[HISTORY: Adopted by the Town Board of the
Town of Lowell as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-1-2004 (Title 10, Ch. 2, of the 2004 Code of Ordinances)]
A.
Authority.
(1)
The Town Board of the Town of Lowell has the specific
authority, powers, and duties pursuant to the statutory provisions
noted in this chapter under §§ 60.10 and 23.33., Wis.
Stats., to regulate, control, prevent and enforce against in the Town
of Lowell certain uses, activities, and operations by persons that
may affect all-terrain use and traffic in the Town of Lowell, and
has the power to designated all-terrain routes and trails by § 23.33,
Wis. Stats.
(2)
The provisions of this chapter shall apply to all
of the roadways in the Town of Lowell, Dodge County, within the jurisdiction
of the Town Board. The provisions of this chapter shall be enforced
by the Dodge County Sheriff's Department and such other officers as
may be authorized by law.
B.
Statutes adopted. 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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Applicability of rules of the road to all-terrain
vehicles. The operator of an all-terrain vehicle upon a roadway shall,
in addition to the provisions of § 23.33, Wis. Stats., be
subject to §§ 346.04, 346.06, 346.11, 346.14(1), 346.18,
346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39,
346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b), 346.51, 346.52,
346.53, 346.54, 346.55, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91,
346.92(1), and 346.94(1) and (9), Wis. Stats.
D.
Speed restriction.
(1)
The Town of Lowell has specifically adopted the Wisconsin
Statutes, including the provisions set forth at § 23.33(3)(i),
which indicates that no person may operate an all-terrain vehicle
in a manner which violates rules promulgated by the Department of
Natural Resources. The Town of Lowell specifically adopts § NR
64.07, Wis. Adm. Code, as it may be amended from time to time, including
the provisions of § NR 64.07(1)(c), Wis. Adm. Code, which
provides that no person may operate an all-terrain vehicle at a rate
that is unreasonable or improper under the circumstances.
(2)
The Town Board further finds and determines that the
all-terrain vehicle routes and trails as adopted in this chapter are
unsuitable for travel of all-terrain vehicles at speeds in excess
of 40 miles per hour.
E.
Age restrictions. While the Town Board recognizes
that restrictions with respect to operator's age in Wisconsin Statutes
may not be varied by Town ordinance, the Town of Lowell Town Board
hereby determines and suggests to the public that Town all-terrain
vehicle trails and all-terrain vehicle routes not be used by any individuals
who do not hold a valid driver's license, unless such persons are
accompanied by a parent or adult person.
F.
All-terrain vehicle routes. All Town roadways, subject
to the jurisdiction of the Town of Lowell, are designated as all-terrain
vehicle routes and are open to use when signed in accordance with § 23.33,
Wis. Stats., and § NR 64.12, Wis. Adm. Code, except such
roadways as are exempted by Town Board resolution or ordinance, and
which may be revised from time to time.
G.
Penalties.
(1)
Forfeitures for violation of this chapter as set forth
in § 23.33(13), Wis. Stats., are adopted by reference, exclusive
of any penalty for imprisonment.
(2)
The State of Wisconsin Bond Schedule for the statutory
counterparts, as it may be amended form time to time, is adopted as
the Deposit Schedule for violations of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Citation procedure as set forth in §§ 23.53
and 23.54, Wis. Stats., is adopted as the enforcement procedure for
this chapter as expressed in § 23.53, Wis. Stats.
H.
Filing. This chapter and revisions thereof shall be
filed with the Wisconsin Department of Natural Resources in the office
of the law enforcement agency of this Township having jurisdiction
over the streets and highways in accordance with statutory requirements.
A.
Purpose.
(1)
The unauthorized off-road operation of motor vehicles
has resulted in serious damage to public and private lands, including
damage or destruction of vegetation, animal life and improvement to
the lands; and
(2)
The unauthorized off-road operation of motor vehicles
has resulted in the permanent scarring of land and an increase in
both erosion and air pollution; and
(3)
The unauthorized off-road operation of motor vehicles
has resulted in collisions and near collisions threatening the life
and safety of the operators of such vehicles as well as of other persons;
and
(4)
The unauthorized off-road operation of motor vehicles
has resulted in a loss of the privacy, quietude and serenity to which
the owners and users of land are rightfully entitled.
B.
MOTOR VEHICLE
(1)
(2)
(3)
OFF-ROAD
(1)
(2)
(3)
OPERATION
UNAUTHORIZED
Definitions. For purposes of this section, the terms
below shall be defined as follows:
For purposes of this section, 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 solely for the purpose
of construction or maintenance of an improvement to land or solely
for access to construction or maintenance sites, provided such operation
is by persons having legitimate business on such lands or sites.
It is being operated by or at the direction
of public employees or utility company employees as part of their
employment duties.
It is being operated 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.
Any location which:
Is not a paved or maintained public street or alley; or
Is not used or maintained by the owner or lessee of land as
a driveway, parking lot or other way for motor vehicles; or
Is a private trail for use only by the owner or his/her permittees
for recreational or other vehicular use. Off-road shall not include
any creek bed, riverbed or lake; provided, however, that this subsection
shall not apply to snowmobiles or other vehicles being operated on
the ice covering such creek bed, riverbed or lake.
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
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 Town
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 Town streets, alleys, parks, sidewalks,
bikeways, 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.
[Adopted 2-13-2018 by Ord. No. 2018-1[1]]
[1]
Editor's Note: This ordinance also repealed Ord. No. 2016-3,
adopted 8-25-2016.
A.
The Town of Lowell, Dodge County, adopts the following all-terrain vehicle (ATV) and utility-terrain vehicle (UTV) route for the operation of all-terrain vehicles and utility-terrain vehicles upon the roadways listed in § 264-5. This article is intended to update Ordinance 2016-3, which is a prior Town ordinance on the same subject.
B.
Following due consideration of the recreational value to connect
trail opportunities and weighted against possible dangers, public
health, liability aspects, terrain involved, traffic density and history
of automobile traffic, this route(s) has been created.
This route is created pursuant to Town authority as authorized
by § 23.33(8)(b), Wis. Stats. The applicable provisions
of § 23.33, regulating ATV/UTV operation pursuant to routes,
are adopted.
A.
The following
roads are designated as routes:
(1)
All official Town roads located within the Town of Lowell, but only if the road is signed in accordance with § 23.33(8), Wisconsin Statutes. At the time of adoption of this article, the following Town roads are signed: Quamme Road, Baker Road, North and South Kohn Roads, Maiden Lane Road, Seven Hill Road, Tamarack Road, Bobolink Road, Crossbill Road and Mud Lake Road. If additional roads are signed as described in § 264-6D, below, they are included automatically within the designated routes.
As a condition for the use of this route, the following conditions
shall apply to all operators (and passengers):
A.
All ATV/UTV operators shall ride single file.
B.
These ATV/UTV routes shall have a speed limit based on posted speed
limits within the Town, and time-of-day limitations where no ATV/UTV
operation shall be allowed between the hours of 11:59 p.m. and 5:00
a.m. on Town roads.
C.
All ATV/UTV operators shall slow the vehicle to a safe speed when
operating within 100 feet of a pedestrian or horses.
D.
Routes must be signed in accordance with § NR 64.12 and § NR
64.12(7)c, Wisconsin Administrative Code. Quad County Runners will
be responsible for all costs of all ATV/UTV and speed limit signs
on all Town roads and for all costs of their proper installation and
future maintenance. No Town roads shall be signed unless Quad County
Runners first obtains the written approval of Town of Lowell Town
Board.
E.
No person may do any of the following in regard to signs marking
Town all-terrain vehicle and utility terrain vehicle routes:
(1)
Intentionally remove, damage, deface, move or obstruct any ATV/UTV
route or trail signs or intentionally interfere with the effective
operation of signs if the sign is legally placed by the state, municipality
or any authorized individual.
(2)
Possess any uniform ATV/UTV route or trail sign of the type established
for the warning, instruction or information to the public, unless
he or she obtained the route or trail sign in a lawful manner. Possession
of an ATV/UTV route or trail sign creates a rebuttable presumption
of illegal possession.
F.
Operation shall be subject to all provisions of § 23.33,
Wis. Stats., which is adopted as part of this article by reference,
pursuant to § 23.33(11), Wis. Stats.
G.
A copy of this article shall be sent to the Department of Natural
Resources, the State of Wisconsin traffic patrol, and the Dodge County
Sheriff's Department.
This article shall be enforced by any law enforcement officer
authorized to enforce the laws of the state of Wisconsin.
Wisconsin State All-Terrain Vehicle and Utility-Terrain Vehicle
penalties as found in § 23.33(13)(a), Wis. Stats., are adopted
by reference.
The several sections of this article are declared to be severable.
If any section or portion thereof shall be declared by a court of
competent jurisdiction to be invalid, unlawful or unenforceable, such
decision shall apply only to the specific section or portion thereof
directly specified in the decision, and shall not affect the validity
of any other provisions, sections or portions thereof of the article.
The remainder of the article shall remain in full force and effect.
Any other ordinances whose terms are in conflict with the provisions
of this article are hereby repealed as to those terms that conflict.
The Town of Lowell Town Board reserves the right to repeal this
article and prevent all use of ATVs and UTVs on Town of Lowell Town
roads, at any time with or without cause.
Town of Lowell Ordinance 2016-3 is hereby repealed and is replaced
by this article. The provisions of this article, to the extent that
they are substantively the same as those of the ordinances in force
immediately prior to the enactment of this article, are intended as
a continuation of such ordinances and not as new enactments, and the
effectiveness of such provisions shall date from the date of adoption
of the prior ordinances. In addition, the adoption of this article
shall not affect any action, prosecution or proceeding brought for
the enforcement of any right or liability established, accrued or
incurred under any legislative provision prior to the effective date
of this article for the time that such provision was in effect, and
the repeal of any such provisions is stayed pending the final resolution
of such actions, including appeals.
This article becomes effective upon passage by the Town Board
and posting and erection of required signs.
