Village of Cambria, WI Chapter 431 Vehicles, All-Terrain

[HISTORY: Adopted by the Village Board of the Village of Cambria 5-3-2021. Amendments noted where applicable.]

§ 431-1 Applicability; definitions; purpose; enforcement.

A. Application. This chapter establishes all-terrain vehicle (ATV) and utility-terrain vehicle (UTV) routes pursuant to Wis. Stats., § 23.33. Except as otherwise provided in this chapter, the provisions of Wis. Stats. § 23.33, and for which the penalty provision is a forfeiture, are hereby adopted by reference, including future additions and amendments, and made a part of this chapter. The definitions as stated in Wis. Stats., § 23.33, including any future additions and amendments, are adopted and incorporated herein by reference for purposes of this chapter. For purposes of this chapter, "ATV/UTV" shall mean all-terrain vehicles and utility-terrain vehicles.

B. Purpose. The purpose of this chapter is to establish ATV/UTV routes and to provide safe and enjoyable ATV/UTV recreation consistent with public rights and interests.

C. Applicability and enforcement.

(1) The provisions of this chapter shall apply to the ATV/UTV routes in § 431-3 of this chapter. The provisions of this chapter shall be enforced by law enforcement.

(2) Adoption of this chapter shall not prohibit any law enforcement officer or DNR warden from proceeding under any other ordinance, regulation, statute, law or order that pertains to the subject matter addressed in this chapter.

(3) Municipal-owned ATVs/UTVs being operated by an on-duty municipal employee conducting municipal business are allowed to utilize all streets within Village limits and are exempt from the provisions of this chapter.

§ 431-2 Limitations; prohibited acts.

The following limitations apply to all areas designated in § 431-3 of this chapter:

A. No ATV/UTV shall be operated at a speed greater than 25 miles per hour and may be posted at a lower limit in certain areas.

B. No ATV/UTV shall be operated on any route within the Village corporate limits without fully functional headlights, taillights, and brake lights. Headlights and taillights must be illuminated while operating the vehicle.

C. ATVs/UTVs may only be operated on paved roadways that are designated routes. No person shall operate an ATV/UTV upon any sidewalk or pedestrian way within the Village unless it is for snow removal and the property owner has given their permission.

D. No ATV/UTV may be operated on any route within the Village corporate limits between the hours of 10:00 p.m. and 6:00 a.m. the following day.

E. No person under the age 18 years may operate an ATV/UTV on any route within the Village corporate limits unless that person can show proof of having completed an authorized ATV/UTV safety course and is wearing approved protective head gear.

F. No person under the age of 16 years may operate an ATV/UTV on any route within the Village corporate limits.

G. No ATV/UTV may be operated on any route within the Village corporate limits which ATV/UTV does not meet all applicable federal noise and air pollution standards.

H. No person shall operate an ATV/UTV upon any route within the Village corporate limits where operation of an ATV/UTV is authorized unless the owner or operator of the vehicle has in effect a liability policy covering the vehicle being operated and such owner or operator has in his or her possession a certificate or proof of insurance covering such vehicle which shall be displayed upon demand from any law enforcement officer. Such policy shall have personal liability insurance coverage for such operation in an amount not less than $100,000 per person, no less than $300,000 per accident, and no less than $100,000 for property damage.

I. It shall be unlawful for any person to possess an open intoxicant container while operating, or as a passenger on, an ATV/UTV on any route or street within the corporate limits of the Village of Cambria.

J. All ATV/UTV operators shall ride single file on the right-hand side of the road.

K. No person shall leave an ATV/UTV owned or operated by them to remain unattended upon any private property or public property while running or with the starting key left in the ignition.

§ 431-3 ATV/UTV Routes.

A. Under Wis. Stats., § 23.33(8)(b)1, the Village of Cambria designates all Village-maintained roads and streets as ATV/UTV routes, except as posted.

B. Under Wis. Stats., § 23.33(11)(am)4, the Village of Cambria authorizes the operation of ATVs/UTVs on all county and state highways within the Village corporate limits that have a posted speed limit of 35 mph or less.

§ 431-4 Route/trail signs; authorization for operation.

A. All required route signs shall be those approved by the Wisconsin Department of Transportation in cooperation with the Wisconsin Department of Natural Resources and installed in accordance with the Wisconsin Department of Natural Resources Trail Signing Handbook.

B. sign may be mounted on any existing county or state sign post unless prior approval is received.

C. No person may erect, remove, obscure, or deface any official designated route or trail sign unless authorized by the Cambria Village Board.

D. No person may operate an ATV/UTV contrary to any authorized and official posted sign.

E. The Village reserves the right to post the appropriate signs in the appropriate locations in accordance with Wis. Stats., § 23.33(8)(e)3, 4, and 5.

§ 431-5 Enforcement.

The provisions of this chapter shall be enforced by law enforcement. Nothing contained herein shall prevent any other law enforcement agency, including the Wisconsin Department of Natural Resources, from enforcing the provisions of this chapter.

§ 431-6 Forfeiture provisions; violations and penalties.

The penalty provisions of § 1-5, Cambria Code of Ordinances, General Penalty, shall apply to any violation of this chapter.