[HISTORY: Adopted by the Common Council of the City of Colby as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1995 as Title 10, Ch. 3, of the 1995 Code]
A. 
Except as otherwise specifically provided in this article, the statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wisconsin Statutes are hereby adopted by reference and made part of this article as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this article. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code.
(1) 
Section 350.01, Definitions.
(2) 
Section 350.02, Operation of Snowmobiles on or in the Vicinity of Highways.
(3) 
Section 350.03, Right-of-way.
(4) 
Section 350.04, Snowmobile Races, Derbies and Routes.
(5) 
Section 350.045, Public Utility Exemption.
(6) 
Section 350.047, Local Ordinance to be Filed.
(7) 
Section 350.05, Operation by Youthful Operators Restricted.
(8) 
Section 350.055, Safety Certification Program Established.
(9) 
Section 350.07, Driving Animals.
(10) 
Section 350.08, Owner Permitting Operation.
(11) 
Section 350.09, Head Lamps, Tail Lamps and Brakes, Etc.
(12) 
Section 350.10, Miscellaneous Provisions for Snowmobile Operation.
(13) 
Section 350.101, Intoxicated Snowmobiling.
(14) 
Section 350.102, Preliminary Breath Screening Test.
(15) 
Section 350.1025, Application of Intoxicated Snowmobiling Law.
(16) 
Section 350.103, Implied Consent.
(17) 
Section 350.104, Chemical Tests.
(18) 
Section 350.106, Report Arrest to Department.
(19) 
Section 350.107, Officer's Action after Arrest for Operating a Snowmobile While Under Influence of Intoxicant.
(20) 
Section 350.108, Public Education Program.
(21) 
Section 350.12, Registration of Snowmobiles; Trail Use Stickers.
(22) 
Section 350.125, Completion of Application for Registration by Snowmobile Dealers.
(23) 
Section 350.13, Uniform Trail Signs and Standards.
(24) 
Section 350.135, Interference with Uniform Trail Signs and Standards Prohibited.
(25) 
Section 350.15, Accidents and Accident Reports.
(26) 
Section 350.155, Coroners and Medical Examiners to Report; Require Blood Specimen.
(27) 
Section 350.17, Enforcement.
(28) 
Section 350.18, Local Ordinances.
(29) 
Section 350.19, Liability of Landowners.
(30) 
Section 350.99, Parties to a Violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person shall operate a snowmobile upon any street, highway or alley within the City of Colby in violation of the traffic regulation provisions of §§ 346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1), 346.94(1) and (9) and 346.215(3), Wis. Stats.
No person shall leave or allow a snowmobile owned or operated by him to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.
No person shall operate a snowmobile upon any sidewalk, pedestrian way or upon the area between the sidewalk and the curbline of any street in the City, except as specifically authorized by § 381-7 or for the purpose of crossing to obtain immediate access to an authorized area of operation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Speed. No person shall operate a snowmobile upon any public highway within the City at a speed in excess of 20 miles per hour. No person shall operate a snowmobile on any trail designated in § 381-7 of this article or in any public park or recreation area at a speed in excess of the posted limit.
B. 
Hours of operation. No person shall operate a snowmobile within the City between the hours of 10:30 p.m. and 7:00 a.m., except upon a public highway as authorized by state law and this article or for the purpose of gaining access to or leaving such highway and except upon a designated and marked trail.
A. 
If he can do so without serious danger to his own snowmobile or to persons on board, the operator of a snowmobile involved in a snowmobile accident within the City shall stop his snowmobile and shall render to other persons affected thereby such assistance as may be practicable and necessary to save them from or minimize any danger caused by the accident and shall give his name and address and identification of his snowmobile to any person injured and to the owner of any property damaged in the accident.
B. 
If the snowmobile accident results in death or injury to any person or total property damage in excess of $200, every operator of a snowmobile involved in such accident shall, as soon as possible, notify the Police Department of the accident and shall, within 10 days after the accident, file a written report thereof with the Department on forms prescribed by it.
C. 
