Chapter 44 – County /All-Terrain (ATV)/Utility Terrain Vehicle (UTV) Regulations Page 1 of 9

CHAPTER 44 COUNTY SNOWMOBILE/ALL-TERRAIN VEHICLE (ATV)/UTILITY TERRAIN VEHICLE (UTV) REGULATIONS

44.01 DEFINITIONS.

(1) All-Terrain Vehicle (hereinafter referred to as ATV). As defined in Section 340.01(2g), State Statutes, means an engine driven device which has a net weight of 900 pounds or less, which has a width of 50" or less, which is equipped with a seat designed to be straddled by the operator and which is designed to travel on 3 or more low-pressure tires.

History: Amended, Ordinance 548, 6/25/2008 Renumbered and Amended, Ordinance 602, 10/31/2012

(2) ATV Route. A highway designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized by Section 23.33, Wisconsin State Statutes. County Highway designation as a Route is under the authority of the Highway Committee.

History: Amended, Ordinance 548, 6/25/2008 Renumbered and Amended, Ordinance 602, 10/31/2012

(3) ATV . Includes all ATV trails or routes that have been designated by the County Snowmobile, ATV and UTV Coordinator or Forestry and Recreation Committee.

History: Amended, Ordinance 410, 2/98 Amended, Ordinance 442, 11/16/99 Renumbered and Amended, Ordinance 602, 10/31/2012

(4) ATV System. A marked corridor on public property or on private lands, subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways, except those roadways which have been designated as ATV routes. ATV usage of the trail system consists of a spring, summer and fall season and a winter season. The official opening and closing dates for both seasons will be determined by the Taylor County Snowmobile, ATV and UTV Coordinator.

History: Amended, Ordinance 410, 2/98 Amended, Ordinance 442, 11/16/99 Renumbered and Amended, Ordinance 602, 10/31/2012

(5) Motorized Trail. Any trail that is designated for the use of , ATV’s or UTV’s.

History: Created, Ordinance 602, 10/31/2012 Chapter 44 – County Snowmobile/All-Terrain Vehicle (ATV)/Utility Terrain Vehicle (UTV) Regulations Page 2 of 9

(6) Off-Highway Vehicle. A motor-driven craft or vehicle principally manufactured for off-highway use but does not include a snowmobile, all-terrain vehicle or utility terrain vehicle.

History: Renumbered and Amended, Ordinance 602, 10/31/2012

(7) Official Trail Closing. That date selected by the Snowmobile, ATV and UTV Coordinator and published in the official County Newspaper, announced on the local radio station and listed on the Taylor County website.

History: Renumbered and Amended, Ordinance 602, 10/31/2012

(8) Official Trail Opening. That date selected by the Snowmobile, ATV and UTV Coordinator and published in the official County Newspaper, announced on the local radio station and listed on the Taylor County website.

History: Renumbered and Amended, Ordinance 602, 10/31/2012

(9) Snowmobile. As defined in Section 340.01 (58a), Wisconsin State Statutes, means an engine-driven vehicle that is manufactured solely for snowmobiling, that has an endless belt tread and -type runners, or skis, to be used in contact with but does not include such a vehicle that is any of the following:

(a) A vehicle that has inflatable tires.

(b) A vehicle that is driven by a motor of 4 horsepower or less and that is operated in sanctioned races, derbies, competitions or exhibitions or only on provate property.

History: Renumbered and Amended, Ordinance 602, 10/31/2012

(10) Snowmobile, ATV and UTV Coordinator. The County Forest Administrator, his assistant or assistants and such other individuals so designated by the Forestry and Recreation Committee.

History: Renumbered and Amended, Ordinance 602, 10/31/2012

(11) Snowmobile Route. A highway designated for use by snowmobile vehicle operators by the governmental agency having jurisdiction as authorized by Section 350.18, Wisconsin State Statutes. County Highway designation as a Route is under the authority of the Highway Committee.

