[HISTORY: Adopted by the Board of Supervisors of Green Lake County 8-15-2017 by Ord. No. 18-2017;[1] amended in its entirety 4-18-2023 by Ord. No. 06-2023.[2] Subsequent amendments noted where applicable.]
[1]
Editor's. Note: This chapter also provided for the repeal of former Ch. 257, Vehicles, All-Terrain, adopted 2-20-1990 by Ord. No. 407-90.
[2]
Editor's Note: Prior amendments included Ord. Nos. 20-2018; 21-2018; 3-2020; 2-2021; 5-2021; and 1-2022.
This chapter is adopted under the authority granted by §§ 59.02 and 23.33(8)(b) and (11), Wis. Stats., and Wis. Adm. Code § NR 64.12.
This chapter shall be known as, referred to, or cited as the "Green Lake County All-Terrain/Utility Terrain Vehicle (ATV/UTV) Ordinance."
This chapter shall regulate the operation of all all-terrain/utility-terrain vehicles in all areas of Green Lake County.
Except as otherwise specifically provided in this chapter, the statutory provisions in Chapters 23, 340 to 348 and 350 of the Wisconsin Statutes, establishing regulations with respect to all-terrain vehicles (ATVs), utility terrain vehicles (UTVs), and Wisconsin Administrative Code Chapter NR 64, All-Terrain Vehicles and Utility-Terrain Vehicles are hereby adopted by reference and made a part of this chapter as if fully set forth herein. Unless otherwise provided in this chapter, any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes or administrative codes incorporated herein are made a part of this chapter to secure uniform statewide regulation of ATVs and UTVs.
The definitions of words and phrases as they appear in §§23.33(1), 340.01, 341.01, 342.01, 343.01, 344.01, 345.01, 346.01, 347.01 and 348.01, Wis Stats., and Wis. Adm. Code § NR 64.02, unless the word or phrase is defined differently in this chapter, are 49 hereby adopted and made a part of this chapter as if fully set forth herein. Any future amendments, revisions or modifications of the statutes or administrative codes incorporated herein are made a part of this chapter to secure uniform statewide regulation of ATVs and UTVs.
The Green Lake County Highway Committee ("the Highway Committee") is authorized to designate or rescind segments of Green Lake County trunk highways as ATV or UTV routes, in accordance with the provisions of § 23.33 Wis. Stats., Wis. Adm. Code § NR 64, and the provisions of this chapter. Final approval of any ATV or UTV route shall be by the County Board of Supervisors enacting an ordinance.
A. 
All County Highway Roads Except the following segments shall be designated as ATV/UTV routes:
(1) 
CTH A: Intersection of A and State Highway 23 south to CTH I.
(2) 
CTH K: Intersection of K and CTH A east to County line.
(3) 
CTH F: Intersection of F and CTH D east to Berlin city limits; Berlin city limits south to Town 69 Line Road.
(4) 
CTH D: Intersection of D and Evergreen Drive south to State Highway 73; the section of D between Roeder and Reetz Roads is exempted and ATV/UTV use is permitted.
B. 
ATV/UTV routes and proposed routes on or across a County trunk highway shall be investigated and monitored to ensure that the ATV/UTV route has been authorized and that the ATV/UTV route does not adversely affect the use of the highway or unreasonably interfere with the peaceful enjoyment of private or public property.
C. 
The County Board of Supervisors may rescind or modify the designation of an ATV/UTV route by repeal of an ordinance granting final approval of the designation or by an enactment of an ordinance modifying the designation.
D. 
The Highway Committee may temporarily modify or suspend any designation of an ATV/UTV route.
E. 
The Highway Commissioner may, without prior approval of the Highway Committee, 86 modify or suspend any designation of an ATV/UTV route whenever emergency conditions 87 require closure, up to 120 days. The Green Lake County Sheriff may temporarily close 88 any ATV/UTV route whenever emergency conditions require closure.
F. 
Upon County Board approval of a designated ATV/UTV route, the County Clerk shall immediately send a copy of the ordinance designating the ATV/UTV route to the Wisconsin Department of Natural Resources, the state traffic patrol, the Green Lake County Sheriff and any law enforcement agency of each town, city or village having jurisdiction over any of the County trunk highways to which the ordinance designating the ATV/UTV applies.