If the operator of a snowmobile is physically incapable of making the report required by this section and there was another occupant on the snowmobile at the time of the accident capable of making the report, such other occupant shall make such report.
D. 
"Snowmobile accident" means a collision, accident or other casualty involving a snowmobile.
A. 
Routes designated.
(1) 
Except as provided in §§ 350.02 and 350.05, Wis. Stats., or for snowmobile events authorized in accordance with § 350.04, Wis. Stats., no person shall operate a snowmobile upon any public right-of-way in any public park or any other public municipal property in the City of Colby, except upon the following designated snowmobile routes and trails:
(a) 
The public alley between Second Street and Third Street from the south line of Block 15 of Jarvis Addition to the City of Colby to the north line of West Jefferson Street, thence west on Jefferson Street to the east line of Third Street, thence north on Third Street to North Street, thence east on North Street to the public alley between Second Street and Third Street, thence north to Adams Street, thence east on Adams Street to the northeast corner of the intersection of West Adams Street and North Second Street;
(b) 
The public alley between First Street and Second Street from the north line of West Broadway Street to the south line of North Street;
(c) 
The public alley between Main Street and Division Street from the north line of Block Nine of the Original Plat of the City of Colby to the north line of East Washington Street;
(d) 
East Washington Street east from the west line of the public alley running north and south between Main Street and Division Street as it intersects with East Washington Street, to the east end of East Washington Street as it now exists;
(e) 
All of North Street on the extreme sides of said street and on that part of Broadway Street lying between the alley located between Third Street and Second Street and the east line of the public park located west of the existing railroad tracks;
(f) 
East Adams Street from State Highway 13 (Division Street) to Jackson Street.
(2) 
Snowmobile operation on the above-described routes shall be on the extreme right side of the roadway. Snowmobile operators using the above-described routes shall stop and give the right-of-way to any vehicles or pedestrians before crossing any public streets or sidewalks.
B. 
Park area trails and special regulations. Operation of snowmobiles on marked trails is authorized in the public park west of the railroad right-of-way and east of South First Street and North First Street from the north line of West Broadway to the south line of North Street. Snowmobile operation is also authorized on as much of North First Street as needed to bypass the City skating rink maintained in the public park. Northbound snowmobile traffic shall use the extreme right side of North First Street in bypassing the skating rink. Southbound snowmobile traffic shall cross North First Street at a right angle as soon as the skating rink has been bypassed as it is possible to meet the trail coming from the park. Snowmobile operators using the above-described trail shall stop and give the right-of-way to any vehicles or pedestrians before crossing any public streets or sidewalks.
C. 
Trail markers. The Colby Trailblazers Snowmobile Club is directed and authorized to procure, erect and maintain appropriate snowmobile route, trail and limit signs and markers as approved by Wisconsin Department of Natural Resources under § 350.13, Wis. Stats. The Chief of Police shall have the power to declare snowmobile routes and trails either open or closed.
D. 
Signs to be obeyed. No person shall fail to obey any route or trail sign, marker or limit signs erected in accordance with this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who shall violate any provision of this article shall, upon conviction thereof, be subject to Chapter 1, Article I, § 1-3, General penalty, of the City Code; provided that the penalty and forfeiture for parking violations on highways shall be the amount applicable to such violations by owners or operators of motor vehicles under Chapter 432, Vehicles and Traffic, of the City Code.
A. 
Uniform citation for highway violations. The Uniform Traffic Citation promulgated under § 345.11, Wis. Stats., shall be used for violations of this article relating to highway use except as herein provided.
B. 
Parking violations. The special traffic citation described and defined in Chapter 432, Vehicles and Traffic, of this Code shall be used for enforcement of violations of rules of the road relating to parking of vehicles adopted by reference in § 381-1 of this article.
C. 
Other violations. All violations of this article not described in Subsection A or B shall be enforced in accordance with §§ 66.0114 and 66.0111, Wis. Stats. Stipulations of guilt or no contest may be made as provided in § 66.0114(1)(b), Wis. Stats., in substantially the form provided in the Uniform Traffic Citation within five days of the date of the citation for such violation. Bail deposits may also be made under § 66.0114, Wis. Stats.
