[HISTORY: Adopted by the Village Board of the Village of New Glarus
1-18-2000 by Ord. No. 99-14 as Title 10, Ch. 4 of the 2000 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 highway [including Subsections (a) through (e)]
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23.33(5)(a)(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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No person shall operate an all-terrain vehicle within the Village, except
on an all-terrain vehicle route established by resolution of the Village Board.
No person shall operate any all-terrain vehicle within the Village of New
Glarus at a speed in excess of 10 miles per hour. No person may operate an
all-terrain vehicle on the designated access route within the Village of New
Glarus at a speed in excess of five miles per hour.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, forfeit not more than $500, together with the costs of prosecution, and, in default of payment thereof, may be imprisoned in the county jail for a period not to exceed 10 days, provided that no person shall forfeit an amount in excess of the maximum fine or forfeiture allowed in the Wisconsin Statutes for the same offense, and further provided that the penalty and forfeiture for all-terrain vehicle and off-road vehicle operation by owners and operators shall be the amount applicable to such violations by owners or operators of such vehicles under Chapter 288, Vehicles and Traffic, of this Code.
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
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.
(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 authorized areas pursuant to §§ 253-9 and 292-2, 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, or parking lots or on any public lands or private lands or parking lots held open to the public. The operator shall at all times have the consent of the owner in writing before operation of such licensed or unlicensed craft or vehicle on private lands.
