[Adopted 12-14-1998 as Title 10, Ch. 4, of the 1998 Code]
[Amended 5-11-2015 by Ord. No. 2015-01]
The provisions describing and defining regulations with respect
to all-terrain vehicles in the following enumerated subsections of § 23.33,
Wis. Stats., and any future amendments or revisions, are hereby adopted
by reference and made part of this section as if fully set forth herein.
Any acts required to be performed by the following statutory subsections
or which are prohibited by such statutory subsections are required
to be performed by this section or are prohibited by this section:
23.33(1)
|
Definitions [including Subsections (a) through (n)]
|
23.33(2)
|
Registration
|
23.33(3)
|
Rules of operation [including Subsections (a) through (i)]
|
23.33(4)
|
Operation on or near highways [including Subsections (a) through
(e)]
|
23.33(5)(a) and (c)
|
Age restrictions
|
23.33(6)
|
Equipment requirements [including Subsections (a) through (e)]
|
23.33(7)
|
Accidents [including Subsections (a) and (b)]
|
[Adopted 9-14-2020 by Ord. No. 2020-02; amended in its entirety 9-13-2021 by Ord. No. 2021-04]
The Village of Brandon, Fond du Lac County, adopts the following
all-terrain vehicles and utility terrain vehicles routes for the operation
of said vehicles on all Village streets.
These routes of Village streets are done according to Village
authority under § 23.33(8)(B), Wis. Stats. The applicable
provisions of § 23.33, Wis. Stats., regulating ATV and UTV
operation pursuant to the routes are adopted.
The following conditions shall apply to all operators (and passengers)
as applicable:
A. All ATV/UTV operators must carry liability insurance coverage, and
such operator has in his/her immediate possession a certificate or
proof of insurance covering such vehicle, which shall always be displayed.
B. ATV/UTV operation is a risk of the operator. The Village of Brandon
has no liability for any damage or injury to persons, real property
or personal property arising out of the operation of ATVs and UTVs
on designated routes.
C. All ATVs/UTVs must be properly registered with the Department of
Natural Resources (DNR) prior to operating on any routes.
D. All ATV/UTV operators shall observe posted speed limits and all other
traffic signs.
E. All ATV/UTV operators shall operate on designated routes and on paved
surfaces only. Operation on gravel shoulders, grassy in-slopes, ditches,
or municipal parks is prohibited. ATVs/UTVs will also not be permitted
on Commercial Street (between Main Street and Bowen Street), South
Center Street (from Bowen Street south) and South West Street (from
Bowen Street south). Exceptions may be given for special events approved
by the Chief of Police or the Village President.
F. The operator of an ATV or UTV shall obey all traffic laws, local
ordinances and DNR regulations.
G. All ATV and UTV operators shall ride single file and on the right-hand
side of the paved surface, the same as all motor vehicles.
H. The operator of an ATV or UTV will display fully functional headlights,
taillights and brake lights while operating on a roadway.
I. No person shall operate an ATV or UTV unless the operator holds a
valid driver's license issued by the Wisconsin Department of
Transportation.
J. ATV and UTV operators or passengers under the age of 18 years of
age shall wear protective head gear as required under § 347.485(1)(a),
Wis. Stats., with a chin strap securely fastened at all times of operation.
K. No person shall operate an ATV or UTV within the Village from 9:00
p.m. to 6:00 a.m.
L. Eye protection must be worn by any operator of an ATV/UTV.
M. Seatbelts must always be worn on UTVs by all persons.
N. 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.
O. No ATV or UTV operator or passenger shall be in possession of an
open intoxicant while the ATV or UTV is in operation. No person shall
operate an ATV or UTV while under the influence of an intoxicant,
or a restricted controlled substance.
P. The Village of Brandon reserves the right to close or modify ATV
and UTV routes within its jurisdiction at any time.
Q. No ATV/UTV may be operated on any street within the Village limits unless it conforms to all noise, registration and other equipment requirements as stated in Ch.
23, Wis. Stats., or the Municipal Code of the Village.
As used in this article, 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
nonprieumatic tires or as defined in § 23.33(1)(b), Wis.
Stats., and any amendments thereto.
UTILITY-TERRAIN VEHICLE or UTV
Any of the following, or as defined in § 23.33(ng),
Wis. Stats., 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, minitruck, 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 retraining each
occupant of the vehicle 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.
This article will be enforced by any law enforcement officer
employed by the Brandon-Fairwater Police Department and County Sheriff's
Department or any other law enforcement official authorized to enforce
laws in the State of Wisconsin.
The penalty for any violation identified in § 23.33(13)
or Chs. 340 through 347, Wis. Stats., shall be as set forth in the
Wisconsin Statutes. Deposit amounts for such violations shall be as
set forth in the current Revised Uniform State Traffic Deposit Schedule.
The penalty for any violation of this article not addressed in § 23.33(13)
or Chs. 340 through 347, Wis. Stats., shall be a forfeiture as set
forth in the Brandon Village Code, together with all applicable costs,
surcharges and assessments.
The provisions of this article shall be deemed severable and
it is expressly declared that the Village of Brandon 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 application to any person or circumstance is held
invalid, the remainder of the article and the application of such
provisions to other person's circumstances shall not be deemed
affected.