The title of this chapter is the All-Terrain Vehicle ("ATV")
and Utility Terrain Vehicle ("UTV") Access Route Ordinance. The purpose
of this chapter is to establish an ATV and UTV access route in the
Town of Lake Tomahawk ("Town") and to regulate the operation of ATVs
and UTVs in the Town per § 23.33, Wis. Stats.
The Lake Tomahawk Town Board, Oneida County, Wisconsin ("Town"),
adopts this chapter by authority of § 23.33, Wis. Stats.
[Amended 6-9-2021]
The provisions of this chapter apply equally to ATVs and UTVs.
Operation of other nonregistered motorized vehicles, including golf
carts, are not covered by this chapter, and operation of these vehicles
is forbidden on Town highways.
Pursuant to § 23.33, Wis. Stats., except as otherwise
provided in § 23.33(4), Wis. Stats., no person may operate
an ATV or UTV on the roadway portion of any highway in the Town, except
on roadways that are designated as ATV and UTV routes by this chapter.
Operation of ATVs and UTVs on these routes is authorized only for
the extreme right side of the roadway except that left turns may be
made from any part of the roadway that is safe given prevailing conditions.
On the paved roadways, ATVs and UTVs must be operated on the paved
portion and not on the shoulder. Maximum speed allowed on roadways
shall be 25 miles per hour unless posted as lower.
All Town highways shall be designated as an access route. The
sign location and installation shall be done by the Lake Tomahawk
road crew, and any costs associated with this shall be paid for by
the Lake Tomahawk ATV/UTV Club. The Town Board can at anytime remove
any road as an access route. No Town highway shall be considered,
listed, or portrayed in any way as a trail (including digital or printed
maps) without the permission of the Town Board. Any Town highway that
is removed as an access route by the Town Board shall be signed as
such, and the cost of said signing shall be paid for by the Lake Tomahawk
ATV/UTV Club. At the discretion of the Lake Tomahawk Town Board and
Town crew, the Lake Tomahawk ATV/UTV Club may assist with the installation
of signs.
Pursuant to § 23.33, Wis. Stats., the following restrictions
are placed on the use of the Town ATV and UTV access route designated
by this chapter:
A. The access route shall be marked with uniform ATV and UTV route signs
in accordance with Ch. NR 64.12, Wis. Adm. Code. No person may do
any of the following in regard to signs marking the Town ATV and UTV
access route:
(1) Intentionally remove, damage, deface, move, or obstruct any uniform
ATV and UTV route or trail sign or intentionally interfere with the
effective operation of any uniform ATV and UTV route or trail sign
if the sign or standard is legally placed by the state, any municipality,
or any authorized individual.
B. Operation shall be subject to all provisions of § 23.33,
Wis. Stats., which is incorporated as a part of this chapter by reference;
except when the regulations of this chapter are more restrictive,
this chapter shall apply.
C. A copy of this chapter shall be sent by the Town Clerk to the Oneida
County Sheriff's Department, the Department of Natural Resources and
the Woodruff Police Department.
D. In addition to the provisions of § 23.33, Wis. Stats.,
the following restrictions shall be in place for all operators on
all Lake Tomahawk highways:
(1) All ATV/UTV operators shall observe a speed limit of 25 miles per
hour or the posted speed limit, whichever is less.
(2) All operators shall ride in single file.
(3) The allowed hours of operation shall be 8:00 a.m. to 9:00 p.m.
(4) All
operators of an ATV/UTV shall possess and have in their possession
a valid driver's license.
(5) All operators of an ATV/UTV shall carry the same liability insurance
that is required by Wisconsin to operate a vehicle on Wisconsin roadways
and must carry proof of said insurance covering the ATV/UTV they are
operating with them.
(6) Lights must be on at all times, and approved hand signals must be
used whenever the operator intends to change speed or direction.
(7) Any passenger under the age of 15 shall wear a helmet while operating
on Town highways.
This chapter may be enforced by any law enforcement officer
authorized to enforce the laws of the State of Wisconsin.
Unless otherwise stated, penalties in § 23.33, Wis.
Stats., are adopted by reference.
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 the day after proper publication or
posting by the Town Clerk and shall remain in effect for a trial period
of one year, with the following exceptions:
A. At any
time, the Lake Tomahawk Town Board may rescind this chapter.