[HISTORY: Adopted by the Board of Supervisors
of Green Lake County 8-15-2017 by Ord. No. 18-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 187.
Snowmobiles — See Ch. 232.
Vehicles and traffic — See Ch. 260.
[1]
Editor's. Note: This ordinance also provided for the repeal
of former Ch. 257, Vehicles, All-Terrain, adopted 2-20-1990 by Ord.
No. 407-90.
This chapter is adopted under the authority granted by §§ 59.02
and 23.33(8)(b) and (11) Wis. Stats. and Wis. Adm. Code NR § 64.12.
This chapter shall be known as, referred to, or cited as the
"Green Lake County All-Terrain/Utility Terrain Vehicle (ATV/UTV) Ordinance."
This chapter shall regulate the operation of all all-terrain/utility-terrain
vehicles in all areas of Green Lake County.
Except as otherwise specifically provided in this chapter, the statutory provisions in Chapters 23, 340 to 348 and 350 of the Wisconsin Statutes, establishing regulations with respect to all-terrain vehicles (ATVs), utility terrain vehicles (UTVs) and Wisconsin Administrative Code Chapter NR 64, All-Terrain Vehicles, are hereby adopted by reference and made a part of this chapter as if fully set forth herein. Unless otherwise provided in this chapter, any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes or administrative codes incorporated herein are made a part of this chapter to secure uniform statewide regulation of ATVs and UTVs.
A.
The definitions of words and phrases as they appear in §§ 23.33(1),
340.01, 341.01, 342.01, 343.01, 344.01, 345.01, 346.01, 347.01 and
348.01 Wis. Stats. and Wis. Admin. Code NR § 64.02, unless
the word or phrase is defined differently in this chapter, are hereby
adopted and made a part of this chapter as if fully set forth herein.
Any future amendments, revisions or modifications of the statutes
or administrative codes incorporated herein are made a part of this
chapter to secure uniform statewide regulation of ATVs.
B.
SPONSOR
As used in this chapter, the following terms shall have the meanings
indicated:
An individual, organization, ATV or UTV club, or municipality
that submits an application to the Highway Department for the designation
of a County trunk highway as an ATV route and will pay for the costs
to make, install, and maintain ATV route signs.
The Green Lake County Highway Committee ("the Highway Committee")
is authorized to designate segments of Green Lake County trunk highways
as ATV routes, in accordance with the provisions of § 23.33
Wis. Stats., Wis. Admin. Code Ch. NR § 64, and the provisions
of this chapter. Final approval of any ATV route shall be by the County
Board of Supervisors enacting an ordinance.
A.
ATV routes and proposed routes on or across a County trunk highway
shall be investigated and monitored to ensure that the ATV route has
been authorized and that the ATV route does not adversely affect the
use of the highway or unreasonably interfere with the peaceful enjoyment
of private or public property.
B.
The consideration of a designation of a segment of a County trunk highway as an ATV route may be based upon a request for a designation by any individual, municipality, ATV or UTV club or organization that desires a route along, or a crossing over, a County trunk highway and which agrees to sponsor the ATV route as required under § 257-9.
C.
The Highway Committee shall develop policies and procedures for designation
of ATV routes.
D.
The County Board of Supervisors may rescind or modify the designation
of an ATV route by repeal of an ordinance granting final approval
of the designation or by an enactment of an ordinance modifying the
designation.
E.
The Highway Committee may temporarily modify or suspend any designation
of an ATV route.
F.
The Highway Commissioner may, without prior approval of the Highway
Committee, modify or suspend any designation of an ATV route whenever
emergency conditions require closure, up to 120 days. The Green Lake
County Sheriff may temporarily close any ATV route whenever emergency
conditions require closure.
G.
Upon County Board approval of a designated ATV route, the County
Clerk shall immediately send a copy of the ordinance designating the
ATV route to the Wisconsin Department of Natural Resources, the state
traffic patrol, the Green Lake County Sheriff and any law enforcement
agency of each town, city or village having jurisdiction over any
of the County trunk highways to which the ordinance designating the
ATV applies.
H.
The designation of any segment of a County trunk highway as an ATV
route within an incorporated municipality shall not take effect until
the governing body of the municipality has passed a resolution approving
the ATV route.
I.
