[HISTORY: Adopted by the Village Board of the Village of
Allouez as Ch. 423 of the Village Code. Amendments noted where applicable.]
A.
The statutory
provisions describing and defining regulations with respect to all-terrain
vehicles in the following enumerated sections of the Wisconsin Statutes,
exclusive of any provisions therein relating to the penalties to be
imposed or the punishment for violation of said statutes, and including
the Wisconsin Statutes therein referred to, are hereby adopted and
by reference made a part of this chapter as if fully set forth herein.
Any act required to be performed or prohibited by any statute incorporated
herein by reference is required or prohibited by this chapter.
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(1)
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23.33(1)
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Definitions
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(2)
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23.33(2)(a)
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Registration requirement
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(3)
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23.33(2)(b)
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Registration exemptions
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(4)
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23.33(3)
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Rules of operation
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(5)
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23.33(4)
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Operation on or near highways
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(6)
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23.33(4c)
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Intoxicated operation of an all-terrain vehicle
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(7)
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23.33(4g)
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Preliminary breath screening test
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(8)
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23.33(4j)
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Applicability of the intoxicated operation of an all-terrain
vehicle law
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(9)
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23.33(4L)
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Implied consent
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(10)
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23.33(4p)
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Chemical tests
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(11)
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23.33(4t)
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Report arrest to department
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(12)
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23.33(5)
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Age restrictions; safety certification program
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(13)
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23.33(6)
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Equipment requirements
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(14)
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23.33(7)
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Accidents
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(15)
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23.33(12)
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Enforcement
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B.
Penalties.
(2)
Except as provided under Subsection B(3), a person who violates § 23.33(4c)(a)1 or 2 or (4p)(e) and who within five years prior to receiving a citation for the then current violation was convicted under the state intoxicated operation of an all-terrain vehicle law, or the state refusal law, or this chapter, shall forfeit not less than $300 nor more than $1,000.
(3)
Any person who violates § 23.33(4c)(a)1 or 2 or (4p)(e)
and who within five years prior to receiving a citation for the then
current violation was convicted two or more times under the state
intoxicated operation of an all-terrain vehicle law, or the state
refusal law, or this chapter, shall forfeit not less than $600 nor
more than $2,000.
C.
A person who violates § 23.33(4c)(b) shall forfeit not
less than $300 nor more than $2,000.
D.
In determining the number of previous convictions under Subsection B(2) and (3), convictions arising out of the same incident or occurrence shall be counted as one previous conviction. Whenever a person is convicted of violation of this chapter, the Clerk of the Municipal Court or the Municipal Judge shall forward to the Department of Natural Resources the record of such conviction and such record shall state whether the offender was involved in an accident at the time of the offense.[3]
E.
In addition to any other penalty or order, a person who violates
§ 23.33(4c)(a) or (b) or (4p)(e) or who violates § 940.09
or 940.25, Wis. Stats., if the violation involves the operation of
an all-terrain vehicle, shall be ordered by the court to submit to
and comply with an assessment by an approved public treatment facility
for an examination of the person's use of alcohol or controlled
substances. The assessment order shall comply with § 343.30(1q)(c)1a
to c, Wis. Stats. Intentional failure to comply with an assessment
order under this subsection constitutes contempt of court, punishable
under Ch. 785, Wis. Stats., and other provisions of law.
