[Amended 10-4-2021 by Ord. No. 2-2021]
A.
Intent.
The Village of Fairwater, Fond du Lac County, adopts the following all-terrain vehicle (ATV) and utility-terrain vehicle (UTV) route ordinance upon the roadways listed herein. Following due consideration of the recreational value and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density, and automobile traffic volume, this route has been created.
B.
Statutory authority. These routes of Village streets are done according to Village authority under § 23.33(8)(b), Wis. Stats. The applicable provisions of § 23.33, Wis. Stats., regulating ATV and UTV operation pursuant to routes are adopted.
C. ALL-TERRAIN VEHICLE (ATV)(1) (2) (3) (4) (5) OPERATOR UTILITY-TERRAIN VEHICLE (UTV)(1) (a) (b) (c) (d) (e) (f) (g) (h) (i)
Definitions. Off-road vehicles shall include, without limitation:
A commercially designed and manufactured motor-driven device to which all of the following apply:
It has a weight, without fluids, of less than 900 pounds.
It has a width of 50 inches or less.
It is equipped with a seat designed to be straddled by the operator for the number of people intended
It travels or three or more low-pressure tires or nonpneumatic tires.
It has a lighted headlamp and taillamp functioning at all times of operation.
A person who operates an all-terrain vehicle or utility-terrain vehicle, who is responsible for the operation of an all-terrain vehicle or utility-terrain vehicle or who is supervising the operation of an all-terrain vehicle or utility-terrain vehicle.
Any of the following:
A commercially designed and manufactured motor-driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:
A weight, without fluids, of 3,000 pounds or less.
Four or more low-pressure tires or nonpneumatic tires.
A steering wheel.
A taillight.
Two headlights.
A brake light.
A width of not more than 65 inches.
A system of seat belts, or a similar system, for restraining each occupant (for the number of occupants intended) of the device in the event of an accident.
A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.
D.
Operation of ATV/UTV. Operation of all-terrain vehicles and utility-terrain vehicles is authorized only upon those Village of Fairwater roads designated for such use by this section and in accordance with the conditions set forth in Subsection F, below.
E.
Designation of routes.
(1)
The Village of Fairwater reserves the right to close or modify routes at any time.
(2)
The Village of Fairwater, or its designee, shall maintain all route signs within the Village.
(3)
All ATV/UTV routes shall be signed in accordance with §§ NR 64.12 and 64.12(7). If a route is not signed, it is not open for use.
(4)
Routes designated.
(b)
Prohibited travel areas include: the Village cemetery, Village parks and greenspaces, and any private property not subject to easement or leases as designated trails.
(c)
Operation of an ATV/UTV is limited to the paved portion of the Village roadway. Operation of an ATV/UTV upon Village road shoulders, ditches, or other road rights-of-way, or sidewalks, is prohibited.
F.
Conditions.
(1)
All ATV/UTV units shall be registered for public use in accordance with Wisconsin Department of Natural Resources ("DNR") regulations, and proof of registration shall be displayed as required by statute during all times of operation.
(2)
All ATV/UTV operators on routes shall observe posted roadway speed limits and any posted roadway signage.
(3)
All ATV/UTV operators shall ride single-file on the right-hand side of the roadway.
(4)
Operators of an ATV/UTV shall observe all laws of this state pertaining to the use of an ATV/UTV.
(5)
ATV/UTV designated routes are closed for operation of AVT/UTV between the hours of 9:00 p.m. and 6:00 a.m. daily.
(6)
A person operating an ATV/UTV within the Village of Fairwater must be at least 16 years of age and have been issued a valid state driver's license. During time of operation, the operator/owner shall have both of the following in their possession:
(7)
An operator of an ATV/UTV shall at all times of operation, upon any designated Village road, have the ATV/UTV headlights and taillights activated.
(8)
When making directional turns, all operators are required to use signal lights or hand signals.
(9)
No person under the age of 18 shall operate an ATV/UTV on any Village road unless wearing protective headgear.
(10)
ATV/UTV operators and passengers under the age of 18 must wear protective headgear as required under § 347.485(1)(a), Wis. Stats., with a chin strap securely fastened at all times of operation.
(11)
No ATV/UTV operator or passenger shall be in possession of an open intoxicant while the ATV/UTV is in operation. No person shall operate an ATV/UTV while under the influence of an intoxicant, a restricted controlled substance, a controlled substance analog, or any combination of these elements, to a degree which renders the person incapable of operating the ATV/UTV.
(12)
ATV/UTV operation is at risk of the operator. The Village of Fairwater has no liability for any damage or injury to persons, real property or personal property arising out of the operation of ATVs and/or UTVs on designated routes.
G.
Enforcement. This section may be enforced by any law enforcement officer authorized by the Brandon-Fairwater Police Department, Fond du Lac County Sheriff's Department, or any other law enforcement official authorized to enforce laws in of the State of Wisconsin.
H.
Violations and penalties. The penalty for any violation identified in § 23.33(13) or Chs. 340 through 347 of the Wisconsin Statutes shall be as set forth in the Wisconsin Statutes. Deposit amounts for such violations shall be set forth in the current Revised Uniform State Traffic Deposit Schedule. The penalty for any violation of this section not addressed in § 23.33(13) or Chs. 340 through 347 of the Wisconsin Statutes shall be a forfeiture as set forth in the Fairwater Village Code, together with all applicable costs, surcharges, and assessments.
I.
Severability. The provision of this section shall be deemed severable, and it is expressly declared that the Village of Fairwater would have passed the other provisions of this section irrespective of whether or not one or more provision may be declared invalid. If any provision of this section or the application to any person or circumstance is held invalid, the remainder of the section and the application of such provisions to the other person's circumstances shall not be deemed affected.
J.
When effective. This section becomes effective upon passage and publication as required under § 60.80, Wis. Stats.