G. 
The designation of any segment of a County trunk highway as an ATV/UTV route within an incorporated municipality shall become effective upon passage of this chapter or until the municipality passes an ordinance restricting ATV/UTV routes within the municipality.
Designation of segments of the Green Lake County Highway System as ATV/UTV routes does not impose upon the Green Lake County Highway Department a greater duty of care or responsibility for maintenance of those segments than for any other segment of County highway. Operators of ATVs/UTVs on County highways designated as an ATV/UTV route assume all the usual and normal risks of ATV/UTV operation.
A. 
The Green Lake County Highway Department is solely responsible for ATV/UTV route signing. All required designated ATV/UTV route signs shall be installed and maintained by the Highway Department.
B. 
All required signs shall be in accordance with state statutes and administrative codes applicable to ATV/UTV routes on County trunk highways.
C. 
No person may erect, remove, obscure, or deface any official designated ATV/UTV route sign unless authorized by the Highway Commissioner.
A. 
No person shall operate an ATV or UTV on a County trunk highway that has been designated by the County Board or municipality to not allow ATV/UTV traffic, except for operation that is allowed under state statute or administrative code. Operators are responsible for being aware of those routes where ATV/UTV use is permitted on County highways.
B. 
No person shall operate an ATV or UTV on a County trunk highway designated as an ATV/UTV route if the County trunk highway is closed for any reason.
C. 
General limitations. The following limitations apply on all County trunk highways designated as ATV/UTV routes
(1) 
Operators shall abide by all traffic laws unless further restricted by this chapter.
(2) 
No ATV or UTV shall be operated at a speed greater than 35 miles per hour unless a reduced speed is otherwise required by state statute.
(3) 
All ATVs and UTVs must operate with fully functional headlights, taillights, and brake lights.
(4) 
ATVs and UTVs may only be operated on an approved ATV route between 5:00 a.m. to midnight, year round (January 1 through December 31).
(5) 
All ATV or UTV operators shall ride in single file on the extreme right-hand side of the paved portion of the highway. Operation on the gravel shoulders, grassy in-slope, ditches, or other highway right-of-way is prohibited unless yielding the right-of-way. Left turns may be made from any part of the highway when it is safe given prevailing conditions.
(6) 
Crossings should be made only at a place where no obstruction prevents a quick and safe crossing. "Obstruction" includes, but is not limited to, impairment of view and potentially hazardous roadway conditions.
(7) 
All ATV and UTV operators and passengers under 18 years old shall wear protective headgear while operating on County trunk highways.
(8) 
No person under the age of 16 may operate an ATV or UTV on any segment of a County trunk highway that is a designated ATV/UTV route.
(9) 
Every person who operates an ATV or UTV on any segment of a County trunk highway which is designated as an ATV/UTV route shall have in his or her immediate possession a valid motor vehicle operator’s license and shall display the license document upon demand from any law enforcement officer, state patrol officer, inspector under § 110.07(1), Wis Stats., conservation warden or municipal peace officer.
(10) 
No ATV or UTV may be operated on any designated ATV/UTV route if the ATV or UTV does not meet all applicable federal noise and air pollution standards.
(11) 
No person may ride in or on any part of an ATV or UTV that is not designated or intended to be used by passengers.
A. 
This chapter shall be enforced by any officer employed by the Green Lake County Sheriff's Office, or any other law enforcement official as set forth in § 23.33(12), Wis. Stats.
B. 
Adoption of this chapter shall not prohibit any law enforcement officer or DNR warden from 0 proceeding under any other ordinance, regulation, statute, law or order that pertains to the subject matter under this chapter
Any person violating any provision of this chapter shall, upon conviction, forfeit a dollar amount not to exceed the maximum dollar amount of the forfeiture provided in the subsection(s) of Wisconsin Statutes violated, together with all applicable costs, and in default of payment of such forfeiture and costs shall be confined in the Green lake County Jail until such forfeiture and costs are paid, but not to exceed 30 days.
Should any portion of this chapter be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof, other than the part declared invalid.