[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 10, Ch. 2, of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 535.
[Amended 3-13-2019 by Ord. No. 1; ]
The provisions and definitions within § 23.33, Wis.
Stats., and subsequent amendments thereto, and Chapter NR 64,
Wis. Adm. Code, are adopted by reference and fully incorporated herein
by reference, except for those provisions therein that conflict with
this chapter.
[Added 8-17-2022[1]]
A.
Purpose. The purpose of this section is to authorize the use of,
regulate, and establish all-terrain vehicle (ATV) and utility terrain
vehicle (UTV) routes in the Town of Koshkonong and to regulate the
operation of ATVs and UTVs in the Town.
B.
Saving clause. This section shall in no way be deemed to supplant
or otherwise invalidate any provision of the state statutes relating
to the subject matter hereof. Any person entrusted with the enforcement
of this section may, in the exercise of his or her discretion, proceed
under applicable state statutes.
C.
Operation of ATVs and UTVs. Except as otherwise provided in § 23.33(4),
Wis. Stats., no person may operate an ATV or UTV on the roadway portion
of any highway in the Town, except on roadways that are designated
as ATV or UTV routes by this section. Operation of ATVs and UTVs on
a roadway in the Town that is an ATV and UTV route is authorized only
for the extreme right of the roadway, except for that left turns may
be made from any part of the roadway that is safe given prevailing
conditions.
D.
Designation of ATV and UTV routes.
(1)
Designating routes. Pursuant to § 23.33(8)(b)1, Wis. Stats.,
the Town of Koshkonong designates all Town roads as ATV/UTV routes.
The following Town roads shall be excluded:
(2)
Marking routes. All routes shall be marked with uniform ATV/UTV route
signs in accordance with Chapter NR 64.12(7), Wis. Adm. Code. All
signage shall be provided by and maintained by a designated ATV and
UTV Club. The Town of Koshkonong shall inspect the signs annually
and will install signage at the cost of the ATV and UTV Club.
(3)
Damage to and possession of signs prohibited. No person may do any
of the following regarding signs marking Town ATV/UTV routes:
(a)
Intentionally remove, damage, deface, move, or obstruct any
uniform ATV/UTV route or trail sign or standard, or intentionally
interfere with the effective operation of any uniform ATV/UTV route
or trail sign or standards if the sign or standard is legally placed
by the state, any municipality, or any authorized individual.
(b)
Possess any uniform ATV/UTV route or trail sign or standard
of the type established by the department for the warning, instruction,
or information of the public, unless he or she obtained the uniform
ATV/UTV route or trail sign in a lawful manner. Possession of a uniform
ATV/UTV route or trail sign or standard creates a rebuttable presumption
of illegal possession.
(4)
Additional restrictions and hours of operation.
(a)
All ATV/UTV operators must be 16 years of age or older.
(b)
A valid state motor vehicle driver's license is required
to operate any ATV/UTV on a designated route within the Town.
(c)
All ATV/UTV vehicles must be operated in a single file.
(d)
No ATV/UTV operator shall exceed the posted ATV/UTV speed limit
of the road being traveled.
(e)
All ATV/UTV riders under the age of 18 must wear a helmet.
(f)
All ATV/UTVs must be operated on (paved or graveled) road surfaces
only.
(g)
No ATV/UTVs may be operated on road shoulders or in road ditches
except to cross at a right angle for property access.
(h)
Any and all ATV/UTV routes may be closed at any time at the
discretion of the Town Board by removing posted route signage and
providing notice to the public.
(i)
ATV/UTV operators are required to maintain a policy of insurance
that provides coverage for incidents involving the operator's
use of an ATV or UTV.
(j)
All ATV/UTVs shall have operational headlights, taillights,
mirrors, and brake lights.
(k)
All ATV/UTV headlights and taillights must remain on at all
times.
(l)
ATV/UTVs may not be operated on any Town of Koshkonong road
between the hours of 10:00 p.m. and 5:00 a.m., unless directly related
to farming operations.
(m)
All ATV/UTV operations are subject to Wisconsin Department of
Natural Resources ATV/UTV Regulations.
(n)
Operation of an ATV/UTV within any municipal park is prohibited,
with the exception of designated parking areas
(o)
All ATV/UTV exhaust systems must be maintained in proper working
order and noise may not exceed the rating of the original manufacturer
or state law.
(p)
All ATV/UTVs shall only carry the number of riders as designed
by the manufacturer.
(q)
In any subdivision encompassed in a plat recorded in the Office
of the Register of Deeds, all ATV/UTV operators shall take the shortest
possible route of ingress to an area within the subdivision or egress
to an area not designated a subdivision.
(5)
Enforcement. This section may be enforced by any law enforcement
officer authorized to enforce the laws of the State of Wisconsin.
(6)
Penalties. The penalties under § 23.33(13)(a), Wis. Stats.,
are adopted by reference.
A.
Purpose.
(1)
The unauthorized off-road operation of motor vehicles has resulted
in serious damage to public and private lands, including damage or
destruction of vegetation, animal life and improvement to the lands;
and
(2)
The unauthorized off-road operation of motor vehicles has resulted
in the permanent scarring of land and an increase in both erosion
and air pollution; and
(3)
The unauthorized off-road operation of motor vehicles has resulted
in collisions and near collisions threatening the life and safety
of the operators of such vehicles as well as of other persons; and
(4)
The unauthorized off-road operation of motor vehicles has resulted
in a loss of the privacy, quietude and serenity to which the owners
and users of land are rightfully entitled.
B.
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:
For purposes of this section, any vehicle which is self-propelled
and shall include but not be limited to automobiles, trucks, jeeps,
vans, motorcycles, motorbikes, golf carts, go-karts, motorized three-wheeled
vehicles, all-terrain vehicles, mopeds, snowmobiles, dune buggies
and lawn 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:
[Amended 3-13-2019 by Ord. No. 1]
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 permittees
for recreational or other vehicular use. Off-road shall not include
any creekbed, riverbed or lake; provided, however, that this subsection
shall not apply to snowmobiles or other vehicles being operated on
the ice covering such creekbed, 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 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.
C.
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 Town Board, 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 Town 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.
[Added 3-13-2019 by Ord.
No. 1]
Violations of this chapter shall be subject to the penalty provided in § 1-3, General penalty.
