[Amended 5-10-2004 by Ord. No. 2004-03]
Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to all-terrain vehicles in the following enumerated section and its subsections of the Wisconsin Statutes are hereby adopted by reference and made part of this chapter as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this chapter. Any future amendments, revisions, or modifications of the statutes incorporated herein by reference made by the Wisconsin State Legislature are intended to be made part of this Code.
§ 23.33(1)
Definitions, including Subsections (a) through (n)
§ 23.33(2)
Registration
§ 23.33(2m)
Rental of all-terrain vehicles
§ 23.33(3)
Rules of operation, including Subsections (a) through (i)
§ 23.33(3g)
Use of headgear (only applies to those under the age of 18 years of age)
§ 23.33(4)
Operation on or near highways, including Subsections (a) through (e)
§ 23.33(4c)
Intoxicated operation of an all-terrain vehicle, first offense, including Subsection (a)1 and 2
§ 23.33(4c)(a)3
Operation with alcohol concentrations at specified levels, below age 19
§ 23.33(4p)(e)
Refusal to take chemical test, first offense
§ 23.33(5)(a) and (c)
Age restrictions
§ 23.33(6)
Equipment requirements, including Subsections (a) through (e)
§ 23.33(7)
Accidents, including Subsections (a) and (b)
§ 23.33(8)(f)
Interference with signs and standards prohibited
§ 23.33(12)(b)
Failure to stop for law enforcement officer
A. 
Findings. The unauthorized off-road operation of motor vehicles has resulted in:
(1) 
Serious damage to public and private lands, including damage or destruction of vegetation, animal life and improvement to the lands;
(2) 
The permanent scarring of land and an increase in both erosion and air pollution;
(3) 
Collisions and near collisions threatening the life and safety of the operators of such vehicles as well as of other persons; and
(4) 
A loss of the privacy, quietude and serenity to which the owners and users of land are rightfully entitled.
B. 
Definitions. For purposes of this section, the terms below shall be defined as follows:
MOTOR VEHICLE
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:
(1) 
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.
(2) 
By or at the direction of public employees or utility company employees as part of their employment duties.
(3) 
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.
OFF ROAD
(1) 
Any location which:
(a) 
Is not a paved or maintained public street or alley;
(b) 
Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or
(c) 
Is a private trail for use only by the owner or his permittees for recreational or other vehicular use.
(2) 
"Off road" shall not include any creek bed, riverbed or lake; provided, however, that this subsection shall not apply to snowmobiles or other vehicles being operated on the ice covering such creek bed, riverbed or lake.
OPERATION
The physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
UNAUTHORIZED
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 areas authorized by the Common Council, 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 City 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 written consent of the owner before operation of such craft or vehicle on private lands.
[Added 10-8-2018 by Ord. No. 2018-004; amended 5-13-2019 by Ord. No. 2019-003]
A. 
Intent. The City of Marion, Waupaca and Shawano County, Wisconsin, hereby adopts the following all terrain vehicle (ATV) and utility terrain vehicle (UTV) routes upon roadways listed in Subsection C. Following due consideration of recreational value to connect trail opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and automobile traffic volume, this route(s) has been created.
B. 
Statutory authority. ATV/UTV routes created are pursuant to the authority as authorized by §§ 23.33(8)(b) and 23.33(11)(am)4, Wis. Stats. The applicable provisions of § 23.33, Wis. Stats., regulating ATV/UTV operations pursuant to routes and trails are also adopted.
C. 
Routes and trails.
(1) 
The City of Marion reserves the right to close or modify routes and trails at any time. Any restrictions of trails and routes shall be designated by a motion and by majority of the City of Marion council and shall be marked accordingly.
(2) 
The City of Marion or its designee shall maintain all routes and trail signs within the City.
(3) 
All ATV/UTV routes and trails should be signed in accordance with Ch. NR § 64.12, and NR § 64.12(7)(c).
(4) 
All city roads, streets, alleyways and transportation marked corridors within the City of Marion are hereby designated as ATV/UTV routes. Authorized private lands subject to public easement or leases are designated ATV/UTV trails. The City of Marion authorizes the operation of ATVs/UTVs on all county and state highways with a speed limit of 35 miles per hour or less located in the City of Marion. Any county highway located in the City of Marion with a speed limit over 35 miles per hour if authorized by ordinance established by the County of Waupaca is designated as an ATV/UTV route. The City of Marion designates State Highway 110 as an ATV/UTV route from Quarter Line Road to Bertram Street subject to approval by the Wisconsin Department of Transportation through a route order.
(5) 
The City of Marion or its designee will maintain a route and trail map.
D. 
Conditions.
(1) 
All ATV/UTV operators on routes shall observe posted roadway speed limits; not to exceed 35 mph.
(2) 
All ATV/UTV operators shall ride single file.
(3) 
Operators of ATV/UTV shall observe all laws of this state pertaining to the use of an ATV/UTV.
E. 
Enforcement. This section shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
F. 
Penalties. Wisconsin state ATV/UTV penalties as found in § 23.33(13)(a), Wis. Stats., are adopted by reference.
G. 
Severability. The provision of this section shall be deemed severable and it is expressly declared that the City of Marion would have passed the other provisions of this section irrespective of whether or not one or more provision may be declared invalid. If any provision of this section or the application to any person or circumstances is held invalid, the remainder of the section and the application of such provisions to the other person's circumstances shall not be deemed affected.
H. 
Effective date. This section shall become effective May 24, 2019.