[HISTORY: Adopted by the Village Board of the Village of
Randolph 10-7-1998 by Ord. No. 351 as Title 10, Ch. 4, of the 1998 Code.
Amendments noted where applicable.]
The provisions describing and defining regulations with respect
to all-terrain vehicles in the following enumerated subsections of
§ 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. Any acts required to be performed by the following
statutory subsections or which are prohibited by such statutory subsections
are required to be performed by this section or are prohibited by
this section:
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§ 23.33(2)
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Registration
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§ 23.33(3)
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Rules of operation [including Subsections (a) through (i)]
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§ 23.33(4)
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Operation on or near highways [including Subsections (a) through
(e)]
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§ 23.33(5)(a) and (c)
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Age restrictions
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§ 23.33(6)
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Equipment requirements [including Subsections (a) through (e)]
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§ 23.33(7)
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Accidents [including Subsections (a) and (b)]
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§ 23.33(1)
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Definitions [including Subsections (a) through (n)]
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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.
MOTOR VEHICLE
(1)
(2)
(3)
OFF ROAD
OPERATION
UNAUTHORIZED
Definitions. For purposes of this section, the terms below shall
be defined as follows:
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:
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.
By or at the direction of public employees or utility company
employees as part of their employment duties.
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.
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
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.
[Amended 2-1-2021 by Ord. No. 427]
(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 Village Board, 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 Village streets, alleys, parks, sidewalks, bikeways, parking lots or on any public lands or private lands or parking lots held open to the public, except as permitted under § 344-4. The operator shall at all times have the written consent of the owner before operation of such craft or vehicle on private lands.
[Amended 4-3-2006]
A.
HIGHWAY
MINIBIKE
MOTORIZED VEHICLE
SELF-PROPELLED VEHICLE
Definitions. The following definitions shall be applicable in this
section:
All public ways and thoroughfares and bridges on the same.
It includes the entire highway right-of-way width, not limited to
the actual traveled portion, but also includes the shoulders, ditches
and other areas adjacent thereto.
Any motorized vehicle primarily used for transportation or
sport, including but not limited to motorcycles, off-the-road trail
bikes and motorized bicycles.
Any self-propelled device in, upon or by which any person or property is or may be transported, except as provided in Subsection B.
Any motorized vehicle primarily used for off-the-road use,
including but not limited to go-carts, all-terrain vehicles and all
other vehicles not registered pursuant to Ch. 341, Wis. Stats., but
not snowmobiles.
B.
Exemption. Self-propelled vehicles specifically designated for the
transport of persons who are physically handicapped or for any reason
have a diminished ability to walk are exempt from this section.
C.
Operation of minibikes and self-propelled vehicles. No person shall
operate a minibike or self-propelled vehicle in the Village of Randolph
in the following manner:
(1)
At a rate of speed that is unreasonable or imprudent under the circumstances.
(2)
In any careless way so as to endanger the person or property of another.
(3)
While under the influence of intoxicating liquor, fermented malt
beverages, narcotics or other controlled substances.
(4)
In such a way that the exhaust of the motor makes an excessive or
unusual noise.
(5)
Without a functioning muffler.
(6)
Upon any public highway, street or alley or upon any sidewalk or
parkway in the Village of Randolph, unless such vehicle is registered
as required by Ch. 341, Wis. Stats., and/or its operation and operator
are specifically permitted to operate the said vehicle by the Wisconsin
Statutes.
(7)
Upon any slide, ski or skating area, except for the purposes of serving
the area or crossing the places where marked.
(8)
Upon any lands owned, operated or leased by the Village of Randolph.
(9)
Upon cemetery, burial ground, school or church property, without
the express consent of the owner.
D.
Liability of parent or guardian. No parent or guardian of any child
under the age of 18 years shall authorize or permit such child to
violate any of the provisions of this section. Any child under the
age of 18 years who shall operate a minibike or self-propelled device
shall be presumed to be operating said vehicle under the authority
of a parent or guardian.
E.
