ALL-TERRAIN VEHICLE AND UTILITY-TERRAIN VEHICLE ROUTES ON ALL HIGHWAY ROADS IN THE TOWN OF SHIELDS
STATE OF WISCONSIN Section 28.18 of the Town Code is created as follows:
Town of Shields, Dodge County
SECTION 1 PURPOSE– The Purpose of this ordinance is to establish All-Terrain Vehicle (ATV) and Utility Terrain Vehicle (UTV) routes in the Town of Shields, Dodge County, Wisconsin.
SECTION 2 AUTHORITY – The Town of Shields, Dodge County, Wisconsin has the specific authority to adopt this ATV/UTV Route Ordinance under s. 23.33(8)(b) and (11), Wisconsin statues. Any future amendments, revisions or modifications of the statues incorporated herein are made part of this ordinance to secure uniform statewide regulation of ATVs and UTVs.
SECTION 3 OPERATION OF ATV/UTVs- 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 the roadways that are designated routes by this ordinance. Operation of ATV/UTV on a roadway in the town that is an ATV/UTV route is authorized for the extreme right of the roadway, except for left turns that may be made from any part of the roadway that is safe given prevailing conditions. ATV/UTVs shall not operate in the ditch, or other parts of the highway right-of-way and yield the right-of-way to other vehicles, pedestrians, animals using the roadway or shoulder.
SECTION 4 DESIGNATION OF ATV/UTV ROUTES
- Adoption of State ATV/UTV Laws and Definitions: State ATV and UTV law and definitions found in Wisconsin State Statues 23.33 and Wisconsin Administrative Code NR64 are adopted by reference and fully incorporated herein by reference, pursuant to Wisconsin State Statues 23.33(11)(a).
- Routes: Any town road that is signed in accordance with NR 64.12 and NR 64.12(7)c (as those sections may hereafter be amended) may be used by the ATV/UTVs in accordance with such signage as provided by the applicable portions of 23.33 Wis. Stat and this ordinance.
- Designation: Under Wis. Stat. s. 23.33(8)(b)1, the town of Shields designates all town roads as an ATV/UTV route.
SECTION 5 CONDITIONS APPLICABLE TO ATV/UTV ROUTES
- Routes shall be marked with uniform ATV/UTV route signs in accordance with s.NR 64.12(7), Wis Administrative Code. No person may do any of the following regarding signs marking town ATV/UTV routes:
- 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, by this municipality, Quad County Runners ATV/UTV Club or any authorized individual.
- In accordance with 23.33(9), ATV/UTV signs will be posted at all entrances to the township. Under Wisconsin Act 87, authorized routes with a posted speed limit in this municipality of 35 mph or less are included as ATV/UTV routes under this ordinance. No ATV/UTV shall be allowed to operate in the Town of Shields, Dodge County roadways between the hours of 10pm and 6am.
- Route signs in the Town of Shields shall be provided by and shall be marked by the Quad County Runners ATV/UTV Club or their successor with uniform all-terrain vehicle route signs in accordance with Wisconsin Administrative Code §NR6.12(7). Signage shall be inspected annually and shall be maintained by the Quad County Runners ATV/UTV Club or their successor. The Town shall be notified immediately of any change in responsibility for maintenance of ATV/UTV Route signs.
ADDITIONAL RESTRICTIONS AND APPLICABLE TIME PERIODS.
- All ATV/UTV Operators must be 16 years of age or older and wear seatbelts.
- A valid WI Department of Transportation driver’s license is required to operate any ATV/UTV on a designated route within the township.
- All ATV/UTV vehicles must be operated in single file.
- No ATV/UTV operator shall exceed the posted speed limit of the road being traveled.
- All ATV/UTV riders under the age of 18 must wear a helmet.
- All ATV/UTVs must be operated on (paved or graveled) road surfaces only.
- All ATV/UTV routes may be closed at any time at the discretion of the Town of Shields Town Board.
- ATV/UTV operators are required to have applicable liability insurance.
- All ATV/UTVs shall have working headlights, taillights, and brake lights.
- All ATV/UTVs must always have their headlights and taillights on.
- ATV/UTVs many NOT be operated on any Town of Shields roads between the hours of 10pm and 6am.
- All ATV/UTV operations are subject to Wisconsin Department of Natural Resources ATV/UTV Laws and Regulations.
- All ATV/UTV operators shall slow the vehicle to safe speed when within 100 feet of a pedestrian, bicyclist, or animals.
SECTION 6 ENFORCEMENT This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin.
SECTION 7 PENALTIES The penalties under s. 23.33(13), Wis. Stats., are adopted by reference.
SECTION 8 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 provisions or application, and to this end the provisions of this ordinance are servable.
SECTION 9 MISCELLANEOUS The Clerk is directed to send a copy of this ordinance to the Department of Natural Resources and the Dodge County Sherriff’s Department.
SECTION 10 EFFECTIVE DATE This ordinance is effective upon publication or posting. The Town Clerk shall properly publish this ordinance as required und s.60.80, Wis. Stats.
Adopted this 14th day of February,2022
Chairman Neale R. Jones
Supervisor Ronald Johnson
Supervisor Peter McFarland
Attest: Clerk-Treasurer Susan Johnson