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ATV Ordinance

ORDINANCE NUMBER 51011
ALL TERRAIN VEHICLE AND UTILITY TERRIAN VEHICLE ROUTE ORDINANCE
TOWN OF WAUSAUKEE, MARINETTE COUNTY, WISCONSIN

Section I Intent:

The Town of Wausaukee adopts the following all-terrain vehicle and utility terrain vehicle ordinance/routes

For the operation of all-terrain vehicles, as defined in 340.01 (2g) Wisconsin State Statutes and Utility Terrain vehicles as defined in 23.33 (1) (ng) WI State Statutes (herein after referred to as ATV) upon the roads listed in Appendix A

Section II Statutory Authority:

This ordinance is created as authorized by Wisconsin State Statutes 23.33 (8) (b) and 23.33 (11) (a)

Section III   Routes:

The roads under the jurisdiction of the Town of Wausaukee and listed in Appendix A, are hereby designated as all-terrain vehicle routes and utility terrain vehicle routes (hereinafter referred to as A.T.V. routes)

Section IV Conditions:

As a condition for the use of these routes, the following conditions shall apply to all operators and /or passengers;

1. No person shall operate an A.T.V. on an A.T.V. route without a valid drivers license and , if  born on or after January 1, 1988, a valid A.T.V. safety certificate

2. No person shall operate an A.T.V. on an A.T.V. route between the hours of one-half hour after sunset and one-half hour before sunrise

3. The speed limit on any A.T.V. route is 25 m.p.h.

4. All A.T.V.s shall operate single file on the extreme right side of the roadway

5. Left turns shall be made only after coming to a complete stop on the right side of the roadway

6. The headlights and tail lights of the A.T.V. shall be lighted whenever the A.T.V. is operated on and A.T.V. route

7. A.T.V. operators shall yield the right-of-way to all other vehicular traffic and pedestrians

8. Effective dates of operation shall be Year round.

9. A.T.V. operators shall slow to a speed of 10 m.p.h. or less when within 150 feet of a residence

10. A.T.V. operation on these routes shall be in compliance with all other provisions of chapter 23.33 Wisconsin State Statues

11. Routes must be signed in accordance with NR64.12 and NR64.12(7)c

Section V Enforcement:

This ordinance shall be enforced by any law enforcement officer specified under 165.85 (2) (c) Wisconsin State Statutes or as defined in 23.33 (12) (a) Wisconsin State Statutes and includes a person appointed as a conservation warden under 23.10 Wisconsin State Statutes.

Section VI Penalties:

Penalties as found in 23.33 Wisconsin State Statutes are adopted by reference.

Section VII Severability:

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

Section VIII Effective Date:

This ordinance shall become effective upon passage and publication.

Dated this 13th day of December, 2011

Aye 4

Nay 1

Jeff Engelmann
CHAIRPERSON, TOWN OF WAUSAUKEE

Cheryl Stumbris
CLERK, TOWN OF WAUSAUKEE