[HISTORY: Adopted by the Board of Supervisors of Green Lake County 8-15-2017 by Ord. No. 18-2017. Amendments noted where applicable.]
Parks and recreation — See Ch. 187.
Snowmobiles — See Ch. 232.
Vehicles and traffic — See Ch. 260.
Editor's. Note: This ordinance also provided for the repeal of former Ch. 257, Vehicles, All-Terrain, adopted 2-20-1990 by Ord. No. 407-90.
This chapter is adopted under the authority granted by §§ 59.02 and 23.33(8)(b) and (11) Wis. Stats. and Wis. Adm. Code NR § 64.12.
This chapter shall be known as, referred to, or cited as the "Green Lake County All-Terrain/Utility Terrain Vehicle (ATV/UTV) Ordinance."
This chapter shall regulate the operation of all all-terrain/utility-terrain vehicles in all areas of Green Lake County.
Except as otherwise specifically provided in this chapter, the statutory provisions in Chapters 23, 340 to 348 and 350 of the Wisconsin Statutes, establishing regulations with respect to all-terrain vehicles (ATVs), utility terrain vehicles (UTVs) and Wisconsin Administrative Code Chapter NR 64, All-Terrain Vehicles, are hereby adopted by reference and made a part of this chapter as if fully set forth herein. Unless otherwise provided in this chapter, any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes or administrative codes incorporated herein are made a part of this chapter to secure uniform statewide regulation of ATVs and UTVs.
The definitions of words and phrases as they appear in §§ 23.33(1), 340.01, 341.01, 342.01, 343.01, 344.01, 345.01, 346.01, 347.01 and 348.01 Wis. Stats. and Wis. Admin. Code NR § 64.02, unless the word or phrase is defined differently in this chapter, are hereby adopted and made a part of this chapter as if fully set forth herein. Any future amendments, revisions or modifications of the statutes or administrative codes incorporated herein are made a part of this chapter to secure uniform statewide regulation of ATVs.
As used in this chapter, the following terms shall have the meanings indicated:
- An individual, organization, ATV or UTV club, or municipality that submits an application to the Highway Department for the designation of a County trunk highway as an ATV route and will pay for the costs to make, install, and maintain ATV route signs.
The Green Lake County Highway Committee ("the Highway Committee") is authorized to designate segments of Green Lake County trunk highways as ATV routes, in accordance with the provisions of § 23.33 Wis. Stats., Wis. Admin. Code Ch. NR § 64, and the provisions of this chapter. Final approval of any ATV route shall be by the County Board of Supervisors enacting an ordinance.
ATV routes and proposed routes on or across a County trunk highway shall be investigated and monitored to ensure that the ATV route has been authorized and that the ATV route does not adversely affect the use of the highway or unreasonably interfere with the peaceful enjoyment of private or public property.
The consideration of a designation of a segment of a County trunk highway as an ATV route may be based upon a request for a designation by any individual, municipality, ATV or UTV club or organization that desires a route along, or a crossing over, a County trunk highway and which agrees to sponsor the ATV route as required under § 257-9.
The Highway Committee shall develop policies and procedures for designation of ATV routes.
The County Board of Supervisors may rescind or modify the designation of an ATV route by repeal of an ordinance granting final approval of the designation or by an enactment of an ordinance modifying the designation.
The Highway Committee may temporarily modify or suspend any designation of an ATV route.
The Highway Commissioner may, without prior approval of the Highway Committee, modify or suspend any designation of an ATV route whenever emergency conditions require closure, up to 120 days. The Green Lake County Sheriff may temporarily close any ATV route whenever emergency conditions require closure.
Upon County Board approval of a designated ATV route, the County Clerk shall immediately send a copy of the ordinance designating the ATV route to the Wisconsin Department of Natural Resources, the state traffic patrol, the Green Lake County Sheriff and any law enforcement agency of each town, city or village having jurisdiction over any of the County trunk highways to which the ordinance designating the ATV applies.
The designation of any segment of a County trunk highway as an ATV route within an incorporated municipality shall not take effect until the governing body of the municipality has passed a resolution approving the ATV route.
The following segment(s) of the Green Lake County Trunk Highway system are designated as ATV/UTV routes:
[Added 5-15-2018 by Ord. No. 20-2018]
Anyone requesting a designation shall complete an application on a form prescribed by the Highway Committee in compliance with this chapter and any applicable state statute or administrative code and file the application with the Highway Department.
The application, at a minimum, should include:
A map showing the proposed ATV route on the County trunk highway.
A map showing any ATV trails which lead up to the proposed ATV route.
If there are ATV trails, a statement that the applicant has a lease or some other permission from landowners to use the trails shown on the map.
