon.
(9)Â
Upon a cemetery, burial ground, school or church property, without
the express consent of the owner.
C.Â
Liability of parent or guardian. No parent or guardian of any child
under the age of 18 years shall authorize or permit such child to
violate any of the provisions of this section. Any child under the
age of 18 years who shall operate a minibike or self-propelled device
shall be presumed to be operating said vehicle under the authority
of a parent or guardian.
D.Â
Penalties. Any person who shall violate this section shall, upon
conviction thereof, forfeit for each offense not less than $50 nor
more than $500, together with the costs of prosecution, and, in default
of payment of such forfeiture and costs of prosecution, shall be imprisoned
in the county jail not to exceed 30 days.
[Amended 5-11-2015 by Ord. No. 2015-01]
[Adopted 9-14-2020 by Ord. No. 2020-02; amended in its entirety 9-13-2021 by Ord. No. 2021-04]
The Village of Brandon, Fond du Lac County, adopts the following
all-terrain vehicles and utility terrain vehicles routes for the operation
of said vehicles on all Village streets.[1]
[1]
Editor's Note: The designated routes for operation of
all-terrain and utility terrain vehicles are on file in the Village
offices.
These routes of Village streets are done according to Village
authority under § 23.33(8)(B), Wis. Stats. The applicable
provisions of § 23.33, Wis. Stats., regulating ATV and UTV
operation pursuant to the routes are adopted.
The following conditions shall apply to all operators (and passengers)
as applicable:
A.Â
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 always be displayed.
B.Â
ATV/UTV operation is a risk of the operator. The Village of Brandon
has no liability for any damage or injury to persons, real property
or personal property arising out of the operation of ATVs and UTVs
on designated routes.
C.Â
All ATVs/UTVs must be properly registered with the Department of
Natural Resources (DNR) prior to operating on any routes.
D.Â
All ATV/UTV operators shall observe posted speed limits and all other
traffic signs.
E.Â
All ATV/UTV operators shall operate on designated routes and on paved
surfaces only. Operation on gravel shoulders, grassy in-slopes, ditches,
or municipal parks is prohibited. ATVs/UTVs will also not be permitted
on Commercial Street (between Main Street and Bowen Street), South
Center Street (from Bowen Street south) and South West Street (from
Bowen Street south). Exceptions may be given for special events approved
by the Chief of Police or the Village President.
F.Â
The operator of an ATV or UTV shall obey all traffic laws, local
ordinances and DNR regulations.
G.Â
All ATV and UTV operators shall ride single file and on the right-hand
side of the paved surface, the same as all motor vehicles.
H.Â
The operator of an ATV or UTV will display fully functional headlights,
taillights and brake lights while operating on a roadway.
I.Â
No person shall operate an ATV or UTV unless the operator holds a
valid driver's license issued by the Wisconsin Department of
Transportation.
J.Â
ATV and UTV operators or passengers under the age of 18 years of
age shall wear protective head gear as required under § 347.485(1)(a),
Wis. Stats., with a chin strap securely fastened at all times of operation.
K.Â
No person shall operate an ATV or UTV within the Village from 9:00
p.m. to 6:00 a.m.
L.Â
Eye protection must be worn by any operator of an ATV/UTV.
M.Â
Seatbelts must always be worn on UTVs by all persons.
N.Â
Headlights must always be operational and visible from 200 feet and
taillights must always be operational and visible from 500 feet in
the hours of darkness.
O.Â
No ATV or UTV operator or passenger shall be in possession of an
open intoxicant while the ATV or UTV is in operation. No person shall
operate an ATV or UTV while under the influence of an intoxicant,
or a restricted controlled substance.
P.Â
The Village of Brandon reserves the right to close or modify ATV
and UTV routes within its jurisdiction at any time.
As used in this article, the following terms shall have the
meanings indicated:
A commercially designed and manufactured motor-driven device
that has a weight, without fluids, of 900 pounds or less, has a width
of 50 inches or less, is equipped with a seat designed to be straddled
by the operator, and travels on three or more low-pressure tires or
nonprieumatic tires or as defined in § 23.33(1)(b), Wis.
Stats., and any amendments thereto.
Any of the following, or as defined in § 23.33(ng),
Wis. Stats., and any amendments thereto:
A commercially designed and manufactured motor-driven device
that does not meet federal motor vehicle safety standards in effect
on July 1, 2012, that is not a golf cart, low-speed vehicle, dune
buggy, minitruck, or tracked vehicle, that is designed to be used
primarily off of a highway, and that has, and was originally manufactured
with, all of the following:
A weight, without fluids, of 2,000 pounds or less.
Four or more low-pressure tires or nonpneumatic tires.
A steering wheel.
A taillight.
A brakelight.
Two headlights.
A width of not more than 65 inches.
A system of seat belts, or a similar system for retraining each
occupant of the vehicle in the event of an accident.
A system of structural members designed to reduce the likelihood
that an occupant would be crushed as the result of a rollover of the
device.
A.Â
Pursuant to § 23.33(8)(d), Wis. Stats., the following restrictions
are placed on the use of ATV/UTV routes designated by this article:
(1)Â
Routes shall be marked with uniform ATV/UTV route signs in accordance
with § NR 64.12(7), Wis. Adm. Code. The Village Public Works
Department has sole responsibility for ATV/UTV signage on Village
streets. No person may do any of the following, regarding signs marking
ATV/UTV routes:
(a)Â
Intentionally remove, damage, deface, move, or obstruct any
uniform ATV/UTV route or trail sign or standard or intentionally interfere
with the effective operation of any uniform all-terrain vehicle route
or trail sign.
(b)Â
Possess any uniform ATV/UTV route or trail sign or standard
of the type established by the department for the warning, instruction
or information of the public, unless obtained in a lawful manner.
Possession of a uniform ATV/UTV route or trail sign or standard creates
a rebuttable presumption of illegal possession.
(2)Â
ATV/UTV operation shall be subject to all provisions of § 23.33,
Wis. Stats., which is adopted by reference as a part of this article.
B.Â
Route maintenance. Designation of segments of the Village roadways
as ATV/UTV routes does not impose upon the Village Public Works Department
a greater duty of care or responsibility for maintenance of those
segments than for any other segment of roadway.
This article will be enforced by any law enforcement officer
employed by the Brandon-Fairwater Police Department and County Sheriff's
Department or any other law enforcement official authorized to enforce
laws in the State of Wisconsin.
The penalty for any violation identified in § 23.33(13)
or Chs. 340 through 347, Wis. Stats., shall be as set forth in the
Wisconsin Statutes. Deposit amounts for such violations shall be as
set forth in the current Revised Uniform State Traffic Deposit Schedule.
The penalty for any violation of this article not addressed in § 23.33(13)
or Chs. 340 through 347, Wis. Stats., shall be a forfeiture as set
forth in the Brandon Village Code, together with all applicable costs,
surcharges and assessments.
The provisions of this article shall be deemed severable and
it is expressly declared that the Village of Brandon would have passed
the other provisions of this article irrespective of whether or not
one or more provisions may be declared invalid. If any provision of
this article or application to any person or circumstance is held
invalid, the remainder of the article and the application of such
provisions to other person's circumstances shall not be deemed
affected.