D. 
Police Department to receive stipulations and penalties. Stipulations, forfeited penalties and deposits for obtaining release from arrest authorized under this article may be accepted at the Police Department offices.
E. 
Forfeited penalties and deposits. Except as otherwise provided in § 345.26, Wis. Stats., and the deposit schedule adopted by the Wisconsin Judicial Conference thereunder, required penalties and deposits or bail not including costs or fees for violation of this article shall be as established by the schedule adopted by the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Adopted 10-5-1995 as Title 10, Ch. 4, of the 1995 Code]
A. 
Purpose. The purpose of this article is to address the matter of all-terrain and utility terrain vehicle routes on City streets and to regulate the related operation of all-terrain and utility terrain vehicles in the City of Colby. The provisions of this article shall apply to all roadways and public property in the City of Colby within the jurisdiction of the Common Council.
B. 
Statutory authority. The Common Council of the City of Colby has the specific authority to adopt this article pursuant to § 23.33(8)(b) and (11), Wis. Stats.
C. 
Adoption of statutory provisions. The provisions describing and defining regulations with respect to all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) in the following enumerated subsections of § 23.33, Wis. Stats., and any future amendments or revisions, are hereby adopted by reference and made part of this article as if fully set forth herein. Any acts required to be performed by the following statutory subsections or which are prohibited by such statutory subsections are required to be performed by this section or are prohibited by this section:
(1) 
Section 23.33(1), Definitions.
(2) 
Section 23.33(1m), Utility Terrain Vehicle Program.
(3) 
Section 23.33(2), Registration.
(4) 
Section 23.33(2j), Nonresident Trail Passes.
(5) 
Section 23.33(2k), Weekend Exemption.
(6) 
Section 23.33(2m), Rental of All-Terrain Vehicles and Utility Terrain Vehicles.
(7) 
Section 23.33(3), Rules of Operation.
(8) 
Section 23.33(3c), Firearms.
(9) 
Section 23.33(3g), Use of Headgear.
(10) 
Section 23.33(4), Operation On or Near Highway.
(11) 
Section 23.33(4c) through 23.33(4z), Intoxicated Operation of an All-Terrain Vehicle or Utility Terrain Vehicle and Related Laws.
(12) 
Section 23.33(5), Age Restrictions.
(13) 
Section 23.33(6), Equipment Requirements.
(14) 
Section 23.33(6m), Noise Limits.
(15) 
Section 23.33(7), Accidents.
(16) 
Section 23.33(8)(f), Interference with Signs and Standards Prohibited.
(17) 
Section 23.33(12)(b), Refusal to Stop for Law Enforcement Officer.
(18) 
Section 23.33(13), Penalties [Subsections (a) and (b)1 and (b)4, (bg), (e) and (f)].
D. 
Definitions. The following definitions shall be applicable in this article, in addition to those definitions in § 23.33(1), Wis. Stats.:
ALL-TERRAIN VEHICLE
An engine-driven device which has a net weight of 900 pounds or less, which is originally manufactured with a width of 50 inches or less, which is equipped with a seat designated to be straddled by the operator and which is designed by the manufacturer to travel on three or more low-pressure tires. [§ 340.01(2g), Wis. Stats.]
IMMEDIATE FAMILY
Persons who are related as spouses, as siblings or as parent and child.
LAND ON WHICH OPERATION IS AUTHORIZED
Land under the management and control of a person who consents to the operation of an all-terrain or utility terrain vehicle on the land.
LAND UNDER THE MANAGEMENT AND CONTROL OF THE PERSON'S IMMEDIATE FAMILY
Land owned or leased by the person or a member of the person's immediate family over which the owner or lessee has management and control. The term excludes land owned or leased by an organization of which the person or a member of the person's immediate family is a member.
MINI-BIKE
Any motorized two-wheel vehicle used primarily for off-road use, including, but not limited to, motorcycles and off-road motorized trail bicycles.
SELF-PROPELLED VEHICLES
Any motorized vehicle primarily used for off-road use, including, but not limited to, go-carts, all-terrain and utility terrain vehicles and other nonregistered vehicles per Ch. 341, Wis. Stats., but not including snowmobiles.
