[HISTORY: Adopted by the Village Board of the Village of
Barneveld 9-5-2018 by Ord. No.
18-09-01. Amendments noted where applicable.]
This chapter shall be called the "Village of Barneveld All-Terrain
and Utility-Terrain Vehicle Route Ordinance."
After considering the recreational and economic value of connecting
trails within the Village and after considering possible dangers,
public health, traffic density and history of automobile traffic use
in the Village, this chapter has been created pursuant to Village
authority under Wis. Stats. §§ 61.34, 61.50, 23.33(4)(d)3.b,
23.33(11)(a) and (am), and 23.33(8)(b), as amended.
ALL-TERRAIN VEHICLE (ATV) — Has the meaning
specified within Wis. Stats. § 340.01(2g).
Village roads designated for use by ATV and UTV operators
that are marked by signage as routes deemed by the Village Board as
most favorable for operators to use.
Village roads designated for use by ATV and UTV operators
by the Village Board having jurisdiction.
Has the meaning specified within Wis. Stats. § 23.33(1)(ng).
The provisions of this chapter shall be deemed severable and
it is expressly declared that the Village of Barneveld would have
passed the other provisions of this chapter irrespective of whether
or not one or more provisions may be declared invalid. If any provision
of this chapter or the application to any person or circumstance is
held invalid, the remainder of this chapter and the application of
such provisions to other persons and circumstances shall not be deemed
affected.
This chapter shall in no way be deemed to supplant or otherwise
invalidate any provision of Wisconsin Statutes relating to the subject
matter hereof. Any person entrusted with the enforcement of this chapter
may, in the exercise of his or her discretion, proceed under applicable
state statutes.
A.
All requests for new or revised ATV/UTV route designations or preferred route designations shall first be submitted to the Village Board for review at a regularly scheduled monthly board meeting. Village roads designated as ATV/UTV routes or preferred routes shall be approved by the Village Board by amendment of § 258-9 of this chapter.
B.
A copy of ATV/UTV routes and preferred routes, along with a map showing
their location, shall be kept on file at the Village of Barneveld
offices. The Village shall file notice of the ATV/UTV designated routes
adopted by this chapter with the Iowa County Sheriff Department and
The Wisconsin Department of Natural Resources, PO Box 7921, Madison,
WI 53707.
C.
The Village of Barneveld Board shall have the authority to temporarily
or permanently close or terminate any ATV/UTV designated or preferred
route, or portion of a route, enacted by this chapter.
A.
ATV/UTVs shall operate only on the paved portion of the roadway.
Operation on the gravel shoulders, grassy in-slope, ditches, or other
highway right-of-way areas is prohibited and illegal.
B.
No operator or passenger of an ATV/UTV may have an open intoxicant
while operating an ATV/UTV on any Village designated route(s).
C.
No ATV/UTV may be operated on any Village road between the hours
of 11:00 p.m. and 6:00 a.m., daily.
[Amended 10-5-2020 by Ord. No. 20-10-01; 3-1-2021 by Ord. No. 21-03-01]
D.
No ATV/UTV shall be operated at a speed greater than 30 miles per
hour (MPH), or the posted speed limit, whichever is lower.
E.
All ATV/UTV operators shall ride in single file on the extreme righthand
side of the paved portion of the roadway, except that lawful left
turns may be made from any part of the roadway that is safe given
prevailing conditions.
F.
All ATV/UTV operators shall have their headlight and taillight illuminated
while operating on the Village roads.
G.
Except as otherwise authorized by state law, all operators:
(1)
Of ATVs who are at least 12 years of age and who are born on or after
January 1, 1988, shall possess a valid state-issued ATV safety certification.
(2)
Of ATVs between the age of 12 and 15 must at all times when operating
on a designated route be accompanied by a parent or legal guardian
or a person at least 18 years of age who is designated by the parent
or guardian.
(3)
Of UTVs must be 16 years of age or older.
(4)
Of UTVs who are at least 16 years of age and who are born on or after
January 1, 1988, must possess a valid state-issued UTV safety certificate.
(5)
Of ATV/UTVs and their passengers under 18 years old shall wear protective
headgear while operating on a Village route.
H.
ATV/UTV operation shall be subject to all provisions of Wisconsin
Statutes § 23.33, which is adopted as a part of this chapter
by reference.
A.
Preferred routes shall be marked with uniform ATV/UTV route signs
in accordance with § NR 64.12(7), Wis. Adm. Code. No person
may do any of the following in regard to signs marking ATV/UTV routes:
(1)
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.
(2)
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 or standard in a lawful manner. Possession of
a uniform ATV/UTV route or trail sign or standard creates a rebuttable
presumption of illegal possession.
B.
All required preferred route signs shall be paid for, installed and
maintained by an ATV/UTV club, with approval by the Village of Barneveld.
C.
The quantity and location of signage shall be reviewed and approved
by the Village, and, where appropriate, placed at the beginning of
an ATV/UTV preferred route within the Village and at such locations
and intervals deemed necessary by the Village to enable the ATV/UTV
operators to follow the route.
D.
No sign may be mounted on any existing Village signpost unless authorized
by Village Board. Posts shall be suitably sized for mounting the necessary
amount of signs at the location.
E.
No person shall operate an ATV/UTV contrary to any authorized and
official posted sign.
F.
All complaints regarding signage shall be addressed to the Village
of Barneveld, which shall communicate the complaint to the Club. The
Club shall have 48 hours to address the complaint after receiving
notice of the complaint.
All Village roads within the Village of Barneveld are hereby
designated ATV/UTV routes for their entire length, unless prohibited
by state statute or county ordinance.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Except as otherwise provided in this chapter, the statutory
provisions in Wis. Stats. Chs. 23, 340 to 348, and 350 establishing
definitions and regulations with respect to ATVs and UTVs, and Wis.
Adm. Code. Ch. NR 64, All-Terrain Vehicles, exclusive of any provisions
therein relating to penalties to be imposed and exclusive of any regulations
for which the statutory penalty is a fine or term of imprisonment,
are hereby adopted and by reference made a part of this chapter as
if fully set forth herein. Unless otherwise provided in this chapter,
any act required to be performed or prohibited by any statute incorporated
herein by reference is required or prohibited by this chapter. Any
future amendments, revisions or modifications of the statutes or administrative
codes incorporated herein are made a part of this chapter in order
to secure uniform statewide regulation of ATVs and UTVs, except to
the extent that the provisions of this chapter are more restrictive.
This chapter shall be enforced by any officer employed by the
Iowa County Sheriff Department or the Village of Barneveld, or any
other law enforcement official as set forth in Wisconsin Statutes
§ 23.33(12).
The penalties as found in Wisconsin Statutes § 23.33(13)(a)
are adopted by reference.
