This chapter is established to create uniform procedures and
requirements for the use and operation of all-terrain vehicles and
utility terrain vehicles on Outagamie County highways.
In this chapter, words and phrases used herein shall have the
meanings as defined by Wis. Stats., § 23.33(1), unless otherwise
defined herein. All-terrain vehicles (hereinafter referred to as ATVs)
shall have the definition given in Wis. Stats., § 340.01(2g).
Utility terrain vehicles (hereinafter referred to as UTVs) shall have
the definition given in Wis. Stats., § 23.33(1)(ng). Any
reference to a Wisconsin Statute section or Administrative Code regulation
is a reference to that specific chapter, section, code, or its successor
chapter, section, or code. Any future amendments, revisions, or modifications
of the statutes or Administrative Code incorporated herein are intended
to be made part of this Code in order to secure uniform statewide
regulation of all-terrain vehicles.
Outagamie County is authorized to designate county highways
as ATV/UTV routes pursuant to Wis. Stats., §§ 23.33(8)(b)
and 59.02, and is authorized to enact ordinances regulating ATVs and
UTVs on designated routes pursuant to Wis. Stats., § 23.33(11)(a).
Except as otherwise provided herein, the statutory provisions
of Wis. Stats. § 23.33, and Ch. NR 64, Wis. Adm. Code, which
create, describe, and define regulations with respect to ATVs and
UTVs, are adopted and, by reference, made a part of this Code as if
fully set forth herein.
A. Operator and rider requirements. Any person who operates or rides
as a passenger on an ATV or UTV on a roadway that is an ATV/UTV route
in Outagamie County designated pursuant to Wis. Stats., § 23.33(8)(b)l,
or an ATV/UTV route in Outagamie County designated pursuant to Wis.
Stats., § 23.33(8)(c), must meet the following requirements:
(1) Any operator or passenger shall comply with all federal, state, and
local laws, orders, regulations, restrictions, and rules, including
those outlined in Wis. Stats. § 23.33, and Ch. NR 64, Wis.
Adm. Code. All ATV/UTV rules of operation outlined in Wis. Stats.,
§ 23.33, and Ch. NR 64, Wis. Adm. Code are adopted and incorporated
by reference in this section.
(2) No person may operate an ATV or UTV without having attained the age
of 16.
(3) No person may operate an ATV or UTV without a valid driver's
license.
(4) All operators shall have a liability insurance policy in force on
any ATV or UTV operated on an ATV/UTV route. The liability insurance
policy must have the following minimum coverages:
(a)
$10,000 for property damage
(b)
$25,000 for the injury or death of one person
(c)
$50,000 for the injury or death of more than one person
B. Rules of operation. The operation of an ATV or UTV on a roadway that
is an ATV/UTV route in Outagamie County designated pursuant to Wis.
Stats., § 23.33(8)(b)1, or an ATV/UTV route in Outagamie
County designated pursuant to Wis. Stats., § 23.33(8)(c),
is subject to the following rules of operation:
(1) Any operator or passenger shall comply with all federal, state, and
local laws, orders, regulations, restrictions, and rules, including
those outlined in Wis. Stats., § 23.33 and Ch. NR 64, Wis.
Adm. Code. All ATV/UTV rules of operation outlined in Wis. Adm. Stats.,
§ 23.33(3), and Ch. NR 64, Wis. Adm. Code are adopted and
incorporated in this section.
(2) Operators may only operate on a designated ATV/UTV route signed in
accordance with Wis. Stats., § 23.33{8)(e).
(3) Speed limits. Operators on ATV/UTV routes shall observe the posted
speed limit on the roadway.
(4) Operators shall ride in single file in the roadway. "Roadway" is
defined in the same manner as defined in Wis. Stats., § 340.01(54).
(5) All ATVs and UTVs must operate with fully functional headlamps, tail
lamps, and brake lights.
(6) Every ATV or UTV shall be equipped, maintained, and operated to prevent
excessive or unusual noise. No person shall operate an ATV or UTV
on an ATV/UTV route unless the vehicle is equipped with a muffler
or other effective noise-suppressing system in good working order
and in constant operation.
C. Enforcement.
(1) Any act that is required or is prohibited by any statute or Administrative
Code provision incorporated herein by reference is required or prohibited
by this Code.
(2) An officer of the state traffic patrol under Wis. Stats., § 110.07(1),
inspector under Wis. Stats., § 110.07(3), conservation warden
appointed by the department under Wis. Stats., § 23.10,
County Sheriff or municipal peace officer has authority and jurisdiction
to enforce this chapter and ordinances enacted in accordance with
this chapter.
(3) No operator of an all-terrain vehicle or utility terrain vehicle
may refuse to stop after being requested or signaled to do so by a
law enforcement officer or a Commission warden, as defined in Wis.
Stats., § 939.22(5).
D. Penalties.
(1) Any forfeiture for a violation of state statute or Administrative
Code adopted by reference in this chapter shall conform to the forfeiture
permitted to be imposed for violation of said statutes or code provisions
as set forth therein.
(2) Any violation of a section of this chapter without a penalty specified
by statute or Administrative Code shall be punishable as provided
in Outagamie County Ordinance 1-10.
The provisions of this chapter shall be deemed severable and
it is expressly declared that the Town of Seymour 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 provisions to other person's circumstances shall not be
deemed affected.