History: Renumbered and Amended, Ordinance 602, 10/31/2012

(12) Snowmobile trails. Includes all snowmobile trails that have been designated by the County Snowmobile, ATV and UTV Coordinator or Forestry and Recreation Committee.

History: Renumbered and Amended, Ordinance 602, 10/31/2012 Chapter 44 – County Snowmobile/All-Terrain Vehicle (ATV)/Utility Terrain Vehicle (UTV) Regulations Page 3 of 9

(13) Snowmobile Trail System. A marked corridor on public property or on private lands, subject to public easement or lease, designated for use by snowmobile operators by the governmental agency having jurisdiction, but excluding roadways, except those roadways which have been designated as snowmobile routes. The length of the snowmobile season is governed by the official opening and closing dates as determined by the Taylor County Snowmobile, ATV and UTV Coordinator.

History: Renumbered and Amended, Ordinance 602, 10/31/2012

(14) Solid Waste. Any garbage, refuse, or discarded materials including but not limited to glass, plastic, paper, tin, metal, machinery, and equipment.

History: Renumbered, Ordinance 602, 10/31/2012

(15) Utility Terrain Vehicle (hereinafter referred to as UTV). As defined in Section 23.33 (1)(ng)(intro.), Wisconsin State Statutes, means a motor driven device, that does not meet federal motor vehicle safety standards in effect on the effective date of this subdivision, that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is manufactured with all of the following:

(a) A net weight of less than 2,000 pounds.

(b) Four or more low-pressure tires.

(c)

History: Repealed, Ordinance 662, 1/28/2019

(d) A wheel.

(e) A taillight.

(f) A brake light.

(g) Two headlights.

(h) A width of not more than 65 inches.

(i)

History: Repealed, Ordinance 662, 1/28/2019

(j) A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.

(k) A system of structural members designed to reduce the likelihood that an occupant would be crushed as a result of a rollover of the device.

History: Created, Ordinance 602, 10/31/2012 Chapter 44 – County Snowmobile/All-Terrain Vehicle (ATV)/Utility Terrain Vehicle (UTV) Regulations Page 4 of 9

(16) UTV Route. A UTV Route is defined as a highway designated for use by utility terrain vehicle operators by the governmental agency having jurisdiction as authorized by Section 23.33 (11)(a), Wisconsin State Statutes. County Highway designation as a Route is under the authority of the Highway Committee.

History: Created, Ordinance 602, 10/31/2012

(17) UTV trails. Includes all UTV trails that have been designated by the County Snowmobile, ATV and UTV Coordinator or Forestry and Recreation Committee.

History: Created, Ordinance 602, 10/31/2012

(18) UTV Trail System. A marked corridor on public property or on private lands, subject to public easement or lease, designated for use by utility terrain vehicle operators by governmental agency having jurisdiction, but excluding roadways, except those roadways which have been designated as UTV Routes. UTV usage of the county winter trail system may be authorized by the Forestry & Recreation Committee with consensus of the Taylor County Snowmobile Clubs Council and public and private landowners and will run concurrent with the official opening and closing dates for both ATV’s and UTV’s.

History: Created, Ordinance 602, 10/31/2012

44.02 RESTRICTED USES OF SNOWMOBILES, ATV’S AND UTV’s.

History: Amended, Ordinance 602, 10/31/2012

(1)

History: Repealed, Ordinance 483, 1/16/2002

(2)

History: Repealed, Ordinance 483, 1/16/2002

(3)

History: Repealed, Ordinance 483, 1/16/2002

(4)

History: Repealed, Ordinance 483, 1/16/2002

(5)

History: Repealed, Ordinance 483, 1/16/2002

44.03 RESTRICTED USE OF SNOWMOBILE, ATV AND UTV TRAILS.

History: Amended, Ordinance 602, 10/31/2012 Chapter 44 – County Snowmobile/All-Terrain Vehicle (ATV)/Utility Terrain Vehicle (UTV) Regulations Page 5 of 9

(1) No person shall drive an off-highway vehicle on any approved snowmobile, ATV or UTV trail between the 1st Monday after the close of deer rifle season of each year and April 15 of the following year without the written permission of the County Snowmobile, ATV and UTV Coordinator, except for law enforcement officials, club trail maintenance activities or private landowner's use of their property.

