[HISTORY: Adopted by the Village Board of the Village of Allouez as Ch. 423 of the Village Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parking and storage — See Ch. 318.
Parks and recreation — See Ch. 322.
Snowmobiles — See Ch. 378.
Vehicles and traffic — See Ch. 424.
A. 
The statutory provisions describing and defining regulations with respect to all-terrain vehicles in the following enumerated sections of the Wisconsin Statutes, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of said statutes, and including the Wisconsin Statutes therein referred to, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter.
(1)
23.33(1)
Definitions
(2)
23.33(2)(a)
Registration requirement
(3)
23.33(2)(b)
Registration exemptions
(4)
23.33(3)
Rules of operation
(5)
23.33(4)
Operation on or near highways
(6)
23.33(4c)
Intoxicated operation of an all-terrain vehicle
(7)
23.33(4g)
Preliminary breath screening test
(8)
23.33(4j)
Applicability of the intoxicated operation of an all-terrain vehicle law
(9)
23.33(4L)
Implied consent
(10)
23.33(4p)
Chemical tests
(11)
23.33(4t)
Report arrest to department
(12)
23.33(5)
Age restrictions; safety certification program
(13)
23.33(6)
Equipment requirements
(14)
23.33(7)
Accidents
(15)
23.33(12)
Enforcement
A. 
Except as provided in Subsections B to E, any person who violates this chapter shall forfeit not less than $25 nor more than $250.
B. 
Penalties.
(1) 
Except as provided under Subsection B(2) and (3), a person who violates § 23.33(4c)(a)1 or 2 or (4p)(e) shall forfeit not less than $150 nor more than $300.
(2) 
Except as provided under Subsection B(3), a person who violates § 23.33(4c)(a)1 or 2 or (4p)(e) and who within five years prior to receiving a citation for the then current violation was convicted under the state intoxicated operation of an all-terrain vehicle law, or the state refusal law, or this chapter, shall forfeit not less than $300 nor more than $1,000.
(3) 
Any person who violates § 23.33(4c)(a)1 or 2 or (4p)(e) and who within five years prior to receiving a citation for the then current violation was convicted two or more times under the state intoxicated operation of an all-terrain vehicle law, or the state refusal law, or this chapter, shall forfeit not less than $600 nor more than $2,000.
(4) 
Any person who violates § 23.33(4c)(a)3 or (4p)(e) and who has not at the time of violation attained the age of 21 years shall forfeit not less than $25 and not more than $50.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
A person who violates § 23.33(4c)(b) shall forfeit not less than $300 nor more than $2,000.
D. 
In determining the number of previous convictions under Subsection B(2) and (3), convictions arising out of the same incident or occurrence shall be counted as one previous conviction. Whenever a person is convicted of violation of this chapter, the Clerk of the Municipal Court or the Municipal Judge shall forward to the Department of Natural Resources the record of such conviction and such record shall state whether the offender was involved in an accident at the time of the offense.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
In addition to any other penalty or order, a person who violates § 23.33(4c)(a) or (b) or (4p)(e) or who violates § 940.09 or 940.25, Wis. Stats., if the violation involves the operation of an all-terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol or controlled substances. The assessment order shall comply with § 343.30(1q)(c)1a to c, Wis. Stats. Intentional failure to comply with an assessment order under this subsection constitutes contempt of court, punishable under Ch. 785, Wis. Stats., and other provisions of law.
[1]
Editor's Note: Original § 423.33(1), Definitions, which immediately preceded this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).