Penalties. Any person who shall violate this section shall, upon
conviction thereof, forfeit for each offense not less than $25 nor
more than $200, together with the costs of prosecution, and, in default
of payment of such forfeiture and costs of prosecution, shall be imprisoned
in the county jail not to exceed 30 days.
[Added 2-1-2021 by Ord. No. 427]
A.
Purpose. The purpose of this section is to establish all-terrain
and utility-terrain vehicle routes in the Village of Randolph and
to regulate the operation of all-terrain and utility-terrain vehicles
in the Village.
B.
Authority. The Village Board of the Village of Randolph, Dodge and
Columbia County, Wisconsin, has the specific authority to adopt this
all-terrain and utility-terrain vehicle ordinance under §§ 23.33(8)(b)
and 23.33(11)(am)4, Wis. Stats, which authorizes the operation of
ATVs/UTVs on a highway that has a speed limit of 35 mph or less and
is located within the territorial boundaries of the Village of Randolph,
Dodge and Columbia County, Wisconsin.
C.
Adoption of ordinance. This section adopted on proper notice with
a quorum and roll call vote by a majority of the Village Board present
and voting, provides the authority of the Village to designate all-terrain
and utility-terrain vehicle routes in the Village and to regulate
the use of those routes and all-terrain and utility-terrain vehicles
in the Village.
D.
ALL-TERRAIN VEHICLE (ATV)
UTILITY-TERRAIN VEHICLE (UTV)
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
VILLAGE
Definitions. For the purposes of this section, the following definitions
shall be used. Words used in the present tense include the future;
the singular number includes the plural number; and the plural number
includes the singular number. The words "shall," "will," and "must"
are always mandatory. The words "may" and "should" are discretionary
terms. The masculine shall include the feminine. Terms not defined
in this section shall be interpreted based on common usage.
A commercially designed and manufactured motor-driven device
that has a weight, without fluids, of 900 pounds or less, has a width
of 50 inches or less, is equipped with a seat designed to be straddled
by the operator, and travels on three or more low-pressure tires or
non-pneumatic tires.
Any of the following:
A commercially designed and manufactured motor-driven device
that does not meet federal motor vehicle safety standards in effect
on July 1, 2012, that is not a golf cart, low-speed vehicle, dune
buggy, mini-truck, or tracked vehicle, that is designed to be used
primarily off of a highway, and that has, and was originally manufactured
with, all of the following:
A weight, without fluids, of 2,000 pounds or less.
Four or more low-pressure tires or non-pneumatic tires.
A steering wheel.
A tail light.
A brake light.
Two headlights.
A width of not more than 65 inches.
A system of seat belts, or a similar system, for restraining
each occupant of the device in the event of an accident.
A system of structural members designed to reduce the likelihood
that an occupant would be crushed as the result of a rollover of the
device.
A commercially designed and manufactured motor-driven device
to which all of the following applies:
Village of Randolph, the Village Board or any other Village
of Randolph official(s) authorized by the Village Board to act on
behalf of the Village of Randolph.
E.
Operation of all-terrain and utility-terrain vehicles. Pursuant to
§ 23.33(3)(d)4, Wis. Stats., except as otherwise provided
in § 23.33(4), Wis. Stats., no person may operate an all-terrain
or utility-terrain vehicle on the roadway of any highway in the Village
except on roadways that are designated as all-terrain and utility-terrain
vehicle routes by this section.
F.
Designation of all-terrain and utility-terrain vehicle routes. All
roads under the jurisdiction of the Village of Randolph are designated
all-terrain and utility-terrain vehicle routes.
G.
Conditions applicable to all-terrain and utility-terrain vehicle
routes. Pursuant to § 23.33(8)(d), Wis. Stats., the following
restrictions are placed on the use of the Village all-terrain and
utility-terrain vehicle routes designated by this section:
(1)
Routes shall be marked with uniform all-terrain and utility-terrain
vehicle route signs in accordance with Ch. NR 64.12(7), Wisconsin
Administrative Code. No person may do any of the following in regard
to signs marking Village all-terrain and utility-terrain vehicle routes:
(a)
Intentionally remove, damage, deface, move, or obstruct any
uniform all-terrain and utility-terrain vehicle route or trail sign
or standard or intentionally interfere with the effective operation
of any uniform all-terrain and utility-terrain vehicle route or trail
sign or standards if the sign or standard is legally placed by the
state, any municipality, or any authorized individual.
