[Added 10-5-2016; amended 12-5-2018]
[1]
Editor's Note: See also the Lafayette County All-Terrain Vehicle and Utility-Terrain Vehicle (ATV/UTV) Route Ordinance, included as an attachment to this chapter.
The Village of Argyle, Lafayette County, Wisconsin, adopts the following all-terrain vehicle (ATV) and utility terrain vehicle (UTV) article for the operation of ATVs and UTVs upon the roadways and public lands of the Village of Argyle, as set forth herein. 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 article has been created. For purposes of this article, "ATV" and "UTV" shall mean all-terrain vehicle and utility terrain vehicle.
The routes and trails created herein are made pursuant to the Village of Argyle's authority as authorized by § 23.33(8), Wis. Stats., Section 23. 33, Wis. Stats., is adopted by reference, including any future amendments and/or replacements. The designation of any bridge 1,000 feet or less in length as referenced in § 541-16 is made pursuant to §§ 23.33(4)(d)3b and (11)(am)3, Wis. Stats.[1]
[1]
Editor's Note: See also § 541-18, Operation on bridge.
A. 
The ATV/UTV route as previously designated in §§ 541-14 to 541-20 is hereby reaffirmed and is restated as follows:
(1) 
State Trunk Highway 78 (State Street) from the north Village corporate limits (Valley Road) to Park Avenue.
(2) 
Park Avenue, from State Street to Broad Street.
(3) 
Broad Street, from Park Avenue to Mill Street.
(4) 
Mill Street, from Broad Street to South Street.
(5) 
South Street, from Mill Street to Milwaukee Street.
(6) 
State Trunk Highway 78-81 (Milwaukee Street), from South Street to Railroad Street, which includes the bridge over the Pecatonica River.
B. 
Additional designated routes and trails.
(1) 
In addition to the routes described in § 541-16A hereof, all other public streets and public alleys located within the corporate limits of the Village of Argyle are designated as ATV/UTV routes, except the following:
(a) 
Those portions of State Highways 78 and 81 within the corporate limits of the Village of Argyle, other than as designated in § 541-16A.
(b) 
Park Avenue from Broad Street to Breeze Terrace and from Breeze Terrace to North Street.
(c) 
River Street from Mill Street to Milwaukee Street.
(d) 
State Street from Grant Street to Monroe Street.
(e) 
Milwaukee Street from South Street to Broad Street.
(2) 
Such trails as may be designated by the Village Board by amendment hereto.
C. 
In addition to that portion of State Highways 78 and 81 designated as an ATV/UTV route in § 541-16A hereof, and pursuant to § 23.33(11), Wis. Stats., ATV/UTV users are hereby authorized to operate on the remaining portions of State Highways 78 and 81 within the corporate limits of the Village of Argyle, except those areas not permitted as designated in § 541-16B hereof.
As a condition for the use of the routes, authorized portions of State Highways 78 and 81, and designated trails, the following conditions shall apply to all operators and passengers of ATV/UTVs where applicable:
A. 
An ATV/UTV shall be operated on any routes, authorized portions of State Highways 78 and 81, and designated trails at a speed not to exceed 10 miles per hour, unless a lower speed limit is posted.
B. 
No ATV/UTV shall be operated on any designated routes, authorized portions of State Highways 78 and 81, and designated trails within the corporate limits of the Village of Argyle without fully functional headlights, taillights, and brake lights. Headlights and taillights must be lighted while operated on the designated route.
C. 
ATVs/UTVs shall be operated on that portion of the paved surface of the routes, authorized portions of State Highways 78 and 81, and designated trails, unless otherwise designated by the appropriate sign or signs as controlled by the Village of Argyle. The area of operation shall be the outermost five feet of the shoulder or, in situations where no delineated shoulder exists, then on the outermost right side of the roadway, in the area normally used for vehicular traffic. No ATV/UTV shall be operated on any sidewalk or pedestrian way within the Village of Argyle.
D. 
