[Adopted 12-10-2020 by Ord. No. 19-10-1]
It is the intent of the Village of Birnamwood to allow operation of all-terrain and utility terrain vehicles on Village streets. This article also allows the use of golf carts within the Village limits.
The Village Board of the Village of Birnamwood, Shawano/Marathon Counties, Wisconsin, has the specific authority to adopt this all-terrain and utility terrain vehicle ordinance under § 23.33(8)(b) and (11), Wis. Stats.
Pursuant to § 23.33(4)(d)4., Wis. Stats., except as otherwise provided in § 23.33(4), Wis. Stats., all streets within the Village are open to ATV/UTV use, including County Highway N through the Village from eastern to western limits. U.S. Hwy 45 is not open to ATV/UTV use. ATVs and UTVs on streets within the Village must be operated to the extreme right side of the street, except that left turns may be made from any part of the street that is safe, given prevailing conditions.
Pursuant to § 23.33(8)(d), Wis. Stats., the following restrictions are placed on the use of ATVs and UTVs within the Village:
A. 
Maximum speed for operation of ATVs/UTVs in the Village will be 35 miles per hour. Operators shall reduce speed whenever the posted limit is less or as required by Wisconsin Statutes or as conditions warrant.
B. 
All ATV and UTV operators must have their headlights and taillights on and visible while operating on Village streets.
C. 
All ATV and UTV operators must ride in single file.
D. 
All ATVs and UTVs must be registered and display a license plate.
E. 
All ATV and UTV operators must be at least 12 years of age. Anyone born on or after January 1, 1988 must have completed an ATV/UTV safety course.
F. 
Helmets are required to be worn by everyone under the age of 18.
G. 
Operators between the ages of 12 to 15 must be accompanied by an adult over the age of 18.
H. 
ATVs and UTVs are to operate on the extreme right side of the street surface and not on/in the ditch line.
I. 
Operation on sidewalks is prohibited.
J. 
All traffic control signs must be obeyed.
K. 
All ATV and UTV operators must yield to pedestrians.
L. 
Operation shall be subject to all provisions of § 23.33, Wis. Stats., which is adopted as part of this article by reference, pursuant to § 23.33(11), Wis. Stats.
M. 
A copy of this article shall be sent to the Department of Natural Resources, the Shawano and Marathon Counties Sheriffs' Departments and Wisconsin State Patrol.
This article will grant permission for persons over 18 to use golf carts within the Village limits. They must observe the 15-mph speed limit, be to the right side of the street and not drive on the sidewalks. They must obey all traffic control signs and yield to pedestrians. Golf carts must have operating headlights, taillights, and brake lights.
A. 
This article may be enforced by any law enforcement officer authorized to enforce laws of the State of Wisconsin, Shawano and Marathon Counties, and the Village of Birnamwood.
B. 
The penalties under § 23.33(13)(a), Wis. Stats., are adopted by reference.
This article is in effect as of its adoption date by the Village Board, Village of Birnamwood. The article can be suspended or revoked by the Village Board at any time.