[HISTORY: Adopted by the Village Board of the Village of
Fairwater 2-11-2019 by Ord. No.
1-2019. Amendments noted where applicable.]
[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. Definitions. Off-road vehicles shall include, without limitation:
ALL-TERRAIN VEHICLE (ATV)
A commercially designed and manufactured motor-driven device
to which all of the following apply:
(1)
It has a weight, without fluids, of less than 900 pounds.
(2)
It has a width of 50 inches or less.
(3)
It is equipped with a seat designed to be straddled by the operator
for the number of people intended
(4)
It travels or three or more low-pressure tires or nonpneumatic
tires.
(5)
It has a lighted headlamp and taillamp functioning at all times
of operation.
OPERATOR
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.
UTILITY-TERRAIN VEHICLE (UTV)
Any of the following:
(1)
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)
A weight, without fluids, of 3,000 pounds or less.
(b)
Four or more low-pressure tires or nonpneumatic tires.
(g)
A width of not more than 65 inches.
(h)
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.
(i)
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.
(a)
The following roads are designated ATV/UTV routes in the Village
of Fairwater:
[1]
All paved Village roads within the Village of Fairwater.
[2]
Authorized private lands subject to easement or leases are designated
trails.
(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.
(5) Routes authorized. The following roads are authorized for the operation
of ATVs under § 23.33(11)(am)4, Wis. Stats.:
(a)
All state highways and county highways with a speed limit of
35 miles per hour or less.
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:
(a)
A valid motor vehicle operator's license; and
(b)
Written proof of liability insurance coverage which meets the
requirements specified in § 344.61, Wis. Stats.
(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.
A. Findings. The unauthorized off-road operation of motor vehicles has
resulted in:
(1) Serious damage to public and private lands, including damage or destruction
of vegetation, animal life and improvement to the lands;
(2) The permanent scarring of land and an increase in both erosion and
air pollution;
(3) Collisions and near collisions threatening the life and safety of
the operators of such vehicles as well as of other persons; and
(4) A loss of the privacy, quietude and serenity to which the owners
and users of land are rightfully entitled.
B. Definitions. For purposes of this section, the terms below shall
be defined as follows:
OFF-ROAD
(1)
Any location which:
(a)
Is not a paved or maintained public street or alley;
(b)
Is not used or maintained by the owner or lessee of land as
a driveway, parking lot or other way for motor vehicles; or
(c)
Is a private trail for use only by the owner or his/her permittees
for recreational or other vehicular use.
(2)
"Off-road" shall not include any creek bed, riverbed or lake;
provided, however, that this section shall not apply to snowmobiles
or other vehicles being operated on the ice covering such creek bed,
riverbed or lake.
OPERATION
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
MOTOR VEHICLE
Any vehicle which is self-propelled and shall include but
not be limited to automobiles, trucks, jeeps, vans, motorcycles, motorbikes,
go-karts, motorized three-wheeled vehicles, all-terrain vehicles,
mopeds, snowmobiles, dune buggies and 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 it is being operated:
(1)
Solely for the purpose of construction or maintenance of an
improvement to land or solely for access to construction or maintenance
sites, provided that such operation is by persons having legitimate
business on such lands or sites.
(2)
By or at the direction of public employees or utility company
employees as part of their employment duties.
(3)
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.
UNAUTHORIZED
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 Village 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 Village streets, alleys, parks, sidewalks,
bikeways, or 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.
A. Definitions. The following definitions shall be applicable in this
section:
HIGHWAY
All public ways and thoroughfares and bridges on the same.
It includes the entire highway right-of-way width, not limited to
the actual traveled portion, but also includes the shoulders, ditches
and other areas adjacent thereto.
MINIBIKE
Any motorized vehicle primarily used for transportation or
sport, including but not limited to motorcycles, off-the-road trail
bikes and motorized bicycles.
MOTORIZED VEHICLE
Any self-propelled device in, upon or by which any person
or property is or may be transported.
SELF-PROPELLED VEHICLE
Any motorized vehicle primarily used for off-the-road use,
including but not limited to go-carts, all-terrain vehicles and all
other vehicles not registered pursuant to Ch. 341, Wis. Stats., but
not snowmobiles.
B. Operation of minibikes and self-propelled vehicles. No person shall
operate a minibike or self-propelled vehicle in the Village of Fairwater
in the following manner:
(1) At a rate of speed that is unreasonable or imprudent under the circumstances.
(2) In any careless way so as to endanger the person or property of another.
(3) While under the influence of intoxicating liquor, fermented malt
beverages, narcotics or other controlled substances.
(4) In such a way that the exhaust of the motor makes an excessive or
unusual noise.
(5) Without a functioning muffler.
(6) Upon any public highway, street or alley, or upon any sidewalk or
parkway in the Village of Fairwater unless such vehicle is registered
as required by Ch. 341, Wis. Stats., and its operation and operator
are specifically permitted to operate said vehicle by the Wisconsin
Statutes.
(7) Upon any slide, ski or skating area, except for the purposes of serving
the area or crossing the places where marked.
(8) Upon any lands owned, operated or leased by the Village of Fairwater.
(9) Upon a cemetery, burial ground, school or church property, without
the express consent of the owner.
C. Liability of parent or guardian. No parent or guardian of any child
under the age of 18 years shall authorize or permit such child to
violate any of the provisions of this section. Any child under the
age of 18 years who shall operate a minibike or self-propelled device
shall be presumed to be operating said vehicle under the authority
of a parent or guardian.
D. Penalties. Any person who shall violate this section shall, upon
conviction thereof, forfeit for each offense not less than $50 nor
more than $500, together with the costs of prosecution, and, in default
of payment of such forfeiture and costs of prosecution, shall be imprisoned
in the county jail not to exceed 30 days.