Operation of an ATV/UTV on the routes, authorized portions of State Highways 78 and 81, and designated trails shall only be between 7:00 a.m. and 11:00 p.m., Central Standard Time, of each day, seven days a week, unless designated otherwise by the Village Board for the Village of Argyle.
E. 
No ATV/UTV may be operated on the routes, authorized portions of State Highways 78 and 81, and designated trails that does not meet all applicable noise, registration and other equipment requirements as stated in the Wisconsin Statutes, Wisconsin Administrative Code, applicable federal laws, and the Municipal Code of the Village of Argyle.
F. 
All ATV/UTV operators shall ride single file with the direction and flow used for vehicular traffic.
G. 
All ATV/UTV routes, authorized portions of State Highways 78 and 81, and designated trails shall be properly signed in accordance with § NR 64.12 in order to be open to ATV/UTV use.
(1) 
All such signs shall be those approved by the Wisconsin Department of Transportation in cooperation with Wisconsin Department of Natural Resources.
(2) 
All such signs shall be installed by the Lafayette County Highway Department or a licensed contractor approved by the Village.
(3) 
No sign shall be mounted on any existing Lafayette County or State of Wisconsin sign post.
(4) 
No person may erect, remove, obscure, or deface any officially designated sign on any routes, authorized portions of State Highways 78 and 81, and designated trails unless authorized by the Village Board of the Village of Argyle, or its authorized agent.
(5) 
No person may operate an ATV/UTV contrary to any authorized and official posted sign.
(6) 
The Village of Argyle reserves the right to post appropriate signs in the appropriated locations in accordance with § 23.33(8)(e)3, 4, and 5, Wis. Stats.
H. 
All persons who operate an ATV or UTV on the routes, authorized portions of State Highways 78 and 81, and designated trails shall be of 16 years of age or older and possess a valid driver's license of the state to which they are a legal resident. No person under the age of 18 years of age may operate an ATV/UTV on any routes, authorized portions of State Highways 78 and 81, and designated trails unless wearing approved protective head gear.
I. 
It shall be unlawful for any person to possess an open intoxicant container while operating, or as a passenger on, any ATV/UTV on any routes, authorized portions of State Highways 78 and 81, and designated trails within the corporate limits of the Village of Argyle.
J. 
No person may operate an ATV or UTV on the routes, authorized portions of State Highways 78 and 81, and designated trails without the operator having personal liability insurance for such operation in an amount not less than $100,000 per person, no less than $300,000 per accident, and no less than $100,000 for property damage and shall have on his or her person proof of such insurance, which shall be displayed upon demand by any law enforcement officer.
Any ATV or UTV operated on a bridge pursuant to this article shall comply as follows:
A. 
Cross the bridge in the most direct manner practicable and at a place where no obstruction prevents a quick and safe crossing.
B. 
Stay as far to the right of the roadway or shoulder as practicable.
C. 
Stop the vehicle prior to crossing the bridge.
D. 
Yield the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway or shoulder.
E. 
Exit the highway as quickly and safely as practicable after crossing the bridge.
A. 
The provisions of this Article III shall apply to the areas designated in §§ 541-16 and 541-18. The provisions of this Article III shall be enforced by the Argyle Police Department. Nothing contained herein shall prevent any other law enforcement agency, including the Wisconsin Department of Natural Resources, from enforcing the provisions of this Article III.
B. 
Adoption of this Article III shall not prohibit any law enforcement officer or DNR warden from proceeding under any other ordinance, regulation, statute, law or order that pertains to the subject matter addressed in this Article III.
The provisions of § 23.33(13) Wis. Stats., regarding penalties, except any penalty for imprisonment, are hereby adopted by reference, including any future amendments or replacements, and shall apply to any violation of this Article III.
The provisions of this Article III shall be deemed severable, and it is expressly declared that the Village of Argyle would have passed the other provisions of this article irrespective of whether or not one or more provisions may be declared invalid. If any provision of this Article III or the application to any person or circumstances is held invalid, the remainder of this Article III and the application of such provision to other persons or circumstances shall not be deemed affected.