[HISTORY: Adopted by the Town Board of the Town of Herman 11-27-2018 by Ord. No. 18-04. Amendments noted where applicable.]
The purpose of this chapter is to establish all-terrain and
utility-terrain vehicle routes in the Town of Herman and to regulate
the operation of all-terrain and utility-terrain vehicles in the Town.
The Town Board of the Town of Herman, Dodge County, Wisconsin
has the specific authority to adopt this All-Terrain and Utility-Terrain
Vehicle Ordinance under § 23.33(8)(b) and (11), Wis. Stats.
This chapter, adopted on proper notice with a quorum and roll
call vote by a majority of the Town Board present and voting, provides
the authority of the Town to designate all-terrain and utility-terrain
vehicle routes in the Town and to regulate the use of those routes
and all-terrain and utility-terrain vehicles in the Town.
For the purposes of this chapter, the following definitions
shall be used. Words used in the present tense include the future;
the singular number includes the plural number; and the plural number
includes the singular number. The words "shall," "will," and "must"
are always mandatory. The words "may" and "should" are discretionary
terms. The masculine shall include the feminine. Terms not defined
in this section shall be interpreted based on common usage.
A commercially designed and manufactured motor-driven device
that has a weight, without fluids, of 900 pounds or less, has a width
of 50 inches or less, is equipped with a seat designed to be straddled
by the operator, and travels on three or more low-pressure tires or
nonpneumatic tires.
Town of Herman, the Town Board or any other Town of Herman
official(s) authorized by the Town Board to act on behalf of the Town
of Herman.
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 2,000 pounds or less.
Four or more low-pressure tires or nonpneumatic tires.
A steering wheel.
A taillight.
A brake light.
Two headlights.
A width of not more than 65 inches.
A system of seat belts, or a similar system, for restraining
each occupant 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.
A commercially designed and manufactured motor driven device
to which all of the following applies:
Pursuant to § 23.33(3)(d) 4., Wis. Stats., except
as otherwise provided in § 23.33(4), Wis. Stats., no person
may operate an all-terrain or utility-terrain vehicle on the roadway
of any highway in the Town except on roadways that are designated
as all-terrain and utility-terrain vehicle routes by this chapter.
All roads under the jurisdiction of the Town of Herman are designated
all-terrain and utility-terrain vehicle routes.
Pursuant to § 23.33(8)(d), Wis. Stats., the following
restrictions are placed on the use of the Town all-terrain and utility-terrain
vehicle routes designated by this resolution:
A.
Routes shall be marked with uniform all-terrain and utility-terrain
vehicle route signs in accordance with § NR 64.12(7), Wisconsin
Administrative Code. No person may do any of the following in regard
to signs marking Town all-terrain and utility-terrain vehicle routes:
(1)
Intentionally remove, damage, deface, move, or obstruct any uniform
all-terrain and utility-terrain vehicle route or trail sign or standard
or intentionally interfere with the effective operation of any uniform
all-terrain and utility-terrain vehicle route or trail sign or standards
if the sign or standard is legally placed by the state, any municipality,
or any authorized individual.
(2)
Possess any uniform all-terrain or utility-terrain vehicle 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 all-terrain and utility-terrain vehicle
route or trail sign or standard in a lawful manner. Possession of
a uniform all-terrain and utility-terrain vehicle route or trail sign
or standard creates a rebuttable presumption of illegal possession.
B.
Operation shall be subject to all provisions of § 23.33,
Wis. Stats., which is adopted as a part of this chapter by reference,
pursuant to § 23.33(11), Wis. Stats.
C.
Operators must abide by all traffic laws unless further restricted
by this chapter.
D.
ATV/UTVs may be operated on paved surfaces only, unless yielding
the right of way.
E.
ATV/UTV operators shall ride single file.
F.
No ATV/UTV may be operated on any designated route without fully
functional headlights, taillights and brake lights.
G.
No ATV/UTV may be operated on any designated route between the hours
of 11:59 p.m. and 5:00 a.m. daily, unless a different restriction
of hours of operation has been specified by the Town and notice of
the same is duly posted on the segment.
H.
All ATV/UTV operators shall ride on the right hand side of the paved
portion of the highway, unless making a left turn. Operation on the
gravel shoulders, grassy in-slope, ditches, or other highway right-of-way
is prohibited, unless yielding right of way.
I.
No ATV/UTV may be operated on any designated ATV/UTV route if the
ATV/UTV does not meet all applicable federal noise and air pollution
standards.
J.
No person under the age of 16 may operate an ATV/UTV on any segment
of Town road which is designated ATV/UTV route.
K.
No person under the age of 18 may operate an ATV/UTV on any designated
route unless wearing approved protective head gear.
L.
Every person who operates an ATV/UTV on a segment of Town road which
is designated as an ATV/UTV route shall have in his or her immediate
possession a valid motor vehicle operator's license, and shall
display the license document upon demand from any law enforcement
officer or official described in § 23.33(12), Wis. Stats.
This chapter may be enforced by any Town Board Officer or law
enforcement officer authorized to enforce the laws of the State of
Wisconsin. A copy of this chapter shall be sent by the Town Clerk
to the Department of Natural Resources, the Dodge County Sherriff's
Department and any other law enforcement agency serving the Town of
Herman's jurisdiction.
The penalties under § 23.33(13)(a), Wis. Stats., are
adopted by reference.
Designation of segments of the Town road system as ATV/UTV routes
does not impose upon the Town a greater duty of care or responsibility
for maintenance of those segments than for any other segment of Town
road. Operators of ATV/UTVs on Town roads assume all the usual and
normal risks of ATV/UTV operation.
If any provision of this chapter or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this chapter that can be given effect
without the invalid provision or application, and to this end the
provisions of this chapter are severable.
This chapter is effective on publication or posting. The Town
Clerk shall properly publish this chapter as required under § 60.80,
Wis. Stats.
