[Added 11-10-2021 by Ord. No. 26-21; amended 4-11-2022 by Ord. No. 2-22]
Pursuant to the authority granted in § 23.33, Wis.
Stats., the Village Board adopts the following provisions concerning
the operation of all-terrain vehicles within the Village.
A.
Except as otherwise may be specifically provided in this article,
the definitions set forth in § 23.33(1), Wis. Stats., and
as amended from time to time, are hereby incorporated herein and made
part of this article by reference as if fully set forth.
B.
As used in this article, the term "ATV/UTV" shall refer to an "all-terrain
vehicle," as defined in § 23.33(1)(b), Wis. Stats., and/or
a "utility terrain vehicle," as defined in § 23.33(1)(ng),
Wis. Stats.
A.
Only those streets within the Village designated with signage as
provided under § 23.33(8)(e), Wis. Stats., shall be open
to ATV/UTV usage as ATV/UTV routes.
B.
ATV/UTV routes shall be limited to state and county highways posted with speed limits of 35 miles per hour or less and shall be further limited to the areas in the Village of Belgium that have been posted with signage required under Subsection A above.
C.
Use of ATV/UTV routes designated under this article shall be limited
to the hours of 5:00 a.m. through 11:00 p.m.
D.
The Lakeshore ATV/UTV Club, or its successor, shall provide and install
signage on designated routes in compliance with § 23.33(8)(e),
Wis. Stats., and §§ NR 64.12 and NR 64.12(7), Wis.
Adm. Code. The location of all route signs shall first be approved
by the Village Public Works Superintendent. All route signs shall
be inspected annually and maintained by the Lakeshore ATV/UTV Club
or its successor. The Village shall be notified immediately of any
change in responsibility for maintenance of the route signs.
E.
The Village retains the right to close to ATV/UTV operation for special
events, street construction or repair, or for any other reason.
All ATV/UTV operators and passengers shall comply with the following
rules of operation:
A.
No ATV/UTV operator shall operate at a speed in excess of the posted
speed limit.
B.
Age-related restrictions set forth in § 23.33(5), Wis.
Stats., and as amended from time to time, are incorporated herein
and made part of this article by reference as if fully restated herein.
C.
Operation of ATVs and UTVs on roadways designated as ATV/UTV routes
are authorized only for the extreme right side of the roadway, on
the paved surface, except that left turns may be made from any part
of the roadway that is safe given prevailing conditions.
D.
Approved hand signals are required whenever the operator intends
to change direction if the vehicle is not equipped with turn signals.
E.
All ATV/UTV operators shall ride single file.
F.
The operator of an ATV/UTV shall obey all traffic laws, Village ordinances
and DNR regulations.
G.
No person shall operate an ATV/UTV that does not comply with all
applicable equipment provisions in § 23.33(6), Wis. Stats.
H.
No person shall ride in or upon any part of any ATV/UTV in violation
of the passenger restrictions set forth in § 23.33(6r),
Wis. Stats.
I.
No person shall operate an ATV/UTV that is in violation of the noise
limits set forth in § 23.33(6m), Wis. Stats.
J.
ATV/UTV operators are required to have proof of liability insurance
coverage.
K.
ATV/UTV operators shall restrict noise issues; radios and sound systems
are allowed, but the volume must be kept to a minimum and is limited
to within the personal space of the vehicle.
L.
No open intoxicants are allowed in or upon any ATV/UTV while the
vehicle is in operation.
M.
On all streets shared with another jurisdiction, the more restrictive
ordinance or regulation shall apply.
N.
Provisions concerning operation of an ATV/UTV while under the influence
of an intoxicant set forth in § 23.33, Wis. Stats., are
incorporated and made part of this article as if fully set forth herein,
and a violation of any such provision shall constitute a violation
of this article.
O.
No person may operate an ATV/UTV on or across a public park or upon
a public sidewalk (except for the purpose of snow removal). No person
shall operate an ATV/UTV on any private property not owned or controlled
by the operator without the express consent or permission of the property
owner.
P.
No person may operate an ATV/UTV at a rate of speed that is unreasonable
or improper under the circumstances.
Q.
The operator of an ATV/UTV shall slow his or her vehicle to a speed
not to exceed 10 miles per hour and yield the right-of-way when traveling
within 100 feet of a person who is not on an ATV/UTV, a snowmobile
or a motorcycle, except as provided under Ch. 346, Wis. Stats., where
applicable.
