[HISTORY: Adopted by the Board of Supervisors of Adams County as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-5-2021 by Ord. No. 18-2021[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 347, Vehicles, All-Terrain, which consisted of Art. I, General Regulations, adopted 5-21-2002 by Ord. No. 20-2002, as amended, and Art. II, Highway Crossings and Routes, adopted 3-21-2017 by Ord. No. 06-2017.
A. 
Intent. The intent of this article is to promote the safe use of all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) in Adams County and designate a limited number of ATV/UTV routes upon Adams County highways. Following due consideration of the economic benefit of ATV/UTV routes and weighted against possible dangers, public health, liability considerations, terrain involved, traffic density and history of automobile traffic, the Adams County Board is satisfied that no other practical options exist and this article has been adopted.
B. 
Statutory authority.
(1) 
This article is enacted under the authority of Wis. Stats., § 23.33(8) and (11), and Wis. Stats., § 59.02.
(2) 
The provisions of Wis. Stats., § 23.33, Wis. Admin. Code, Ch. NR 64, and Wis. Stats., Chapters 340 to 348, establishing definitions and regulations with respect to ATVs and UTVs, and their successors, are hereby incorporated and made part hereof by reference as if set forth fully herein. In the event of any conflict between the provisions of this article and any applicable state law, the state law shall control.
C. 
Repeal and replacement of prior ordinances. This article shall repeal and replace prior Adams County ordinances related to the operation and regulation of ATVs and UTVs, including Chapter 347 of the Adams County Code of Ordinances.
A. 
Designation of ATV/UTV routes.
(1) 
Pursuant to Wis. Stats., § 23.33(8), the Adams County Highway Committee may designate highways under Adams County's jurisdiction as ATV/UTV routes. Any modification to a designated route shall be approved by the Highway Committee. A copy of those ATV/UTV routes, along with a map showing their location, shall be kept on file at the Highway Department. The Adams County Highway Department shall retain sole authority to close or terminate any ATV/UTV route.
(2) 
Each municipality, or its designee, shall maintain all route signs within their township. All ATV/UTV routes shall be signed in accordance with Wis. Stats., § 23.33(8), and §§ NR 64.12 and NR 64.14(6)(c), Wis. Admin. Code.
(3) 
A list of all routes within Adams County designated for ATV/UTV use is attached and incorporated herein.[1]
[1]
Editor's Note: Said list is on file in the County offices.
B. 
Operation of ATVs/UTVs. Pursuant to Wis. Stats., § 23.33(4)(d)4, except as otherwise provided in Wis. Stats., § 23.33(4), no person may operate an ATV/UTV on the roadway portion of any Adams County highway in Adams County except on roadways that are designated as ATV/UTV routes pursuant to this article. Operation of ATVs/UTVs on a roadway in Adams County that is an ATV/UTV route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway that is safe given prevailing conditions.
C. 
ATV/UTV route applications.
(1) 
Adams County may consider applications for new or modified ATV/UTV routes submitted by a local municipality within Adams County. Any application for a new or modified ATV/UTV route must be accompanied by a $150 application fee.
(2) 
The following process shall be followed when considering applications for new or modified ATV/UTV routes:
(a) 
The application form for a new or modified ATV/UTV route, which shall be provided by Adams County, must be completed and approved by a municipality within their township. Once approved by the municipality, the application shall be forwarded to the Adams County Highway Department.
(b) 
Upon receipt of an application and resolution approved by a municipality, the Adams County Highway Department shall determine whether the application qualifies for further consideration. In determining whether an application qualifies for further consideration, the Highway Department shall consider the following list of criteria:
[1] 
Whether the application was submitted complete with a route map;
[2] 
Whether alternate routes have been investigated, including reasonable detours of five miles or less that do not require use of Adams County highways;
[3] 
Whether the proposed route has average daily traffic less than 1,500 vehicles per day;
[4] 
The length of the requested route;
[5] 
Safety considerations;
[6] 
Input from the Adams County Sheriff's Office;
[7] 
Any other consideration deemed relevant by the Highway Department.
(c) 
If the Highway Department determines that the application qualifies for further consideration, then the Highway Department shall forward the application to the Adams County Highway Committee. If the Highway Department determines that the application does not qualify for further consideration, then the Department shall explain, in writing, to the applicant why the application does not qualify for further consideration.