SMALL UTILITY TERRAIN VEHICLE
A utility terrain vehicle that has four wheels and that has either an engine certified by the manufacturer at not more than 200 cubic centimeters or an equivalent power unit.
SNOW REMOVAL DEVICE
An attachment designed and installed for the purpose of removing snow, such as a plow blade, blower, bucket or brush.
UTILITY TERRAIN VEHICLE (UTV)
Any of the following:
(1) 
A 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 net weight of less than 2,000 pounds.
(b) 
Four or more low-pressure tires.
(c) 
A cargo box installed by the manufacturer.
(d) 
A steering wheel.
(e) 
A tail light.
(f) 
A brake light.
(g) 
Two headlights.
(h) 
A width of not more than 65 inches.
(i) 
Seats for at least two occupants, all of which seating is designed not to be straddled.
(j) 
A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
(k) 
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.
(2) 
A motor-driven device that has a net weight of more than 900 pounds, that is originally manufactured with a width of 50 inches or less, that is equipped with a seat designed to be straddled by the operator and that is designed by the manufacturer to travel on three or more low-pressure tires. [See § 23.33(ng), Wis. Stats.]
A. 
Operation of all-terrain vehicles.
(1) 
Operation on designated routes only.
(a) 
Pursuant to § 23.33(4)(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 portion of any highway or street, public park, cemetery or on any other public property in the City of Colby except on roadways, alleys and trails that are designated as all-terrain and utility terrain vehicle routes by this section. Unless authorized by the Common Council, no ATV/UTV shall be operated on any walking, bicycle, equestrian or other special use trail or path.
(b) 
No person shall operate an all-terrain or utility terrain vehicle upon private property without the owner's express permission, except upon routes and trails designated by the Common Council as all-terrain or utility terrain vehicle routes/trails.
(c) 
Municipal or other governmental all-terrain or utility terrain vehicles used for governmental purposes are authorized to operate on streets, alleys and rights-of-way. As part of a designated route system, the Common Council may also designate limited access for the sole purpose of access to main designated routes.
(2) 
Permissible operation on designated roadways. Operation of all-terrain vehicles on a roadway or alley in the City of Colby that is an all-terrain and utility terrain vehicle route 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 paved roadways, all-terrain and utility terrain vehicles shall be operated on the paved portion of the roadway and not on the gravel shoulder, except when necessary to avoid other vehicles.
B. 
Designation of all-terrain and utility terrain vehicle roadway routes. The City of Colby Common Council designates as authorized all-terrain and utility terrain vehicle routes all City streets and alleys. The Council may also designate by resolution non-street ATV/UTV routes.
C. 
Conditions applicable to all-terrain and utility terrain vehicle roadway routes. Pursuant to § 23.33(8)(d), Wis. Stats., the following restrictions are placed on the use of the City of Colby all-terrain and utility terrain vehicle roadway and alley routes designated in Subsection B above:
(1) 
Signage. All-terrain and utility terrain vehicle roadway routes shall be marked with uniform ATV/UTV signs as prescribed in § NR 64.12(7), Wis. Adm. Code. No person may do any of the following in regard to signs marking City of Colby all-terrain and utility vehicle routes:
(a) 
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 or standard if the sign or standard is legally placed by the State of Wisconsin, any local government or any authorized individual or organization.
(b) 
Possess any uniform all-terrain or utility terrain vehicle route or trail sign or standard of the type established by the Wisconsin Department of Natural Resources for the warning, instruction or information of the public, unless he/she obtained the uniform all-terrain or utility terrain vehicle 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.
(2) 
Route use regulations. In addition to the requirements of this section and applicable provisions of the Wisconsin Statutes adopted by reference, operators utilizing a designated trail shall comply with the requirements of § 381-12.
D. 
Snow removal exception. For the purpose of snow removal, an all-terrain or utility terrain vehicle with a snow removal device attached may be operated on any City of Colby street, sidewalk or alley, or adjacent to a street, alley or public sidewalk, when all of the following provisions are complied with:
(1) 
The operator is actively engaged in snow removal activity on the property, or is en route to or from the property, and not exceeding five miles per hour while on the sidewalk, street or alley. The travel necessary to or from the snow removal site shall not exceed two miles.
