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.
(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.
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.
Fees are hereby specified in the fee schedule.