[Adopted 8-20-1997 by Ord. No. 97-13; amended in its entirety 5-10-2010]
The title of this article is "All-Terrain Vehicle Regulations."
The purpose of this article is to establish a statutory base for regulation of all-terrain vehicles within the exterior boundaries of the Menominee Indian Reservation.
As used in this article, the following terms shall have the meanings indicated:
ACCOMPANIED
Being subject to continuous verbal direction or control.
ALL-TERRAIN VEHICLE
An engine-driven device which has a net weight of 900 pounds or less, which has a width of 48 inches or less, which is equipped with a seat designed to be straddled by the operator and which is designed to travel on two or more low-pressure tires. A low-pressure tire is a tire which has a minimum width of six inches, which is designed to be mounted on a rim with a maximum diameter of 12 inches and which is designed to be inflated with an operating pressure not to exceed six pounds per square inch as recommended by the manufacturer. The term "all-terrain vehicle" shall also include non-street-legal motorbikes, motorized vehicles, snowmobiles, go-carts, golf carts, six- to eight-wheel amphibious vehicles, and utility-type side-by-side vehicles, regardless of size, weight or dimensions.
ALL-TERRAIN VEHICLE ROUTE
A route designated for all-terrain vehicle use by the Menominee Tribe.
ALL-TERRAIN VEHICLE TRAIL
A marked corridor on public property or on private lands, subject to public easement or lease, for all-terrain vehicle use designated by the Menominee Tribe as established by the Community Development Department in cooperation with Menominee Tribal Conservation, Menominee Tribal Enterprises, Menominee Tribal Police, and any other concerned departments; however, such corridor shall exclude roadways or highways except those roadways which are not seasonally maintained for motor vehicle traffic.
APPROVED CROSSING
An area used to cross a stream, creek, lake or wetland that has been designated as a crossing by Menominee Tribal Environmental Services Department, Historic Preservation, Community Development, Conservation and any other tribal department deemed necessary in designating an approved crossing.
ARCHAEOLOGICAL SITE
A geographic location which contains any material of artifacts, features, structures, organic and environmental remains of past human activity, ancient or contemporary burial sites, sacred sites, human ancestral remains, or historic properties which include districts, sites, buildings, structures and objects significant in history, architecture, archaeology, engineering and culture of the Menominee.
CULTURAL SITE
A geographic location which is highly significant due to the nature of activity occurring on the site and may be the location of traditional Menominee cultural activities, and may include sites that include plants that are traditional to the Menominee culture and activities.
EYE PROTECTIVE WEAR
Goggles, sunglasses, or glasses.
HIGHWAY
All public ways and thoroughfares and bridges on the same.
HUSBANDRY
The raising of livestock and the cultivation of crops; agriculture; the prudent management or conservation of resources.
IMMEDIATE FAMILY
Persons who are related as spouses, as siblings, or as parent and child.
INDIAN LANDS
All lands within the exterior boundaries of the Menominee Reservation.
INTOXICANT
Any alcoholic beverage, controlled substance or other drug, or combination thereof.
LAW ENFORCEMENT OFFICER
Any duly authorized tribal conservation or tribal police officer.
OPERATE
To exercise physical control over the speed or direction of an all-terrain vehicle or to physically manipulate or activate any of the controls of an all-terrain vehicle necessary to put it in motion.
OPERATION UNDER THE INFLUENCE
A condition in which a person's ability to operate an all-terrain vehicle, because of the consumption or use of an intoxicant, is impaired to the extent that the person is less able to exercise the clear judgment and steady hand necessary to handle and control the all-terrain vehicle.
OWNER
A person who has lawful possession of an all-terrain vehicle by virtue of legal title or equitable interest in the all-terrain vehicle which entitles a person to possession of the all-terrain vehicle.
USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES
Use of an all-terrain vehicle only on land owned or leased by the person or member of the person's immediate family over which the owner or lessee has management and control exclusively for agricultural use.
USED EXCLUSIVELY ON PRIVATE PROPERTY
Use of an all-terrain vehicle by the owner of the all-terrain vehicle or a member of his or her immediate family only on land owned or leased by the all-terrain vehicle owner or a member of his or her immediate family.
WETLAND
Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated (hydric) soil conditions. Wetlands generally include, but are not limited to, swamps, marshes, bogs, and similar areas.
[Amended 8-19-2010; 1-5-2012 by Ord. No. 11-32]
The Menominee Tribe shall cause to be established rules, procedures and requirements for all-terrain vehicle registration.[1]
A. 
All-terrain vehicles shall be registered with the Menominee Tribe Department of Licensing and Permits prior to operation of such vehicles within the exterior boundaries of the Menominee Indian Reservation. A tribally issued all-terrain vehicle license sticker shall be affixed to and displayed on all-terrain vehicles at all times. The all-terrain vehicle license sticker shall be prominently visible on both sides of the all-terrain vehicle and in a position which is forward of the operator. Registration cost shall be as set by the Legislature.
B. 