History: Amended, Ordinance 602, 10/31/2012

(2) No person shall operate any snowmobile, ATV or UTV on any approved snowmobile, ATV or UTV trails until officially opened by the County Snowmobile, ATV and UTV Coordinator, except for law enforcement officials, club trail maintenance activities or private landowner's use of their property.

History: Amended, Ordinance 602, 10/31/2012

(3) No person shall operate any snowmobile, ATV or UTV on any approved snowmobile, ATV or UTV trails after such trail is officially closed by the County Snowmobile, ATV and UTV Coordinator, except for law enforcement officials, club trail maintenance activities or private landowner's use of their property.

History: Amended, Ordinance 602, 10/31/2012

(4) No person shall drive a snowmobile, ATV or UTV on any land under the supervision, management or control of the County Forestry Department or County Highway Department that is posted as "closed".

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(5)

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012 Amended, Ordinance 605, 4/16/2013 Repealed, Ordinance 662, 1/28/2019

(6) No person shall deface, destroy, remove or possess any snowmobile, ATV or UTV sign posted on any approved snowmobile trail, as stated in Chapter 23, Wisconsin State Statutes.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(7) Landowners who permit snowmobile, ATV or UTV use on their property under Section 895.52, Wisconsin State Statutes, shall notify the Snowmobile, ATV or UTV Coordinator if they intend to travel or allow travel on that portion of the approved snowmobile, ATV and UTV trail that traverses their property with a vehicle other than a snowmobile, ATV or UTV. Chapter 44 – County Snowmobile/All-Terrain Vehicle (ATV)/Utility Terrain Vehicle (UTV) Regulations Page 6 of 9

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(8) Holders of firewood cutting permits issued by the County Forestry Department shall not be permitted to travel on approved snowmobile, ATV or UTV trails located on the county forest after the Official Trail Opening and before the Official Trail Closing. Timber sale contractors are exempt from the above requirement when snowmobile, ATV or UTV trails are utilized for access to their timber sale area.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(9) No person shall leave any snowmobile, ATV, UTV or off-highway vehicle in an unsafe location or place any obstruction on the groomed portion of any approved snowmobile, ATV or UTV trails.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(10) Pedestrians using approved motorized trails must yield to all snowmobiles, ATV’s and UTV’s on such trails. Failure to yield shall be subject to penalty.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(11) No person shall operate a snowmobile, ATV or UTV on the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for snowmobile, ATV or UTV use.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(12) No person shall operate a snowmobile, ATV or UTV in a careless way so as to endanger the person or property of another.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(13) No person shall operate a snowmobile, ATV or UTV at a speed in excess of the posted limits.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(14) No person shall operate a snowmobile, ATV or UTV at a rate of speed that is unreasonable or improper under the circumstances where limits are not posted.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012 Chapter 44 – County Snowmobile/All-Terrain Vehicle (ATV)/Utility Terrain Vehicle (UTV) Regulations Page 7 of 9

(15) Operators of a snowmobile, ATV or UTV on approved snowmobile, ATV or UTV trails must stop and yield the right of way to other at all locations marked with an official red octagon stop sign.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(16) No person shall operate an ATV or UTV with tire chains on any approved snowmobile or all-terrain vehicle trail.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(17) No person shall throw, discard or leave any solid waste upon any portion of the approved snowmobile, ATV or UTV trail system or any adjacent public or private property.

History: Amended, Ordinance 483, 1/16/2002 Amended, Ordinance 602, 10/31/2012

(18) No person may manufacture, sell, rent or operate a snowmobile, ATV or UTV that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the Department of Natural Resources.

