[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Title 10, Ch. 4, of the 1995 Code. Amendments noted where
applicable.]
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 chapter 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 chapter or are prohibited by
this chapter:
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 chapter, 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 permittees
for recreational or other vehicular use. Off-road shall not include
any creekbed, riverbed or lake; provided, however, that this subsection
shall not apply to snowmobiles or other vehicles being operated on
the ice covering such creekbed, 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 Village 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 Village 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person who shall violate any provisions of this chapter shall be subject to a penalty as provided in § 1-4, General penalty, of this Code. Forfeitures for violations of specific provisions of the Code are set forth in the Schedule of Forfeitures on file in the Village office.
