ORDINANCE NO. 2022-3
AN ORDINANCE CREATING CHAPTER 10.46
OF THE TOWN OF EAST TROY MUNICIPAL CODE
The Town Board of the Town of East Troy, Walworth County, Wisconsin, does hereby
ordain as follows:
- That Chapter 10.46 of the Town of East Troy Municipal Code is hereby created to read as follows:
Chapter 10.46 All-Terrain Vehicle Routes and Regulations.
10.46.010 Authority
The Town Board of the Town of East Troy, Walworth County, Wisconsin has the specific authority to adopt this All-Terrain Vehicle Ordinance under Wis. Stats. ‘23.33(8)(b) and (11).
10.46.020 Purpose
The purpose of this Chapter is to establish all-terrain vehicle routes in the Town of East Troy and to regulate the operation of all-terrain vehicles in the Town.
10.46.030 Definitions
This Chapter adopts Chapter 23.33 Wis. Stats. and NR64.03 Wis. Adm. Code, describing and defining all-terrain vehicles and the definition of all-terrain vehicle found therein by reference as part of this ordinance.
10.46.040 Severability
Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
10.46.050 Applicability of Rules of the Road to All-Terrain Vehicles
These all-terrain vehicle regulations are created pursuant to Town authority by ‘23.33(8)(b), Wis. Stats. This ordinance is intended to facilitate the implementation of ”23.33(8) and 23.33(11) of the Wisconsin Statutes. To the extent necessary to accomplish this, ‘23.33, Wis. Stats., is hereby adopted by reference as part of this ordinance. Additionally, this ordinance incorporates and adopts the provisions of Wisconsin Administrative Code NR 64. In the event that any provision of this ordinance is inconsistent, or conflicts with that statute, the statute shall govern, and not this ordinance.
Additionally, provisions of Town Code Section 10.05.010(3) A. and B. shall apply to all all-terrain vehicle operation within the Town of East Troy.
10.46.060 Operation of All-Terrain Vehicles
Pursuant to Wis. Stat. ‘23.33(4)(d)4., except as otherwise provided in Wis. Stats. ‘23.33(4), no person may operate an all-terrain vehicle upon any public right-of-way, in any public park, in cemeteries, or on any other public property in the Town except upon all-terrain vehicle routes designated by the Town Board in this ordinance. All ATV routes shall be marked with uniform all-terrain vehicle route signs in accordance with Wis. Stat. ‘23.33(8)(e), and Wis. Admin Code NR 64.12(7).
10.46.065 Regulations relating to All-Terrain Vehicle Signs
No person may do any of the following in regard to signs marking town all-terrain vehicle routes: intentionally remove, damage, deface, move or obstruct any uniform all-terrain vehicle route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standards if the sign or standard is legally placed by the state, any municipality, or any authorized individual.
No person may possess any uniform all-terrain vehicle route or trail sign or standard of the type established by the Department of Natural Resources for the warning, instruction, or information of the public, unless he or she obtain the uniform all-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard creates a rebuttable presumption of illegal possession.
10.46.070 Designation of All-Terrain Vehicle Routes
All Town of East Troy roads shall be all-terrain vehicle routes.
10.46.075 Route Maintenance
The designation of town roads as an all-terrain vehicle route does not impose upon the Town a greater duty of care or responsibility for maintenance of those roads. Operators of all-terrain vehicles on town roads assume all the usual and normal risks of riding that vehicle. The Town accepts no liability for the operation of all-terrain vehicles on any town roads under this ordinance section.
10.46.080 Additional Conditions of Operation
Operation of an all-terrain vehicle on a posted all-terrain vehicle route shall, in addition to all of the statutory regulations found in Wis. Stat. ‘23.33, adhere to the following provisions:
10.46.0805. The speed limit for all-terrain vehicles shall be established at the same speed limit as the speed limit posted for automobiles on each town road. All other all-terrain vehicle speeds shall conform to the speed limitations found in ‘23.33(3).
