Chapter 20: ATV Use on Town Roads
20.01 - INTENT
The Town of Dunkirk, Dane County, Wisconsin hereby adopts the following ordinance to establish and maintain all-terrain vehicle (ATV) and utility-terrain vehicle (UTV) routes in the Town of Dunkirk and to regulate the operation of same such roads.
Following due consideration of the recreation value to connect route opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, this ordinance has been created.
20.02 - STATUTORY AUTHORITY
The Town Board of the Town of Dunkirk, Dane County, Wisconsin, has the specific authority to adopt this ordinance under § 23.33(8), Wis. Stats.
20.03 - STATE STATUES ADOPTED BY REFERENCE
The provisions of § 23.33, Wis. Stats. and CH. NR 64, Wis. Admin. Code are hereby adopted and by reference made part of this ordinance as if fully set forth herein. Unless otherwise provided in this ordinance, any act required to be preformed or prohibited by any statute or regulation incorporated herein by reference is required or prohibited by this ordinance. Any future amendments, revisions, or modifications of the statutes or regulations herein are made part of this ordinance. Any terms used in this ordinance that are defined in § 23.33(1), Wis. Stats. shall have the meaning prescribed by statute.
20.04 - ATV/UTV ROUTES DESIGNATED
Pursuant to § 23.33(8)(b)(1), Wis. Stats., the Town of Dunkirk designates all properly posted town roads located within the Town of Dunkirk as ATV/UTV routes.
20.05 - ATV/UTV ROUTE SIGNS
Under the direction of the Town, all authorized ATV/UTV routes shall be designated by route signs. The route signs shall be provided by the ATV Club in accordance with Ch. NR 64. 12, Wis. Admin. Code, under the supervision of the Town. The route signs shall be inspected by the Town annually and shall be maintained by the ATV Club, or its successor. The Town shall be promptly notified by the ATV Club of any changes in responsibility for maintenance of the ATV/UTV route signs. No person may do any of the following in regard to signs marking town ATV/UTV routes:
A. Internationally remove, damage, deface, move or obstruct any ATV/UTV route or trail sign or intentionally interfere with the effective operation of a sign if the sign is legally placed by the state, municipality or any authorized individual.
B. Possess any uniform ATV/UTV route or trail sign of the type established for the warning, instruction of information to the public, unless he or she obtained the route or trail sign in a lawful manner. Possession of an ATV/UTV route or trail sign creates a rebuttable presumption of illegal possession.
20.06 - CONDITIONS
In addition to the provisions of § 23.33, Wis. Stats., and Ch. NR 64.07, Wis. Admin. Code, the following conditions are placed on the use of the ATV/UTV routes permitted under this ordinance: are hereby adopted by reference.
A. All ATV and UTV operators shall ride in single file.
B. All ATV and UTV operators shall observe the fixed speed limits and all other applicable traffic regulations.
C. All ATV and UTV routes shall be closed between 11:59 p.m. and 5:00 a.m.
D. All ATV and UTV operators shall remain on designated routes and shall not trespass on private property.
E. All ATV and UTV operators shall be at least sixteen (16) years of age and possess a valid operator’s license as defined in § 340.01(41g), Wis. Stats., as may be amended from time to time, including a softie certificate if required by State law. A learner’s permit shall not be considered as a valid driver’s license nor shall any license that has been revoked, temporarily or otherwise, or suspended for any reason, be considered as a valid driver’s license during the period of suspension or revocation.
F. A copy of this ordinance shall be sent to the Department of Natural Resources, the State of Wisconsin traffic patrol, and the Dane County Sheriff’s Department.
20.07 - ENFORCEMENT
This ordinance shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
20.08 - PENALTIES
Violations of this ordinance shall incur the monetary penalties set forth in of § 23.33(13), Wis. Stats., as may be amended from time to time.
20.09 - SEVERABILITY
The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance, The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.
20.10 - RESERVED AUTHORITY
The Town of Dunkirk Town Board reserves the right to repeal this Ordinance and prevent all use of ATVs and UTVs on Town of Dunkirk town roads, at any time with or without cause.
20.11 - REPEALER
The provisions of this Ordinance, to the extent that they are substantively the same as those of the ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provision shall date from the date of adoption of prior ordinances. In addition, the adoption of this ordinance shall not affect any action, prosecution or proceeding brought for the enforcement of any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance for the time that such provision was in effect, and the repeal of any such provisions is stayed pending the final resolution of such actions, including appeals.
20.12 - EFFECTIVE DATE
The ordinance becomes effective upon passage by the Town Board and posting the erection of required signage.
