ATV/UTV Ordinance

Published On: December 19th, 2022|

​TOWN OF GALE ORDINANCE NO. _________STATE OF WISCONSIN TOWN OF GALE TREMPEALEAU COUNTY
THE TOWN BOARD OF THE TOWN OF GALE HEREBY ORDAIN AS FOLLOWS:

Section 1. TITLE
The title of this ordinance is the TOWN OF GALE ATV/UTV ORDINANCE.

Section 2. AUTHORITY
The Town Board has the authority under s.  60.10 and 60.10{2)(c), Wis.  Stats., the general authority under its village powers under s. 60.22, Wis. Stats., and as otherwise stated elsewhere herein, to adopt this ordinance.

Section 3. ALL-TERRAIN VEHICLES AND UTILITY TERRAIN USE ON ROADS IN THE TOWN
{1} Intent and Statutory Authority.

The purpose of this section is to establish certain Town Roads as being open to use by all-terrain vehicles and utility terrain vehicles to aid in gaining access to all- terrain vehicle and utility terrain vehicle (“ATV/UTV”) trails and amenities in a way that is consistent with public rights and interests pursuant to § 23.33(8)(b) and (11), Wis. Stats. The applicable provisions of 23.33 regulating ATV/UTV operation pursuant to routes are hereby adopted.

{2) Authorized Operation and Routes.

  1. Under Wis. Stat. s. 23.33{8}(b}2, the Town of GALE authorizes all town-maintained roads as open to all-terrain vehicle (“ATV”) or utility terrain vehicle (“UTV”) use.
  1. The Town Board of the Town of GALE may close any ATV/UTV route whenever conditions, in the Town Board’s discretion, require closure.
    1. Conditions.

As a condition for the use of the route, the following conditions shall apply to all operators (and passengers):

  1. State Traffic Laws Adopted. Except as otherwise specifically provided in this ordinance/code, the statutory provisions in Chapter 23, 340 to 348, and 350 of the Wisconsin Statutes, describing and defining regulations with respect to vehicles  and traffic, and Chapter NR 64, All Terrain Vehicles, WI-DNR, as amended, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions, or modifications of the statutes incorporated herein are intended to be made part of this section in order to secure uniform statewide regulation.
    • All ATV/UTV operators must be at least 16 years of age and must possess a valid driver’s license.
    • All ATV/UTV operators shall comply with Wis. Stats. 23.33, including ATV training certification requirements.
    • All ATV/UTVs shall be registered according to Wisconsin State Statutes.
    • All ATV/UTV operators shall have valid proof of liability insurance.
    • All ATV/UTV operators and passengers under the age of 18 must wear approved protective head gear.  All other operators and passengers are highly encouraged to wear a helmet.
    • All occupants in a UTV are required to wear a seatbelt.
    • All ATV/UTVs being operated on designated routes must have fully functional headlights, taillights and brake lights.  Headlights and taillights must be on at all times.
    • All ATV/UTV operators shall use hand signals if their machine is not equipped with turn signals.
    • All ATV/UTVs shall be equipped with a muffler system with a maximum noise level of 96 decibels.
    • All ATV/UTVs shall not exceed posted roadway speeds.
    • All ATV/UTV operators shall slow the vehicle to 10 mph or less when operating within 100 feet of a non-motorized vehicle or pedestrian.
    • All ATV/UTV operators shall ride single file on far-right side of roadways (blacktop).
    • All ATV/UTV operation shall be confined to the far-right side of the paved/improved surfaces of the roadway (blacktop) except that left turns may be made from any part of the roadway which is safe given prevailing conditions.
    • No ATV/UTVs may be operated on road shoulders or in road ditches.  No straddling of the shoulder or ditch is allowed.
    • ATV/UTVs shall yield the right of way to all other vehicular traffic and pedestrians.
    • All ATV/UTV routes in the Town of Gale are open year-round.
    • It shall be unlawful for any person to possess an open intoxicant container while operating or as a passenger on an ATV/UTV on any route within the Town of Gale.
    • It is illegal to operate an ATV/UTV while under the influence of alcohol or drugs while traveling town roads.
  1. Enforcement.

The provisions of this ordinance shall be enforced by any law enforcement officer authorized to
enforce the laws of the State of Wisconsin. Adoption of this ordinance shall not prohibit any law enforcement officer or DNR warden from proceeding under any other ordinance, regulation, statute, law, or order that pertains to the subject matter addressed herein.

  1. Penalties. The penalties under s.23.33 (13) (a), Wis Stats. Are adopted by reference

Section 4. SEVERABILITY
The provisions of this ordinance shall be deemed severable, and it is expressly declared that the Town would have passed the other provision 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 to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons and/or circumstances shall not be deemed affected.

Section 5.   EFFECTIVE DATE AND DURATION
This ordinance becomes effective upon passage, publication or posting. The town clerk shall properly post or publish this ordinance as required under s. 60.80, Wis. Stats.

Adopted this day of 8th day of March, 2022

Paul Halderson
Dan Byom
Mike Oslie
Kevin Duch
Sharon Spahr

Attest:
Sue Henderson
Town Clerk-Treasurer

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