[Amended 7-26-2021 by Ord. No. 2021-320-34]
A.
Purpose. The purpose of this section is to establish all-terrain
vehicle ("ATV") and utility terrain vehicle ("UTV") routes in the
Village and to regulate the operation of ATV/UTVs in the Village.
For brevity, all references to ATVs will also include UTVs throughout
this ordinance.
[Amended 8-14-2023]
B.
Authority. The Village Board of the Village of Orfordville, Rock
County, Wisconsin, has the specific authority to adopt this ATV/UTV
routes and regulations ordinance under § 23.33(8)(b) and
(11), Wis. Stats. The Village Board retains the right to close any
Village road to ATV/UTV operation for any reason, including but not
limited to special events, unlawful use, and road construction or
repair. Said closures of Village roads to ATV/UTV use may occur without
prior notice. The Village accepts no liability for the operation of
ATV/UTVs on any Village road under the provisions of this section.
Operation of ATV/UTVs is at the operator's own risk. ATV/UTV operators
within the Village shall abide by all state, county, and local laws,
and the applicable provisions of § 23.33, Wis. Stats., regulating
ATV/UTV operations are adopted by reference and made part of this
section.
C.
Routes. The Village designates all roadways within the Village's
jurisdiction as ATV/UTV routes except the following roads:
[Amended 12-12-2022; 8-14-2023]
(1)
Designated
routes. The Village designates all Village-maintained roadways as
ATV routes except as otherwise posted.
(2)
Authorized
routes. The Village authorizes the operation of ATVs on STH 213 and
CTH K within the Village boundary limits where the posted speed limit
is 35 mph or less under § 23.33(11)(am)4, Wis. Stats. ATVs are
strictly prohibited from operating on STH 11 within the Village boundary
limits except to cross as necessary to travel through the Village.
(3)
Signing.
All ATV routes shall be signed in accordance with § 23.33(8)(e),
Wis. Stats. The Village, or its designee, shall maintain all route
signs on Village-maintained roadways. The Village shall maintain ATV
route signs on state and county trunk highways. No ATV route sign
shall be placed on an existing state or county sign post.
D.
Operation of ATV/UTVs. All ATV/UTV operators on Village routes must
comply with the following conditions of operation:
(1)
ATV/UTV operators shall not operate an ATV or UTV at a speed exceeding
25 miles per hour, unless a different speed limit is indicated by
official signs posted within the Village.
(2)
ATV/UTV operators shall ride single file.
(3)
ATV/UTV operators are prohibited from riding on the shoulder of the
road or in the ditch.
(4)
ATV/UTV operators born after December 31, 1987, must have a valid
ATV safety certificate, be at least 16 years of age, and have a valid
Wisconsin driver's license.
(5)
ATV/UTV riders (not operators) under the age of 16 must be accompanied
by an adult over the age of 18.
(6)
ATV/UTV operators and riders under the age of 18 must wear a helmet.
(7)
ATV/UTV operators may only operate on Village routes from 5:30 a.m.
to 10:00 p.m. unless they are engaged in snow plowing.
[Amended 12-12-2022]
(8)
ATV/UTVs shall have headlights, taillights, and brake lights on while
operating on any Village route and must operate with a muffler that
falls within the legal decibel limits.
(9)
ATV/UTV operators shall use hand signals if their machines are not
equipped with turn signals.
(10)
ATV/UTVs shall be registered with the Wisconsin Department of
Natural Resources and have up-to-date stickers and license plates.
(11)
All ATV/UTVs must be insured and have minimum liability coverage
amounts consistent with motor vehicle requirements under Wisconsin
law. All operators must have proof of insurance when operating on
Village routes.
E.
Enforcement. This section shall be enforced by any law enforcement
officer authorized to enforce the ordinances of the Village of Orfordville
and the laws of Rock County and/or the State of Wisconsin.
(1)
Consistent with § 23.33(1l)(b), Wis. Stats., the Village
Clerk shall immediately send a copy of this section to the Department
of Natural Resources, the Wisconsin State Highway Patrol, the Rock
County Sheriff's Department, and the Orfordville Police Department.
F.
Penalties. Wisconsin state ATV/UTV penalties as found in § 23.33(13)(a),
Wis. Stats., are adopted by reference and made part of this section.
[1]
Editor's Note: Former § 304-35, Operation of all-terrain
vehicles, was repealed 7-26-2021 by Ord. No. 2021-320-34.
A.
Findings.
(1)
The unauthorized off-road operation of motor vehicles
has resulted in serious damage to public and private lands, including
damage or destruction of vegetation, animal life and improvement to
the lands;
(2)
The unauthorized off-road operation of motor vehicles
has resulted in the permanent scarring of land and an increase in
both erosion and air pollution;
(3)
The unauthorized off-road operation of motor vehicles
has resulted in collisions and near collisions threatening the life
and safety of the operators of such vehicles as well as of other persons;
and
(4)
The unauthorized off-road operation of motor vehicles
has resulted in a loss of the privacy, quietude and serenity to which
the owners and users of land are rightfully entitled.
B.
MOTOR VEHICLE
(1)
(2)
(3)
OFF ROAD
(1)
(2)
OPERATION
UNAUTHORIZED
Definitions. For purposes of this section, the terms
below shall be defined as follows:
Any vehicle which is self-propelled and shall include but
not be limited to automobiles, trucks, jeeps, vans, motorcycles, motorbikes,
go-karts, motorized three-wheeled vehicles, all-terrain vehicles,
mopeds, snowmobiles, dune buggies and tractors. "Motor vehicle" shall
not mean any airplane, railroad train, boat, wheelchair or bicycle.
A vehicle which would otherwise be defined as a motor vehicle under
this section shall not be so defined while:
It is being operated solely for the purpose
of construction or maintenance of an improvement to land or solely
for access to construction or maintenance sites, provided that such
operation is by persons having legitimate business on such lands or
sites.
It is being operated by or at the direction
of public employees or utility company employees as part of their
employment duties.
It is being operated by the holder of an easement
or right of access on or over the land on which operation is occurring
or the holder's employees or agents.
Any location which is not a paved or maintained
public street or alley; is not used or maintained by the owner or
lessee of land as a driveway, parking lot or other way for motor vehicles;
or is a private trail for use only by the owner or his permittees
for recreational or other vehicular use.
"Off-road" shall not include any creekbed, riverbed
or lake; provided, however, that this subsection shall not apply to
snowmobiles or other vehicles being operated on the ice covering such
creekbed, riverbed or lake.
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
Without the express prior consent of the owner, lessee, manager
or other person authorized to give consent by the owner or lessee
of land. Authorization shall not be implied from a failure to post
private or public land.
C.
Unauthorized off-road operation prohibited.
(1)
The unauthorized off-road operation of a motor vehicle
is prohibited.
(2)
Except for authorized maintenance vehicles and snowmobiles or all-terrain vehicles operating in authorized areas pursuant to §§ 268-9 and 304-35, it shall be unlawful to operate any minibike, go-kart, all-terrain vehicle or any other motor-driven craft or vehicle principally manufactured for off-highway use on the Village streets, alleys, parks, sidewalks, bikeways, or parking lots or on any public lands or private lands or parking lots held open to the public. The operator shall at all times have the consent of the owner in writing before operation of such licensed or unlicensed craft or vehicle on private lands.
