[HISTORY: Adopted by the Common Council of the City of Muskego 2-11-2025 by Ord. No. 1496. Amendments noted where applicable.]
ALL-TERRAIN VEHICLE (ATV)
A commercially designed and manufactured motor-driven device that does not meet federal motor vehicle safety standards effective July 1, 2012, that is not a low-speed vehicle, neighborhood electric vehicle, golf cart, dune buggy, mini-truck, tracked vehicle, or vehicle described in Muskego Municipal Code Chapter 229, that is designed to be used primarily off of a paved road, and that has, and was manufactured with, all of the following:
A. 
A weight, without fluids, of 900 pounds or less.
B. 
Four or more tires.
C. 
A steering handlebar, single or dual headlights, a tail and brake light.
D. 
A width of no more than 50 inches.
ATV/UTV ROUTE
A street designated for use by ATV/UTV vehicle operators by the governmental agency having jurisdiction as authorized by this chapter.
CITY STREETS
Every named, paved public right-of-way within the corporate limits of the City, inclusive of state connecting highways, and excluding alleys.
OPERATE
To exercise physical control over the speed or direction of an ATV or physically manipulate or activate any of the controls of an ATV necessary to put it into motion.
STATE TRUNK HIGHWAY
Any highway designated pursuant to § 84.29, Wis. Stats., as part of the state trunk highway system.
UTILITY-TERRAIN VEHICLE (UTV)
A commercially designed and manufactured motor-driven device that does not meet federal motor vehicle safety standards effective July 1, 2012, that is not a low-speed vehicle, neighborhood electric vehicle, golf cart, dune buggy, mini-truck, tracked vehicle, or vehicle described in Muskego Municipal Code Chapter 229, that is designed to be used primarily off of a highway, and that has, and was manufactured with, all of the following:
A. 
A weight, without fluids, of 3,000 pounds or less.
B. 
Four or more tires.
C. 
A cargo box installed by the manufacturer measured laterally between the outermost wheel run on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle's basic operation.
D. 
A steering wheel, tail and brake lights, and two headlights.
E. 
A width of no more than 65 inches.
F. 
A system of seat belts, or similar system, for restraining each occupant of the device in the event of a collision.
G. 
A system of structural members designed to reduce the likelihood that an occupant would be crushed as a result of a rollover of the device (roll bars).
A. 
ATV/UTV operation shall be authorized on all City streets, except as limited by state law.
B. 
A person may operate an ATV/UTV on or near a county highway located within the City of Muskego if the operator complies with the posted speed limit of the county highway, and the purpose of said operation is to cross the county highway to get to a connecting City street that is also designated for ATV/UTV operation.
C. 
In addition to Subsection B, above, regarding the operation of an ATV/UTV on any roadway not designated for ATV/UTV operation by the City of Muskego, an operator shall comply with all restrictions contained within § 23.33(4)(a through f), Wis. Stats.
A. 
All ATV/UTV operators shall be 16 years or older to operate an ATV/UTV on road routes in the City, holding a valid Wisconsin driver's license. The operator, upon request from any law enforcement officer, state patrol, or inspector under § 110.07(1), Wis. Stats., conservation warden, or municipal peace officer shall display said operator's license to said agent as well as proof of insurance and registration.
B. 
All ATV/UTV operators born on or after January 1, 1988, must possess a valid ATV safety certificate issued by this state or any other state or province. Operators must be in possession of this certificate while operating any ATV/UTV in public, and display it to a law enforcement officer upon request.
All ATV/UTV vehicles operated within the City of Muskego on designated routes are required to have State of Wisconsin registration as issued by the Wisconsin Department of Natural Resources and display such registration on the ATV/UTV vehicle.
A. 
All ATV/UTV operators shall ride single file on the right side of the City street but shall not operate on any unpaved or shoulder section of City streets.
B. 
Headlights and taillights shall be present and on at all times.
C. 
ATVs/UTVs shall yield the right-of-way to nonmotorized vehicles, such as bicycles and pedestrians.
D. 
No person shall leave or allow an ATV/UTV owned or operated by him/her to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.
E. 
No owner having charge or control of an ATV/UTV shall authorize or permit any person to operate such ATV who is not permitted under state law to operate an ATV/UTV or who is under the influence of an intoxicant or a dangerous or narcotic drug.
F. 
Section 346.63, Wis. Stats., which prohibits the operation of a motor vehicle while under the influence of intoxicants or other drugs, shall apply to the operation of an ATV/UTV at any place within the City.
G. 
Snow removal:
(1) 
In the event a snow emergency is declared, operation of an ATV/UTV in the City shall be allowed at any time of day, only for the distinct purpose of removing and/or plowing snow.
(2) 
Operation is only allowed for snow plowing/removal from October 1 through April 30.
(3) 
Machines must display one or more illuminated, yellow light(s) that are flashing or rotating and visible for 360° around the vehicle.
H. 
No operator or passenger of an ATV/UTV may possess in or on an ATV/UTV on any City street in the City of Muskego any bottle or receptacle containing alcohol beverages if the bottle or receptacle has been opened, the seal has been broken, or the contents of the bottle or receptacle have been partially removed or released.
I. 
No operator shall operate an ATV/UTV so as to cause the tires thereof to squeal, the horn to blow excessively, the motor to race excessively, or by emitting unnecessary and loud muffler noises.
J. 
ATVs/UTVs shall only be operated on paved surfaces, unless yielding the right-of-way. ATVs/UTVs shall not operate in any public municipal property, public park, public walking trail, public sidewalk, public alley, public unpaved surface, or on any private property without permission of the property owner; except that operators may park ATVs/UTVs in public parking lots in accordance with any other ordinance requirements.
K. 
Operators shall have liability insurance consistent with State of Wisconsin requirements for motor vehicles and shall have and provide proof of said insurance while operating an ATV/UTV.
L. 
Parking. ATVs/UTVs shall be subject to all parking requirements and allowances of motor vehicles included in the City of Muskego Municipal Code, except that ATVs/UTVs shall not be parked overnight on any City street or parking lot.
M. 
Tires. Every ATV/UTV tire shall have at least 2/32-inch tread depth in every major tire groove measured at two points no less than 15 inches apart.
N. 
Protective gear/equipment:
(1) 
Eye protection: No person may operate an ATV/UTV without wearing any of the following eye protection: a protective face shield attached to the headgear, glasses, goggles, or a windshield on the ATV/UTV that rises a minimum of 15 inches above the handlebar or steering wheel. This section shall not apply to persons operating an ATV/UTV in a parade sanctioned by the City of Muskego.
(2) 
Helmet: All ATV/UTV operators and passengers under the age of 18 are required to wear a minimum Wisconsin Department of Transportation (DOT) standard ATV or motorcycle helmet with the chin strap properly fastened. Bicycle helmets do not meet this requirement.
Upon approval by the Common Council, the Director of Public Works or his designee shall mark entrances to the City with signage in accordance with § NR 64.12 and § NR 64.12(7)(c), Wis. Adm. Code. Signs shall be maintained by the City. No person may erect or remove any official sign unless authorized by the City.
A. 
For violations of rules of the road, those fines shall be as set forth in the State of Wisconsin Revised Traffic Deposit Schedule.
B. 
For all other violations, the fine shall be as set forth in City of Muskego Municipal Code § 1-4.
This chapter shall be enforced in the same manner as provided for the enforcement of the state traffic laws and as provided in the City of Muskego Municipal Code § 343-12A through D, which provisions are incorporated herein by reference.