(2) 
The operator shall follow the shortest and most direct route to the property at which snow removal activities will be conducted when a snowplow blade is attached.
(3) 
The operator of the all-terrain or utility terrain vehicle is 16 years of age or older and has a valid driver's license.
(4) 
The ATV's/UTV's headlights are on at all times and not obstructed by the attached snow removal device.
(5) 
The operator of the all-terrain or utility terrain vehicle yields the right-of-way to any pedestrian, bicyclist or motor vehicle approaching on a street, sidewalk or alley.
(6) 
The manner of snow removal is consistent with City of Colby ordinances.
E. 
Rules of the road. Except as otherwise provided in § 23.33, Wis. Stats., and herein, all-terrain vehicles and utility terrain vehicles shall follow the State of Wisconsin rules of the road that are applicable to automobiles.
F. 
Yield to traffic and pedestrians. All all-terrain and utility terrain vehicles shall yield to all vehicular traffic and pedestrian movement.
A. 
Conditions of operation. The following conditions of operation shall apply to all operators and passengers of all-terrain and utility terrain vehicles:
(1) 
Statutory operation regulations. Operation of all-terrain and utility terrain vehicles shall be subject to all provisions of § 23.33, Wis. Stats., which is adopted above by reference as a part of this section by § 381-10C above, pursuant to § 23.33(11), Wis. Stats. Specifically, no person may operate an all-terrain or utility terrain vehicle:
(a) 
In any careless way so as to endanger the person or property of another.
(b) 
On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for ATV/UTV use.
(c) 
On public property that is posted as closed to ATV/UTV operation or on which the operation of an all-terrain or utility terrain vehicle is prohibited by law.
(d) 
With any crossbow in his or her possession unless the crossbow is not cocked or is unloaded and enclosed in a carrying case.
(e) 
With any bow in his or her possession unless the bow does not have an arrow nocked.
(f) 
With any firearm in his or her possession unless the firearm is unloaded or is a handgun, as defined in § 175.60(1)(bm), Wis. Stats. This limitation does not apply to a firearm that is placed or possessed on an all-terrain or utility terrain vehicle that is stationary, as defined in § 167.31(1)(fg), Wis. Stats.
(g) 
With a passenger riding in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.
(h) 
Unless he or she, and every occupant of the utility terrain vehicle, is seated on a seat that is original to the utility terrain vehicle as manufactured.
(2) 
Speed limits.
(a) 
All ATV/UTV operators shall observe a speed limit of 20 miles per hour on the designated and posted roadway/alley or the posted roadway/alley speed limit, whichever is lower. Lower speed limits may be designated on certain portions of roadway routes as deemed appropriate and indicated by signage. This speed limit shall also apply while operating on private property.
(b) 
ATV/UTV operators shall slow to 10 miles per hour when within 150 feet of a residence or business, including when operating on private property held open to public ATV/UTV use. This speed limitation does not apply to a person operating an ATV/UTV on a roadway that is designated as an all-terrain vehicle route.
(c) 
ATV/UTV operators shall slow to 10 miles per hour, yield and exercise extreme caution on the frozen surface of public waters or on an ATV/UTV trail when within 100 feet of another person not operating a motor vehicle, all-terrain vehicle, utility terrain vehicle or snowmobile, and shall observe all other requirements in § 23.33, Wis. Stats. This restriction does not apply to operation of an ATV/UTV or when competing in a sanctioned derby or race.
(d) 
ATV/UTV operators shall not exceed a speed of 10 miles per hour when within 100 feet of a fishing shanty at a speed exceeding 10 miles per hour.
(e) 
ATV/UTV operators shall not exceed a speed of 15 miles per hour when the ATV/UTV is being operated on a roadway or adjacent to a roadway with a snow removal device attached, if the ATV/UTV is more than 150 feet from a dwelling.