History: Amended, Ordinance 483, 1/16/2002 Repealed and Recreated, Ordinance 602, 10/31/2012

(19) No person shall operate an ATV or UTV on any approved snowmobile trail until 1-10 calendar days have passed after being officially opened for snowmobile use. The actual number of day(s) will be determined by the Taylor County Snowmobile, ATV and UTV Coordinator through consultations with the County Snowmobile Clubs Council. Subsequent trail openings in any given season warrant a waiting period.

History: Created, Ordinance 493, 12/5/2002 Amended, Ordinance 505, 3/4/2004 Amended, Ordinance 602, 10/31/2012

(20) No person may operate an ATV or UTV on approved snowmobile trails as determined by Taylor County Forestry and Recreation Department if the ambient temperature is above 28 degrees Fahrenheit.

History: Created, Ordinance 493, 12/5/2002 Amended, Ordinance 602, 10/31/2012

44.04 PENALTIES.

History: Amended and Renumbered, Ordinance 602, 10/31/2012

(1) Chapter 44 – County Snowmobile/All-Terrain Vehicle (ATV)/Utility Terrain Vehicle (UTV) Regulations Page 8 of 9

History: Repealed, Ordinance 602, 10/31/2012

(2)

History: Created, Ordinance 363, 6/95 Repealed, Ordinance 602, 10/31/2012

44.04 ADOPTION OF STATE STATUTES.

History: Renumbered, Ordinance 602, 10/31/2012

(1) Taylor County hereby adopts Chapters 23 and 350, Wisconsin State Statutes, unless specifically stated in this chapter, in which case the more restrictive law will apply.

History: Renumbered, Ordinance 602, 10/31/2012

(a) Counties, towns, cities and villages may enact ordinances regulating snowmobiles, ATV’s and UTV’s on all motorized trails maintained by or on all routes designated by the county, city, town or village.

History: Amended and Renumbered, Ordinance 602, 10/31/2012

(b) Any county, town, city or village may enact an ordinance which is in strict conformity with this section and rules promulgated by the department under this section, if the ordinance encompasses all aspects encompassed by this section, except as provided in Section 44.05(1), Taylor County Code.

History: Amended and Renumbered, Ordinance 602, 10/31/2012 Amended, Ordinance 605, 4/16/2013

(c) If a county, town, city or village adopts an ordinance regulating snowmobiles, ATV’s or UTV’s, in accordance with the provisions of Chapters 23 or 350, Wisconsin State Statutes, its clerk shall immediately send a copy of the ordinance to the department and to the office any law enforcement agency of the municipality or county having jurisdiction over any highway designated as a route.

History: Amended and Renumbered, Ordinance 602, 10/31/2012

(2)

History: Repealed, Ordinance 602, 10/31/2012

(3)

History: Repealed, Ordinance 602, 10/31/2012

(4)

History: Repealed, Ordinance 602, 10/31/2012 Chapter 44 – County Snowmobile/All-Terrain Vehicle (ATV)/Utility Terrain Vehicle (UTV) Regulations Page 9 of 9

(5)

History: Repealed, Ordinance 602, 10/31/2012

(6)

History: Repealed, Ordinance 602, 10/31/2012

(7)

History: Amended, Ordinance 371, 2/96 Repealed, Ordinance 602, 10/31/2012

44.05 PENALTIES.

History: Renumbered, Ordinance 602, 10/31/2012

(1) Penalties. The penalties for violating provisions of this ordinance are as set forth in Chapters 23 and 350, Wisconsin State Statutes.

History: Created, Ordinance 602, 10/31/2012

(2) Severability. If any provision of this section is held invalid, all remaining provisions of this section remain valid.

History: Created, Ordinance 602, 10/31/2012

(3) Adoption by Reference. Except as otherwise specifically provided in this chapter, all present and future provisions of Chapters 23 and 350, Wisconsin State Statutes, and rules promulgated by the Wisconsin Department of Natural Resources under Chapter 23, Wisconsin State Statutes, are hereby adopted and by reference incorporated into this chapter. Any act required to be performed or prohibited by a statute or rule adopted herein by reference is required or prohibited by this chapter.

History: Created, Ordinance 602, 10/31/2012