[HISTORY: Adopted by the Common Council of
the City of Oconto Falls 9-12-2017 by Ord. No. 17-003. 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
thereto, are hereby adopted by reference and made a 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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Section 23.33(1)
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Definitions [including subsections (a) through (n)]
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Section 23.33(2)
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Registration
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Section 23.33(3)
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Rules of operation [including subsections (a) through (i)]
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Section 23.33(4)
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Operation on or near highway [including subsections (a) through
(e)]
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Section 23.33(5)(a) and (5)(c)
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Age restrictions
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Section 23.33(6)
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Equipment requirements [including subsections (a) through (e)]
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Section 23.33(7)
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Accidents [including subsections (a) through (b)]
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A.
Title and purpose. This ATV/UTV section is adopted to establish ATV/UTV
routes on City streets, and to promote public health and safety by
providing for the regulation of ATVs/UTVs, within the City of Oconto
Falls, Wisconsin. The establishment of this section is for the convenience
of the ATV/UTV riding public only, and the Common Council of the City
of Oconto Falls makes no warranty, express or implied, that the aforementioned
routes are safe for ATV/UTV operation.
B.
Intent. It is the intention of the City of Oconto Falls, by establishment
of this section, to pursue and become a designated ATV/UTV trailhead.
C.
Adoption of state statutes. The City of Oconto Falls hereby adopts,
except as otherwise specifically provided in this chapter, and pursuant
to the authority granted in Chapter 23 and Chapter NR64 of the Wisconsin
Statutes, the Common Council of the City of Oconto Falls does hereby
adopt Chapter 23 and Chapter NR64 of the Wisconsin State Statutes
which deals with all-terrain vehicles, to be applied on all City streets
designated as ATV/UTV routes in the City of Oconto Falls.
D.
Authorization. This section is authorized by Wisconsin State Statutes
Chapter 23 and Chapter NR64; specifically Section 23.33 and all subsections
thereto.
E.
ATV (ALL-TERRAIN VEHICLE)
ATV/UTV CLUB
ATV/UTV ROUTE
ATV/UTV TRAIL
UTV (UTILITY TERRAIN VEHICLE)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As defined in §§ 23.33(b) and Section 340.01(2g),
Wis. Stats. An engine-driven device which has a net weight of 900
pounds or less, which has a width of 50 inches or less, which is equipped
with a seat designed to be straddled by the operator and which is
designed to travel on three or more low-pressure tires or nonpneumatic
tires.
A club consisting of individuals that promote the recreational
use of ATVs/UTVs.
A highway, road, street or right-of-way designated for use
by all-terrain vehicle operators by the governmental body having jurisdiction
as authorized under this section.
A marked corridor on public property or on private lands
subject to public easement or lease, designated for use by ATV/UTV
operators by the governmental agency having jurisdiction, but excluding
roadways or highways except those roadways that are seasonally not
maintained for motor vehicle traffic.
As defined in § 23.33(ng), Wis. Stats.
F.
Application. This section is binding on all individuals traveling
in and through the City of Oconto Falls in any manner on any and all
City streets.
G.
Route.
(1)
All streets in the City of Oconto Falls are open to ATVs/UTVs that
have designated signage indicating ATV/UTV route.
(2)
The following streets will be closed for ATV/UTV use as a route and
may only be crossed to access a signed route: STH22 from West Highland
Drive to northwest City limits, CTH I, CTH B, Scott Drive, Ski Tow
Road/Mead Road, South Main Street from Farm Road to CTHI.
[Amended 10-12-2021 by Ord. No. 21-006]
(3)
The following roads will be closed around schools from September
1 to June 1 to reduce noise: Columbia Street from Farm Road to CTH
I, Farm Road from Columbia Street to Sunrise Court, Maria Volk Drive
from Farm Road to CTH I, Washington Street from Union Avenue to Central
Avenue, Central Avenue from Washington to Adams Street, Adams Street
from Central to Union Avenue, Cherry Avenue from North Main Street
to Franklin Street, Franklin Street from Cherry Avenue to Caldwell
Avenue. The Police Chief may grant access to residents that reside
in the closed sections around the school areas. This does not restrict
ATV/UTV use for snow removal or state laws that allow road usage for
snow removal purposes.
