Village of Wild Rose, WI Chapter 8-6 All-Terrain Vehicles

[HISTORY: Adopted by the Board of Trustees of the Village of Wild Rose; amended in its entirety 2-1-2023 by Ord. No. 2023-02. Subsequent amendments noted where applicable.]

§ 8-6-1 Intent.

The Village of Wild Rose adopts the following all-terrain vehicle trails and routes for the operation of all-terrain vehicles and utility terrain vehicles upon the roadways and Village-owned property throughout the Village of Wild Rose. 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, these routes and trails have been created.

§ 8-6-2 Statutory authority.

This chapter is enacted under the authority of §§ 23.33(8)(b) and 23.33(11) of the Wisconsin Statutes.

§ 8-6-3 Definitions.

A. The following definitions are applicable to this chapter:

ALL-TERRAIN VEHICLE (ATV)

A commercially designed and manufactured motor-driven device that has a weight, without fluids, of 900 pounds or less, has a width of 50 inches or less, is equipped with a seat designed to be straddled by the operator, and travels on three or more low-pressure tires or nonpneumatic tires.

ALL-TERRAIN VEHICLE ROUTE

A highway designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized under this chapter.

ALL-TERRAIN VEHICLE TRAIL

A marked corridor on public property or on private lands subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways or highways, except those roadways that are seasonally not maintained for motor vehicle traffic.

UTILITY TERRAIN VEHICLE (UTV)

Any of the following:

(1) A commercially designed and manufactured motor driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, minitruck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was, originally manufactured with all of the following:

(a) A weight, without fluids, of 2,000 pounds or less.

(b) Four or more low-pressure tires or nonpneumatic tires.

(c) A cargo box installed by the manufacturer.

(d) A steering wheel.

(e) A taillight.

(f) A headlight.

(g) A width of not more than 65 inches.

(h) A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.

(i) A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.

(2) A commercially designed and manufactured motor driven device to which all of the following applies:

(a) It has a weight, without fluids, of more than 900 pounds but not more than 2,000 pounds.

(b) It has a width of 50 inches or less.

(c) It is equipped with a seat designed to be straddled by the operator.

(d) It travels on three or more low-pressure or nonpneumatic tires.

B. All other applicable words or phrases defined within §§ 23.33 and 340.01 of the Wisconsin Statutes are hereby incorporated within this chapter by reference.

§ 8-6-4 Routes and trails.

A. All Village roadways except State Road 22.

B. No person may operate an ATV/UTV in the following restricted areas:

(1) Wild Rose Mill Pond.

(2) Oak Hill Cemetery.

(3) Roberts Park (except the driveway to parking area by shelter).

(4) Dopp Park (except parking area).

(5) Village of Wild Rose property, to include sewage treatment plant, Municipal Building and adjacent Village property.

(6) Industrial Park.

(7) Any land owned by the Wild Rose School District, the elementary school, the high school practice field, football and track fields and adjacent baseball diamonds and tennis courts.

(8) Idlewilde Airport.

(9) Private property, without prior written consent.

(10) Any other street where operation is prohibited by a posted sign.

C. Exceptions to this chapter must be obtained from the Village of Wild Rose for properties owned/controlled by the Village; and a representative from the Wild Rose School District for school property. Other exemptions include:

(1) Private citizens, groups or organizations may operate an ATV/UTV when authorized by the Chief of Police when in conjunction with a parade. Said operation shall only take place during the hours the Police Department has obtained a parade permit authorized by the Wisconsin Department of Transportation. Operation may only take place on the designated route of the parade.

(2) Any law enforcement and/or fire department may operate an ATV/UTV on any road that falls within the Village of Wild Rose jurisdiction for the purpose of performing their duties when necessary. Said operation must first be authorized by the Police Chief, Fire Chief, or Sheriff.

(3) Any utility contractor or service that uses an ATV/UTV to perform utility service operations in the Wild Rose Village limits.

D. Exception for crossing. Notwithstanding the foregoing, an ATV/UTV may be operated to cross a prohibited street or highway from a legal area on one side of the street to the other side to reach a street which is legal upon which to operate.

E. Signs. ATVs and UTVs may only be operated on the routes specified in this chapter. Anyone operating an ATV or UTV outside of the routes specified herein shall be subject to a fine. Routes shall be marked with uniform ATV and/or UTV route signs in accordance with § 23.33(8), Wis. Stats., and Ch. NR 64.12(7), Wis. Adm. Code.

§ 8-6-5 Conditions of use.

As a condition for the use of these routes and trails, the following shall apply to all operators and passengers as applicable:

A. All ATV/UTV units shall be registered in accordance with the Wisconsin Department of Natural Resources regulations.

B. No person under 12 years of age shall operate an ATV or UTV under any circumstances.

C. Any operator between the ages of 12 and 15 must be accompanied by an adult with a valid driver's license.

D. Any operator who is 16 years of age or above must possess a valid driver's license.

E. All operators must complete the required ATV safety course with the Wisconsin Department of Natural Resources.

F. All operators born on or after January 1,1988, must possess a valid ATV safety certificate with the Wisconsin Department of Natural Resources.

G. All operators and passengers under the age of 18 shall at all times wear a helmet approved by the Wisconsin Department of Transportation.

H. ATVs and UTVs shall be operated on the extreme right side of the road, except that left turns may be made from any part of the roadway that is safe given prevailing conditions.

I. All operators shall ride in single file at all times.

J. The speed limit shall be 10 mph at all times. Any operator exceeding this speed limit shall be subject to normal speeding penalties.

K. The hours of operation shall be limited to between 7:00 a.m. and 12:00 midnight. Anyone operating outside of the authorized hours shall be subject to a fine.

§ 8-6-6 Enforcement.

This chapter shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.

§ 8-6-7 Violations and penalties.

The Wisconsin Uniform Traffic Citation and Complaint, described and defined in the Wisconsin Statues, shall be used for enforcement of all provisions of this chapter.

§ 8-6-8 Severability.

The provisions of this chapter shall be deemed severable, and it is expressly declared that the Village of Wild Rose would have passed the other provisions of this chapter irrespective of whether or not one or more provisions may be declared invalid. If any provision of this chapter or the application to any person or circumstances is held invalid, the remainder of the chapter and the application of such provisions to other person's circumstances shall not be deemed affected.