[Adopted 2-16-2010 by Ord. No. 2-10; amended in its entirety 4-16-2013]
The title of this article is the "Price County All-Terrain Vehicle (ATV) Route Ordinance." The purpose of this article is to establish ATV routes on designated Price County highways (defined as highways owned and maintained by Price County) and to regulate ATV and utility terrain vehicle (UTV) operation on such ATV routes.
The Price County Board, Price County, Wisconsin, has the specific authority to adopt this article under § 23.33(8)(b) and (11), Wis. Stats.
The Price County Board, Price County, Wisconsin, by this article, adopted on proper notice with a quorum and majority vote of the Price County Supervisors present and voting, provides the authority for the County to designate ATV routes on Price County highways and to regulate the use of ATVs and UTVs on those routes.
Pursuant to § 23.33(4)(d)4, Wis. Stats., except as otherwise provided in § 23.33(4), Wis. Stats., no person may operate an ATV or UTV on the roadway portion of any Price County highway except portions designated as ATV routes under this article. Operation of ATVs and UTVs on a Price County highway that is an ATV route is authorized only for the extreme right side of the roadway, not the shoulders, except that left turns may be made from any part of the roadway that is safe given prevailing conditions.
A. 
No portion of any Price County highway shall be deemed to be an ATV route unless it is so designated on the map titled "Official Price County Highway ATV Routes, Price County, Wisconsin" maintained by and displayed in the Price County Clerk's office at the Price County Courthouse and the office of the Price County Highway Department, 704 N Lake Ave, Phillips, Wisconsin, and unless such designated portion of the Price County highway is legally signed as an ATV route. All notations and references shown on the map are incorporated into this article. The Price County Highway and Transportation Committee (or its successor) is hereby authorized to make changes to the map (including dates when ATV routes, whether specific ones or all of them, shall be open and available for ATV and UTV use) upon motion approved at any properly noticed meeting of said Committee or by the Price County Board upon motion approved at any properly noticed meeting of said Board. Any request for the addition of a new ATV route or for a modification to an already existing ATV route must be submitted to the Price County Highway and Transportation Committee; said Committee shall send a copy of such request (even if such request comes from the Price County Highway Department) to the Price County ATV Trail Association (or its successor) at least two weeks prior to the first Price County Highway and Transportation Committee meeting at which such request shall be discussed and/or acted upon in order to give the Price County ATV Trail Association (or its successor) time to give its comments and suggestions to the Price County Highway and Transportation Committee. Any such request for a new ATV route or for a modification to an already existing ATV route must indicate which ATV or UTV organization or which governmental body will be responsible for purchasing signs for the route affected and the name of the contact person for said organization or governmental body, although, if the request is granted, the Price County Highway Department will be responsible for the actual installation of such signs purchased by said ATV organization or governmental body. However, the Price County Highway Commissioner may remove any route as a result of any problems or safety concerns pending a full report and decision upon such route by the Price County Highway and Transportation Committee.
B. 
A governmental body shall be defined as any municipal unit of government within Price County excluding Price County government.
Pursuant to § 23.33(8)(d), Wis. Stats., the following restrictions are placed on the use of ATV routes upon any portion of Price County highways designated by this article and the map created by it:
A. 
Routes shall be marked with uniform ATV route signs in accordance with § NR 64.12(7), Wis. Adm. Code. No person may do any of the following with respect to signs marking ATV routes upon any designated portion of Price County highways:
(1) 
Intentionally remove, damage, deface, move, or obstruct any uniform ATV route or trail sign or standard or intentionally interfere with the effective operation of any uniform ATV route or trail sign or standard if the sign or standard is legally placed by the state, any municipality, or any authorized individual.
(2) 
Possess any uniform ATV route or trail sign or standard of the type established by the Department for the warning, instruction or information of the public, unless he or she obtained the uniform ATV route or trail sign or standard in a lawful manner. Possession of a uniform ATV route or trail sign or standard creates a rebuttable presumption of illegal possession.
B. 
Operation shall be subject to all provisions of § 23.33, Wis. Stats., which is adopted as a part of this article by reference, pursuant to § 23.33(11), Wis. Stats.
C. 
A copy of this article together with the map referenced herein and any future amendments to either this article or the map shall be sent by the Price County Highway Department to the Price County Sheriff's Department and to the Wisconsin Department of Natural Resources.
D. 
Restrictions.
(1) 
All ATV and UTV operators shall observe posted ATV roadway speed limits unless such roadway speed limits are in excess of 35 miles per hour, in which case the ATV and UTV speed limit shall be 35 miles per hour.
(2) 
All ATV and UTV operators shall ride single file on the right side of the pavement, but shall not operate on the shoulders or in the ditch.
(3) 
ATV and UTV operators will be at least 16 years of age or accompanied by an adult.
(4) 
Unless otherwise indicated on the Official Price County Highway ATV Routes, Price County, Wisconsin, referenced above, ATV routes upon any Price County highways shall be open and available for ATV use from May 15 through October 15 of each year unless modified by the Price County Highway and Transportation Committee (or its successor) or the Price County Board.
(5) 
Headlights shall be on at all times.
(6) 
ATVs and UTVs shall yield the right-of-way to other vehicular traffic and pedestrians.
This article may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
The penalties in § 23.33(13)(a), Wis. Stats., are adopted by reference.
This article shall become effective upon publication and once full uniform ATV route signage is in place in accordance with the Wisconsin Administrative Code.