(d) 
Upon receipt of an application from the Highway Department, the Highway Committee shall determine whether to accept the application by weighing public input, economic and recreational considerations, and any other relevant consideration against public dangers, public health, potential liability, terrain involved, traffic density, and any other relevant consideration.
(e) 
If the Highway Committee approves the application, then an ordinance describing the new or modified ATV/UTV route shall be drafted and submitted to the Adams County Board of Supervisors for approval. If approved by the Board of Supervisors, the Adams County Clerk shall forward a copy of the route ordinance to the Department of Natural Resources and to law enforcement agencies having jurisdiction over the route.
(f) 
If at any point in the process an application is denied, then the applicant may attempt to remedy the deficiencies that caused the denial and re-apply.
(g) 
The Adams County Highway Department, as the authority responsible for maintaining highways designated as ATV/UTV routes, shall have oversight over the installation of signage that complies with Wis. Stats., § 23.33, and Wis. Admin. Code, Chapter NR 64. All costs associated with signage, installation, and removal shall be borne by the municipality that submitted the application. In addition, all maintenance costs associated with an ATV/UTV route that arise due to ATV/UTV traffic or damage shall be paid by the municipality that applied for that route.
D. 
ATV/UTV route closure. The Adams County Highway Commissioner shall have authority to temporarily or permanently close ATV/UTV routes for safety, maintenance, or other appropriate reasons. Such closures shall be subject to review and final determination by the Highway Committee. The Highway Department shall erect temporary signs indicating the route closure. The Highway Department shall entirely remove signage if the designated route is permanently closed.
A. 
Operation on designated routes. No person may operate an ATV/UTV on any part of Adams County roadways except those portions of Adams County roadways that are designated as ATV/UTV routes and in accordance with the provisions of applicable statutes and this article.
B. 
Conditions on use and operation of ATVs/UTVs. Operation of ATVs/UTVs shall be subject to all provisions of § 23.33, Wis. Stats. In addition, the operation of ATVs/UTVs on routes designated by Adams County for such operation shall be subject to the following conditions and restrictions for both operators and passengers of ATVs/UTVs, as applicable:
(1) 
All ATV/UTV operators and passengers shall wear a seat belt if originally equipped.
(2) 
No individual shall operate an ATV/UTV on any designated route within Adams County during the time period between 12:00 midnight to 6:00 a.m.
(3) 
Every person who operates an ATV/UTV on designated routes must have in their immediate possession a valid motor vehicle operator's license and shall display the license upon demand from any law enforcement officer or official as described in Wis. Stats., § 23.33(12). In addition, operators born on or after January 1, 1988, shall also have in their possession the ATV/UTV safety certificate. Notwithstanding the foregoing, a valid motor vehicle operator's license will not be required on Adams County Highway Z between Bighorn Drive and Bighorn Avenue to allow for a free flow of ATV/UTV traffic out of the ATV/UTV campground at Petenwell Park.
(4) 
Every person who operates an ATV/UTV on a designated route shall carry liability and/or other insurance.
(5) 
No person operating an ATV/UTV shall engage in the practice of cruising on a designated route. For purposes of this article, "cruising" means driving an ATV/UTV back and forth on all or part of the length of a roadway multiple times per day for any purpose other than departing or arriving at a residence or place of lodging, or arriving or departing at a public boat landing.
(6) 
No person shall operate an ATV/UTV in a manner that results in unreasonable or excessive noise or smoke being emitted from the ATV/UTV.
(7) 
Consistent with Wis. Stats., § 23.33(4c), no person shall operate an ATV/UTV while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of the ATV/UTV. Notwithstanding the preceding sentence, under no circumstances shall an individual operate an ATV/UTV while the individual has a blood alcohol concentration (BAC) of 0.08 or more. No operator or passenger of an ATV/UTV under the age of 21 shall have a BAC higher than 0.00. No operator or passenger of an ATV/UTV shall have an open intoxicant within their immediate possession.
(8) 
Consistent with Wis. Stats., § 23.33(4c)(a)1(2m), no operator or passenger of an ATV/UTV shall have a detectable amount of a restricted controlled substance in his or her blood.
