ATV & UTV City Laws

All-Terrain Vehicles (ATVs) and Utility Terrain Vehicles (UTVs)

  • 7.4.34  STATE LAWS ADOPTED.

(A)   In accordance with Wisconsin Statutes § 23.33(11), the City intends to enact this Ordinance in strict conformity with State laws encompassing all aspects of the regulation of all-terrain vehicles encompassed in Wisconsin Statutes Chapter 23.

(B)   The statutory provisions of Wisconsin Statutes § 23.33, and the defining regulations found in Chapter NR 64 Wisconsin Administrative Code with respect to the regulation of all-terrain vehicles, including future amendments thereof, are hereby adopted by reference and made part of this subchapter as fully set forth herein. Acts required to be performed or prohibited by such Statutes are required or prohibited by this subchapter.

(C)   The operator of an all-terrain vehicle on a roadway is subject to §§ 346.04, 346.06, 346.11, 346.14(1), 346.18, 346.19, 346.21, 346.215(3), 346.22, 346.27, 346.33, 346.35, 346.37, 346.39, 346.44, 346.46, 346.47, 346.48, 346.50, 346.50(l)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(1), and 346.94(1) and (9), but is not subject to any other provision of Wisconsin Statutes Chapter 346. The foregoing provisions of State law in regard to the operation of all-terrain vehicles as set forth in Wisconsin Statutes § 346.02(11) as such Section heretofore be amended and including any and all such amendments are hereby adopted by reference and made part of this subchapter as fully set forth herein. Acts required to be performed or prohibited by such Statutes are required or prohibited by this subchapter.

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.35  DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless context indicates or requires a different meaning:

ALL-TERRAIN VEHICLE. An engine-driven device which has a net weight of 900 pounds or less, which is originally manufactured with a width of 50 inches or less, which is equipped with a seat designated to be straddled by the operator and which is designed by the manufacturer to travel on three or more tires.

ALL-TERRAIN VEHICLE CLUB. A club consisting of individuals that promote the recreational use of all-terrain vehicles.

ALL-TERRAIN ROUTE. A street designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized under this subchapter.

OPERATE. To exercise physical control over the speed or direction of an all-terrain vehicle or physically manipulate or activate any of the controls of an all-terrain vehicle necessary to put it in motion.

STATE TRUNK HIGHWAY. Any highway designated pursuant to Wisconsin Statutes § 84.29 as part of the state trunk highway system, exclusive of connecting highways.

STREETS. Every highway within the corporate limits of the city except alleys.

UTILITY TERRAIN VEHICLE. Any of the following: A motor-driven device that does not meet federal motor vehicle safety standards; that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle; that is designated to be used primarily off of a highway; that has, and was originally manufactured with, all of the following:

(1)   Net weight less than 2,000 pounds.

(2)   Four or more tires.

(3)   Cargo box.

(4)   Steering wheel.

(5)   Taillight.

(6)   Brake light.

(7)   Two headlights.

(8)   Maximum width of 65 inches.

(9)   Non-straddled seats for at least two people.

(10)   Seat belts for each occupant.

(11)   Roll bar or similar structural system or device.

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.36  ALL-TERRAIN VEHICLE ROUTES.

No person shall operate an all-terrain vehicle on any city street or public property not designated as an all-terrain route or trail.

(A)   Pursuant to Wisconsin Statutes § 23.33(8), all city streets are designated all-terrain routes as defined in NR 64.12 Routes Wisconsin Administrative Code within the city excluding the following:

(1)   South Whelen Avenue - Closed from East Perkins Street to County Trunk O.

(2)   Industrial Drive - Entire road closed.

(3)   South Gibson Street - Closed from Jensen Drive to County Trunk O.

(4)   Progressive Avenue - Closed from Jensen Drive to County Trunk O.

(5)   Jensen Drive - Entire road closed.

(6)   Grace Way - Entire road closed.

