[Amended 12-5-2018]
The provisions describing and defining regulations with respect
to all-terrain vehicles and utility terrain vehicles in § 23.33,
Wis. Stats., and any future amendments or revisions, except as hereafter
stated herein, are adopted by reference and made part of this article
as if fully set forth herein. Any acts required to be performed by
this statute or which are prohibited by such statute are required
to be performed by this statute or are prohibited by this statute.
The provisions of this article shall be enforced by the Argyle Police
Department. Nothing contained herein shall prevent any other law enforcement
agency, including the Wisconsin Department of Natural Resources, from
enforcing the provisions of this article. The provisions of § 23.33(13),
Wis., Stats., regarding penalties, except any penalty for imprisonment,
are hereby adopted by reference, including any future amendments or
replacements, and shall apply to any violation of this article.
A.
Purpose.
(1)
The unauthorized off-road operation of motor vehicles has resulted
in serious damage to public and private lands including damage or
destruction of vegetation, animal life and improvement to the lands;
(2)
The unauthorized off-road operation of motor vehicles has resulted
in the permanent scarring of land and an increase in both erosion
and air pollution;
(3)
The unauthorized off-road operation of motor vehicles has resulted
in collisions and near collisions threatening the life and safety
of the operators of such vehicles as well as of other persons; and
(4)
The unauthorized off-road operation of motor vehicles has resulted
in 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
(1)
(2)
(3)
OPERATION
UNAUTHORIZED
Definitions. For purposes of this section, the terms below shall
be defined as follows:
For purposes of this section, 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, utility 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:
[Amended 12-5-2018]
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.
It is being operated by or at the direction of public employees
or utility company employees as part of their employment duties.
It is being operated 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.
Any location which:
Is not a paved or maintained public street or alley;
Is not used or maintained by the owner or lessee of land as
a driveway, parking lot or other way for motor vehicles; or
Is a private trail for use only by the owner or his/her permittees
for recreational or other vehicular use. Off-road shall not include
any creekbed, riverbed or lake; provided, however, that this subsection
shall not apply to snowmobiles or other vehicles being operated on
the ice covering such creekbed, riverbed or lake.
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 areas authorized by the Village Board, 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 written consent of the owner before operation of such craft
or vehicle on private lands.
[Amended 7-11-2012]
A.
HIGHWAY
MINIBIKE
MOTORIZED VEHICLE
SELF-PROPELLED VEHICLES
Definitions. The following definitions shall be applicable in this
section:
All public ways and thoroughfares and bridges on the same.
It includes the entire highway right-of-way width, not limited to
the actual traveled portion, but also includes the shoulders, ditches
and other areas adjacent thereto.
Any motorized vehicle primarily used for transportation or
sport, including, but not limited to, off-the-road trail bikes and
motorized bicycles.
[Amended 12-5-2018]
Any self-propelled device in, upon or by which any person
or property is or may be transported.
Any motorized vehicle primarily used for off-the-road use,
including, but not limited to, go-carts, all-terrain vehicles, utility
terrain vehicles, and all other vehicles not registered pursuant to
Chapter 341 of the Wisconsin Statutes.
[Amended 12-5-2018]
B.
Operation of minibikes and self-propelled vehicles. Except as authorized
by other provisions of this Code of Ordinances, no person shall operate
a minibike or self-propelled vehicle in the Village of Argyle.
[Amended 12-5-2018]
C.
Liability of parent or guardian. No parent or guardian of any child
under the age of 18 years shall authorize or permit such child to
violate any of the provisions of this section. Any child under the
age of 18 years who shall operate a minibike or self-propelled device
shall be presumed to be operating said vehicle under the authority
of a parent or guardian.
D.
Penalties. Any person who shall violate this section shall, upon
conviction thereof, forfeit for each offense not less than $25 nor
more than $200, together with the costs of prosecution and, in default
of payment of such forfeiture and costs of prosecution, shall be imprisoned
in the County Jail not to exceed 30 days.
[1]
Editor's Note: Former § 541-13, All-terrain vehicles
prohibited, as amended, was superseded by ordinance adopted 10-5-2016.
