[HISTORY: Adopted by the Village Board of the Village of Superior 11-24-2021. Amendments noted where applicable.]
Following due consideration of the recreational and economic value to access businesses and residences and to make trail connections and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, this chapter has been created pursuant to Village Board authority under Wis. Stats., §§ 59.02, 23.33(11)(am) and 23.33(8)(b) as amended.
The following routes are established: All streets and avenues within the incorporated areas of the Village of Superior are designated as ATV/UTV routes.
All ATVs and UTVs shall operate only on the paved portion of the roadway. Operation on the gravel shoulders, grassy inslope, ditches, or other highway right-of-way is prohibited and illegal.
A. 
ATV/UTV operation shall be subject to all provisions of Wis. Stats., § 23.33, which is adopted as part of this chapter by reference.
B. 
No person may operate an ATV or UTV on Village roadways unless the owner or operator has in effect a liability insurance policy providing coverage consistent with the liability insurance required for automobile operators by the State of Wisconsin and has in his or her immediate possession proof that he or she is in compliance.
C. 
Persons 16 years of age or older must possess a valid driver's license to operate an ATV or UTV on a Village roadway.
D. 
No persons under the age of 16 may operate an ATV or UTV on Village roadways during the hours between sunset and sunrise.
E. 
No one under 12 years of age is allowed to operate an ATV or UTV on a Village roadway, and all operators born after January 1, 1988, are required to have an ATV safety certificate.
F. 
No person under 16 years of age may operate an ATV or UTV on a Village roadway unless the person is accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian. Anyone accompanying those under 16 years of age must possess a valid driver's license.
G. 
No person may operate or be a passenger on an ATV or UTV without wearing protective headgear of the type required in Wis. Stats., § 347.485(1)(a), unless the person is at least 18 years of age.
H. 
All ATVs and UTVs shall display either a Wisconsin registration or a nonresident trail pass while operating on Village roadways.
I. 
ATV/UTV operators shall not exceed 25 mph on any Village roadway.
J. 
All ATV/UTV operators shall ride in single file on the right-hand side of the paved portion of the roadway.
K. 
All ATV/UTV operators are required to display a lighted headlamp and taillamp while operating on a Village roadway.
This chapter shall be enforced by any officer employed by the Douglas County Sheriff's Department or any other law enforcement official as set forth in Wis. Stats., § 23.33(12).
The penalty for operating an ATV/UTV off the roadway of a designated ATV/UTV route (i.e., the gravel shoulder, grassy inslope, ditch, or other highway right-of-way) or violating any other provision of this chapter shall result in a forfeiture of not less than $25 nor more than $500, plus court costs.
Should any subsection, clause, or provision of this chapter be declared by the Court to be invalid, the same shall not affect the validity of the section as a whole or any part thereof, other than the part so declared to be invalid.
Designation of segments of the Village roadway system as ATV/UTV routes does not impose upon the Village roadway a greater duty of care or responsibility for maintenance of those segments than for any other segment of Village roadway. Operators of ATVs/UTVs on Village roadways assume all the usual and normal risks of ATV/UTV operation.
This chapter shall take effect November 24, 2021.