[Added 9-1-2004 (Title 8, Ch. 5, of the 1988 Code)]
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(1)
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Definitions [including Subsections (a) through (n)]
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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
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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) and (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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[Amended 6-1-2005; 6-6-2007; 4-11-2012; 7-13-2022]
A.
Speed
limit. No person shall operate any all-terrain vehicle (ATV) within
the Village of Luck at a speed in excess of 10 miles per hour. No
person may operate an all-terrain vehicle on a street within the Village
of Luck at a speed in excess of 10 miles per hour.
B.
Age of
operator. No person shall operate an ATV/UTV on any streets or alleys
in the Village unless that person operating the ATV/UTV is at least
16 years of age and in possession of a valid ATV Safety Certificate,
if born in or after 1988, or 12 to 15 years of age in possession of
a valid ATV Safety Certificate and accompanied by an adult.
C.
Designated
route. All-terrain vehicles may use:
(1)
All
roadways within the Village of Luck that are maintained by Village
personnel are approved for ATV/UTV use from 6:00 a.m. to 10:00 p.m.,
excluding State Highway 35, State Highway 48, and Main St.
D.
Seasonal
operation. All-terrain vehicles may use the streets year-round.
E.
Hours
of operation. All-terrain vehicles may be operated in the Village
of Luck from 6:00 a.m. to 10:00 p.m., unless authorized by the Chief
of Police or Chief of the Fire Department.
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 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 that 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 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 § 476-9, 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, 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 before operation of such craft or vehicle on private lands.
D.
Prohibited use of snowmobile trails. Except as provided in the definition of "motor vehicle" in Subsection B above, no person shall operate any motor vehicle other than a snowmobile on a snowmobile trail.
E.
Prohibited use of all-terrain vehicles on municipal golf course and
Village parks. All-terrain vehicles shall not be operated on any public
grounds not designated by the Village of Luck for such use, including
the municipal golf course and Village parks, unless authorized by
the Chief of Police or Chief of the Fire Department.[1]
[Added 7-13-2022]
A.
Purpose; definition.
(1)
Purpose. The purpose this chapter is to provide a means of travel
that is not only convenient and safe, but conserves resources and
protects the environment. Golf carts, if properly used, are an effective
way to travel for short distances within the Village. However, to
ensure the public safety and welfare, the operation of golf carts
must not only comply with normal regulations regarding vehicles, but
should comply with special safety regulations intended to protect
the operator and passengers in a vehicle that is primarily designed
for operation on a golf course or recreational purposes. This chapter
establishes basic, minimum standards of care to be used by the operators
of golf carts on public roads, streets and highways. Likewise, the
public safety requires that golf carts, used as a means of transportation,
must also meet certain minimum safety standards that can only be assured
through a system of registration and inspection. The registration
and inspection of golf carts is required in order to protect the public
health, safety and welfare.
B.
Operation of golf carts allowed; exceptions.
(1)
Allowed. The operation of golf carts on the public streets within
the Village in compliance with the provisions of this chapter 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.
(2)
Exceptions. The operation of golf carts is not subject to the provisions
of this chapter under the following circumstances:
(a)
The operation of golf carts at golf courses, private clubs or
on private property, with the consent of the owner.
(b)
The use of a golf cart in connection with a parade, festival
or other special event, provided the consent of the sponsor is obtained
and provided such vehicle is only used during such event.
C.
License required. No person who is between 12 to 16 years of age
and not accompanied by an adult or who does not have a valid driver's
license issued under or granted by the laws 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, temporary or otherwise, or suspended for any
reason, be considered as a valid driver's license during the
period of suspension or revocation. Persons under the age of 12 may
not operate a golf cart on village streets.
D.
Registration.
(1)
Required. No golf cart may be operated on any public street within
the Village unless the golf cart has first been registered with the
Luck Village Clerk/Luck Police Department 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
approved by the Police Department. The permit may contain a registration
number assigned for the particular golf cart and may contain an expiration
date.
(2)
Registration fee. A registration fee in the amount of $20 annually,
or such other amount as may be established and adopted by the Village
Board from time to time, as amended, shall be paid to the Village
at the time the application for registration is filed with the Luck
Village Clerk or for any renewal of the application.
(3)
Application. The application for registration shall be made to the
Luck Police Department, or to some other person designated, 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 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.
(4)
Inspection. Prior to issuing the initial registration permit or any
renewal thereof, the golf cart shall either be inspected or, in place
of inspection, the Luck Police Department may require photographs
submitted of the golf cart to determine that:
(a)
The golf cart is equipped with 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 chapter.
(f)
All existing manufacturer lights are in working order, or a
minimum of one headlight/taillight installed so as to not conflict
with oncoming traffics vision if driven not during daylight hours.
(5)
Denial and revocation. The initial registration of a golf cart may
be denied or subsequently revoked by the Luck Village Clerk/Luck Police
Department if it is determined that:
(a)
The application contains any material misrepresentation;
(b)
The golf cart is not in compliance with the requirements set
out above;
(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 removed; or
(e)
Other good cause shown including repeated violations of this
chapter.
(6)
Disqualified vehicles. ATVs, four-wheel utility vehicles and other
similar utility vehicles which are not manufactured for operation
on a golf course and golf carts which have been modified so that it
longer meets the definition of a golf cart may not be registered as
a golf cart nor shall such vehicles be operated on the public roads
within the Village unless such vehicles are otherwise registered with
and allowed under the motor vehicle laws of the State of Wisconsin.
E.
Manner of operation. Golf carts shall not be operated on the public
streets of the Village, except in full compliance with the provisions
of this section.
(1)
Hours of operation. Golf carts may be driven on approved public streets
from 6:00 a.m. to 10:00 p.m. Golf carts may not be operated when fog,
smog, smoke or other conditions reduce visibility so that the golf
cart is not visible for a distance of 250 feet.
(2)
Streets. Golf carts may not be operated on the Main Street or state
highways; they may be operated only on Village-owned streets.
(3)
Motor vehicles 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, or the top speed set by the manufacturer, whichever
is lesser.
(4)
Right-of-way. The operator of a golf cart shall yield the right-of-way
to overtaking motor vehicles.
(5)
Village property and sidewalks. Golf carts shall not be operated
on any sidewalk, pedestrian walkway, jogging path, greenway, park,
trail except for official police business or 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 (excluding the Luck Golf Course) except with the express
written consent of the Village Board and upon the terms and conditions
as may be set forth in such written permission, or to gain access
to a parking lot for the purpose of parking.
(6)
Golf cart capacity. The seating capacity (normally no more than four
passengers) shall not be exceeded nor shall the operator or any passenger
be permitted to stand while the golf cart is in operation.
(7)
Commercial purposes. Golf carts may not be used as a taxicab or bus
or for the commercial carrying of passengers or the hauling of freight.
(8)
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.
(9)
Towing. Golf carts may not be used for the purpose of towing another
cart, trailer, or vehicle of any kind including a person on roller
skates, skateboard or bicycle.
F.
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 or road within the Village does so at
his or her own risk and peril and assumes all liability resulting
from the operation.
G.
Violations and penalties. If any person shall violate this chapter,
he or she shall be guilty of a forfeiture and shall be fined not more
than $263.50 or such other amount as shall be set forth in the Schedule
of Fees adopted by the Village Board from time to time, except that
the owner or operator of a golf cart who shall violate a provision
regulating the parking of vehicles shall be subject to a civil penalty
in the amount set forth in the Schedule of Fees adopted by the Village
Board from time to time, including the imposition of larger civil
penalties for multiple or repeat offenses within a specified period
of time.
