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Village of Theresa, WI
Dodge County
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[HISTORY: Adopted by the Village Board of the Village of Theresa 9-14-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 290 but was renumbered in order to maintain the alphabetical organization of the Code.
The Village Board has considered the recreational and economic value of all-terrain vehicle and utility terrain vehicle (ATV/UTV) routes and trail opportunities weighed against protecting the public safety, liability aspects, terrain involved, traffic density, and history of automobile traffic. After due consideration, this chapter is created to establish all-terrain vehicle and utility terrain vehicle routes on public roadways and trails on the Village property and to regulate the operation of such vehicles on such routes and trails to provide safe and healthful conditions for the enjoyment of ATV/UTV recreation consistent with public rights and interest pursuant to Village authority under §§ 62.11(5), 23.33(8) and 23.33(11), Wis. Stats.
Except as otherwise provided in this chapter, the statutory provisions in Chs. 23, 340 to 348, and 350, Wis. Stats., 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.
The Village of Theresa authorizes the operation of ATVs/UTVs on the following routes and trails:
A. 
Milwaukee Street (Highway 175) from the north Village limits to the south Village limits.
B. 
Mayville Street (Highway 28) from west Village limits to Highway 175/Milwaukee Street.
C. 
Depot Road (Highway DD) from Village limits to Highway 175/Milwaukee Street.
D. 
Passage Route from Highway 175/Milwaukee Street to McArthur Road via Henni Street to Wisconsin Street to Bancroft Road to Tower Lane to the southwest Village limits on McArthur Road.
E. 
Passage Route from Highway 175/Milwaukee Street to McArthur Road via Tower Lane to the southwest Village limits at McArthur Road.
F. 
Village residents may use other Village streets only for the purpose of getting to and from the marked trail and/or for the purpose of reaching the brush pile.
G. 
The Theresa Police Department may temporarily close any ATV/UTV route whenever conditions require closure.
ATV/UTV route and trail signs shall be installed and maintained in accordance with Wis. Adm. Code NR 64.12 (7).
A. 
The Village of Theresa is solely responsible for ATV/UTV route signage installation, and no person may install any sign on an ATV/UTV route without written authorization of the Village of Theresa.
B. 
All required signs shall be in accordance with state statutes and administrative codes applicable to ATV/UTV routes on public streets and bridge crossings.
C. 
No person may erect, remove, obscure, or deface any authorized ATV/UTV route sign without written authorization of the Village of Theresa.
Operation of ATVs and UTVs on ATV/UTV routes shall be subject to all provisions of § 23.33, Wis. Stats., which is adopted as a part of this chapter by reference. The following restrictions apply to operation of ATVs and UTVs on all village streets:
A. 
ATVs and UTVs may only be operated on approved ATV/UTV routes from 6:00 a.m. to 10:00 p.m.
B. 
ATVs and UTVs shall operate at a safe speed not to exceed the posted speed limits.
C. 
No person shall operate an ATV or UTV on any trail or route where the vehicle does not meet state or municipal noise and exhaust restriction requirements.
D. 
No person shall operate an ATV or UTV on any route or trail without fully functional headlights, taillights and brake lights. All operators shall display a lighted headlight and taillight at all times while on the route or trail in the Village.
E. 
No person under the age of 16 may operate an ATV or UTV on any segment of a street or highway in the Village of Theresa.
F. 
Operators and passengers under the age of 18 years of age shall wear protective headgear as required under Section 347.485(1)(a), Wis. Stats., with a chin strap securely fastened at all times of operation.
G. 
Every person who operates an ATV or UTV on any street or highway in the Village of Theresa shall have in his or her immediate possession a valid motor vehicle operator's license. The ATV/UTV operator shall display the operator's license upon demand from any law enforcement officer, state patrol officer, inspector under § 110.07(1), Wis. Stats., conservation warden, or municipal peace officer.
H. 
No operator or passenger of an ATV or UTV may possess in or on an ATV or UTV on any street or highway in the Village of Theresa, any bottle or receptacle containing alcohol beverages if the bottle or receptacle has been opened, the seal has been broken, or the contents of the bottle or receptacle have been partially removed or released.
I. 
No person shall operate an ATV or UTV within any Village park or on any sidewalk, designated bicycle or pedestrian lane, gravel shoulder, ditch or other area of any street right-of-way other than on the paved roadway, unless specifically designated and posted otherwise by the Village.
J. 
All ATV and UTV equipment is required to have applicable liability insurance and have proof of insurance.
A copy of this chapter shall be sent to the Wisconsin State Patrol, Dodge County Sheriff's Department and to the Wisconsin Department of Natural Resources.
A. 
Except as provided in § 23.33(13)(am) to (e), Wis. Stats., any person who violates any section of this chapter or statutes adopted by reference shall pay a forfeiture of not less than $50 nor more than $250 for each offense. Said forfeiture is exclusive of mandatory assessments and costs.
B. 
The penalty for operating an ATV/UTV off the roadway to include the grassy in-slope, ditches, or other highway right-of-way; other than for direct access from a trail to a roadway on a designated trail, or operating outside of permitted times for route use, or operating in excess of permitted speed; shall result in a forfeiture of not less than $100 nor more than $250, as established in Ch. 23, Wis. Stats. Said forfeiture is exclusive of mandatory assessments and costs.
C. 
In addition to any forfeiture, a court may order restitution to repair any damage caused by violation of this chapter.
This chapter is effective on publication or posting and installation of proper signage. The Village Clerk shall properly publish this chapter as required under § 60.80, Wis. Stats.