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.
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.