[HISTORY: Adopted by the Common Council of the City of Monona
as Title 10, Ch. 4, of the 1994 Code. 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:
A.
MOTOR VEHICLE
(1)
(2)
(3)
OFF-ROAD
(1)
(2)
(3)
OPERATION
UNAUTHORIZED
Definitions. For purposes of this section, the terms below shall
be defined as follows:
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 such operation is by persons having
legitimate business on such lands or sites;
It is being operated by or at the direction of public employees
or utility company employees as part of their employment duties.
It is being operated 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.
Any location which:
Is not a paved or maintained public street or alley; or
Is not used or maintained by the owner or lessee of land as
a driveway, parking lot or other way for motor vehicles; or
Is a private trail for use only by the owner or his/her permittees
for recreational or other vehicular use. 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.
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
Without the express prior consent of the owner, lessee, manager
or other person who is 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 or all-terrain
vehicles operating in areas authorized by the Common Council, 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 City streets, alleys, parks, sidewalks,
bikeways, parking lots or on any public 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.
[Amended 7-7-2008 by Ord.
No. 6-08-581[1]]
A.
"Slow-speed vehicle" means a self-propelled motor vehicle that has
successfully completed the low-speed vehicle America test program
conducted by the United States Department of Energy and that conforms
to the definition and requirements for low-speed vehicles as adopted
in the federal motor vehicle safety standards for low-speed vehicles
under 49 CFR 571.3(b) and 571.500. "Slow-speed vehicle" does not include
a golf cart.
B.
A person may operate a slow-speed vehicle on any City street that
has a speed limit of 35 miles per hour or less, subject to the following
restrictions:
