[Adopted 8-8-2022 by Ord. No. 2022-04]
As used in this chapter, the following terms shall have the
meanings indicated:
A commercially designed and manufactured motor-driven device
that has a weight, without fluids, of 900 pounds or less; has a width
of not more than 50 inches as measured laterally between the outermost
wheel rim on each side of the vehicle, exclusive of tires, mirrors,
and accessories that are not essential to the vehicle's basic
operation; is equipped with a seat designed to be straddled by the
operator; and travels on three or more tires, as defined in § 340.01(2g),
Wis. Stats.
Any of the following, as defined in § 23.33(1)(ng),
Wis. Stats.:
A commercially designed and manufactured motor-driven device
that is designed to be used primarily off of a highway, and that has,
and was originally manufactured with, all of the following:
A weight, without fluids, of 3,000 pounds or less.
Four or more tires.
A steering wheel.
A taillight.
A brake light.
Two headlights.
A width of not more than 65 inches as measured laterally between
the outermost wheel rim on each side of the vehicle, exclusive of
tires, mirrors, and accessories that are not essential to the vehicle's
basic operation.
A system of seat belts, or a similar system, for restraining
each occupant of the device in the event of an accident.
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.
A commercially designed and manufactured motor-driven device
to which all of the following applies:
It does not meet federal motor vehicle safety standards in effect
on July 1, 2012; is not a golf cart, low-speed vehicle, dune buggy,
minitruck, or tracked vehicle; is designed to be used primarily off
of a highway; and has, and was originally manufactured with, a weight,
without fluids, of not more than 3,000 pounds.
It has a width of 65 inches or less as measured laterally between
the outermost wheel rim on each side of the vehicle, exclusive of
tires, mirrors, and accessories that are not essential to the vehicle's
basic operation.
It is equipped with a seat designed to be straddled by the operator.
It travels on three or more tires.
It is not an all-terrain vehicle, as defined in § 340.01(2g),
Wis. Stats.
ATV/UTV usage of Town roads is permitted pursuant to Town authority
as authorized by § 23.33(8)(b), Wis. Stats. The provisions
of § 23.33, Wis. Stats., and Chs. 340 to 348, Wis. Stats.,
establishing definitions and regulations with respect to ATVs and
UTVs and Ch. NR 64, Wis. Adm. Code, and any future amendments or revisions
thereto, are hereby adopted by reference.
A.
All Town roads located within the Town of Holland shall be open to
ATV/UTV usage unless otherwise posted. ATV/UTV routes are open year
round.
As a condition for use of Town roads, the following conditions
shall apply to all operators and any passengers:
A.
All ATV and UTV operators shall observe posted speed limits.
B.
No person under 18 years of age may operate or be a passenger on
an ATV or UTV without wearing protective headgear of the type required
under § 347.485(1)(a), Wis. Stats., and with the chin strap
properly fastened, except as specifically exempted under § 23.33(3g)(b),
(c) and (d), Wis. Stats.
C.
Operation of ATVs and UTVs on roadways designated as ATV/UTV routes
are authorized only for the extreme right side of the roadway, on
the paved surface (if the roadway is paved), except that left turns
may be made from any part of the roadway that is safe given prevailing
conditions.
D.
All ATV and UTV operators shall ride single file.
E.
The operator of an ATV or UTV shall obey all traffic laws, local
ordinances and DNR regulations.
F.
The operator of an ATV or UTV shall display a lighted headlamp and
tail lamp on the ATV or UTV and display the registration or license
plate at all times during operation.
G.
Town roads used must be posted with signs in accordance with §§ NR
64.12 and NR 64.12(7), Wis. Adm. Code.
H.
ATV or UTV operation is at the risk of the operator and any passengers.
The Town of Holland has no liability for any damage or injury to persons,
real property or personal property arising out of the operation of
ATVs and UTVs on designated ATV/UTV routes.
I.
No person may operate an ATV or UTV that travels on anything other
than tires.
J.
No person (except emergency services personal) may operate an ATV
or UTV that is equipped with any of the following:
(1)
A lamp that emits any color of light other than white or amber and
that is visible from directly in front of the ATV or UTV.
(2)
A lamp that emits any color of light other than red, yellow, amber,
or white and that is visible from directly behind the ATV or UTV.
(3)
A flashing, oscillating, or rotating lamp that emits any color other
than yellow or amber.
K.
Any person operating an ATV or UTV must dim their high-beam headlamps
and any auxiliary lamps when within 500 feet of an approaching ATV,
UTV or other vehicle, and within 500 feet to the rear of another ATV,
UTV or other vehicle. In addition, an operator must dim their backup
lamps unless actively backing.
L.
No open intoxicants are allowed in or upon any ATV or UTV while the
vehicle is in operation.
A.
Pursuant to § 23.33(12), Wis. Stats., any state traffic
patrol officer under § 110.07(1), Wis. Stats.; inspector
under § 110.07(3), Wis. Stats.; conservation warden appointed
by the Wisconsin Department of Natural Resources under § 23.10,
Wis. Stats.; or county sheriff officer has authority and jurisdiction
to enforce this article.
B.
No operator of an ATV or UTV may refuse to stop after being requested
or signaled to do so by a law enforcement officer or a conservation
warden.
Pursuant to § 23.33(11)(b), Wis. Stats., following
adoption, the Town Clerk shall provide copies of this ordinance to
the Wisconsin Department of Natural Resources, the Wisconsin State
Patrol, and the Sheboygan County Sheriff's Office.