A statement explaining why the County trunk highway should be designated as an ATV route and efforts to establish off-road alternatives.
If the applicant is an organization, the names and addresses of its officers, the date when the organization was established or incorporated and the number of members.
The Highway Commissioner shall review the application for conformance with Highway Department policies, this chapter and with all applicable state, federal and local laws, regulations, and policies.
The Highway Commissioner shall make a report and recommendation to the Highway Committee regarding any request for a designation of a segment of County trunk highways as an ATV route. The report shall include information regarding topography, traffic patterns and uses, and other information which may bear on the safety and appropriateness of the proposed designation, including any information provided by the Green Lake County Sheriff's Office.
A sponsor shall pay for the projected ten-year cost of procurement, installation, and maintenance of signs relating to the ATV route, as determined by the Highway Commissioner. The Highway Commissioner shall prepare an estimate of the cost of procurement, installation and maintenance of the signage over a projected period of 10 years and furnish the estimate to the sponsor.
Upon passage of an ordinance designating an ATV route on a County trunk highway, the sponsor shall provide the Highway Department with a bond, letter of credit, or any other adequate form of monetary security prior to the installation of the required ATV route signs.
Designation of segments of the Green Lake County highway system as ATV routes does not impose upon the Green Lake County Highway Department a greater duty of care or responsibility for maintenance of those segments than for any other segment of county highway. Operators of ATVs on county highways designated as an ATV route assume all the usual and normal risks of ATV operation.
The Green Lake County Highway Department is solely responsible for ATV route signing. All required designated ATV route signs shall be installed and maintained by the Highway Department.
All required signs shall be in accordance with state statutes and administrative codes applicable to ATV routes on County trunk highways.
No person may erect, remove, obscure, or deface any official designated ATV route sign unless authorized by the Highway Commissioner.
No person shall operate an ATV or UTV on a County trunk highway unless the County trunk highway has been designated as an ATV route by the Highway Committee and approved by the County Board of Supervisors, except for operation that is allowed under state statute or administrative code.
No person shall operate an ATV or UTV on a County trunk highway designated as an ATV route if the County trunk highway is closed for any reason.
General limitations. The following limitations apply on all County trunk highways designated as ATV routes:
Operators shall abide by all traffic laws unless further restricted by this chapter.
No ATV or UTV shall be operated at a speed greater than 35 miles per hour unless a reduced speed is otherwise required by state statute.
[Amended 5-15-2018 by Ord. No. 21-2018]
All ATVs and UTVs must operate with fully functional headlights, taillights, and brake lights.
ATVs and UTVs may only be operated on an approved ATV route between 1/2 hour before sunrise and 1/2 hour after sunset from April 15 through November 15.
All ATV or UTV operators shall ride in single file on the extreme right-hand side of the paved portion of the highway. Operation on the gravel shoulders, grassy in-slope, ditches, or other highway right-of-way is prohibited unless yielding the right-of-way. Left turns may be made from any part of the highway when it is safe given prevailing conditions.
Crossings should be made only at a place where no obstruction prevents a quick and safe crossing. "Obstruction" includes, but is not limited to, impairment of view and potentially hazardous roadway conditions.
All ATV and UTV operators and passengers under 18 years old shall wear protective headgear while operating on County trunk highways.
No person under the age of 16 may operate an ATV or UTV on any segment of a County trunk highway that is a designated ATV route.
Every person who operates an ATV or UTV on any segment of a County trunk highway which is designated as an ATV route shall have in his or her immediate possession a valid motor vehicle operator's license, and shall display the license document upon demand from any law enforcement officer, state patrol officer, inspector under Wis. Stats. § 110.07(1), conservation warden or municipal peace officer.
No ATV or UTV may be operated on any designated ATV route if the ATV or UTV does not meet all applicable federal noise and air pollution standards.
No person may ride in or on any part of an ATV or UTV that is not designated or intended to be used by passengers.
This chapter shall be enforced by any officer employed by the Green Lake County Sheriff's Office or any other law enforcement official as set forth in Wis. Stats. § 23.33(12).
Adoption of this chapter shall not prohibit any law enforcement officer or DNR warden from proceeding under any other ordinance, regulation, statute, law or order that pertains to the subject matter under this chapter.
Any person violating any provision of this chapter shall, upon conviction, forfeit a dollar amount not to exceed the maximum dollar amount of the forfeiture provided in the subsection(s) of Wisconsin Statutes violated, together with all applicable costs, and, in default of payment of such forfeiture and costs, shall be confined in the Green Lake County Jail until such forfeiture and costs are paid, but not to exceed 30 days.
Should any portion of this chapter be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof, other than the part declared invalid.