[HISTORY: Adopted by the Town Board of the Town of Wescott 8-8-2019 by Ord. No. 2019-02. Amendments noted where applicable.]
Town of Wescott in Shawano County, enacts this chapter for the purpose of designating routes for the operation of ATVs and UTVs on Town of Wescott roads and highways within the Town of Wescott and regulating the operation of ATVs and UTVs on designated routes.
[Amended 12-9-2021 by Ord. No. 2021-05]
This chapter is enacted under the authority of §§ 23.33(8)(b) and (c), 23.33(11) and 60.22(3), Wis. Stats. The provisions of § 23.33, Wis. Stats., and the provisions of Ch. NR 64, Wis. Adm. Code, regulating ATV and UTV operations and containing applicable definitions are hereby adopted and incorporated into this chapter as though set forth in full herein.
A. 
Pursuant to § 23.33(4), Wis. Stats., except as provided in § 23.33, Wis. Stats., no person may operate an ATV or UTV on any part of Town of Wescott ("Town") except those portions of roads or highways within the Town of Wescott that are designated as ATV and/or UTV routes in § 272-5.
B. 
The operation of ATVs and UTVs on any portion of a road or highway within the Town of Wescott being designated as an ATV route and/or UTV route shall be subject to the following:
(1) 
ATVs and UTVs shall be operated on the extreme right side of the roadway on the paved surface.
(2) 
ATVs and UTVs shall be operated in compliance with all applicable Wisconsin laws, orders, regulations, restrictions and rules, including § 23.33, Wis. Stats., and Chapter NR 64, Wis. Adm. Code.
(3) 
All operators shall ride in single file.
(4) 
Operators are required to have headlamps (white light) and tail lamps (red light) turned on at all times. However, no off-road auxiliary lighting on ATVs or UTVs shall be used on segments approved for ATV/UTV use.
(5) 
No person under 12 years of age shall operate an ATV or UTV under any circumstances.
(6) 
All operators who were born after January 1, 1988, and are over the age of 12 are required to complete an approved ATV/UTV safety course, and carry the safety certificate with them while riding on public lands.
(7) 
All operators and passengers under the age of 18 shall wear a helmet approved by the Wisconsin Department of Transportation.
[Amended 3-14-2024 by Ord. No. 2024-02]
All ATV and UTV operators on designated routes shall observe and comply with posted roadway speed limits.
[Amended 6-10-2021 by Ord. No. 2021-02; 12-9-2021 by Ord. No. 2021-05]
Town roads: All town roads are designated as ATV routes unless posted as closed. The Town designates a nonroadway corridor of State Highway 22 ROW between Ash Circle and Cedar Lane as an ATV/UTV trail subject to permit approval from the Wisconsin Department of Transportation.
The Town, as a unit of government that designates the routes, may be responsible by state statute to maintain the proper route signs.
A. 
Routes shall be marked with uniform ATV route signs in accordance with § NR 64.12(7), Wis. Adm. Code.
[Amended 12-9-2021 by Ord. No. 2021-05]
B. 
The Town of Wescott, as the maintaining authority for Town roads designated as routes, shall install appropriate signs.
C. 
Shawano County shall maintain county highway designated as routes per County Ordinance No. 2018-09.
D. 
The Town of Wescott will expect donations from ATV/UTV users to help cover the cost of signage.
All ATV/UTV routes established pursuant to this chapter may be reviewed annually by the Town of Wescott Supervisors to consider the continued value, efficacy or need for the ATV/UTV routes or the inclusion of additional ATV/UTV routes, all pursuant to the intent of this chapter.
This chapter shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The penalties set forth in § 23.33(13)(a) Wis. Stats., are adopted by reference. Any person who violates this chapter shall, upon conviction, be subject to the forfeiture amount in the Fine and Forfeiture Schedule of the Town of Wescott that shall be as set from time to time by resolution by the Town of Wescott.
The provisions of this chapter shall be deemed severable and it is expressly declared that Town of Wescott in Shawano County would have passed the provisions of this chapter irrespective of whether one or more provisions may be declared invalid. If any provision of this chapter or the application to any person or circumstances is held invalid, the remainder of the chapter and the application of such provisions to other person's circumstances shall not be deemed affected.
This chapter shall be effective upon passage and publication and proper signage as required by law.
The Town of Wescott Clerk shall forward a copy of this chapter to the entities set forth in § 23.33(11)(b), Wis. Stats.