The following segment(s) of the Green Lake County Trunk Highway system
are designated as ATV/UTV routes:
[Added 5-15-2018 by Ord.
No. 20-2018]
(1)
CTH B from N. Forest Street to STH 44 in the Village of Kingston.
(2)
CTH FF from CTH HH to STH 44 (Kingston) in the Town and Village of
Kingston.
(3)
CTH H from CTH FF to Indian Mound Road in the Town of Kingston.
(4)
CTH X from Winding Lane to South Gate Road in the Town of Manchester.
(5)
CTH S from STH 44/73 to South Gate Road, Town of Manchester.
[Added 3-16-2021 by Ord. No. 5-2021]
(6)
CTH
GG from the intersection with Salemville Road to the intersection
with Inglehart Road in the Town of Manchester.
[Added 2-15-2022 by Ord. No. 1-2022]
(7)
CTH
O from the city limits of Markesan southerly to the east intersection
of Lake Maria Roado include the section of CTH I which coincides with
CTH O in the Town of Mackford.
[Added 2-15-2022 by Ord. No. 1-2022]
(8)
CTH
S from the city limits of Markesan easterly to the intersection of
CTH A in the Town of Mackford.
[Added 2-15-2022 by Ord. No. 1-2022]
(9)
CTH
S from the city limits of Markesan westerly to the intersection of
STH 73 in the Town of Mackford.
[Added 2-15-2022 by Ord. No. 1-2022]
(10)
CTH
N from the intersection with Center Road southerly to the intersection
with STH 44.
[Added 2-15-2022 by Ord. No. 1-2022]
(11)
CTH
O from the intersection with Center Road southwesterly to the intersection
with Roy Creek Road in the Town of Green Lake.
[Added 2-15-2022 by Ord. No. 1-2022]
(12)
CTH
B at the intersection of Roy Creek Road easterly to the intersection
of Luedtke Road in the Town of Green Lake.
[Added 2-15-2022 by Ord. No. 1-2022]
(13)
CTH
O at the intersection of Phelps Road northerly to the intersection
of Kearley Road in the Town of Green Lake
[Added 2-15-2022 by Ord. No. 1-2022]
(14)
CTH
J from the city limits of Princeton northwesterly to the intersection
with Huckleberry Road in the Town of Saint Marie.
[Added 2-15-2022 by Ord. No. 1-2022]
(15)
CTH
Y from the intersection with STH 73 at Eagle Road southeasterly to
the intersection with CTH YY in the Town of Saint Marie.
[Added 2-15-2022 by Ord. No. 1-2022]
(16)
CTH
YY in its entirety in the Town of Saint Marie.
[Added 2-15-2022 by Ord. No. 1-2022]
(17)
CTH
D from the intersection with CTH YY southerly to the city limits of
Princeton.
[Added 2-15-2022 by Ord. No. 1-2022]
A.
Anyone requesting a designation shall complete an application on
a form prescribed by the Highway Committee in compliance with this
chapter and any applicable state statute or administrative code and
file the application with the Highway Department. The application
form shall be accompanied by a $200 fee for processing the application.
Applications will only be accepted for review during the month of
November.
[Amended 2-16-2021 by Ord. No. 2-2021]
B.
The application, at a minimum, should include:
(1)
A map showing the proposed ATV route on the County trunk highway.
(2)
A map showing any ATV trails which lead up to the proposed ATV route.
(3)
If there are ATV trails, a statement that the applicant has a lease
or some other permission from landowners to use the trails shown on
the map.
(4)
A statement explaining why the County trunk highway should be designated
as an ATV route and efforts to establish off-road alternatives.
(5)
If the applicant is an organization, the names and addresses of its
officers, the date when the organization was established or incorporated
and the number of members.
C.
The Highway Commissioner shall review the application for conformance
with Highway Department policies, this chapter and with all applicable
state, federal and local laws, regulations, and policies.
D.
The Highway Commissioner shall make a report and recommendation to
the Highway Committee regarding any request for a designation of a
segment of County trunk highways as an ATV route. The report shall
include information regarding topography, traffic patterns and uses,
and other information which may bear on the safety and appropriateness
of the proposed designation, including any information provided by
the Green Lake County Sheriff's Office.
A.