(7)   Ann's Way - Entire road closed.

(8)   Pep's Drive - Entire road closed.

(9)   State Highway 13/Eighth Street - Entire road closed, but ability to cross would remain.

(10)   State Highway 64/Broadway Avenue - Entire road closed, but ability to cross would remain.

(B)   The operation of all-terrain vehicles will not be permitted on State Trunk highways except as may be necessary to cross the same and then in strict compliance with the law.

(C)   All-terrain vehicles shall not be operated on any sidewalk.

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.37  AGE REQUIREMENT.

All all-terrain/utility vehicle operators shall be 16 years or older to operate an all-terrain/utility vehicle on road routes in the city.

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.38  SPEED LIMITS.

All all-terrain vehicle operators shall observe the posted speed limit not to exceed 35 mph.

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.39  OPERATING REQUIREMENTS.

(A)   All all-terrain vehicle operators shall ride single file on the right side of the pavement, but shall not operate on the shoulders or in the ditch.

(B)   All all-terrain vehicles operating in the city shall have fully functional headlights, taillights, and brake lights. Headlights shall be on at all times.

(C)   All-terrain vehicles shall yield the right-of-way to other vehicular traffic (including non-motorized vehicles, such as bicycles, and pedestrians).

(D)   No person shall leave or allow an all-terrain vehicle owned or operated by him or her to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.

(E)   No owner or person having charge or control of an all-terrain vehicle shall authorize or permit any person to operate such all-terrain vehicle who is not permitted under state law or city ordinance to operate such all-terrain vehicle or who is under the influence of an intoxicant or a dangerous narcotic drug.

(F)   No person shall operate an all-terrain vehicle in the city between the hours of midnight and 6:00 a.m.

(G)   Wisconsin Statutes §§ 23.33(4c), 23.33(4g), 23.33(4j), 23.33(4i), 23.33(4p), 23.33(4t), and 23.33(4x) shall apply to the operation of an all-terrain vehicle any place within the city.

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.40  LICENSING, INSURANCE, AND REGISTRATION.

(A)   Driver's license. Every person who operates an all-terrain vehicle on a segment of city street 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 Wisconsin State Statutes § 23.33(12) (reference: Wisconsin State Statute § 23.33(12) regarding all-terrain vehicles-enforcement and Wisconsin State Statute § 346.04 regarding obedience to traffic officers, signs/signals, fleeing from officer).

(B)   Insurance. Every person who operates an all-terrain vehicle on a segment of city street shall carry liability and/or other insurances consistent with Wisconsin State law for the operation of a motorized vehicle (reference: Wisconsin State § 344.62 regarding motor vehicle liability insurance required).

(Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.41  NUISANCE ACTIVITY.

Cruising is prohibited. No person shall, while operating an all-terrain vehicle, engage in the practice of cruising on any authorized road. Cruising is defined as running all or part of the length of roadway multiple times, per day, back and forth, for any purpose other than departing or arriving at their residence or place of lodging.

(Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.42  SIGNAGE.

(A)   All-terrain vehicle routes shall be marked with uniform all-terrain route signs in accordance with Wisconsin Administrative Code §§ NR 64.12 and NR 64.12(7)c.

(B)   The City's Police Department and Public Works shall assist all-terrain vehicle clubs in creating and circulating a map or maps illustrating the city's routes.

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.43  ENFORCEMENT.

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

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

  • 7.4.44  PENALTIES.

The penalties in Wisconsin Statutes § 23.33(13)(a) are adopted by reference.

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19; Am. Ord. 1055, passed 12-1-20)

(Ord. 987, passed 9-17-13; Am. Ord. 993, passed 9-16-14; Am. Ord. 1002, passed 9-15-15; Am. Ord. 1011, passed 9-20-16; Am. Ord. 1026, passed 9-19-17; Am. Ord. 1036, passed 9-18-18; Am. Ord. 1044, passed 9-17-19)