[HISTORY: Adopted by the Town Board of the Town of Arbor Vitae 5-18-2016 by Ord. No. 2-2016. Amendments noted where applicable.]
The primary purpose of this chapter is to provide for a safe means for Town residents and visitors to use all-terrain vehicles on designated Town roads to facilitate access to trail systems located in the county or in adjoining counties.
Road and road segments may be added and authorized as all-terrain vehicle routes through the following process:
A property owner within the Town must petition the Town to add a road or road segment.
The Town Board shall, within 90 days of receipt of the petition, review the petition and make a determination as to whether the road or road segment in question is appropriate for use as permitted under this chapter. The Town Board shall make this determination.
The Town Board shall hold a public hearing on the petition. This public hearing may be held in conjunction with a regularly scheduled Town Board meeting. That public hearing shall be considered first consideration of a proposed change to the Town's Municipal Code. The Board shall make reasonable efforts to ensure residents on affected roads are given notice of the public hearing.
If the Town Board gives tentative approval to the ordinance change at first consideration, the Board shall bring the matter up for second consideration at the next regularly scheduled meeting of the Board.
[Added 5-16-2018; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any road requested to be opened as an ATV route must have signatures of all homeowners on that road, have over 51% who agree and the request must be submitted by April 1st of that year.
To operate an all-terrain vehicle a person must:
Be 16 years of age or older;
Possess an all-terrain vehicle safety certificate unless the operator was born on or before January 1, 1988;
Operate at a speed no faster that vehicle speed limit of 25 miles per hour or as posted;
Operate only on the right side of the roadway;
Operate with headlights on at all times.
The Lakeland ATV Club, in coordination with the road department shall:
Purchase and post all-terrain vehicle route signs as required by state law accompanied by 25 miles per hour ATV speed limit signs;
Purchase and post signage indicating the termination of routes in locations as directed by the Town road foreman;
Purchase and post local-use-only signs in locations as directed by the Town road foreman;
Purchase and post quiet-zone signs in locations as directed by the Town Board.
Any person violating the provisions of this chapter shall be punished by a fine or forfeiture of not less than $100 nor more than $200 per violation, together with the costs of the action. Each time a violation occurs shall be considered a separate and distinct offense.
As a substitute for or in addition to forfeiture actions, the Town Attorney may, on behalf of the Town, seek enforcement of any and all parts of this chapter by court actions seeking injunctional orders or restraining orders and/or pursuing nuisance actions against the violator.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This chapter shall take effect upon passage and publication. From this year forward on May 1 this chapter will take effect and shall remain in effect until October 31 unless affirmatively reauthorized by the Town Board.