[HISTORY: Adopted by the Board of Supervisors of Adams County as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-2002 by Ord. No. 20-2002]
As used in this article, the following terms shall have the meanings indicated:
- ALL-TERRAIN VEHICLE
- As defined in § 340.01(2g), Wis. Stats., 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 non-pneumatic tires.
- ALL-TERRAIN VEHICLE ROUTE
- A highway or sidewalk designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized by § 23.33, Wis. Stats.
- ALL-TERRAIN VEHICLE TRAIL
- A marked corridor on public property or on private lands subject to public easement or lease designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways that are seasonally not maintained for motor vehicle traffic.
- OFFICIAL TRAIL CLOSING
- That date and time selected and published in the official County newspaper and/or local radio station designating the approved trails closed for all-terrain vehicle use: November 1. All dates are subject to change at the Trails Coordinator's discretion after consulting with maintenance authority contracted with Adams County.
- OFFICIAL TRAIL OPENING
- That date and time selected and published in the official County newspaper and/or local radio station designating the approved trails opened for all-terrain vehicle use: May 20. All dates are subject to change at the Trails Coordinator's discretion after consulting with maintenance authority contracted with Adams County.
- OFF-ROAD VEHICLE
- Includes, but is not limited to, trail bikes, motorcycles, minibikes, airboats, and air-cushioned vehicles or golf carts, go-carts, automobiles, or trucks.
- RECREATIONAL TRAILS COORDINATOR
- The person so designated by resolution to act on behalf of Adams County Board of Supervisors, under the direction of the Adams County Administrative and Finance Committee, to submit application to the State of Wisconsin Department of Natural Resources for such financial aid as may be available and sign documents and take necessary action to undertake, direct, and complete the Adams County All-Terrain Vehicle Trails Plan with regard to the safety and welfare of all trail users.
No person shall operate an all-terrain vehicle:
On lands of another without the prior consent of the landowner.
At speeds in excess of 10 miles per hour on any portion of an approved ATV trail that is posted with a cautionary sign indicating "Slow," "Steep Hill," "Dip," "Turn," or any other cautionary sign.
On any approved ATV trail in violation of any posted regulatory sign.
On any approved ATV trail without both the headlamp and tail lamp of the vehicle illuminated.
On an approved ATV trail while such vehicle is equipped with tire chains or studded tires.
Which is not equipped with a functioning muffler to prevent excessive or unusual noise and which is not equipped with a functioning spark arrester of a type approved by the United States Forest Service.
Outside of or off the marked portion of an approved ATV trail.
No person, other than authorized maintenance or emergency personnel, shall operate any four-wheel-drive vehicle, passenger vehicle, off-road vehicle, truck, motorcycle or other vehicle which does not meet the definition of an ATV contained in § 347-1 of this article on any approved ATV trail without prior written consent of the Trails Coordinator. Landowners of the above properties are exempt; however, they must notify the County Recreational Officer (law enforcement) prior to entry on the above trail(s), thus ensuring the safety of all trail/property users.
No person shall operate any all-terrain vehicle on any approved ATV trail until officially opened by the County Trails Coordinator.
No person shall operate any all-terrain vehicle on any approved ATV trail after such trail is officially closed by the County Trails Coordinator.
Operation of all-terrain vehicles must comply with all laws in Ch. 23, Wis. Stats., and Ch. NR 64, Wis. Adm. Code.
No person shall deface, destroy, or remove any ATV sign posted on any approved trail.
No person shall park any vehicle or place any obstruction on any portion of the ATV trail.
The penalty for violation of any provision of this article shall be a forfeiture as hereinafter provided together with costs under § 814.63(1) and (2) or 814.65(1), Wis. Stats., the penalty assessment for moving traffic violations and the driver improvement surcharge imposed by §§ 757.05 and 346.655, Wis. Stats., and the jail assessment imposed by § 302.46(1), Wis. Stats.
Any person found guilty of violating this article shall be subject to a forfeiture of not less than $25 nor more than $500 for each offense, together with the costs of prosecution, restitution of property, and trail or sign damage, and in default of payment of such forfeiture and costs shall be imprisoned in the County jail until the same are paid, for a period of time not to exceed 90 days, or until otherwise discharged pursuant to law. Payment of the judgment and applicable court costs, fees, assessments, and surcharges may be suspended by the sentencing court for not more than 60 days.
Nothing herein shall preclude or affect the power to the sentencing court to exercise additional authorities granted by the Wisconsin Statutes to suspend or revoke the operating privileges of the defendant or order the defendant to submit to assessment and rehabilitation programs or to attend traffic safety school in addition to payment of a monetary penalty or in lieu of imprisonment.
Special exceptions of any section of this article may be granted by prior approval of the Adams County Administrative and Finance Committee at a public posted meeting.
[Adopted 3-21-2017 by Ord. No. 06-2017]
Except as otherwise specifically provided in this article, the statutory provisions of Ch. NR 64 (All-Terrain Vehicles), Wis. Adm. Code, and Chs. 340 to 348 (vehicles, registration, title and anti-theft, operators' licenses, financial responsibility, civil and criminal liability, rules of the road, equipment of vehicles, and vehicle size, weight and load) and Ch. 350 (Snowmobiles), Wis. Stats., and as they may be modified from time to time, are incorporated herein by reference.