(b)
Possess any uniform all-terrain or utility-terrain vehicle 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 all-terrain and utility-terrain vehicle
route or trail sign or standard in a lawful manner. Possession of
a uniform all-terrain and utility-terrain vehicle route or trail sign
or standard creates a rebuttable presumption of illegal possession.
(2)
Operation shall be subject to all provisions of § 23.33,
Wis. Stats., which is adopted as a part of this section by reference,
pursuant to § 23.33(11), Wis. Stats.
(3)
Operators must abide by all traffic laws unless further restricted
by this section.
(4)
The speed limit for ATV/UTVs shall be established at a not greater
than 35 miles per hour or the speed limit for automobiles, whichever
is lower, on all segments of Village roads designated as ATV/UTV route.
(5)
ATV/UTVs may be operated on paved surfaces only, unless yielding
the right-of-way. No person shall operate an ATV or UTV on any sidewalk,
designated bicycle or pedestrian lane or other area of any street
right-of-way other than the paved roadway, unless specifically designated
and posted otherwise by the Village.
(6)
ATV/UTV operators shall ride single file.
(7)
No ATV/UTV may be operated on any designated route without fully
functional headlights, tail lights and brake lights.
(8)
No ATV/UTV may be operated on any designated route between the hours
of 12:00 a.m. and 5:00 a.m. daily. From November 1 to April 1, ATV/UTVs
may be operated between the hours of 3:00 a.m. and 5:00 a.m. for the
purpose of snow removal.
(9)
All ATV/UTV operators shall ride on the right-hand side of the paved
portion of the highway, unless making a left turn. Operation on the
gravel shoulders, grassy in-slope, ditches, or other highway right-of-way
is prohibited, unless yielding right of way.
(10)
No ATV/UTV may be operated on any designated ATV/UTV route if
the ATV/UTV does not meet all applicable federal noise and air pollution
standards.
(11)
No person under the age of 16 may operate an ATV/UTV on any
segment of Village road which is designated ATV/UTV route.
(12)
No person under the age of 18 may operate an ATV/UTV on any
designated route unless wearing approved protective head gear.
(13)
Every person who operates an ATV/UTV on a segment of Village
road which is designated as an ATV/UTV 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 or official described in § 23.33(12), Wis. Stats.
(14)
No ATV/UTVs may be operated in any part of the Village Park.
(15)
No ATV/UTV operator or passenger shall be in possession of an
open intoxicant while the ATV/UTV is in operation. No person shall
operate an ATV/UTV while under the influence of an intoxicant, a restricted
controlled substance, a controlled substance analog, or any combination
of these elements, to a degree which renders the person incapable
of safely operating the ATV/UTV.
(16)
ATV/UTVs shall be subject to all Village parking regulations
and restrictions.
H.
Enforcement. This section may be enforced by any Village Board Officer
or law enforcement officer authorized to enforce the laws of the State
of Wisconsin. A copy of this section shall be sent by the Village
Clerk to the Department of Natural Resources, the Dodge and Columbia
County Sherriff's Department and any other law enforcement agency
serving the Village of Randolph's jurisdiction.
I.
Penalties. The penalties under § 23.33(13)(a), Wis. Stats.,
are adopted by reference.
J.
Maintenance. Designation of segments of the Village road system as
ATV/UTV routes does not impose upon the Village a greater duty of
care or responsibility for maintenance of those segments than for
any other segment of Village road. Operators of ATV/UTVs on Village
roads assume all the usual and normal risks of ATV/UTV operation.
K.
Severability. If any provision of this section or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this section that can
be given effect without the invalid provision or application, and
to this end the provisions of this section are severable.