ATV/UTV operation is at the risk of the operator and any passenger.
In establishing ATV/UTV routes under this article for recreational
use, the Village of Belgium intends to utilize the liability and immunity
protections under § 895.52, Wis. Stats.; provided, however,
that the Village does not waive any other liability exemptions and/or
limitations afforded the Village under Wisconsin law.
No person shall interfere with or possess any sign posted pursuant
to this article in violation of § 23.33(8)(f), Wis. Stats.
A.
Pursuant to § 23.33(12), Wis. Stats., any state traffic
patrol officer under § 110.07(1), Wis. Stats., an inspector
under § 110.07(3), Wis. Stats., a conservation warden appointed
by the Wisconsin Department of Natural Resources under § 23.10,
Wis. Stats., county sheriff, or the Village Marshal shall have authority
and jurisdiction to enforce this article.
B.
No operator of any ATV/UTV may refuse to stop after being requested
to do so by a law enforcement officer or a conservation warden.
The penalties as set forth in § 23.33(13)(a), Wis. Stats., are adopted by reference, and notwithstanding anything to the contrary in § 262-19, the penalty provisions of § 23.33(13)(a), Wis. Stats, shall apply to violations of this article. The penalty for any violation of this article not addressed in § 23.33(13)(a), Wis. Stats., shall be as set forth in § 262-19 or 1-5 as applicable.
Pursuant to § 23.33(11)(b), Wis. Stats., following
adoption, the Village Clerk shall provide copies of this article to
the Wisconsin Department of Natural Resources, the Wisconsin State
Patrol, and the Ozaukee County Sheriff's Office.
A.
Purpose. The purpose of this section is to establish regulations
to ensure the safety and welfare of persons and property relative
to the operation of golf carts on public streets within the Village.
B.
Definitions. As used in this section, "golf cart" is defined as a
vehicle designed and manufactured for operation on a golf course for
sporting or recreational purposes and that is not capable of exceeding
20 miles per hour on a paved, level surface.
C.
Operation of golf carts allowed; exceptions.
(1)
Allowed. The operation of golf carts on the public streets within
the Village where the speed limit is 25 miles per hour or less in
compliance with the provisions of this section shall be permitted;
however, it shall be unlawful to operate any golf cart that is not
properly registered with the Village or operate any golf cart at any
place, time or in any manner not authorized herein or in violation
of the provisions of this section.
(2)
Exceptions. The operation of golf carts is not subject to the
provisions of this section under the following circumstances:
(a)
The operation of golf carts at golf courses or on private property
with the consent of the owner.
(b)
The use of a golf cart in connection with a parade, a festival
or other special event, provided the consent of the event sponsor
is obtained and provided the golf cart is used only during such event.
D.
License required. No person who is less than 16 years of age or who
does not have a valid driver's license issued by the State of
Wisconsin or some other state may operate a golf cart on any public
street within the Village. For purposes of this section, a learner's
permit shall not be considered as a valid driver's license, nor
shall any license that has been revoked or suspended for any reason
be considered as a valid driver's license during the period of
suspension or revocation.
E.
Registration.
(1)
Registration required. No golf cart may be operated on any public
street within the Village unless the golf cart has first been registered
with the Village Clerk as required herein. The registration shall
be renewed thereafter in accordance with the provisions of this section.
To evidence the registration, the owner shall be issued an annual
permit which shall be displayed in a prominent, visible place on the
rear fender of the golf cart or at such other place as may be approved
by the Village Marshal. The permit may contain a registration number
assigned for the golf cart and may contain an expiration date. The
permit shall be valid for one year from July 1 to June 30. A registration
fee in the amount established by resolution of the Village Board shall
be paid to the Village at the time the application for registration
is filed with the Village Clerk or for any renewal of the application.
(2)
Application. The application for registration shall be made
to the Village Clerk on forms provided by the Village. The application
may, among other things, require the owner's name, street address,
mailing address, a phone number, the make, model and identification
or serial number of the golf cart, proof of insurance as described
below, and such other information as may be reasonably required, as
well as a release or disclaimer of liability by the Village for accidents
involving the registered golf cart.
