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.
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.
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.
(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.
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.
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.
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.