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).
ATV/UTV PREFERRED ROUTE
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.
ATV/UTV ROUTE
Village roads designated for use by ATV and UTV operators
by the Village Board having jurisdiction.
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.
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.