[HISTORY: Adopted by the Village Board of the Village of Brandon 12-14-1998 as Title 10, Ch. 4, of the 1998 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:
Findings. 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;
The permanent scarring of land and an increase in both erosion and air pollution;
Collisions and near collisions threatening the life and safety of the operators of such vehicles as well as of other persons; and
A loss of the privacy, quietude and serenity to which the owners and users of land are rightfully entitled.
Definitions. For purposes of this section, the terms below shall be defined as follows:
- (1) Any location which:
- (2) "Off-road" shall not include any creek bed, riverbed or lake; provided, however, that this section shall not apply to snowmobiles or other vehicles being operated on the ice covering such creek bed, riverbed or lake.
- The physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
- MOTOR VEHICLE
- 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:
- (1) 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.
- (2) By or at the direction of public employees or utility company employees as part of their employment duties.
- (3) 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.
Unauthorized off-road operation prohibited.
The unauthorized off-road operation of a motor vehicle is prohibited.
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, 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 written consent of the owner before operation of such craft or vehicle on private lands.
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.
- MOTORIZED VEHICLE
- Any self-propelled device in, upon or by which any person or property is or may be transported.
- SELF-PROPELLED VEHICLE
- 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.
Operation of minibikes and self-propelled vehicles. No person shall operate a minibike or self-propelled vehicle in the Village of Brandon in the following manner:
At a rate of speed that is unreasonable or imprudent under the circumstances.
In any careless way so as to endanger the person or property of another.
While under the influence of intoxicating liquor, fermented malt beverages, narcotics or other controlled substances.
In such a way that the exhaust of the motor makes an excessive or unusual noise.
Without a functioning muffler.
Upon any public highway, street or alley, or upon any sidewalk or parkway in the Village of Brandon unless such vehicle is registered as required by Ch. 341, Wis. Stats., and its operation and operator are specifically permitted to operate said vehicle by the Wisconsin Statutes.
Upon any slide, ski or skating area, except for the purposes of serving the area or crossing the places where marked.
Upon any lands owned, operated or leased by the Village of Brandon.
Upon a cemetery, burial ground, school or church property, without the express consent of the owner.
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.
Penalties. Any person who shall violate this section shall, upon conviction thereof, forfeit for each offense not less than $50 nor more than $500, 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.