Town of Winneconne, WI Chapter 296 Vehicles, All-Terrain and Utility-Terrain

[HISTORY: Adopted by the Town Board of the Town of Winneconne 10-18-2019 by Ord. No. 2018-4. Amendments noted where applicable.]

§ 296-1 Intent.

The Town of Winneconne, Winnebago County adopts the following all-terrain vehicle (ATV) and utility terrain vehicle (UTV) route ordinance upon the roadways listed herein. Following due consideration of the recreational value to connect trail opportunities and weighed against possible dangers, public health, liability aspects, terrain involved, traffic density and automobile traffic volume, this route has been created.

§ 296-2 Statutory authority.

This route is created pursuant to Town authority as authorized by § 23.38(8)(b), Wis. Stats. The applicable provisions of § 23.33 regulating ATV/UTV operations pursuant to routes are adopted.

§ 296-3 Routes.

A. The Town of Winneconne reserves the right to close or modify routes at any time.

B. The Town of Winneconne, or its designee, shall maintain all route signs within the Town.

C. All ATV/UTV routes shall be signed in accordance with NR 64.12 and NR 64.12(7).

D. Routes designated.

[Amended 2-20-2020 by Ord. No. 2020-3; 7-16-2020 by Ord. No. 2020-6; 5-20-2021 by Ord. No. 2021-1]

(1) All Town roads are designated ATV/UTV routes in the Town of Winneconne.

(2) The following County roads within the Town of Winneconne have been authorized by Winnebago County for ATV/UTV travel:

(a) County Highway B from the west Town line to Lakeshore Road.

(b) County Highway D from the west Town line to Mueller Road.

(c) County Highway M from the corner of Lasley Point Road north to the Winchester Town line.

E. The Town of Winneconne Clerk shall maintain a route map.

§ 296-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ALL-TERRAIN VEHICLE or ATV

A commercially designed and manufactured motor-driven device that has a weight, without fluids, of 900 pounds or less, has a width of 50 inches or less, is equipped with a seat designed to be straddled by the operator, and travels on three or more low-pressure tires or nonpneumatic tires or as defined in Wis. Stats. § 23.33(b) and any amendments thereto.

A. A commercially designed and manufactured motor driven device to which all of the following applies:

(1) It has a weight, without fluids, of more than 900 pounds but not more than 2000 pounds.

(2) It has a width of 50 inches or less.

(3) It is equipped with a seat designed to be straddled by the operator.

(4) It travels on three or more low-pressure tires or nonpneumatic tires.

ATV/UTV ROUTE

A roadway designated by Town ordinance for use by all-terrain vehicle operators or utility-terrain vehicle operators or as defined in Wis. Stats. § 23.33(c) and any amendments thereto.

GOLF CART

A vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and that is designed and intended to convey one or more persons and equipment to play the game of golf in an area designated as a golf course or as defined in Wis. Stats. § 23.33(fm) and any amendments thereto. A golf cart is not an ATV or UTV and is not allowed on the ATV/UTV route established by this chapter.

UTILITY-TERRAIN VEHICLE or UTV

Any of the following, or as defined in Wis. Stats. § 23.33(ng) and any amendments thereto:

A. A commercially designed and manufactured 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:

(1) A weight, without fluids, of 2,000 pounds or less.

(2) Four or more low-pressure tires or nonpneumatic tires.

(3) A steering wheel.

(4) A tail light.

(5) A brake light.

(6) Two headlights.

(7) A width of not more than 65 inches.

(8) A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.

(9) 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.

§ 296-5 Conditions.

A. All ATV/UTV operators shall wear eye protection.

B. All UTV operators and passengers shall wear a seat belt.

C. All ATV/UTV operators on routes shall observe posted roadway speed limits but shall not exceed 35 mph regardless whether a higher speed limit is posted.

D. All ATV/UTV operators shall ride single file.

E. No ATV/UTV may be operated on any designated route between the hours of 10:00 p.m. to 6:00 a.m. daily.

F. All ATV/UTV operators must have attained the age of 16 and must have a valid driver's license.

G. ATV/UTV operators shall possess State of Wisconsin Motor Vehicle Insurance coverage as per § 344.33 of the State Statutes.

[Added 2-20-2020 by Ord. No. 2020-2[1]]

(1) It shall include $25,000 bodily injury to, or death of one person in any one accident.

(2) Subject to the limit under Subsection G(1) above for one person, $50,000 because of bodily injury or death of two or more persons in any one accident.

(3) $10,000 minimum liability because of injury to, or destruction of property of others in any one accident.

[1] Editor's Note: This ordinance also renumbered former Subsections G through R as H through S, respectively.

H. All ATV/UTV operators must abide by all traffic laws.

I. No person under the age of 18 may operate an ATV/UTV on any designated route unless wearing approved protective head gear.

J. No ATV/UTV may be operated on any designated route which ATV/UTV does not meet all applicable federal noise and air pollution standards.

K. Operators of ATV/UTV shall observe all laws of this state pertaining to the use of ATV/UTV.

L. All ATV/UTV operators shall ride on paved surfaces only, except when yielding right of way.

M. Headlights must always be operational and visible from 200 feet and taillights must always be operational and visible from 500 feet in the hours of darkness.

N. No person may operate an ATV/UTV with a blood alcohol concentration (BAC) of .08% or more.

O. No person may operate an ATV/UTV with any detectable amount of a restricted controlled substance in their blood.

P. Town of Winneconne ATV/UTV routes can be closed at any time by the Town Board or Police Chief when public safety is at risk.

Q. ATV/UTV routes are intended for recreational travel to and from other ATV/UTV routes located outside the Town, or places of business or other destinations along the Town ATV/UTV routes. The Town ATV/UTV routes are not intended for continuous circular travel on the route only.

R. Operators must use hand signals when turning if ATV/UTV is not equipped with turn signals.

S. Any ATV/UTV driven on Town of Winneconne route must be registered for public use with the State of Wisconsin.

§ 296-6 Enforcement.

The Town Board authorizes the Winnebago County Sheriff to enforce this ordinance as well as any other law enforcement officer authorized to enforce the laws of the State of Wisconsin. This ordinance may be enforced by any Town Board member or designee of the Town.

§ 296-7 Penalties.

Wisconsin state all-terrain vehicle penalties as found in § 23.33(13)(a) Wis. Stats., are adopted by reference. Except for § 23.33 (am) to (e) person who violates this chapter shall forfeit not more than $250 and not less than $50.

§ 296-8 Severability.

This provision of this chapter shall be deemed severable and it is expressly declared that the Town of Winneconne would have passed the other provisions of this chapter irrespective of whether not 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 ordinance and the application of such provisions to other persons or circumstances shall not be deemed affective.[1]

[1] Editor's Note: Former § 296-9, Effective date, amended 10-17-2019 by Ord. No. 2019-5, was repealed 11-18-2021 by Ord. No. 2021-4.