(f) 
ATV/UTV operators shall not exceed five miles per hour when the ATV/UTV is being operated on a sidewalk or driveway with a snow removal device attached, regardless of proximity to a dwelling.
(3) 
Restrictions on equipment. No all-terrain or utility terrain vehicle may be operated within the City of Colby unless it complies with all noise, registration and other equipment standards as established in the Wisconsin Statutes, Wisconsin Administrative Code or the City of Colby Code of Ordinances.
(4) 
Headlight/Taillight and trailer requirements. A person who operates an all-terrain or utility terrain vehicle during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the vehicle, as follows:
(a) 
The headlamp is required to display a white light of sufficient illumination power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain or utility terrain vehicle. The headlight shall be properly adjusted so as to not interfere with the operation of other vehicles on the roadway.
(b) 
Taillights shall be red in color and be observable during hours of darkness to a distance of 500 feet to the rear.
(c) 
If a trailer is towed behind an all-terrain or utility terrain vehicle, the trailer shall conform with all lighting requirements applicable to an all-terrain or utility terrain vehicle.
(5) 
Noise limits. No person may manufacture, rent, sell or operate an all-terrain or utility terrain vehicle that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the Wisconsin Department of Natural Resources.
(6) 
Operations restrictions. Because the City of Colby Common Council designates all City streets and alleys as official designated routes, all-terrain and utility terrain vehicles operating on City of Colby streets, roads and other public property shall comply with the following:
(a) 
All-terrain and utility terrain vehicles shall be operated on the extreme right side of the roadway and travel with the flow of traffic.
(b) 
All-terrain and utility terrain vehicles shall be operated in single file, with headlights and taillights in operation at all times.
(c) 
All-terrain and utility terrain vehicle operators shall yield the right-of-way to all other vehicular traffic and pedestrians.
(d) 
No racing-type all-terrain or utility terrain vehicles, all-terrain or utility terrain vehicle conversions or converted drive trains will be allowed on City of Colby streets, alleys or public ways.
B. 
Operator standards.
(1) 
General standards. Operation of an all-terrain or utility terrain vehicle on a City of Colby street, alley or public way by unlicensed or youth operators shall be governed by the restrictions of § 23.33(5), Wis. Stats. No person who is not lawfully licensed, or under a current driver's license suspension, revocation or cancellation for any reason, may operate an all-terrain or utility terrain vehicle upon a public street or public way in the City of Colby except in conformance with this section and § 23.33(5), Wis. Stats.
(2) 
All-terrain vehicle operator age restrictions.
(a) 
Subject to Subsection B(2)(b) through (e), no person under the age of 12 years of age may operate an all-terrain vehicle unless any of the following criteria applies:
[1] 
He or she is operating the ATV for an agricultural purpose and he/she is under the supervision of a person over 18 years of age. "Supervision" does not require that the person under 12 years of age be subject to continuous direction or control by the person over 18 years of age.
[2] 
He or she is operating a small all-terrain vehicle on an all-terrain vehicle trail designated by the Wisconsin Department of Natural Resources (DNR) and he or she is accompanied by his or her parent or guardian or by a person who is a minimum of 18 years of age who is designated by the parent or guardian.
(b) 
No person who is under 12 years of age may operate an all-terrain vehicle that is an implement of husbandry on a roadway under any circumstances.
(c) 
No person who is under 12 years of age may operate an all-terrain vehicle on a roadway under the authorization provided under § 23.33(4)(d)6, Wis. Stats., under any circumstances.
(d) 
No person who is under 16 years of age may operate an all-terrain vehicle under the authority provided under § 23.33(4)(d)4 or 7, Wis. Stats., unless the person is accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.
(e) 
No person who is under 16 years of age may operate an all-terrain vehicle under the authorization provided under § 23.33(4)(f), Wis. Stats., under any circumstances.
(f) 
No person who is under 12 years of age may rent or lease an all-terrain vehicle.
(3) 
Utility terrain vehicle operator age restrictions.
