(1)
Adoption of statutory provisions. The provisions of Section 23.33, Wis. Stats., and subsequent amendments thereto, are hereby incorporated herein by reference as part of this section, except for those provisions therein which conflict with this section.
(2)
Saving clause. This section shall in no way be deemed to supplant or otherwise invalidate any provision of the state statutes relating to the subject matter hereof. Any person entrusted with the enforcement of this section may, in the exercise of his or her discretion, proceed under applicable state statutes.
(3)
Severability. Should any provision of this section, or its application to any person or circumstance, be held invalid, the remainder of the ordinance and the application of such provisions to other person's circumstances shall not be affected thereby.
(4)
Designation of ATV and UTV routes:
(a)
Except as otherwise specifically provided in Section 23.33, Wis. Stats., no person shall operate any all-terrain vehicle (ATV) or utility terrain vehicle (UTV) on any Village street, alley, park or parking lot, on any public lands or parking lots held open to the public, or on any land within the Village of Belleville except as hereinafter designated.
(b)
All Village streets in the Village of Belleville are designated ATV/UTV routes except the following: Any area of Community Park/Bross Circle past the gravel parking lot unless requested in a special event permit and approved by Village Board.
(c)
Pursuant to Section 23.33(11)(am)(4), Wis. Stats., ATVs and UTVs are authorized to operate on the following state/county highways where the speed limits are thirty-five (35) miles per hour or less:
1.
CTH D aka Third Avenue from STH 69/River Street to Countryside Drive.
(d)
ATVs/UTVs are allowed to park in or along any roadways or alleyways within the Village, unless otherwise posted.
(e)
ATV/UTV routes shall be open from 4:00 a.m. to 10:00 p.m. daily.
(f)
ATVs/UTVs must stay on designated routes and shall not trespass on private property.
(5)
Route signs. ATV/UTV routes shall be designated by route signs. The route signs shall only be installed if purchased by a third party and at no cost to the Village and shall be installed by the Public Works Department or Green County Highway Department, in accordance with Section 23.33(8)(e), Wis. Stats., and Section NR 64.12(7), Wis. Admin. Code.
(6)
Restrictions on operation. In addition to the provisions of Section 23.33 and Chapters 340 to 348, Wis. Stats., and as a condition for the use of ATV and UTV routes designated and authorized herein, the following restrictions shall apply to operators and passengers, on the use of the Village ATV/UTV routes permitted under this section as applicable:
(a)
The operators of ATVs/UTVs on all designated ATV/UTV routes shall observe a twenty (20) miles per hour roadway speed limit and all other applicable traffic regulations.
(b)
ATV/UTV operators shall ride in single file.
(c)
ATV/UTV headlamps and tail lamps must be turned on at all times and ATVs/UTVs must have operational brake lights.
(d)
UTV operators and passengers must wear seat belts at all times.
(e)
ATV/UTV operators shall possess a valid operator's license as defined in Section 340.01(41g) of the Wisconsin Statutes, as may be amended from time to time, including a safety certificate if required by state law.
(f)
All ATV and UTV equipment is required to display valid registration and have applicable liability insurance and have proof of insurance with them.
(g)
No person may possess on his or her person, in a privately owned ATV or UTV upon a public highway, any bottle or receptacle containing alcohol beverages or nitrous oxide 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.
(7)
Closures, suspension, or termination of route(s). The Police Chief shall have the authority to: