City of Lake Mills, WI Chapter 609 Vehicles, All-Terrain

[Adopted by the City Council of the City of Lake Mills 6-3-1997 by Ord. No. 769B (Title 6, Ch. 6, of the 2009 Code of Ordinances). Amendments noted where applicable.]

§ 609-1 Definition.

As used in this chapter, the definition of an "all-terrain vehicle," and all other definitions set forth in § 23.33(1), Wis. Stats., are incorporated herein by reference.

§ 609-2 Adoption of state statutes.

The provisions of § 23.33, Wis. Stats., are incorporated herein by reference, as the same exist as of the adoption of this chapter, or as the same be amended from time to time. These provisions relate to the registration, rules of operation, age restrictions, equipment requirements and accident reporting requirements as set forth in § 23.33, Wis. Stats.

§ 609-3 Enforcement; violations and penalties.

Any person violating any provision of this chapter shall be subject to the issuance of a citation in conformance with § 23.54, Wis. Stats., and the deposit schedule adopted and revised by the Wisconsin Judicial Conference. Upon conviction of any violation under this chapter, a forfeiture, penalties and costs as set forth in § 23.33(13), Wis. Stats., exclusive of penalties requiring imprisonment, may be imposed by the court.

§ 609-4 Designation and authorization of routes.

[Added 10-4-2022 by Ord. No. 1238A; amended 4-4-2023 by Ord. No. 1254]

A. Except as otherwise specifically provided in § 23.33, Wis. Stats., and Jefferson County Ordinance No. 2021-01, and subject to the conditions and limitations hereinafter set forth:

(1) Under § 23.33(8)(b)(2), Wis. Stats., the City of Lake Mills designates all City-maintained roads, streets, and highways, including any City-maintained parking lots, except connecting highways, as all-terrain vehicle (ATV) and utility terrain vehicle (UTV) routes, except as otherwise posted; and

(2) Under § 23.33(11)(am)(4), Wis. Stats., the City of Lake Mills authorizes the operation of ATVs and UTVs on all state, connecting and county highways with a posted speed limit of 35 MPH or less within the territorial boundaries of the City of Lake Mills, except as otherwise posted.

B. The City of Lake Mills Police Chief shall have the authority to temporarily suspend operation on any City route or segment thereof due to hazards, construction, emergency conditions, road damage or any other condition deemed appropriate for public safety.

§ 609-5 Route signs.

[Added 10-4-2022 by Ord. No. 1238A]

A. All ATV/UTV routes are to be signed pursuant to § 23.33(8)(e)(3) and (4), Wis. Stats.

B. All ATV/UTV routes shall be marked with uniform ATV and UTV route signs in accordance with § NR 64.12(7), Wis. Adm. Code.

C. Pursuant to § 23.33(8)(f), Wis. Stats., no person may do any of the following in regard to signs marking City ATV/UTV routes:

(1) Intentionally remove, damage, deface, move, or obstruct any ATV/UTV route or trail sign if the sign is legally placed by the state or any municipal or local government or duly authorized personnel of such state and local or municipal governments.

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

§ 609-6 Operation.

[Added 10-4-2022 by Ord. No. 1238A]

A. Operation of ATVs/UTVs pursuant to this chapter shall be in accordance with all municipal, county, state and federal laws and regulations.

B. Persons operating an ATV or UTV on an ATV/UTV route within the City of Lake Mills pursuant to this chapter must be at least 16 years of age and hold a valid driver's license. A probationary license is acceptable for the purposes of this section.

C. ATVs/UTVs shall be operated on the extreme right side of the roadway unless making a left turn. Operation of ATVs/UTVs within bicycle lanes is prohibited.

D. ATVs/UTVs may be operated on paved surfaces only unless yielding the right-of-way.

E. ATV/UTV operators are required to have applicable liability insurance.

F. ATVs/UTVs shall not be operated at a speed greater than the posted speed limit with a maximum speed of 35 mph.

G. ATVs/UTVs may not be operated on any ATV/UTV route without fully functioning headlights, taillights, and brake lights. Use of additional light bars or lighting is not allowed.

H. ATVs/UTVs may not be operated on any ATV/UTV route between the hours of 10:00 p.m. and 5:00 a.m.

I. All ATVs and UTVs must display current Wisconsin registration decals and rear registration plates.

J. No person under the age of 18 may operate or be a passenger in an ATV/UTV on an ATV/UTV route without wearing a helmet.

K. All ATVs/UTVs shall be operated in single file.

L. No ATV/UTV may be operated on any ATV/UTV route if the vehicle does not meet all applicable federal and state noise and pollution standards. No modified exhausts are allowed.

§ 609-7 Enforcement; violations and penalties.

[Added 10-4-2022 by Ord. No. 1238A]

A. Pursuant to § 23.33(12), Wis. Stats., this chapter shall be enforced by any law enforcement officer authorized to enforce the laws of the City of Lake Mills.

B. The penalties for violating provisions of this chapter are set forth in § 23.33(13)(a), Wis. Stats., and are incorporated herein by reference.

§ 609-8 Agricultural use.

[Added 10-4-2022 by Ord. No. 1238A]

A. ATVs and UTVs legally registered for private agricultural use are exempt from this chapter.

B. ATVs and UTVs legally registered for private agricultural use are subject to the laws and regulations of Chs. 23.33 and 23.335, Wis. Stats., and Chs. NR 64 and NR 65, Wis. Adm. Code.

§ 609-9 Cost.

[Added 10-4-2022 by Ord. No. 1238A]

A. The cost of the ATV/UTV route signs, installation, and maintenance will be paid for by Quad County Runners Inc. or any successor organization or group. Within 30 days of the passage of this chapter, Quad County Runners Inc. will coordinate with the Director of Public Works of the City of Lake Mills to determine the location of the ATV/UTV route signs to be installed at all designated points as required by this chapter and any applicable county or state laws and regulations.

B. The City of Lake Mills will be responsible for the installation of ATV/UTV route signs in accordance with the provisions of this chapter. Quad County Runners, Inc., or its successor organization or group, will be responsible for reimbursing the City of Lake Mills for ATV and UTV route sign installation.

[Amended 4-4-2023 by Ord. No. 1254]

C. ATV/UTV route signs shall be dedicated to the City of Lake Mills and become the property of the City of Lake Mills upon installation.

D. The City of Lake Mills reserves the right to send an invoice to Quad County Runners Inc. or its successor organization for reimbursement of costs to the City for any ATV/UTV route sign replacement or maintenance.

§ 609-10 Mandatory ordinance review.

[Added 10-4-2022 by Ord. No. 1238A]

The City Manager shall direct staff review of this chapter by no later than April 2024, giving due consideration to the recreation and economic values to access businesses and residences weighted against possible dangers, public health, public safety, liability aspects, terrain involved, traffic safety and other traffic risks since the enactment of this chapter to make findings whether or not the benefits of continuing this chapter outweigh repealing or amending this chapter. The review shall include but not be limited to evaluation by the Departments of Public Works, Police, Facilities and Grounds, and Finance. Results of the review and findings shall be forwarded to the City Council no later than the date of the first regular City Council meeting in June 2024.