(a) 
No person under 16 years of age may operate, rent or lease a utility terrain vehicle unless any of the following apply:
[1] 
He or she is operating the UTV for an agricultural purpose and he or she is under the supervision of a person over 18 years of age. "Supervision" does not require that the person under 16 years of age be subject to continuous direction and control by the person over 18 years of age.
[2] 
He or she is at least 12 years of age, is operating a small utility terrain vehicle on an all-terrain vehicle trail designated by the Wisconsin Department of Natural Resources and he or she is accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.
(b) 
Except as provided in § 23.33(4)(d)1, 2, and 3a, Wis. Stats., no person who is under 16 years of age may operate a utility terrain vehicle on a roadway.
(4) 
Safety certification requirements.
(a) 
No person who is at least 12 years of age and who was born on or after January 1, 1988, may operate an all-terrain or utility terrain vehicle unless he or she holds a valid safety certificate issued by the Wisconsin Department of Natural Resources, another state or a province of Canada.
(b) 
Any person who is required to hold an all-terrain or utility terrain vehicle safety certificate while operating an ATV or UTV shall carry proof that the person holds a valid safety certificate and shall display this proof to a law enforcement officer upon request. Persons enrolled in a safety certification program approved by the Wisconsin Department of Natural Resources may operate an all-terrain or utility terrain vehicle in an area designated by the instructor.
(c) 
Notwithstanding the safety certificate requirements under this subsection, a person is not required to hold a safety certificate if all of the following apply:
[1] 
The person operates an all-terrain or utility terrain vehicle at an all-terrain or utility terrain vehicle demonstration event.
[2] 
The event under Subsection B(4)(c)[1] above is sponsored by an all-terrain or utility terrain dealer, an all-terrain or utility terrain vehicle club, the State of Wisconsin, a city, a village, a town or a county.
[3] 
If the person is under 18 years of age, the person is accompanied by his or her parent or guardian or is accompanied by a person over 18 years of age who is designated by the parent or guardian.
[4] 
Notwithstanding Subsection D(2), the person wears protective headgear of the type required under § 347.485(1), Wis. Stats.
[5] 
The person operates the all-terrain or utility terrain vehicle in a closed course area in the manner prescribed by the event sponsor.
(5) 
Age restriction exceptions.
(a) 
Subsections B(2) through (4) above do not apply to a person who operates an all-terrain or utility terrain vehicle exclusively on land that is either of the following:
[1] 
Land under the management and control of the person's immediate family.
[2] 
Land, other than land described in Subsection B(5)(a)[1] above, on which operation is authorized.
(b) 
A person who operates an all-terrain or utility terrain vehicle on land on which operation is authorized qualifies for the exception under Subsection B(5)(a)[2] above only if the person is under 12 years of age and operates the all-terrain or utility terrain vehicle when accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.
C. 
Route markers.
(1) 
Erection of trail markers. City of Colby Department of Public Works personnel are directed and authorized to procure, erect and maintain appropriate route, trail and/or speed limit signs and markers as required by the Wisconsin Statutes and § NR 64.12, Wis. Adm. Code and specifically § NR 64.12(7)(c), Wis. Adm. Code. The City may require the assistance of all-terrain/utility terrain vehicle organizations in satisfying this requirement.
(2) 
Trail status/closure. The Mayor or the Chief of Police, upon the recommendation of law enforcement or Public Works personnel, shall have the authority to declare designated all-terrain and/or utility terrain vehicle routes and trails open or closed. Such closure and opening information shall be posted.
(3) 
Signs and markers to be obeyed. No person shall fail to obey any route or trail sign, marker or speed limit or other control device erected in accordance with this subsection or traffic sign or signal under authority of the Wisconsin Statutes.
D. 
Use of headgear.
(1) 
General requirement. No person may operate or be a passenger on an ATV/UTV without wearing protective headgear of the type required by § 347.485(1)(a), Wis. Stats., and with the chin strap properly fastened.
(2) 
Exceptions to headgear requirements. Protective headgear required under Subsection D(1) above need not be worn if:
(a) 
The person is a minimum of 18 years of age.
(b) 
The person is traveling for the purposes of hunting or fishing and is a minimum of 12 years of age.