(3)
Proof of liability insurance. The owner of the golf cart must
provide a certificate of insurance listing the company, policy term,
and minimum limits of liability of $100,000 per person, $300,000 per
accident and $5,000 for medical.
(4)
Inspection. Prior to issuing the initial registration permit
or any renewal thereof, the golf cart shall either be inspected by
the Village Marshal or, in place of inspection, the Village Marshal
may require photographs submitted of the golf cart to determine that:
(a)
The golf cart is equipped with a rear vision mirror and at least
two red rear reflectors at least three inches in height and width;
(b)
The golf cart is equipped with a reflective "slow moving" sign
or flag on the rear of the cart;
(c)
The brakes provided by the manufacturer of the golf cart are
in proper working order;
(d)
The golf cart has all of the standard safety features provided
by the manufacturer and has not been modified to exceed a speed of
20 miles per hour, nor otherwise modified in any way that creates
a hazard; and
(e)
The golf cart is equipped with all mechanical systems and safety
equipment required by this section.
(5)
Denial and revocation. The initial registration of a golf cart
may be denied or subsequently revoked by the Village Clerk if it is
determined that:
(a)
The application contains any material misrepresentation;
(b)
The golf cart is not in compliance with the requirements of
this section;
(c)
The golf cart has been altered or customized and no longer meets
the definition of a "golf cart";
(d)
Equipment supplied by the manufacturer, especially safety equipment,
has been removed from the golf cart or the vehicle identification
or serial number has been removed; or
(e)
Other good cause shown, including repeated violations of this
section.
F.
Operational regulations. Golf carts shall not be operated on the
public streets of the Village, except in full compliance with the
following:
(1)
Hours of operation. Golf carts may be driven on approved public
streets from sunrise until sunset, except that golf carts equipped
with at least one operating headlight having at least a fifty-five-watt
halogen or equivalent bulb on the front of the golf cart and two operating
red taillights on either side of the rear of the golf cart, all of
which are visible from a distance of 250 feet, may be operated 1/2
hour before sunrise until 1/2 hour after sunset. Golf carts may not
be operated when fog, smog, smoke, snow or other conditions reduce
visibility so that the golf cart is not visible for a distance of
250 feet.
(2)
Motor vehicle laws. All laws regarding the use of motor vehicles
in the State of Wisconsin and all ordinances regarding the use of
motor vehicles in the Village not inconsistent therewith shall be
observed, except that no golf cart may be operated at a speed in excess
of 20 miles per hour.
(3)
Right-of-way. The operator of a golf cart shall yield the right-of-way
to motor vehicles and pedestrians. Golf carts shall operate in a single
file on the far right side of the roadway with the flow of traffic.
(4)
Public property and sidewalks. Golf carts shall not be operated
on any sidewalk, pedestrian walkway, public park, bike path, or public
trail, except by Village personnel while on Village business. Notwithstanding
anything herein to the contrary, golf carts shall not be operated
on property owned or leased by the Village, except with the express
written consent of the Village Board and upon the terms and conditions
as may be set forth in such written consent, or to gain access to
a parking lot for purposes of parking.
(5)
Golf cart capacity. The number of occupants in a golf cart shall
be limited to the number of persons for whom individual seating is
installed, and all riders must remain seated at all times while the
golf cart is in operation.
(6)
Commercial purposes. Golf carts may not be used for the commercial
carrying of passengers or the hauling of freight.
(7)
Parking. Golf carts may only be parked in the same manner and
at the same places designated for the parking of motor vehicles. The
stopping, standing, or parking of golf carts in an area where parking
is not allowed or in any place that impedes the flow of traffic, pedestrian
walkways or a passageway is prohibited.
(8)
Towing. Golf carts may not be used for the purpose of towing
another cart, trailer, or vehicle of any kind or for towing a person
on roller skates, a skateboard, or a bicycle.
G.
Disclaimer and liability.
(1)
Disclaimer. Golf carts are not designed for nor manufactured
to be used on public streets, and the Village neither advocates nor
endorses the golf cart as a safe means of travel on public streets,
roads, and highways. The Village in no way shall be liable for accidents,
injuries or death involving the operation of a golf cart.
(2)
Assumption of risk. Any person who owns, operates, or rides
upon a golf cart on a public street, road or highway within the Village
does so at his or her own risk and peril and assumes all liability
resulting from the operation of the golf cart.
