ORDINANCE 2018-1

TOWN OF WEST SWEDEN

POLK COUNTY, WISCONSIN

ALL-TERRAIN VEHICLE/UTILITY TERRAIN VEHICLE ROUTE ORDINANCE

 

SECTION I – TITLE AND PURPOSE

The title of this ordinance is the Town of West Sweden All-Terrain Vehicle and Utility Terrain Vehicles, hereafter referred to ATVs and UTVs, Route Ordinance. The purpose of this ordinance is to establish ATV and UTV routes in the town and to regulate the operation of ATVs and UTVs in the town.

 

SECTION II – AUTHORITY

The Town Board of the Town of West Sweden, Polk County, Wisconsin, has the specific authority to adopt this All-Terrain Vehicle and 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 ATV and UTV routes in the town and to regulate the use of those routes and ATVs and UTVs in the town.

 

SECTION IV – OPERATION OF ALL-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 operate an ATV or UTV on the roadway portion of any highway in the town except on roadways that are designated as ATV and/or UTV routes by this ordinance. Operation of ATVs or UTVs on a roadway in the town that is an ATV and/or UTV 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 ROUTES

The following routes are designated ATV/UTV routes in the town:

160th Street from 300th Avenue to 310th Avenue

140th Street from County Road W to 310th Avenue

130th Street from County Road W to 310th Avenue

310th Avenue from 160th Street to Village of Frederic limits

310th Avenue from Village of Frederic limits to 120th Street.

120th Street from 310th to Clam Falls Drive.

Clam Falls Drive from 140th Street to 120th Street.

140th Street from Clam Falls Drive to 345th Avenue. 

345th Avenue from 140th Street to State Highway 35.

 

Condition for the Operation of ATV/UTV are on Designated Routes.  This ordinance does not prohibit ATV use within the Town of West Sweden using town roads not designated by the Town of West Sweden board to go from one location (home, business, etc.) to the closest direct route designated as ATV/UTV routes.  This ordinance prohibits any stops from beginning to ending locations to access approved ATV/UTV routes within the Town of West Sweden.

 

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 ATV/UTV routes designated by this resolution:

A. Routes shall be marked with uniform ATV 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 ATV routes:

1. Intentionally remove, damage, deface, move, or obstruct any uniform ATV route or trail sign or standard or intentionally interfere with the effective operation of any uniform ATV 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 ATV 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 ATV route or trail sign or standard in a lawful manner. Possession of a uniform ATV 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 Polk County Sheriff's Department and the department of natural resources.

D. Additional restrictions and applicable time periods, if any:

 All ATV operators shall observe 25 miles per hour speed limit.                                                                         

All ATV and UTV operators shall ride single file.

All ATV and UTV operators shall slow the vehicle to 10 mph or less when operating within 150 feet of a dwelling.

All ATV and UTV operators must have a valid driver’s license to operate on any ATV or UTV route. 

All ATV and UTV operators must have current registration and proof of insurance.

All ATV and UTV operators shall yield to the right-of-way to other vehicular traffic and pedestrians.

Allowable hours of operation for ATV and UTV route are 7am – 10pm.

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 provisions of this ordinance are severable.

SECTION X – EFFECTIVE DATE

This ordinance becomes effective upon passage and publication.

The town clerk shall properly publish this ordinance as required under s. 60.80, Wis. stats.

Adopted this 20th  day of February, 2018

 

Town Board of West Sweden

 

___________________________________

Simon Nelson, Chairman

 

 

___________________________________

Glenn Meier, Supervisor

 

 

___________________________________

Scott Wilder, Supervisor

 

Attest:

 

 

___________________________________

Phyllis Wilder, Municipal Clerk

 

 

 

Posted this 22nd day of February, 2018 on the town website, at the Town Hall, Bremer Bank and the Frederic Post office.

Phyllis Wilder, Municipal Clerk