It shall be a violation of this article for the owner of an all-terrain vehicle to allow a person to operate an all-terrain vehicle in violation of any section of this article.
[1]
Editor's Note: The Procedure Manual for Registering All-Terrain Vehicles is on file in office of the Tribal Chairperson.
For the protection of the Menominee Indian Tribe of Wisconsin and tribal land, operation of an all-terrain vehicle in the following manner shall be prohibited:
A. 
In any careless way so as to endanger the person or property of another. It is unlawful for any person to endanger the safety of his/her own person or property or the safety of another's person or property by a high degree of negligence in the operation of an all-terrain vehicle.
B. 
On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for all-terrain vehicle use.
C. 
On Indian lands without the consent of the Menominee Tribal Legislature or Indian owner. Failure to post Indian lands does not imply consent for all-terrain vehicle use.
D. 
On any pathways or sidewalks specified for pedestrian use.
E. 
On any public, church, school or business properties, or cultural or archaeological sites.
F. 
With any firearm in his or her possession, unless it is enclosed in a carrying case, or in a commercially manufactured scabbard or rack, and is in accordance with the Firearms Ordinance.[1] This provision does not apply to law enforcement officers acting in their official capacity.
[1]
Editor's Note: See Ch. 321, Firearms.
G. 
When within 150 feet of a dwelling at a speed exceeding 10 miles per hour.
H. 
On the frozen surface of lake waters within 100 feet of a person not in or on an all-terrain vehicle or motor vehicle or within 100 feet of a fishing shanty at a speed exceeding 10 miles per hour.
I. 
All all-terrain vehicle operators under the age of 18 are required to wear a protective helmet, unless the operator is age 18 or older, or unless operation of the all-terrain vehicle is for the purpose of husbandry.
J. 
Without wearing the required eye protection.
K. 
In any streams, creeks, lakes or wetlands except in an approved crossing.
L. 
No person under the age of 12 shall operate an all-terrain vehicle.
M. 
No person under the age of 12 shall operate an all-terrain vehicle, and persons aged 12 to 16 must successfully complete an approved all-terrain vehicle safety course by October 1, 2010, and must carry documentation showing successful completion of said safety course while operating an all-terrain vehicle.
N. 
In any manner to flee or escape a law enforcement officer.
O. 
With a passenger, unless the all-terrain vehicle is designated for more than one passenger or is outfitted with a commercially manufactured bolt-on apparatus designed to allow for a passenger. Passengers under the age of 16 are only allowed to ride with a person over the age of 18 years. All passengers must wear a protective helmet, regardless of age.
P. 
An all-terrain vehicle shall not exceed 10 miles per hour under the posted speed limit, and exceptions shall be made for navigating from one trail to another over paved roads.
All-terrain vehicles may not be operated on any highways or other paved roadways within the exterior boundaries of the Menominee Indian Reservation.
A. 
Operation on roadway. All-terrain vehicles may be operated on the paved roadway portion of any highway only in the following situations:
(1) 
To cross a roadway.
(2) 
On any roadway not seasonally maintained for motor vehicle traffic.
(3) 
To cross a bridge, culvert or railroad right-of-way.
(4) 
On roadways designated as all-terrain vehicle routes.
(5) 
On roadways if the all-terrain vehicle is an implement of husbandry.
B. 
Operation adjacent to roadway. An all-terrain vehicle may be operated adjacent to a paved roadway on an all-terrain vehicle route or trail if the all-terrain vehicle is operated in the following manner:
(1) 
At a distance of 10 feet or more from the paved roadway along U.S. numbered highways, state and county highways, tribal roads, town roads, and BIA roads.
(2) 
Travel shall conform to the direction of traffic in the nearest lane.
(3) 
Roadway speed limits shall be observed when traveling adjacent to a roadway.
It shall be a violation of this article if the following equipment requirements are not met:
A. 
Any all-terrain vehicle operated during the hours of darkness or operated during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp.
B. 
The headlamp on an all-terrain vehicle is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle.
C. 
The tail lamp on an all-terrain vehicle is required to display a red light visible during darkness from a distance of 500 feet to the rear.
D. 
Every all-terrain vehicle is required to be equipped with at least one brake operated either by hand or by foot.
E. 
Every all-terrain vehicle is required to be equipped with a functioning muffler to prevent excessive or unusual noise.
It is illegal to operate an all-terrain vehicle while under the influence of alcohol or other drugs.
A. 
No person may engage in the operation of an all-terrain vehicle with a blood alcohol concentration (BAC) of 0.08% or more. However, a person may be arrested for operating under the influence with a BAC that is under 0.08%.
B. 
No person may operate an all-terrain vehicle while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle.
C. 
No person may engage in the operation of an all-terrain vehicle with any detectable amount of a restricted controlled substance in his or her blood.
D. 
You are required to provide a sample of your breath, blood or urine if a law enforcement officer has probable cause to believe you are operating an all-terrain vehicle under the influence. If you refuse to provide a breath, blood or urine sample, you will be charged with an additional violation.
