All Terrain Vehicle Routes Ordinance
Ordinance #BZ #10-2012
State of Wisconsin
Town of Brazeau
Oconto County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of Brazeau All-Terrain Vehicle/Utility Terrain Vehicle Route Ordinance. The purpose of this ordinance is to establish all-terrain vehicle/utility terrain vehicle routes in the town and to regulate the operation of all-terrain vehicles/utility terrain vehicles in the town.
SECTION II – AUTHORITY
The Town Board of the Town of Brazeau, Oconto County, Wisconsin, has the specific authority to adopt this All-Terrain Vehicle/Utility Terrain Vehicle Route Ordinance under s.23.33 (8)(b) and (11), Wis. Stats.
SECTION III – ADOPTION OF ORDINANCE
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/utility terrain vehicle routes in the town and provides for the regulation of the use of those routes and of all-terrain vehicles/utility terrain vehicles in the town.
SECTION IV – OPERATION OF ALL-TERRAIN VEHICLES/UTILITY TERRAIN VEHICLES
Pursuant to s. 23.33(4)(d) 4., Wis. Stats, except as otherwise provided in s. 23.33 (4), Wis. Stats., no person may operator an all-terrain vehicle/utility terrain vehicle on the roadway portion of any highway in the town except on roadways that are designed as all-terrain vehicle/utility terrain vehicle routes by this ordinance. Operation of all-terrain vehicles/utility terrain vehicles on a roadway in the town that is an all-terrain vehicle/utility terrain vehicle route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway that is safe given prevailing conditions.
SECTION V – DESIGNATION OF ALL-TERRAIN VEHICLE/UTILITY TERRAIN VEHICLE ROUTES
The following routes are designated all-terrain vehicle/utility terrain vehicle routes in the Town of Brazeau:
All town roads under the Town of Brazeau jurisdiction.
SECTION VI – CONDITIONS APPLICABLE TO ALL-TERRAIN VEHICLE/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/utility terrain vehicle routes designated by this resolution:
- A.Routes shall be marked with uniform all-terrain vehicle/utility terrain vehicle route signs in accordance with s. NR 64.12 (7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking town all-terrain vehicle/utility terrain vehicle routes:
1.Intentionally remove damage, deface, move, or obstruct any uniform all-terrain vehicle/utility terrain vehicle route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle/utility 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/utility 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/utility terrain vehicle route or train sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle/utility 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 Oconto County Sheriff’s Department.
- D.The following restrictions shall apply to all operation of All-Terrain Vehicles/Utility Terrain Vehicles on town roads:
1.Maximum speed of 25 miles per hour
2.Operation on hard surface of road only
3.Operation of All-Terrain Vehicles/Utility Terrain Vehicles in single file only
SECTION VII – ENFORCEMENT
This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
SECTION VIII – 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 circumstance is held invalid, the invalidity does not affect other provisions 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 posing.
The town clerk shall properly publish this ordinance as required under s. 60.80, Wis. Stats
ADOPTED THIS 26th day of October, 2012
