[HISTORY: Adopted by the Town Board of the Town of West Bend 6-18-2020 by Ord. No. 2020-03. Amendments noted where applicable.]
The Town of West Bend, Washington County, adopts the following all-terrain vehicle route for the operation of all-terrain vehicles on all Town roads. 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 history of automobile traffic, this chapter has been created.
Open usage of Town roads is done pursuant to Town authority as authorized by § 23.33(8)(b), Wis. Stats. The applicable provisions of § 23.33, Wis. Stats., regulating ATV/UTV operation pursuant to routes are adopted.
All Town roads will be open to ATV/UTV usage unless otherwise posted. All county and state roadways posted 35 mph or less will be open to ATV/UTV usage as authorized under Wis. Stats. § 23.33(11)(am)4 unless otherwise posted.
As condition for use of Town roads, the following conditions shall apply to all operators (and passengers):
A. 
All ATV/UTV operators shall observe posted speed limits.
B. 
No person under 18 years of age may operate or be a passenger on an ATV/UTV without wearing protective headgear of the type required under § 347.485(1)(a) and with the chin strap property fastened, except as specifically exempted under § 23.33(3g)(b), (c) and (d), Wis. Stats.
C. 
All ATV/UTV operators under 16 years old must be in direct verbal supervision of a parent or legal guardian when operating on a designed all-terrain vehicle route.
D. 
Operation of ATVs and UTVs on roadways designated as ATV/UTV routes are authorized only for the extreme right side of the roadway, on the paved surface (if the roadway is paved), except that left turns may be made from any part of the roadway that is safe given prevailing conditions.
E. 
Approved hand signals are required whenever the operator intends to change direction if vehicle is not equipped with turn signals.
F. 
All ATV/UTV operators shall ride single file.
G. 
The operator of an ATV/UTV shall obey all traffic laws, local ordinances and DNR regulations.
H. 
The operator of an ATV/UTV shall display a lighted headlamp, tail lamp and working brake light on the ATV/UTV and display the registration license plate at all times.
I. 
All roads must be signed in accordance with § NR 64.12, and specifically § NR 64.12(7), Wis. Adm. Code.
J. 
ATV/UTV operation is at the risk of the operator. The Town of West Bend has no liability for any damage or injury to person, real property or personal property, arising out of the operation of ATVs and UTVs on designated ATV/UTV routes under § 895.52(1)(d) and (g), Wis. Stats.
K. 
Routes are open year round.
L. 
On all roads shared with another jurisdiction the most restrictive ordinances shall apply.
This chapter shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
Wisconsin State all-terrain vehicle penalties, as found in § 23.33(13)(a), Wis. Stats., are adopted by reference.
The provision of this chapter shall be deemed severable and it is expressly declared that the Town would have passed the other provisions of this chapter irrespective of whether or 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 chapter and the application of such provision to other persons or circumstances shall not be deemed affected.
This chapter becomes effective upon passage and publication.