[HISTORY: Adopted by the Village Board of the Village of
Soldiers Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-3-2017 by Ord.
No. 2017-2]
Crawford County Ordinance Section 7.08(1) through (9) is hereby
adopted to read as follows:
7.08 - ALL-TERRAIN VEHICLE (ATV)/UTILITY-TERRAIN VEHICLE (UTV)
ROUTES AND TRAILS.
(1)Â
PURPOSE. The purpose of this section is to establish all-terrain
vehicle (ATV)/utility-terrain vehicle (UTV) routes and trails and
to provide safe and enjoyable ATV/UTV recreation consistent with public
rights and interests pursuant to §§ 59.02 and 23.33,
Wis. Stats.
(2)Â
APPLICABILITY AND ENFORCEMENT.
(a)Â
The provisions of this section shall apply to the areas designated
in subsection (4) below, including all roadways within the jurisdiction
of the County. The provisions of this section shall be enforced by
the Crawford County Sheriff's Department.
(b)Â
Adoption of this section shall not prohibit any law enforcement
officer or DNR warden from proceeding under any other ordinance, regulation,
statute, law or order that pertains to the subject matter addressed
under this section.
(3)Â
LIMITATIONS. The following limitations apply on all areas designated in subsection (4) of this section:
(a)Â
Speed. No ATV/UTV shall be operated at a speed greater than
35 miles per hour on any County Trunk Highway, Town or Village road
or street. Each Town or Village may establish a lower speed limit
on its ATV/UTV routes within its jurisdiction.
(b)Â
Lights. No ATV/UTV may be operated on any designated route or
trail without fully functional headlights, taillights, and brake lights.
Every ATV/UTV being operated on any designated route or trail must
display a lighted headlamp and tail lamp at all times.
(c)Â
Routes - Roadway Only. On any public roadway designated as an
ATV/UTV route, all ATV/UTV operation is authorized only for the extreme
right side of the roadway except that left turns may be made from
any part of the roadway which is safe given prevailing conditions.
All ATVs and UTVs must operate in single file. Operation on paved
shoulders intended for bicycles or pedestrians, gravel shoulders,
grassy in-slope, ditches or other highway rights-of-way is prohibited.
(d)Â
Trails - Off-Road Right-of-Way Only. On any off-road public
corridor designated as an ATV/UTV trail, all ATV/UTV operation is
authorized only within the marked trail designated within the right-of-way
adjacent to a state, county, town or village highway, road or street.
All ATVs and UTVs must operate in single file. No operation is allowed
on any trail within the right-of-way during inclement weather, if
the trail material is unstable or is marked as closed.
(e)Â
Hours of Operation. No ATV/UTV may be operated on any designated
route or trail between the hours of 1:00 a.m. and 5:00 a.m. daily.
(f)Â
Age, License and Protective Headgear. On any designated ATV/UTV
route or trail, all operators must be 16 years of age or older and
have a valid driver's license. No person under the age of 18
may operate or be a passenger of an ATV/UTV on any designated route
or trail without wearing approved protective headgear.
(g)Â
Noise. No ATV/UTV may be operated on any designated route if
that ATV/UTV does not meet all applicable Wisconsin State noise pollution
standards.
(h)Â
Insurance. All ATVs/UTVs operating on any designated ATV/UTV
route or trail or on any County trunk highway must have proof of liability
insurance for the ATV/UTV being operated.
(i)Â
Registration. All ATVs/UTVs being operated on any designated
route or trail shall meet the registration requirements of the State
of Wisconsin and Wisconsin Department of Natural Resources.
(j)Â
Activities Prohibited. No competitive events or any other type
of contest shall be held, conducted or performed on any ATV/UTV route
or trail.
(k)Â
Operation. ATV/UTV operation on designated routes and trails
shall be in accordance with the provisions of the Wisconsin State
Statutes, the Wisconsin Department of Transportation Administrative
Code, the Wisconsin Department of Natural Resources Administrative
Code and all applicable municipal ordinances.
(4)Â
DESIGNATION OF ATV/UTV ROUTES AND TRAILS.
(a)Â
State and County Trunk Highways. ATV/UTV routes on State and
County Trunk Highways and ATV/UTV trails on off-road public corridors
adjacent to State and County Trunk Highways shall be designated and
approved by the Crawford County Board, except that permits for existing
routes or trails may be renewed without further action by the County
Board. Any modifications to a designated ATV and UTV route or trail
shall be approved by the Crawford County Board. A copy of those ATV
and UTV routes and trails, along with a map showing their location(s),
shall be kept on file at the Crawford County Sheriff's Office
and at the Highway Department. The Crawford County Highway Department
shall be responsible for signage and the establishment of speed limits
regulating ATVs and UTVs. The Crawford County Highway Department shall
retain the sole authority for the closure or termination of any ATV/UTV
route on the State and County Trunk Highway System.
