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TOWN OF TRENTON: Ordinance 23 - ATV/ UTV Routes

Monday, July 22, 2013 - 11:20pm

TOWN OF TRENTON
Ordinance 23
All-terrain vehicle and Utility Terrain Vehicle
Route Ordinance
STATE OF WISCONSIN
Town of Trenton
Pierce County
SECTION I - TITLE AND PURPOSE
The title of this ordinance is the Town of Trenton All-Terrain Vehicle and Utility Terrain Vehicle Route Ordinance. The purpose of this ordinance is to establish all-terrain vehicle and Utility Terrain routes in the Town of Trenton and to regulate the operation of all-terrain vehicles and Utility Vehicles in the town.
SECTION II - AUTHORITY
The Town Board of the Town of Trenton, Pierce County, Wisconsin, by this ordinance, adopted on proper notice with a quorum and roll call vote by a majority of the town board present and voting, provides the authority for the town to designate all-terrain vehicle and Utility Terrain Vehicle routes in the Town, and to regulate the use of those routes and all-terrain vehicles and Utility Terrain Vehicles in the Town.
SECTION IV - OPERATION OF ALL-TERRAIN VEHICLES AND UTILITY TERRAIN VEHICLES
Operation shall be subject to all provisions of s23.33, which is adopted as a part of this ordinance by reference, pursuant to s.23.33 (11) Wis. Stats.
Pursuant to s. 23.33 (4) (d) 4., Wis. Stats., except as otherwise provided in s.23.33 (4) Wisconsin Stats., no person may operate an all-terrain vehicle or utility terrain vehicle on the roadway portion of any highway in the Town except on roadways that are designated as all-terrain vehicle and utility terrain vehicle routes by this ordinance. On paved roadways all-terrain vehicles and utility terrain vehicles must be operated on the paved portion of the roadway and not on the gravel shoulder or ditch.
SECTION V - DESIGNATION OF ALL-TERRAIN VEHICLE AND UTILITY TERRAIN VEHICLE ROUTES
All town roads are designated all-terrain vehicle and Utility Terrain Vehicle routes in the Town of Trenton.
SECTION VI - CONDITIONS APPLICABLE TO ALL-TERRAIN VEHICLE AND UTILITY TERRAIN VEHICLE ROUTES
Pursuant to s.23.33 (8) (d), Wis. Stats., the following restrictions are placed on the use of the town all-terrain vehicle routes designated by this ordinance:
A. Routes shall be marked with uniform-all-terrain vehicle route signs in accordance with s.NR64.12 (7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking town all-terrain vehicle routes:
1. Intentionally remove, damage, deface, move, or obstruct any uniform all-terrain vehicle route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle 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 all-terrain vehicle 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 all-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle 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 Pierce County Sheriff\'s Department and the DNR at Wisconsin Department of Natural Resources, PO Box 7921, Madison WI 53707.
D. In addition to the provision of s.23.33, Wis. Stats., the following restrictions are placed on the use of the town all- terrain vehicle routes designated by this ordinance:
1. All ATV, UTV operators shall observe a speed limit of 40-mph or the posted roadway speed limit, whichever is lower.
2. All ATV/UTV operators shall ride single file.
3. The allowed hours of operation shall be from 6:00 a.m. to sunset, during Daylight Savings Time and from 6:00 a.m. to 7:00 p.m. during Standard Time.
4. All ATV operators age 12 or born on or after January 1, 1988 shall possess a valid state issued ATV Safety Certification.
5. UTV operators must be 16 years old, and possess a valid state issued Safety Certificate, if born after January 1, 1988.
6. All ATV operators ages 12 and under 15 must be under the direct supervision, of a parent or legal guardian at all times when operating on a designated all-terrain vehicle route.
SECTION VII - ENFORCEMENT
This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
SECTION VII - PENALTIES
The penalties under in 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 circumstances if held invalid, the invalidity does not affect other provision or applications of this ordinance that can be given effect without the invalid provision or application, and to this end, the provision of this ordinance are severable.
SECTION X - EFFECTIVE DATE
This ordinance is effective on publication or posting for a probationary period of one year after effective date. The town clerk shall properly publish this ordinance as required under s.60.80, Wis. Stats.
Adopted this 9th day of July, 2013
By the Town Board of the Town of Trenton, Pierce County, Wisconsin.
Daniel Meixner, Town Chairperson
Attest: Steve Thoms, Town Clerk
Date Posted and Published: 7/24/2013
_________________________________ (Pub. 07/24/13) WNAXLP


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