E. 
No person shall operate an all-terrain vehicle or ride as a passenger on an all-terrain vehicle while carrying open intoxicants.
Violation of a provision of this article shall result in forfeiture as follows:
A. 
Operating an all-terrain vehicle without a valid registration in violation of § 550-17 of this article shall result in a forfeiture of $50.
B. 
Operating an all-terrain vehicle in any careless way so as to endanger a person or person's property in violation of § 550-18 of this article shall result in a forfeiture of 50.
C. 
Operating an all-terrain vehicle on the private property of another without consent of the owner or lessee in violation of § 550-18 of this article shall result in a forfeiture of $100.
D. 
Operating an all-terrain vehicle on Indian lands without the consent of the Menominee Tribal Legislature or Indian owner in violation of § 550-18 of this article shall result in a forfeiture of $100.
E. 
Operating an all-terrain vehicle on any pathways or sidewalks specified for pedestrian use in violation of § 550-18 of this article shall result in a forfeiture of $50.
F. 
Operating an all-terrain vehicle on any public, church, school or business properties in violation of § 550-18 of this article shall result in a forfeiture of $50.
G. 
Operating an all-terrain vehicle while transporting any uncased firearms or bows in violation of § 550-18 of this article shall result in a forfeiture of $60.
H. 
Operating an all-terrain vehicle within 150 feet of a dwelling at a speed exceeding 10 miles per hour in violation of § 550-18 of this article shall result in a forfeiture of $30.
I. 
Operating an all-terrain vehicle on a frozen lake surface within 100 feet of a person or ice shanty at a speed exceeding 10 miles per hour in violation of § 550-18 of this article shall result in a forfeiture of $40.
J. 
Operating an all-terrain vehicle without wearing a protective helmet in violation of § 550-18 of this article shall result in a forfeiture of $10.
K. 
Operating an all-terrain vehicle without wearing required eye protection in violation of § 550-18 of this article shall result in a forfeiture of $10.
L. 
Operating an all-terrain vehicle in any streams, creeks, lakes or wetlands in violation of § 550-18 of this article shall result in a forfeiture of $50.
M. 
Operation of an all-terrain vehicle by a person under the age of 12 years in violation of § 550-18 of this article shall result in a forfeiture of $20.
N. 
Operating an all-terrain vehicle without successful completion of an all-terrain vehicle safety course in violation of § 550-18 of this article shall result in a forfeiture of $20. Operating an all-terrain vehicle without proof of successful completion of an all-terrain vehicle safety course in violation of § 550-18 of this article shall result in a forfeiture of $10.
O. 
Operating an all-terrain vehicle in any manner to flee or escape a law enforcement officer in violation of § 550-18 of this article shall result in a forfeiture of $100.
P. 
Operating an all-terrain vehicle with a passenger in violation of § 550-18 of this article shall result in a forfeiture of $30.
Q. 
Operating an all-terrain vehicle illegally on or in the vicinity of a highway in violation of § 550-19 of this article shall result in a forfeiture of $50.
R. 
Operating an all-terrain vehicle in violation of equipment requirements of § 550-20 of this article shall result in a forfeiture of $30.
S. 
Second-time violations of §§ 550-17, 550-18, 550-19 and 550-20 of this article shall result in the original penalty being doubled.
T. 
Third and subsequent violations of §§ 550-17, 550-18, 550-19 and 550-20 of this article shall result in the original penalty being tripled.
U. 
A first-time violation of any provision of § 550-21 shall result in a forfeiture of not less than $150 nor more than $300.
V. 
A second violation of any provision of § 550-21 shall result in a forfeiture of $500 and jail for not less than five days nor more than 30 days.
W. 
Third and subsequent violations of any provision of § 550-21 shall result in a forfeiture of not less than $500 nor more than $1,000 and jail for not less than 10 days nor more than six months.
X. 
Violation of any other provision of this article not specifically enumerated above shall result in a forfeiture of not less than $50 nor more than $1,000.
Y. 
In addition to the above penalties, restitution may be ordered for damage caused from a violation of this article.
A. 
A law enforcement officer may seize an all-terrain vehicle, and impound for evidence purposes an all-terrain vehicle, if the officer has a reasonable basis to believe the all-terrain vehicle was used in the commission of a crime/offense on the Reservation, or the officer believes the property presents a danger to persons, property, or a natural resource of the Reservation, or if the officer has a reasonable basis to believe that without immediate seizure the all-terrain vehicle will be removed from the jurisdiction.
B. 
A receipt describing the seized all-terrain vehicle shall be issued to the person in possession of the vehicle at the time of seizure, if such person is present.
C. 
Upon order of the Court, after final adjudication of a case, or upon the Tribal Prosecutor's determination that the all-terrain vehicle is no longer needed for evidence purposes, the owner of the all-terrain vehicle shall be notified, in writing, of when and where the all-terrain vehicle may be picked up, and of any costs the owner must pay due to the seizure and impoundment of the all-terrain vehicle.