Village of Brandon, WI Chapter 437 Vehicles, All-Terrain and Off-Road

[HISTORY: Adopted by the Village Board of the Village of Brandon as indicated in article histories. Amendments noted where applicable.]

Article I Applicability of State Laws; Unauthorized Operation

[Adopted 12-14-1998 as Title 10, Ch. 4, of the 1998 Code]

§ 437-1 State all-terrain vehicle laws adopted.

[Amended 5-11-2015 by Ord. No. 2015-01]

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:

23.33(1)	Definitions [including Subsections (a) through (n)]
23.33(2)	Registration
23.33(3)	Rules of operation [including Subsections (a) through (i)]
23.33(4)	Operation on or near highways [including Subsections (a) through (e)]
23.33(5)(a) and (c)	Age restrictions
23.33(6)	Equipment requirements [including Subsections (a) through (e)]
23.33(7)	Accidents [including Subsections (a) and (b)]

§ 437-2 Unauthorized off-road operation of motor vehicles on public or private property.

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. Definitions. For purposes of this section, the terms below shall be defined as follows:

OFF-ROAD

(1) Any location which:

(a) Is not a paved or maintained public street or alley;

(b) Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or

(c) Is a private trail for use only by the owner or his/her permittees for recreational or other vehicular use.

(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.

OPERATION

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.

UNAUTHORIZED

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, 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.

§ 437-3 Minibikes and self-propelled vehicles.

A. Definitions. The following definitions shall be applicable in this section:

HIGHWAY

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.

MINIBIKE

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.

B. 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:

(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 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.

(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 Brandon.

(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.

D. 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.

[Amended 5-11-2015 by Ord. No. 2015-01]

Article II Routes and Use Regulations for All-Terrain and Utility Terrain Vehicles

[Adopted 9-14-2020 by Ord. No. 2020-02; amended in its entirety 9-13-2021 by Ord. No. 2021-04]

§ 437-4 Intent.

The Village of Brandon, Fond du Lac County, adopts the following all-terrain vehicles and utility terrain vehicles routes for the operation of said vehicles on all Village streets.[1]

[1] Editor's Note: The designated routes for operation of all-terrain and utility terrain vehicles are on file in the Village offices.

§ 437-5 Statutory authority.

These routes of Village streets are done according to Village authority under § 23.33(8)(B), Wis. Stats. The applicable provisions of § 23.33, Wis. Stats., regulating ATV and UTV operation pursuant to the routes are adopted.

§ 437-6 Conditions and restrictions.

The following conditions shall apply to all operators (and passengers) as applicable:

A. All ATV/UTV operators must carry liability insurance coverage, and such operator has in his/her immediate possession a certificate or proof of insurance covering such vehicle, which shall always be displayed.

B. ATV/UTV operation is a risk of the operator. The Village of Brandon has no liability for any damage or injury to persons, real property or personal property arising out of the operation of ATVs and UTVs on designated routes.

C. All ATVs/UTVs must be properly registered with the Department of Natural Resources (DNR) prior to operating on any routes.

D. All ATV/UTV operators shall observe posted speed limits and all other traffic signs.

E. All ATV/UTV operators shall operate on designated routes and on paved surfaces only. Operation on gravel shoulders, grassy in-slopes, ditches, or municipal parks is prohibited. ATVs/UTVs will also not be permitted on Commercial Street (between Main Street and Bowen Street), South Center Street (from Bowen Street south) and South West Street (from Bowen Street south). Exceptions may be given for special events approved by the Chief of Police or the Village President.

F. The operator of an ATV or UTV shall obey all traffic laws, local ordinances and DNR regulations.

G. All ATV and UTV operators shall ride single file and on the right-hand side of the paved surface, the same as all motor vehicles.

H. The operator of an ATV or UTV will display fully functional headlights, taillights and brake lights while operating on a roadway.

I. No person shall operate an ATV or UTV unless the operator holds a valid driver's license issued by the Wisconsin Department of Transportation.

J. ATV and UTV operators or passengers under the age of 18 years of age shall wear protective head gear as required under § 347.485(1)(a), Wis. Stats., with a chin strap securely fastened at all times of operation.