(1)Â
Designated ATV/UTV routes or trails on or adjacent to County
roadways may be closed at the discretion of the Crawford County Highway
Commissioner or his/her designee.
(2)Â
The Crawford County Highway Commissioner shall have the authority
to suspend operation on any highway or right-of-way for up to 90 days
due to hazard, construction, or emergency conditions in any highway
segment designated as an ATV/UTV route or trail. The Crawford County
Highway Commissioner shall also have the authority to designate for
up to 90 days alternate routes or trails for any of the above authorized
highway segments that might be so closed.
(3)Â
Applications for the initiation of new routes and trails or
alteration to existing routes, trails or crossings shall be submitted
to the Crawford County Highway Department for processing and submission
to the Crawford County Board.
(4)Â
ATV/UTV routes on bridges shall be designated and approved by
the Crawford County Board following §§ 23.33(4)(d)3.b
and 23.33(11)(am)3, Wis. Stats.
The Village authorizes the operation of ATVs and UTVs on a highway
bridge that is not part of the national system of interstate and defense
highways that is 1,000 feet in length or less in length and located
within the territorial boundaries of the Village. ATV and UTV operators
shall be required to do all of the following when crossing a bridge:
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a.Â
Cross the bridge in the most direct manner practicable and at
a place where no obstruction prevents a quick and safe crossing.
b.Â
Stay as far to the right of the roadway or shoulder as practicable.
c.Â
Stop the vehicle prior to the crossing.
d.Â
Yield the right-of-way to other vehicles, pedestrians, and electric
personal assistive mobility devices using the roadway or shoulder.
e.Â
Exit the highway as quickly and safely as practicable after
crossing the bridge.
(b)Â
Town and Village Roads and Streets. ATV/UTV routes on Town and
Village roadways and ATV/UTV trails on off-road public corridors adjacent
to Town and Village roadways shall be designated, established and
approved by the respective Town Board of Supervisors or the Village
Board of Trustees. Any modifications to a designated ATV and UTV route
or trail shall be approved by the Town Board of Supervisors or the
Village Board of Trustees. A copy of those ATV and UTV routes or trails,
along with a map showing their location, shall be kept on file at
the Town Hall or Village Hall with a copy also filed at the Crawford
County Sheriff's Department and Highway Office. The respective
Town Board of Supervisors or the Village Board of Trustees shall be
responsible for overseeing signage on every route and trail designated
within its jurisdiction and for the establishment of speed limits
regulating ATVs and UTVs and may establish fewer allowed hours of
operation within their jurisdiction. The Town Board of Supervisors
or the Village Board of Trustees shall retain the sole authority for
the closure or termination of any ATV/UTV route or trail.
(1)Â
The respective Town Board of Supervisors or the Village Board
of Trustees shall have the authority to suspend operation on any road
or street for up to 90 days due to hazard, construction, or emergency
conditions in any highway segment listed above. The Town Board of
Supervisors or the Village Board of Trustees shall also have the authority
to designate for up to 90 days alternate routes and trails for any
of the above authorized road segments that might be so closed.
(c)Â
Crossings. Crossings for approved trails established across
any public roadway are required to be permitted by the governmental
agency having jurisdiction over that roadway.
(5)Â
ROUTE and TRAIL SIGNS. Routes: Every area authorized as an all-terrain
vehicle/utility-terrain vehicle route shall be designated by an all-terrain
vehicle/utility-terrain vehicle route sign having a reflectorized
white all-terrain vehicle symbol, bordered, and message on a reflectorized
green background with a minimum size of 24 inches by 18 inches with
a directional arrow, where appropriate, placed at the beginning of
an ATV/UTV route and at such locations and intervals as necessary
to enable the ATV/UTV operators to follow the route. Existing eighteen-inch
by eighteen-inch signs shall be allowed until replacement is required.
Trails: Every area authorized as an all-terrain vehicle/utility-terrain
vehicle trail shall be designated by an all-terrain vehicle/utility-terrain
vehicle trail sign having a reflectorized white all-terrain vehicle
symbol, bordered, and message on a reflectorized brown background
with a minimum size of 18 inches by 18 inches with a directional arrow,
where appropriate, placed at the beginning of an ATV/UTV trail and
at such locations and intervals as necessary to enable the ATV/UTV
operators to follow the trail.
(a)Â
State and County Trunk Highways. All required designated route
or trail signs and posts shall be paid for by the ATV/UTV club requesting
the route. All signs and posts shall be installed by the Crawford
County Highway Department at the direction of the Highway Commissioner
or his designee.
