The provisions describing and defining regulations with respect
to all-terrain vehicles and utility-terrain vehicles in sec. 23.33,
Wis. Stats., and any future amendments or revisions, are hereby adopted
by reference and made part of this Section as if fully set forth herein.
The purpose of this ordinance is to establish all-terrain vehicle
(ATV)/utility-terrain vehicle (UTV) routes in the Town of Buchanan
and provide safe and enjoyable ATV/UTV recreation consistent with
public rights and interests pursuant to §§ 23.33(8)(b)
and 23.33(11), Wis. Stats.
Except as otherwise provided by § 23.33, Wis. Stats.,
and subject to the following limitations hereinafter set forth:
A. The Town of Buchanan designates all Town roads, with a speed limit
as posted, as ATV/UTV routes unless otherwise posted.
B. County and state highways located within the Town of Buchanan may
be authorized for ATV/UTV use by Outagamie County and/or the State
of Wisconsin only.
C. The Town Board Chair, in his or her sole discretion, may temporarily
close any ATV/UTV route or portion thereof for a period of up to 90
days due to hazard, construction, or any other emergency condition.
D. The Town Board may, in its sole discretion, permanently close any
ATV/UTV route or portion thereof for any reason by posting signage
for prohibited routes and by providing notice to the public.
In addition to the limitations set forth by § 23.33,
Wis. Stats., the following conditions and restrictions are placed
on the use of ATVs and UTVs on Town of Buchanan designated routes:
A. ATV/UTV operators shall observe posted or legal speed limits.
B. ATV/UTVs shall ride in single file and cannot ride on the shoulder
of the road.
C. ATV/UTVs shall observe all laws of this state pertaining to the use
of ATV/UTVs.
D. ATV/UTV operators shall have a valid driver's license and be
at least 16 years of age.
E. ATV/UTV operators under the age of 18 must wear a helmet.
F. ATV/UTV operators cannot ride on any route in the Town of Buchanan
from 12:00 midnight until 5:00 a.m. unless they are engaged in snowplowing.
G. ATV/UTV operators shall have headlights and taillights on while operating
on any Town route.
H. All ATV/UTV operators shall have liability insurance in force on
any ATV/UTV operated on any Town route and shall have in their immediate
possession proof of said insurance, which shall be displayed upon
demand from any law enforcement officer, with the following minimum
coverages:
(1) $10,000 property damage coverage.
(2) $25,000 single injury/death coverage.
(3) $50,000 multiple injury/death coverage.
This article may be enforced by any law enforcement officer
authorized to enforce the laws of the State of Wisconsin and is not
intended to limit or prohibit any law enforcement officer or Department
of Natural Resources warden from proceeding under any other ordinance,
regulation, statute, law, or order pertaining to the subject matter
addressed herein.
Wisconsin state ATV/UTV penalties as found in § 23.33(13)(a),
Wis. Stats., are adopted by reference and are made part of this article.
The provisions of this article shall be deemed severable, and
it is expressly declared that the Town would have passed the other
provisions of this article irrespective of whether or not one or more
provisions may be declared invalid. If any provision of this article
or the application to any person or circumstance is held invalid by
a court of competent jurisdiction, the remainder of the article and
the application of such provisions to other persons or circumstances
shall not be deemed affected.
No person shall operate a snowmobile upon any street, highway
or alley within the Town in violation of the provisions of Ch. 350
or §§ 346.04, 346.06, 346.11, 346.14(1), 346.18 to
346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44,
346.46 to 346.48, 346.50(1)(b), 346.51 to 346.55, 346.87 to 346.91,
346.92(1) and 346.94(1) and (9), Wis. Stats.