(c) 
The all-terrain or utility terrain vehicle is being operated for an agricultural purpose.
(d) 
The all-terrain or utility terrain vehicle is being operated by a person on land under the management and control of the person's immediate family.
E. 
Storage restrictions. No more than three all-terrain or utility terrain vehicles may be parked outside of a building or garage on a residential property for more than 24 hours.
F. 
Enforcement. This article shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
G. 
Penalties. Wisconsin state all-terrain and utility terrain vehicle penalties as found in § 23.33(13)(a), Wis. Stats., are adopted and incorporated herein by reference.
H. 
Required notifications. The City of Colby shall submit a copy of this article upon adoption to the Wisconsin Department of Natural Resources, Wisconsin State Patrol and the County Sheriff's Departments of Clark and Marathon Counties, as required by law.
A. 
Findings.
(1) 
The unauthorized off-road operation of motor vehicles within the City of Colby can result in serious damage to public and private lands including damage or destruction of vegetation, animal life and improvements on the lands; and
(2) 
The unauthorized off-road operation of motor vehicles can result in the permanent scarring of land and an increase in erosion, noise pollution and air pollution; and
(3) 
The unauthorized off-road operation of motor vehicles can result in collisions or near collisions threatening the life and safety of the operators of such vehicles as well as of other persons and personal property; and
(4) 
The unauthorized off-road operation of motor vehicles can result in a loss of the privacy, quietude and serenity to which the owners and users of land, and their neighbors, are rightfully entitled.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
(1) 
Any vehicle which is self-propelled and shall include, but not be limited to, automobiles, trucks, jeeps, vans, motorcycles, motorbikes, go-karts, utility terrain vehicles, all-terrain vehicles, mopeds, snowmobiles and dune buggies. "Motor vehicle" shall not mean any airplane, railroad train, boat, assisted mobility device or bicycle.
(2) 
A vehicle which would otherwise be defined as a motor vehicle under this section shall not be so defined while:
(a) 
It is being operated solely for the purpose of construction or maintenance of an improvement to land or solely for access to construction or maintenance sites, provided such operation is by persons having legitimate business on such lands or sites;
(b) 
It is being operated by or at the direction of public employees or utility company employees as part of their employment duties.
(c) 
It is being operated 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.
OFF-ROAD
(1) 
Any location which:
(a) 
Is not a paved or maintained as a public street or alley; or
(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 creekbed, riverbed or lake; provided, however, that this subsection shall not apply to snowmobiles or other vehicles being operated on the ice covering such creekbed, riverbed or lake.
OPERATION
The physical manipulation or activation of any of the controls of a motorized vehicle necessary to put it in motion.
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 in the City of Colby.
(2) 
Except for authorized maintenance vehicles, snowmobiles or all-terrain/utility terrain vehicles operating on routes/trails authorized by the Common Council or as otherwise authorized by this article, it shall be unlawful to operate any minibike, go-kart or any other motor-driven craft or vehicle principally manufactured for off-highway use on City of Colby streets, alleys, parks, sidewalks, bikeways, 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.
(3) 
Operation of vehicles regulated by this section shall not be operated in the following manner:
(a) 
At a rate of speed that is unreasonable or imprudent under the circumstances.
(b) 
In a careless way so as to endanger people or property.
(c) 
While under the influence of intoxicating liquor, fermented malt beverages, wine, narcotics or other controlled substances.
(d) 
Without a functioning muffler or in such a way that the exhaust of the engine produces an excessive or unusual noise.
(e) 
Upon any public street or alley, or upon a sidewalk or public right-of-way, unless such vehicle is registered for street operation as required by Ch. 341, Wis. Stats., and its operation in the City is permitted by the City of Colby Code of Ordinances.
(f) 
Except where authorized, upon any lands owned, operated or leased by the City of Colby.
D. 
Liability of parent or guardian. No parent or guardian of any person under the age of 18 years of age shall authorize or permit such child to violate any of the provisions of this section. Any person under the age of 18 years of age who shall operate a vehicle in a manner prohibited by this section shall be presumed to be operating such vehicle under the authority of a parent or guardian.