ATV/UTV ROUTE ORDINANCE # 1-2018
Town of Eau Pleine, Portage County
AN ORDINANCE DESIGNATING ALL-TERRAIN AND UTILITY-TERRAIN VEHICLE ROUTES AND REGULATING THE OPERATION OF ALL-TERRAIN AND UTILITY-TERRAIN VEHICLES
Section I – Intent
The Town of Eau Pleine, Portage County adopts the following all-terrain and utility-terrain vehicle routes for the operation of all-terrain and utility-terrain vehicles upon the roadways listed in Section III.
Following due consideration of the recreational value to connect route opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, these routes have been created.
Section II – Statutory Authority
These routes are created pursuant to Town authority under section 1.1.01 as authorized by 23.33 (8) (b), Wis Stats. The applicable provisions of 23.33 regulating ATV and UTV operation pursuant to routes are adopted.
Section III – Routes
The following roads are designated as routes — All town roads within its territorial boundaries are designated as ATV/UTV routes. Under 2017 Wisconsin Act 193, Section 5. 23.33 (8) (e) 3, signs are erected on each highway that crosses its territorial boundaries alerting motorists of this designation.
Section IV – Conditions
As a condition for the use of these routes, the following conditions shall apply to all operators (and passengers);
Wisconsin state All-Terrain and Utility-Terrain Vehicle laws as found in s. 23.33 Wis. Stats., are adopted by reference. Routes are signed in accordance with 2017 Wisconsin Act 193, Section 5. 23.33 (8) (e) 3.
Section V – Enforcement
This ordinance shall be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin.
Section VI – Penalties
Wisconsin state All-Terrain/Utility Terrain Vehicle penalties as found in s. 23.33 (13) (a) Wis. Stats., are adopted by reference.
Section VII – Severability
The provision of this ordinance shall be deemed severable and it is expressly declared that the Town would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid. If any provisions of this ordinance or the application to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provisions to other persons circumstances shall not be deemed affected.