Township Roads ATV Ordinance Approved

ATV/UTV ROUTE ORDINANCE # 2018-3
STATE OF WISCONSIN
TOWN OF ROOSEVELT, BURNETT COUNTY
 
AN ORDINANCE DESIGNATING ALL-TERRAIN/UTILITY TERRAIN VEHICLE (ATV/UTV) ROUTES AND REGULATING THE OPERATION OF ATV'S/UTV'S IN THE
TOWN OF ROOSEVELT

 
The Town Board of the Town of Roosevelt, Burnett County, Wisconsin, does ordain as follows:
 
SECTION I - INTENT
 
The Town of Roosevelt, Burnett County, adopts the following ATV/UTV routes for the operation of
ATV/UTV's upon the roadways listed herein.
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, this
route(s) has been created.
 
SECTION II – AUTHORITY
The Town Board of the Town of Roosevelt, Burnett County, Wisconsin, has the specific authority to
adopt this All-Terrain Vehicle [and Utility Terrain Vehicle] Ordinance under s. 23.33 (8) (b) and (11), Wis. stats.
 
SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted on proper notice with a quorum and majority vote of the
town board present and voting, provides the authority of the town to designate ATV/UTV Routes on town roads,
and to regulate the use of ATV’S/UTV’S on those roads.
 
SECTION IV – OPERATION OF ATV'S/UTV'S
Pursuant to s. 23.33 (4) (d) 4., Wis. stats., except as otherwise provided in s. 23.33 (4), Wis. stats., no person may operate an ATV/UTV on the roadway portion of any highway in the town except on roadways that are designated as ATV/UTV routes by this ordinance. Operation of ATV/UTV on a roadway in the town that is an ATV/UTV route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway that is safe given prevailing conditions.
 
SECTION V – DESIGNATION OF ATV/UTV ROUTES

A.   The following routes are designated as ATV/UTV routes in the town:
           1. All town roads in the Town of Roosevelt are open for ATV/UTV use.
           2. All sections of County Road H, County Road EE, and County Road J, in the Town of Roosevelt to be designated as ATV/UTV routes are governed by Burnett County, and will be posted accordingly. ATV'S/UTV'S are not allowed on sections of county roads without proper signage.

 
SECTION VI – CONDITIONS APPLICABLE TO ATV/UTV ROUTES

Pursuant to s. 23.33 (8) (d), Wis. stats., the following restrictions are placed on the use of the town ATV/UTV routes designated by this resolution:
 

A.   Routes shall be marked with uniform ATV/UTV route signs in accordance with s. NR 64.12 (7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking town ATV/UTV routes:

1.   Intentionally remove, damage, deface, move, or obstruct any uniform ATV/UTV route or trail sign or standard or intentionally interfere with the effective operation of any uniform ATV/UTV route or trail sign or standards if the sign or standard is legally placed by the state, any municipality, or any authorized individual.
2.   Possess any uniform ATV/UTV route or trail sign or standard of the type established by the department for the warning, instruction, or information of the public, unless he or she obtained the uniform ATV/UTV route or trail sign or standard in a lawful manner. Possession of a uniform ATV/UTV route or trail sign or standard creates a rebuttable presumption of illegal possession.

B.   Operation shall be subject to all provisions of s. 23.33, Wis. stats., which is adopted as a part of this ordinance by reference, pursuant to s. 23.33 (11), Wis. stats.
C.   A copy of this ordinance shall be sent by the town clerk to the Department of Natural Resources, the Burnett County Sheriff's Department and any other law enforcement agency serving the Town of Roosevelt's jurisdiction.
D.   SPEED LIMITS AND OTHER RESTRICTIONS:

 1. All ATV/UTV operators must obey all regulatory signs, such as stop signs, yield signs and speed limit signs.
 2.  All ATV/UTV operators shall ride single file.                  
3. Must have your headlamps on and tail lamps on.
4. All children age 12-15 must be accompanied by an adult while
operating on a designated ATV/UTV route, regardless if they possess
an ATV Safety Certificate.
5. All ATV/UTV operators and passengers under the age of 18 are
required to wear a DOT standard ATV or Motorcycle helmet.
Bicycle helmets do not meet the requirement.
6. Must not operate at speeds that are unreasonable or improper.
7. Must not operate in a careless manner so that it endangers a
person or property.
8. Must not operate on public property in areas where such
operation is prohibited by signage and/or local rule or law.
9. Must not operate on private property without the permission of
the owner or lessee. Failure to post the property does not give you
the authority to ride there.
10. You may not allow a person to operate if they are prohibited by
law or have not obtained the required safety certificate (or are
underage), or are incapable of operating because they are physically
or mentally unable to exercise physical control over the speed or
direction of the machine, or are under the influence of alcohol or
drugs.
11. You must stop your machine after being requested or signaled to
do so by a law enforcement officer.
12. All ATV and UTV operators shall yield to the right-of-­way to other vehicular traffic and pedestrians.

SECTION VII - ENFORCEMENT
This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin.
 
SECTION VIII - PENALTIES
The penalties under s. 23.33 (13) (a), Wis. Stats., are adopted by reference.
 
SECTION IX – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION X – EFFECTIVE DATE
This ordinance is effective on publication or posting.