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.