[Added 10-20-2025 by Ord. No. 16-25]
A. 
This article is adopted pursuant to the authority granted to the City under Wis. Stat. §§ 62.11(5), 23.33(11), and 23.335(21), and in conformity with § 349.03(1)(b), for the purpose of regulating the operation of all- terrain vehicles, utility terrain vehicles, and off-highway motorcycles on public property within the City for the protection of public health, safety and welfare.
B. 
The provisions of Wis. Stat. §§ 23.33 and 23.335, and any administrative rules promulgated thereunder, are hereby adopted and incorporated by reference and made part of this article as if fully set forth herein. Any future amendments, revisions, or modifications of the foregoing statutes or administrative rules are intended to be made part of this article to ensure uniform statewide regulation of such vehicles and consistent enforcement within the City.
Section
Subject
23.33(1)
Definitions.
23.33(1m)
Utility Terrain Vehicle Program.
23.33(2)
Registration.
23.33(2g)
Lac Du Flambeau Band Registration Program.
23.33(2h)
Alterations and Falsifications Prohibited.
23.33(2j)
Nonresident Trail Passes.
23.33(2k)
Weekend Exemption.
23.33(2m)
Rental of All-Terrain Vehicles and Utility Terrain Vehicles.
23.33(3)
Rules of Operation.
23.33(3c)
Operation with Firearms or Crossbows.
23.33(3e)
Original Seating.
23.33(3g)
Use of Headgear.
23.33(4)
Operation on or Near Highways.
23.33(4c)
Intoxicated Operation of an All-Terrain Vehicle or Utility Terrain Vehicle.
23.33(4g)
Preliminary Breath Screening Test.
23.33(4j)
Applicability of the Intoxicated Operation of an All-Terrain Vehicle or Utility Terrain Vehicle Law.
23.33(4L)
Implied Consent.
23.33(4p)
Chemical Tests.
23.33(4t)
Report Arrest to Department.
23.33(4x)
Officer's Action After Arrest for Operating an All-Terrain or Utility Terrain Vehicle While Under Influence of Intoxicant.
23.33(4z)
Public Education Program.
23.33(5)
Age Restrictions; Safety Certification Program.
23.33(5m)
Safety Enhancement Program.
23.33(6)
Equipment Requirements.
23.33(6m)
Noise Limits.
23.33(6r)
Passenger Restrictions.
23.33(7)
Accidents.
23.33(8)
Routes and Trails.
23.33(9)
Administration; Enforcement; Aids.
23.33(10)
Liability of Landowners.
23.33(11)
Local Ordinances.
23.33(11m)
Exceptions.
23.33(12)
Enforcement.
23.33(13)
Penalties.
23.335(1)
Definitions.
23.335(2)
Registration.
23.335(3)
Registration; Application Process.
23.335(4)
Registration; Certificates and Decals.
23.335(5)
Registration of Off-Highway Motorcycle Dealers.
23.335(5m)
Alterations and Falsifications Prohibited.
23.335(6)
Nonresident Trail Passes.
23.335(7)
Rental of Limited Use Off-Highway Motorcycles.
23.335(8)
Use of Protective Headgear.
23.335(9)
Rules of Operation.
23.335(10)
Operation on Highways; Limited Use Motorcycles.
23.335(11)
Operation Adjacent to Roadway.
23.335(12)
Intoxicated Operation.
23.335(13)
Age Restrictions; Safety Certificate Requirements.
23.335(14)
Safety Certification Program.
23.335(15)
Safety Grant Program.
23.335(17)
Equipment Requirements.
23.335(18)
Accidents.
23.335(19)
Trail and Routes.
23.335(20)
Enforcement Activities and Projects; Funding.
23.335(21)
Local Ordinances.
23.335(22)
Enforcement.
23.335(23)
Penalties.
The Common Council finds that the operation of all-terrain vehicles, utility terrain vehicles, and off-highway motorcycles on public streets, alleys, sidewalks, bicycle facilities, parks, trails, and other public property not expressly designated for such use presents safety hazards to pedestrians, bicyclists, and motorists, causes noise and nuisance impacts, and risks damage to public property and the environment. It is the intent of this article to prohibit such operation on public property within the City except where expressly authorized by state law or by permit issued under this article.
