[HISTORY: Adopted by the Village Board of the Village of Rothschild 11-14-2022. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Terms not defined in this section shall be interpreted based on common usage.
ALL-TERRAIN VEHICLE (ATV)
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 nonpneumatic tires.
OFF-ROAD RECREATIONAL VEHICLE
Any device designed primarily for off-the-road use which is internal-combustion- or electric motor driven. This includes, without limitation for lack of enumeration, such devices commonly known as minibikes, motocross bikes, go-carts, and golf carts. This definition does not include registered, street legal vehicles such as motorcycles and mopeds.
UTILITY TERRAIN VEHICLE (UTV)
Any of the following:
A. 
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 a highway, and that has, and was originally manufactured with, all the following:
(1) 
A weight, without fluids, of 2,000 pounds or less.
(2) 
Four or more low-pressure tires.
(3) 
A steering wheel.
(4) 
A taillight.
(5) 
A brake light.
(6) 
Two headlights.
(7) 
A width of not more than 65 inches.
(8) 
A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
(9) 
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.
B. 
A commercially designed and manufactured motor-driven device to which all of the following applies:
(1) 
It does not meet federal motor vehicle safety standards in effect on July 1, 2012; is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle; is designed to be used primarily off of a highway; and has, and was originally manufactured with, a weight, without fluids, of not more than 2,000 pounds.
(2) 
It has a width of 65 inches or less as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle's basic operation.
(3) 
It is equipped with a seat designed to be straddled by the operator.
(4) 
It travels on three or more tires.
A. 
The Village of Rothschild designates certain Village-maintained roads and streets in the Cedar Creek area as ATV and UTV routes. Please see attached map.[1]
[1]
Editor’s Note: The Designated ATV/UTV Routes map is included as an attachment to this chapter.
B. 
Under Wis. Stats. § 23.33(11)(am)4, the Village of Rothschild authorizes the operation of ATVs and UTVs on state trunk highways and county trunk highways with a posted speed limit of 35 mph or less that are within the territorial boundaries of the Village, except as posted.
Any person who operates or rides as a passenger on an ATV/UTV within the Village must meet the following requirements:
A. 
Any operator or passenger shall comply with all federal, state, and local laws, orders, regulations, restrictions, and rules. All ATV/UTV rules of operation outlined in Wis. Stats.§ 23.33 and Wis. Admin. Code Ch. NR 64 are adopted and incorporated in this chapter.
B. 
No person may operate an ATV or UTV upon any public highway, street or alley, or upon any sidewalk or parkway without a valid driver's license and being a minimum of 16 years of age.
(1) 
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 Wis. Stats. § 23.33(12).
C. 
No person may operate an ATV/UTV while under the influence of intoxicating liquor, fermented malt beverages, narcotics or other controlled substances. Operators will be held to the same enforcement, expectations, permissions, penalties, and restrictions, in addition to all other standards adopted by Wisconsin Statutes, which apply to the offense of driving a motorized vehicle under the influence of alcohol, drugs, and/or other chemical agents which impair an operator's safe use of a motorized vehicle.
D. 
Every person who operates an ATV/UTV on a segment of Village road which is designated as an ATV/UTV route, and/or every ATV/UTV operated on a segment of Village road which is designated as an ATV/UTV route, shall carry liability, and/or other insurances consistent with Wisconsin state law, for the operation of a motorized vehicle.
E. 
The speed limit for ATVs/UTVs shall be established at not greater than 30 miles per hour or the speed limit for automobiles, whichever is lower, on all segments of Village roads designated as ATV/UTV routes.
F. 
Operators shall ride in single file.
G. 
All ATVs/UTVs must operate with fully functional headlamps, tail lamps, and brake lights.
H. 
All operators shall have a liability insurance policy in force on any ATV or UTV operated on an ATV/UTV route or trail. The liability insurance policy must have the following minimum coverages:
(1) 
$10,000 for property damage.
(2) 
$25,000 for the injury or death of one person.
(3) 
$50,000 for the injury or death of more than one person.
I. 
No person shall operate an ATV/UTV within the Village upon any public parks, or any lands operated or leased by the Village, unless marked otherwise.
J. 
No person shall operate an ATV/UTV within the Village upon any designated snowmobile trail, except on those snowmobile trails designated as open for all terrain vehicle use.
K. 
Operators may not operate an ATV or UTV on an ATV/UTV route at any time before or after operating hours. Operating hours are designated as one hour before sunrise and one hour after sunset.
L. 
No person shall, while operating an ATV/UTV, engage in the practice of cruising on any authorized road. "Cruising" is defined as running all or part of the length of a roadway multiple times per day, back and forth, for any purpose other than departing or arriving at their residence or place of lodging.
M. 
Exhaust system/muffler modifications are prohibited. No person shall operate on a Village route any ATV/UTV unless such ATV/UTV is equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise or annoying smoke.
No person shall operate an off-road recreational vehicle within the Village upon any public roadway, public parks, or any lands operated or leased by the Village unless marked otherwise.
A. 
The penalties under Wis. Stats.§ 23.33(13) are adopted by reference.
B. 
The Marathon County Sheriffs office, local law enforcement agencies, and the Marathon County Parks, Recreation and Forestry Department shall have authority to enforce this section pursuant to§ 23.33(12), Wis. Stats.
C. 
For a violation of this chapter for which a penalty under Wis. Stats. § 23.33(13) is not specified, such violation shall be subject to § 1-2, Violations and penalties.
Fees are hereby specified in the fee schedule.