(b)Â
Town and Village Roads and Streets. All required designated
route or trail signs and posts shall be paid for by the ATV/UTV club
requesting the route. Signs shall be erected by the club at locations
approved by the respective Town Board of Supervisors or the Village
Board of Trustees.
(c)Â
All routes or trails shall be signed and posted in accordance
with the Manual on Uniform Traffic Control Devices, the Wisconsin
Department of Transportation, the Wisconsin Department of Natural
Resources and all other applicable local guidelines.
(d)Â
No sign may be mounted on any existing County sign post, unless
authorized by the Crawford County Highway Commissioner or designee.
(e)Â
No person may erect, remove, obscure, or deface any official
designated route or trail sign unless authorized by the Crawford County
Highway Commissioner or respective Town Board of Supervisors or the
Village Board of Trustees or its designee.
(f)Â
No person shall operate an ATV/UTV contrary to any authorized
and official posted sign.
(6)Â
PENALTIES. The penalty for violating any subsection of this section
shall be according to the following schedule, plus the cost of damages
or restoration and plus court costs:
(a)Â
The penalty for a violation of subsections (3)(c) and (3)(d)
shall be not more than $200.
(b)Â
The penalty for a violation of subsections (3)(b), (e), (f),
(g), (h), (i) and (j) shall be not more than $100.
(c)Â
The penalty for a violation of any other provision of this section
for which no specific penalty is specified shall be not more than
$50.
(7)Â
JUVENILE PENALTIES. Any juvenile who violates this section shall be subject to the forfeitures prescribed in subsection (6) of this section except that the provisions for the incarceration in jail for the nonpayment of forfeiture shall not apply to juveniles.
(a)Â
Upon default of payment of any forfeiture imposed by this section,
a court may order any license issued to a juvenile under § 29,
Wis. Stats., suspended or may order the child's operating privileges
as defined in § 340.01(40), Wis. Stats., suspended for not
less than 30 days or more than 90 days. Prior to suspension of licenses
under this subsection, the court shall make a finding that the juvenile
alone is financially able to pay the amount of the forfeiture and
shall allow up to 12 months for the juvenile to make payment. The
court shall immediately take possession of any suspended license and
forward it to the department which issued the license together with
the notice of suspension clearly stating that the suspension is for
failure to pay a forfeiture imposed by the court. If the forfeiture
is paid during the first 30 days after the license is suspended, the
suspension shall be reduced to the minimum period of 30 days. If it
is paid thereafter, the court shall immediately notify the appropriate
department which will thereupon return the license to the person.
(8)Â
VIOLATIONS, JUDGMENTS, RESTITUTIONS. A judgment obtained under this section of the Crawford County Code may be enforced in the same manner as any civil judgment. Penalties imposed for violations of this section shall be made according to the schedule of forfeitures listed in subsections (6) and (7) of this section. The procedures and provisions set forth in Ch. 800, Wis. Stats., shall apply to all violations of the sections and subsections of this section.
(9)Â
UNIFORM CITATION AND SUMMONS. A uniform County ordinance violation
citation shall be created and reproduced in such a fashion as to provide
alleged violators with proper notice of the ordinance violation alleged
and date, time and place of said violation along with a summons to
appear before the Circuit Court for Crawford County at the courthouse
in Prairie du Chien, Wisconsin, at a date and time specified in the
citation and shall provide an option of posting a uniform forfeiture
deposit in lieu of the defendant's appearance on that date. The
form of such citation and summons shall be on file in the office of
the Clerk of Court.
Other uniform citations adopted by the State of Wisconsin for
the use of counties and other municipalities may be used in the prosecution
of violations under this section.
Sections (10) and (11) of the ATV/UTV Ordinance are hereby created
to read as follows:
(10)Â
ATV/UTV ROUTES AS AUTHORIZED BY THE VILLAGE BOARD
ON VILLAGE ROADWAYS.
Roadway
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Section Description
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---|---|---|
STH 131
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Atley Street to Eugene P. Moran Park Drive; per 7.08(4)(a)(4)
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Bugle Street
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New Well Road to Atley Street
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Eugen P. Moran Drive
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STH 131 to CTH C
| |
Halverson Ridge Road
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In Its Entirety
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New Well Road
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In Its Entirety
| |
Norwegian Hollow Road
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In Its Entirety
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East Sunbeam Boulevard
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In Its Entirety
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(11)Â
ATV/UTV TRAILS AS AUTHORIZED BY THE VILLAGE BOARD ON VILLAGE ROADWAY
RIGHTS-OF-WAY.
Roadway
|
Section Description
| |
---|---|---|
None
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