For the purposes of this article, the following terms shall have the meanings given herein:
ALL-TERRAIN VEHICLE (ATV)
Has the meaning given in Wis. Stat. § 23.33(1)(b).
ALLEY
Has the meaning given in Wis. Stat. § 340.01(2).
AUTHORIZED EMERGENCY VEHICLE
Has the meaning given in Wis. Stat. § 340.01(3).
BICYCLE LANE
Has the meaning given in Wis. Stat. § 340.01(5e).
BICYCLE WAY
Has the meaning given in Wis. Stat. § 340.01(5f).
HIGHWAY
Has the meaning given in Wis. Stat. § 340.01(22).
OFF-HIGHWAY MOTORCYCLE (OHM)
Has the meaning given in Wis. Stat. § 23.335(1)(q).
OPERATE
With respect to ATVs/UTVs, has the meaning given in Wis. Stat. § 23.33(1)(ir). With respect to OHMs, has the meaning given in Wis. Stat. § 23.335(1)(z).
OPERATION
With respect to ATVs/UTVs, has the meaning given in Wis. Stat. § 23.33(1)(it). With respect to OHMs, has the meaning given in Wis. Stat. § 23.335(1)(zb).
PARKS
Has the meaning given in § 181-2.
PUBLIC PARKING LOT
Any off-street parking facility owned, leased, or controlled by the City and open to the public, whether free or fee-based, such as the off-street parking lots listed under § 235-35.
PUBLIC PROPERTY
Any real property owned, leased, or controlled by the City including, without limitation, streets, highways, alleys, sidewalks, bicycle lanes, bicycle ways/paths, trails, parks, recreation and open space lands, and public parking lots, whether open to the public or temporarily closed.
RECREATION AND OPEN SPACE LANDS
City-owned or City-controlled lands designated or used for recreation, conservation, stormwater, or open space purposes, whether developed or undeveloped, and excluding streets, alleys, and roadways.
ROADWAY
Has the meaning given in Wis. Stat. § 340.01(54).
SIDEWALK
Has the meaning given in Wis. Stat. § 340.01(58).
STREET
Has the meaning given in Wis. Stat. § 340.01(64).
TRAIL
A marked corridor on public property intended for recreational travel or access, whether for motorized or nonmotorized use, and designated or maintained by the City.
UTILITY TERRAIN VEHICLE (UTV)
Has the meaning given in Wis. Stat. § 23.33(1)(ng).
General rule. No person may operate, or permit the operation of, any ATV, UTV, or OHM on any public property within the City, including but not limited to streets, alleys, sidewalks, bicycle lanes or bicycle ways, trails, parks, recreation and open space lands, and public parking lots, except as expressly authorized by state law or by this article.
This article does not apply to the operation of any ATV, UTV, or OHM in the following circumstances:
A. 
Designated routes and trails. When operated on an officially designated all-terrain vehicle route or trail or off-highway motorcycle route or trail established and signed in accordance with Wis. Stat. §§ 23.33(8) and 23.335(19), and any applicable administrative rules.
B. 
Authorized emergency vehicles and governmental operations. When operated by an authorized emergency vehicle or by officers, employees, or agents of a City, county, state, or federal agency, or a public utility or electric cooperative, while engaged in official duties, including maintenance, inspection, or utility operations, as provided under Wis. Stat. §§ 23.33(11m) and 23.335(22).
C. 
When operation is expressly authorized as part of a special event approved by the City, including but not limited to events authorized under Wis. Stat. §§ 23.33(4)(c)2. and 23.335(10)(a)7 and (b).
D. 
Operations otherwise permitted by state law. When and to the extent operation is expressly permitted or exempted under Wis. Stat. §§ 23.33 or 23.335, or administrative rules promulgated thereunder.
Any person who violates any provision of this article shall, upon conviction, forfeit not more than $250, as provided under Wis. Stat. §§ 23.33(13) and 23.335(23), together with the costs of prosecution. Each violation constitutes a separate offense.
The City Clerk shall promptly transmit a copy of this article and any amendments to the Wisconsin Department of Natural Resources, the Wisconsin State Patrol, and to the office of any law enforcement agency of each jurisdiction having authority over highways to which this article applies, consistent with Wis. Stat. §§ 23.33(11)(b) and 23.335(21)(b).