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 [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) 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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No person shall operate any all-terrain vehicle within the Village
of Clayton at a speed in excess of 10 miles per hour. No person may
operate an all-terrain vehicle on a designated access route within
the Village of Clayton at a speed in excess of five miles per hour.
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 § 417-9,
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.
