[HISTORY: Adopted by the Village Board of the Village of
Benton 5-20-2015 by Ord. No. 2015-01. Amendments noted where applicable.]
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:
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23.33(1)
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Definitions [including Subsections (a) through (n)]
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23.33(2)
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Registration
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23.33(3)
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Rules of operation [including Subsections (a) through (i)]
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23.33(4)
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Operation on or near highway [including Subsections (a) through
(e)]
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23.33(5)(a) and (c)
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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.
The Village of Benton, Lafayette County, adopts the following all-terrain vehicle (ATV) and utility terrain vehicle (UTV) ordinance for the operation of ATVs and UTVs upon the roadways listed in § 317-3.
B.
Following due consideration of the recreational value to connect
trail opportunities and weighted against possible dangers, public
health, liability aspects, terrain involved, traffic density and history
of automobile traffic, this chapter has been created.
A.
This route is created pursuant to Village authority under Section
1.1.01 as authorized by 23.33(8)(b), Wis. Stats.
B.
The following roads are designated as routes:
(1)
You may cross Main Street, State Hwy 11 at Catherine Street or Third
Avenue only.
(2)
Bean Street from County I to Main Street.
(3)
Arbor Street from Bean Street to Catherine Street.
(4)
Catherine Street from Arbor Street to Alma Street.
(5)
Bean Street from Alma Street to Main Street.
(6)
Alma Street from County J South to Railroad Avenue.
(7)
Railroad Avenue to Third Street.
(8)
Third Street to Third Avenue.
(9)
Third Avenue to County J North.
(10)
South Van Buren from Alma Street to Dump Road.
(11)
Water Street from Bean Street to North Van Buren.
[Added 12-5-2018 by Ord.
No. 2018-02]
(12)
East Hwy 11 from the Village limits to County J South.
[Added 12-5-2018 by Ord.
No. 2018-02]
(13)
West Hwy 11 from the Village limits to County J North.
[Added 12-5-2018 by Ord.
No. 2018-02]
As a condition for the use of this route, the following conditions
shall apply to all operators (and passengers where applicable);
A.
All ATV/UTV operators shall observe posted roadway speed limits on
State Hwy 11 and drive 10 mph or less while operating on all other
roads in the Village of Benton.
[Amended 12-5-2018 by Ord. No. 2018-02[1]]
[1]
Editor’s Note: This ordinance also repealed former Subsection
C, regarding speed limits near a pedestrian, and redesignated former
Subsection D as Subsection C.
B.
All ATV/UTV operators shall ride single file.
C.
Routes must be signed in accordance with NR 64.12.
This chapter shall be enforced by any law enforcement officer
authorized to enforce the laws of the State of Wisconsin.
Wisconsin state all-terrain vehicle and utility terrain vehicle
penalties as found in s. 23.33 (13) (a) Wis. Stats., are adopted by
reference.
The provisions of this chapter shall be deemed severable and
it is expressly declared that the Village would have passed the other
provisions of this chapter irrespective of whether or not one or more
provisions may be declared invalid. If any provision 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.
