A.
Findings. [1]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.
[1]
Editor's Note: Original Sec. 10-4-1, State all-terrain vehicle
laws adopted, which preceded this section, was repealed 3-13-2013.
B.
OFF-ROAD
OPERATION
MOTOR VEHICLE
(1)
(2)
(3)
UNAUTHORIZED
Definitions. For purposes of this section, the terms below shall
be defined as follows:
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
Any vehicle which is self-propelled and shall include but
not be limited to automobiles, trucks, jeeps, vans, motorcycles, motorbikes,
go-carts, 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.
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-cart, 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.
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 motorcycles, off-the-road trail
bikes and motorized bicycles.
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 and all
other vehicles not registered pursuant to Ch. 341, Wis. Stats., but
not snowmobiles.
B.
Operation of minibikes and self-propelled vehicles. No person shall
operate a minibike or self-propelled vehicle in the Village of Baldwin
in the following manner:
(1)
At a rate of speed that is unreasonable or imprudent under the circumstances.
(2)
In any careless way so as to endanger the person or property of another.
(3)
While under the influence of intoxicating liquor, fermented malt
beverages, narcotics or other controlled substances.
(4)
In such a way that the exhaust of the motor makes an excessive or
unusual noise.
(5)
Without a functioning muffler.
(6)
Upon any public highway, street or alley, or upon any sidewalk or parkway in the Village of Baldwin unless such vehicle is registered as required by Ch. 341, Wis. Stats., and its operation and operator are specifically permitted to operate the said vehicle by the Wisconsin Statutes or by Chapter 497, Snowmobiles and All-Terrain Vehicles, of this Code.
(7)
Upon any slide, ski or skating area, except for the purposes of serving
the area or crossing the places where marked.
(8)
Upon any lands owned, operated or leased by the Village of Baldwin.
(9)
Upon a cemetery, burial ground, school or church property, without
the express consent of the owner.
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.