K. No person shall operate an ATV or UTV within the Village from 9:00 p.m. to 6:00 a.m.

L. Eye protection must be worn by any operator of an ATV/UTV.

M. Seatbelts must always be worn on UTVs by all persons.

N. Headlights must always be operational and visible from 200 feet and taillights must always be operational and visible from 500 feet in the hours of darkness.

O. No ATV or UTV operator or passenger shall be in possession of an open intoxicant while the ATV or UTV is in operation. No person shall operate an ATV or UTV while under the influence of an intoxicant, or a restricted controlled substance.

P. The Village of Brandon reserves the right to close or modify ATV and UTV routes within its jurisdiction at any time.

Q. No ATV/UTV may be operated on any street within the Village limits unless it conforms to all noise, registration and other equipment requirements as stated in Ch. 23, Wis. Stats., or the Municipal Code of the Village.

§ 437-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALL-TERRAIN VEHICLE or ATV

A commercially designed and manufactured motor-driven device that has a weight, without fluids, of 900 pounds or less, has a width of 50 inches or less, is equipped with a seat designed to be straddled by the operator, and travels on three or more low-pressure tires or nonprieumatic tires or as defined in § 23.33(1)(b), Wis. Stats., and any amendments thereto.

UTILITY-TERRAIN VEHICLE or UTV

Any of the following, or as defined in § 23.33(ng), Wis. Stats., and any amendments thereto:

A. A commercially designed and manufactured motor-driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, minitruck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:

(1) A weight, without fluids, of 2,000 pounds or less.

(2) Four or more low-pressure tires or nonpneumatic tires.

(3) A steering wheel.

(4) A taillight.

(5) A brakelight.

(6) Two headlights.

(7) A width of not more than 65 inches.

(8) A system of seat belts, or a similar system for retraining each occupant of the vehicle in the event of an accident.

(9) A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.

§ 437-8 Signage for ATV/UTV routes.

A. Pursuant to § 23.33(8)(d), Wis. Stats., the following restrictions are placed on the use of ATV/UTV routes designated by this article:

(1) Routes shall be marked with uniform ATV/UTV route signs in accordance with § NR 64.12(7), Wis. Adm. Code. The Village Public Works Department has sole responsibility for ATV/UTV signage on Village streets. No person may do any of the following, regarding signs marking ATV/UTV routes:

(a) Intentionally remove, damage, deface, move, or obstruct any uniform ATV/UTV route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle route or trail sign.

(b) Possess any uniform ATV/UTV route or trail sign or standard of the type established by the department for the warning, instruction or information of the public, unless obtained in a lawful manner. Possession of a uniform ATV/UTV route or trail sign or standard creates a rebuttable presumption of illegal possession.

(2) ATV/UTV operation shall be subject to all provisions of § 23.33, Wis. Stats., which is adopted by reference as a part of this article.

B. Route maintenance. Designation of segments of the Village roadways as ATV/UTV routes does not impose upon the Village Public Works Department a greater duty of care or responsibility for maintenance of those segments than for any other segment of roadway.

§ 437-9 Enforcement.

This article will be enforced by any law enforcement officer employed by the Brandon-Fairwater Police Department and County Sheriff's Department or any other law enforcement official authorized to enforce laws in the State of Wisconsin.

§ 437-10 Violations and penalties.

The penalty for any violation identified in § 23.33(13) or Chs. 340 through 347, Wis. Stats., shall be as set forth in the Wisconsin Statutes. Deposit amounts for such violations shall be as set forth in the current Revised Uniform State Traffic Deposit Schedule. The penalty for any violation of this article not addressed in § 23.33(13) or Chs. 340 through 347, Wis. Stats., shall be a forfeiture as set forth in the Brandon Village Code, together with all applicable costs, surcharges and assessments.

§ 437-11 Severability.

The provisions of this article shall be deemed severable and it is expressly declared that the Village of Brandon would have passed the other provisions of this article irrespective of whether or not one or more provisions may be declared invalid. If any provision of this article or application to any person or circumstance is held invalid, the remainder of the article and the application of such provisions to other person's circumstances shall not be deemed affected.