[Adopted 1-14-2021 by Ord. No. 20-01]
The Village Board of the Village of Osceola hereby adopts the following all-terrain vehicle (ATV) and utility terrain vehicle (UTV) article and routes for the operation of all-terrain vehicles and utility terrain vehicles as those terms are defined in § 23.33(1), Wis. Stats., upon the roadways listed in Chapter
179. Following due consideration of the recreational value to connect trail opportunities and promoting various forms of transportation and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, the routes have been created.
These routes are created pursuant to Village authority as authorized
by §§ 23.33(8)(b) and 23.33(11), Wis. Stats. Further,
§ 23.33(11), Wis. Stats., authorizes the Village to create
ordinances to regulate ATVs and UTVs on trails or routes that are
designated by the Village.
This article designates all roads within jurisdiction and corporate
limits of the Village of Osceola with a posted speed limit of 35 mph
or less, except as set forth below, as ATV and UTV vehicle routes:
As a condition for the use of these route(s), the following
shall apply to all operators:
A. Those provisions and requirements set forth in § 23.33,
Wis. Stats., are hereby adopted by reference, and in addition the
conditions listed below are adopted.
B. Speed limits: 35 mph, or as otherwise posted for automobile traffic,
whichever is lower; 10 mph when pedestrians are present.
C. All ATVs and UTVs and their operators must be covered by liability
insurance.
D. All ATV and UTV operators shall ride single file on the right side
of the road unless making a left turn.
E. No person may operate an ATV or UTV on any route in the Village without
a valid Class D (or equivalent if issued by a jurisdiction other than
Wisconsin) driver's license.
F. No person under the age of 18 may operate or ride on an ATV or UTV
without wearing a helmet approved by the State of Wisconsin for that
purpose.
G. All ATVs and UTVs shall operate in the Village only during daylight
hours. "Daylight hours" means from 1/2 hour before sunrise to 1/2
hour after sunset.
H. All operators are required to have headlamps (white light) and taillamps
(red light) turned on at all times.
I. Travel to and from places of residence and designated routes. ATV/UTV
operators who desire to operate from their places of residence in
the Village to a designated route shall use the most direct route
to access the nearest designated route and shall be subject to all
rules of the road in the process.
All required designated route signs shall be paid for and installed
by an ATV/UTV club approved and under the direction of the Village
of Osceola.
This article shall be enforced by any law enforcement officer
of the Village or any other officer authorized to enforce the laws
of the State of Wisconsin.
Wisconsin state all-terrain and utility terrain vehicle penalties
as found in § 23.33(13)(a), Wis. Stats., are adopted by
reference and may be enforced through the issuance of municipal citations
as provided elsewhere in the Code.
The provisions of the article shall be deemed severable, and
it is expressly declared that the Village of Osceola would have passed
the other provisions of this article irrespective of whether or not
one or more provisions may be declared invalid. If any provision of
this article or the application to any person or circumstances is
held invalid, the remainder of the article and the application of
such provisions to other persons' circumstances shall not be
deemed affected.