A sponsor shall pay for the projected ten-year cost of procurement,
installation, and maintenance of signs relating to the ATV route,
as determined by the Highway Commissioner. The Highway Commissioner
shall prepare an estimate of the cost of procurement, installation
and maintenance of the signage over a projected period of 10 years
and furnish the estimate to the sponsor.
B.
Upon passage of an ordinance designating an ATV route on a County
trunk highway, the sponsor shall provide the Highway Department with
a bond, letter of credit, or any other adequate form of monetary security
prior to the installation of the required ATV route signs.
C.
Designation of segments of the Green Lake County highway system as
ATV routes does not impose upon the Green Lake County Highway Department
a greater duty of care or responsibility for maintenance of those
segments than for any other segment of county highway. Operators of
ATVs on county highways designated as an ATV route assume all the
usual and normal risks of ATV operation.
A.
The Green Lake County Highway Department is solely responsible for
ATV route signing. All required designated ATV route signs shall be
installed and maintained by the Highway Department.
B.
All required signs shall be in accordance with state statutes and
administrative codes applicable to ATV routes on County trunk highways.
C.
No person may erect, remove, obscure, or deface any official designated
ATV route sign unless authorized by the Highway Commissioner.
A.
No person shall operate an ATV or UTV on a County trunk highway unless
the County trunk highway has been designated as an ATV route by the
Highway Committee and approved by the County Board of Supervisors,
except for operation that is allowed under state statute or administrative
code.
B.
No person shall operate an ATV or UTV on a County trunk highway designated
as an ATV route if the County trunk highway is closed for any reason.
C.
General limitations. The following limitations apply on all County
trunk highways designated as ATV routes:
(1)
Operators shall abide by all traffic laws unless further restricted
by this chapter.
(2)
No ATV or UTV shall be operated at a speed greater than 35 miles
per hour unless a reduced speed is otherwise required by state statute.
[Amended 5-15-2018 by Ord. No. 21-2018]
(3)
All ATVs and UTVs must operate with fully functional headlights,
taillights, and brake lights.
(4)
ATVs and UTVs may only be operated on an approved ATV route between
5:00 a.m. to midnight, year-round (January 1 through December 31).
[Amended 2-18-2020 by Ord. No. 3-2020]
(5)
All ATV or UTV operators shall ride in single file on the extreme
right-hand side of the paved portion of the highway. Operation on
the gravel shoulders, grassy in-slope, ditches, or other highway right-of-way
is prohibited unless yielding the right-of-way. Left turns may be
made from any part of the highway when it is safe given prevailing
conditions.
(6)
Crossings should be made only at a place where no obstruction prevents
a quick and safe crossing. "Obstruction" includes, but is not limited
to, impairment of view and potentially hazardous roadway conditions.
(7)
All ATV and UTV operators and passengers under 18 years old shall
wear protective headgear while operating on County trunk highways.
(8)
No person under the age of 16 may operate an ATV or UTV on any segment
of a County trunk highway that is a designated ATV route.
(9)
Every person who operates an ATV or UTV on any segment of a County
trunk highway which is designated as an ATV route shall have in his
or her immediate possession a valid motor vehicle operator's license,
and shall display the license document upon demand from any law enforcement
officer, state patrol officer, inspector under Wis. Stats. § 110.07(1),
conservation warden or municipal peace officer.
(10)
No ATV or UTV may be operated on any designated ATV route if
the ATV or UTV does not meet all applicable federal noise and air
pollution standards.
(11)
No person may ride in or on any part of an ATV or UTV that is
not designated or intended to be used by passengers.
A.
This chapter shall be enforced by any officer employed by the Green
Lake County Sheriff's Office or any other law enforcement official
as set forth in Wis. Stats. § 23.33(12).
B.
Adoption of this chapter 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 under this
chapter.
Any person violating any provision of this chapter shall, upon
conviction, forfeit a dollar amount not to exceed the maximum dollar
amount of the forfeiture provided in the subsection(s) of Wisconsin
Statutes violated, together with all applicable costs, and, in default
of payment of such forfeiture and costs, shall be confined in the
Green Lake County Jail until such forfeiture and costs are paid, but
not to exceed 30 days.
Should any portion of this chapter be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the
validity of the chapter as a whole or any part thereof, other than
the part declared invalid.