(9) 
No person shall operate an ATV/UTV in violation of any posted regulatory sign.
A. 
This article shall be enforced by the Adams County Sheriff's Department or as otherwise permitted by Wis. Stats., § 23.33.
B. 
Penalties.
(1) 
The penalties as set forth in Wis. Stats., § 23.33(13), are adopted by reference and incorporated herein.
(2) 
The penalty for violation of any ordinance shall be a forfeiture as hereinafter provided, together with costs under Wis. Stats., § 814.63(1) and (2), or Wis. Stats., § 814.65(1), the penalty assessment for moving traffic violations and the driver improvement surcharge imposed by Wis. Stats., § 757.05, and Wis. Stats., § 346.655, and the jail assessment imposed by Wis. Stats., § 302.46(1).
(3) 
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.
(4) 
Nothing herein shall preclude or affect the power of 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.
If any provision of this article or its application to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
This article becomes effective upon passage, publication, and posting of signs. The Adams County Clerk shall send a copy of the article to the Adams County Sheriff, the Department of Natural Resources, and to the state traffic patrol.
[Adopted 4-20-2021 by Ord. No. 20-2021]
A. 
Intent. The intent of this article is to promote the safe use of all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) within Adams County on designated ATV/UTV trails. This article does not cover the ATV/UTV routes upon Adams County highways which are governed by Ordinance No. 18-2021.[1]
[1]
Editor's Note: See Article I of this chapter.
B. 
Statutory authority.
(1) 
This article is enacted under the authority of Wis. Stats., § 23.33(8) and (11), and Wis. Stats., § 59.02.
(2) 
The provisions of Wis. Stats., § 23.33, Wis. Admin. Code, Ch. NR 64, and Wis. Stats., Chapters 340 to 348, establishing definitions and regulations with respect to ATVs and UTVs, and their successors, are hereby incorporated and made part hereof by reference as if set forth fully herein. In the event of any conflict between the provisions of this article and any applicable state law, the state law shall control.
C. 
Trails Coordinator. The Trails Coordinator is the person so designated by resolution to act on behalf of the Adams County Board of Supervisors under the direction of the Adams County Property and Recreation Committee to submit applications to the State of Wisconsin Department of Natural Resources for any financial aid that is made available and to sign documents and to take necessary action to undertake, direct, and complete any Adams County trails plans with regard to the safety and welfare of all trail users.
Pursuant to Wis. Stats., § 23.33(8)(c), the Adams County Property and Recreation Committee may designate ATV/UTV trails through land under Adams County's jurisdiction. A copy of those ATV/UTV trails, along with a map showing their location, shall be kept on file by the Adams County Trails Coordinator. The Adams County Trails Coordinator shall retain sole authority to close or terminate any ATV/UTV trail. No person shall operate any ATV/UTV on any trail that has been closed by the Adams County Trails Coordinator.
Pursuant to Wis. Stats., § 23.33(8)(c), the Adams County Property and Recreation Committee may allow use of designated trails through land under Adams County's jurisdiction. Official opening and closing of ATV/UTV trails will be no earlier than May 1 and no later than October 31 annually and be published on the Adams County government's web page under the Parks and Recreation section. All dates are subject to change at the County Trails Coordinator's discretion when safe operations or trail use is unattainable. No person shall operate any ATV/UTV on any trail prior to its official opening or closure by the Adams County Trails Coordinator.
A. 
The penalties, as set forth in Wis. Stats., § 23.33(13), are adopted by reference and incorporated herein.
B. 
The penalty for violation of any ordinance shall be a forfeiture as hereinafter provided, together with costs under Wis. Stats., § 814.63(1) and (2), or Wis. Stats., § 814.65(1), the penalty assessment for moving traffic violations and the driver improvement surcharge imposed by Wis. Stats., § 757.05, and Wis. Stats., § 346.655, and the jail assessment imposed by Wis. Stats., § 302.46(1).
C. 
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 court costs, 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.
D. 
Nothing herein shall preclude or affect the power of 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.
If any provision of this article or its application to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
This article becomes effective upon passage and publication. The Adams County Clerk shall send a copy of the article to the Adams County Sheriff and the Department of Natural Resources.