10.46.0810. All-terrain vehicles shall be operated on paved surfaces only, unless yielding the right-of-way.
10.46.0815. All all-terrain vehicle operators shall ride single file.
10.46.0820. No all-terrain vehicle may be operated on any designated town all-terrain vehicle route without fully functional headlights, tail-lights, and brake lights.
10.46.0825. No all-terrain vehicle can be operated on any designated town all-terrain vehicle route between the hours of 11:00 p.m. and 5:00 a.m. daily, unless a different restriction on the hours of operation has been specified by the Town Board and notice of the same has been duly posted on the designated town all-terrain route.
10.46.0830. All all-terrain operators shall ride on the right-hand side of the paved portion of the town all-terrain vehicle route unless making a left turn. Operation on the gravel shoulders, grassy in-slope, ditches or other town road right of way is prohibited, unless yielding the right-of-way.
10.46.0835. No all-terrain vehicle may be operated in any careless way so as to endanger the person or property of another.
10.46.0840. No person under the age of sixteen (16) may operate an all-terrain vehicle on a designated town all-terrain vehicle route unless accompanied by his or her parent or guardian or by a person who is at least eighteen (18) years of age who is designated by the parent or guardian.
10.46.0845. No person under the age of eighteen (18) may operate an all-terrain vehicle on any designated town all-terrain vehicle route unless wearing protective head gear.
10.46.0850. No all-terrain operator under the age of twelve (12) may operate on a town designated all-terrain vehicle route under any circumstances.
10.46.0855. No person who is under current driver=s license suspension, revocation, or cancellation for any reason, may operate an all-terrain vehicle upon any town roads.
10.46.0860. All all-terrain vehicle operators shall yield the right-of-way to all other vehicular traffic and pedestrians.
10.46.0865. No all-terrain vehicle operator shall have a passenger riding in or on any part of an all-terrain vehicle that is not designated or intended to be used by passengers.
10.46.0870. All-terrain vehicles cannot be operated on anything else other than tires. This restriction does not apply to private property or frozen waters.
10.46.0875. An all-terrain vehicle operating on a town road may not be modified so that its maximum width exceeds the width allowed for an all-terrain vehicle.
10.46.0880. No person shall, while operating an all-terrain vehicle, engage in the practice of cruising on any town designated all-terrain vehicle route. Cruising is defined as running all or part of the length of a roadway multiple times, per day, back and forth, for any purpose other than departing or arriving at their residence, or place of lodging, or departing or arriving, at a public boat landing.
10.46.085 License and Insurance
Unless otherwise stated elsewhere in this ordinance, every person who operates an all-terrain vehicle on a town designated all-terrain vehicle 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 or official described in Wis. Stat. ‘23.33(12). Every person who operates an all-terrain vehicle on a town designated all-terrain vehicle route, and every all-terrain vehicle operated on a town designated all-terrain vehicle route shall carry liability, and/or other insurances consistent with Wisconsin State Law for the operation of an all-terrain vehicle.
10.46.090 Enforcement
This ordinance shall be enforced by any law enforcement official as set forth in ‘23.33(12), Wis. Stats., including the issuance of a citation under ‘66.0113, Wis. Stats.
10.46.095 Penalties
All penalties found in Wis. Stat. ‘23.33(13)(a) are adopted by reference.
10.46.100 Filing
This ordinance and revisions thereof shall be sent by the Town Clerk to the Department of Natural Resources, the Town Police Department, the Walworth County Sheriff=s Department and any other law enforcement agency servicing the Town of East Troy=s jurisdiction.
This ordinance is effective on the 11th day of July, 2022.
The Town Clerk shall properly post or publish this ordinance
as required under’60.80, Wis. Stats.
Adopted this 11th day of July, 2022.
TOWN OF EAST TROY
BY:
JOSEPH KLARKOWSKI, Chairman
ATTEST:
KIM BUCHANAN, Clerk
KIM BUCHANAN, Clerk