The Winnebago County Board of Supervisors adopts the following All-Terrain Vehicle/Utility Terrain Vehicle (ATV/UTV) Routes and Regulations Ordinance for the operation of ATVs/UTVs upon all Winnebago County highways and roadways under Winnebago County jurisdiction unless posted otherwise and subject to the conditions listed in § 296-5, below.
[HISTORY: Adopted by the Town Board of the Town of Winneconne 10-16-2025 by Ord. No. 2025-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 296, Vehicles, All-Terrain and Utility-Terrain, adopted 10-18-2019 by Ord. No. 2018-4, as amended .
Following due consideration of the recreational value to connect route opportunities and weighted against possible dangers, public health, liability aspects, terrain involved and traffic density, these routes have been created.
The provisions of this chapter are adopted by the Winnebago County Board of Supervisors pursuant to the authority granted in SS 23.33 (8)(b), Wis. Stats. Operators shall follow all of the applicable provisions of SS 23.33, Wis. Stats., regulating ATV/UTV operations.
Except as otherwise provided herein, the statutory provisions of Wis. Stats., §§ 23.33 and Wis. Admin. Code NR 64, 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 highway or roadway that is an ATV/UTV route under Winnebago County's jurisdiction 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 Wis. Admin. Code NR 64. All ATV/UTV rules of operation outlined in Wis. Stats, § 23.33 and Wis. Admin. Code NR 64 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.
B.
All operators shall have a liability insurance policy in force on any ATV or UTV operated on an ATV/UTV road or route. The liability insurance policy must have the following minimum coverages:
As a condition for the use of roadways, the following conditions shall apply to all operators (and passengers where applicable):
A.
ATV/UTV operators shall observe all posted speed limits.
B.
Operators shall ride in single file in the highway or roadway. Highway and roadway are defined in the same manner as defined in Wis. Stats, § 340.01(22) (54).
C.
All ATVs and UTVs must operate with fully functional headlamps, tail lamps, and brake lights.
D.
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.
E.
All drivers and passengers must wear seatbelts if the vehicle is so equipped.
F.
All drivers and passengers under the age of 18 must wear helmets.
G.
Municipalities shall maintain a map of routes within their jurisdiction and provide copies to the Highway Commissioner and Sheriff.
H.
Highway Department shall install signs to ensure proper placement according to MUTCD (Manual for Uniform Traffic Control Devices) and DNR (Department of Natural Resources) standards.
I.
ATV/UTV operators must possess a valid motor vehicle driver's license.
J.
Routes may be closed or suspended by the Highway Commissioner after review with the Highway Committee for reasons such as repeated, validated complaint from residents, damage caused by ATV/UTVs, an increase in ADT, or roadway accidents.
K.
Routes may be temporarily closed by either the Highway Commissioner or Sheriff for reasons such as roadway construction, emergencies, parades, or events.
This chapter shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
All terrain vehicle/utility terrain vehicle penalties for the State of Wisconsin, as found in Wis. Stats., § 23.33(13)(a) are adopted and incorporated herein by reference. Additionally, any person who violates any provision of § 296-5, Conditions, above, shall be subject to a forfeiture of $50 plus any statutory surcharges imposed by the State Legislature.
The provisions of this chapter shall be deemed severable, and it is expressly declared that Winnebago County would have passed the other provisions of this chapter regardless of whether or not one or more provisions may be declared invalid. If any provision of this chapter or the application to any individual or circumstance is held invalid, the remainder of the chapter and the application of such provisions to other individual circumstances shall not be deemed affected.
This chapter becomes effective as of the date following the date of its publication.