(4)
The following areas are closed to ATV/UTV traffic all year: West
Side Beach Park, East Side Beach Park, Memorial Park, Pine Grove Park,
Lotters Park, River Island Golf Course, the City ski/tubing property.
(5)
The following areas will have seasonal access with designated routes
from November through April: North Flatley Avenue from King Street
through the West Side Beach boat launch area for access to the Oconto
River; East Side Beach and boat launch parking areas for access to
the Oconto River from the parking areas; North Maple Avenue boat launch
area for access to the Oconto River.
(6)
The aforementioned routes shall not include any private roads or
driveways or any private property in the City of Oconto Falls. The
City of Oconto Falls shall retain the right to close any City street
to ATV/UTV operation for special events, or due to street construction
or repair, without advance notice.
H.
Laws. The City of Oconto Falls accepts no liability for the operation
of ATVs/UTVs on any City streets under the provisions of this section.
ATVs/UTVs that operate on the aforementioned streets shall abide by
all state laws regulating ATV/UTV operation, including the following:
(1)
Operate in the extreme right-hand portion of the traveled part of
the road and travel in single file.
(2)
Speed limit shall not exceed posted City speed limits (typically
25 miles per hour), except where posted higher by an official ATV/UTV
speed limit sign.
(3)
ATVs/UTVs operated on City streets pursuant to this section shall
have the following properly working equipment:
(a)
One or more factory headlights; lighting that is not original
equipment installed by the factory or aftermarket lighting is prohibited
at all times on City streets.
(b)
A red rear light, and a working red brake light;
(c)
Brakes in good mechanical condition; and
(d)
A muffler system and such other equipment or devices that comply
with the noise level standards (96 decibels maximum) as set forth
in 23 V.S.A. Section 3505(b), and regulations adopted pursuant thereto.
(4)
ATVs/UTVs operated on City streets shall be currently registered
by the State of Wisconsin in accordance with Wisconsin State Statutes.
Registration does not constitute a license to cross or operate an
ATV/UTV on public or private roads.
(5)
At all times while operating an ATV/UTV on City streets, operators
born after January 1, 1988, shall have passed an approved safety course.
The driver of an ATV/UTV shall obey all State of Wisconsin laws regarding
the operation of ATVs/UTVs.
(6)
Except as otherwise provided in this section, a person may only operate
or permit an ATV/UTV owned by him/her or under his/her control to
be operated in accordance with Wisconsin State Statutes and all regulations
adopted pursuant thereto.
(7)
ATVs/UTVs traveling on City streets shall travel on the right side
of the road, in single file, at a rate of speed not to exceed the
posted speed limit.
(8)
When operating an ATV/UTV under this section, if the ATV/UTV has
no turn signals and/or brake lights, the operator shall use hand signals
when making turns or stopping.
(9)
No public or private landowner shall be liable for any property damage
or personal injury sustained by any person operating or riding as
a passenger on an ATV/UTV or upon a vehicle or other device drawn
by an ATV/UTV upon the public or private landowner's property, whether
or not the public or private landowner has given permission to use
the land, unless the public or private landowner charges a cash fee
to the operator or owner of the ATV/UTV for the use of the property
or unless damage or injury is intentionally inflicted by the landowner.
(10)
ATV/UTV operators must remain on an approved/signed City route.
Upon failure to do so, Wisconsin DNR or municipal penalties will apply.
(11)
It shall be unlawful for any person to consume or have in his/her
possession any open container containing an alcoholic beverage upon
any public street, public way, public alley, or public parking lot
within the City.
(12)
No
ATV/UTV operation on any City sidewalks.
[Added 8-10-2021 by Ord. No. 21-002]
I.
Severability. Should any portion of the section be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this section shall not be affected.
J.
Enforcement. The City of Oconto Falls Common Council gives the authority
to enforce this section to any law enforcement officers authorized
to enforce the laws of the State of Wisconsin. The enforcement officer
may order the owner or operator of any vehicle being operated on a
highway or street to suspend operation. Verbal or written warnings
may be allowed at the discretion of the enforcement authority in this
subsection.
K.
Penalties. The penalties set forth in Section 23.33(13)(a), Wis.
Stats., are adopted.
