ORDINANCE #10-2015-2
Ordinance Establishing ATV and UTV Routes in New Haven
State of Wisconsin
Town of New Haven
Adams County
Section 1—Title and Purpose
The title of this ordinance is the Town of New Haven All-Terrain and Utility Terrain Vehicle Route Ordinance. The purpose of this ordinance is to establish all-terrain and utility-terrain vehicle routes in the town and to regulate the operation of such vehicles in the town.
Section 2 – Authority
The Town Board of New Haven, Adams County, Wisconsin, has specific authority to adopt this All-Terrain and Utility-Terrain Vehicle Ordinance under s. 23.33(8)(b) and (11), Wis. Stats.
Section 3-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 and utility-terrain vehicle routes in the town and to regulate the use of those routes and all-terrain and utility-terrain vehicles in the town, designates all-terrain and utility-terrain vehicle routes in the town and provides for the regulation of the use of those routes and of all-terrain and utility-terrain vehicles in the town.
Section 4-Operation of All-Terrain and 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 operate an all-terrain vehicle and utility-terrain vehicle on the roadway portion of any highway in the town except on roadways that are designated as all-terrain and utility-terrain vehicle routes by this ordinance. Operation of all-terrain and utility-terrain vehicles on a roadway in the town that is an all-terrain and 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 5- Designation of All-Terrain and Utility Terrain Vehicle Routes
The following are designated all-terrain and utility-terrain vehicle routes in the town:
1) Beginning at the Marquette Co. line, West on Glen Lane and Golden Avenue and Golden Court to the point where Golden Court reaches the Boundary with the Town of Dell Prairie;
2) Second Lane from Hwy 23 North to Golden Court thence East on Golden Court and North on Third Ave. to the intersection with Golden Avenue;
3) First Lane from the Marquette County line thence North to Co. Rd. P;
4) First Lane from Co. Rd. P north to Gale Ave., west on Gale Ave to Second Court, south on Second Court to Gale Drive, west on Gale Drive to Fourth Lane, north on Fourth Lane to Gale Court, and continuing west on Gale Court and Gale Avenue to the boundary with the Town of Dell Prairie;
5) Third Avenue from Golden Avenue north to Co. Rd. P;
6) Third Lane from Co. Rd. P northwest to Gale Drive.
Section 6- 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 all-terrain and utility-terrain vehicle routes designated by this ordinance.
A. Routes shall be marked with uniform all-terrain and utility terrain vehicle route signs in accordance with s. NR64.12(7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking town all-terrain and utility-terrain vehicle routes:
1. Intentionally remove, damage, deface, move, or obstruct any uniform all-terrain and utility-terrain route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain and 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 and utility-terrain route or trail sign of 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 and utility-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain and 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 Department of Natural Resources, the Adams County Sheriff’s Department and any other law enforcement agency serving the Town of New Haven’s jurisdiction.
D. All-terrain and utility-terrain vehicle operators shall observe posted roadway speed limits.
E. All-terrain and utility-terrain vehicle operators shall ride in single file.
F. All-terrain and utility-terrain vehicle operators shall slow the vehicle to 10 mph or less when operating within 150 feet of a dwelling.
G. All-terrain and utility-terrain vehicle operators shall operate the vehicle in such a manner that they do not cause a nuisance to those living along the routes.
Section 7 Enforcement
This Ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
Section 8 Penalties
The penalties under s.23(13)(a), Wis. Stats., are hereby adopted by reference.
Section 9 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 of 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 10 Effective Date
This ordinance is effective on publication or posting. The town clerk shall properly publish this ordinance as required under s. 60.80, Wis. Stats.
Adopted this 15th day of October, 2015.
__________________________________ _________________________________
Tory Wofram, Town Chairman Bill Ebert, Supervisor
__________________________________ _________________________________
Adam Watson, Supervisor Attest: Kenneth Crothers, Town Clerk
Ordinance Establishing ATV and UTV Routes in New Haven
State of Wisconsin
Town of New Haven
Adams County
Section 1—Title and Purpose
The title of this ordinance is the Town of New Haven All-Terrain and Utility Terrain Vehicle Route Ordinance. The purpose of this ordinance is to establish all-terrain and utility-terrain vehicle routes in the town and to regulate the operation of such vehicles in the town.
Section 2 – Authority
The Town Board of New Haven, Adams County, Wisconsin, has specific authority to adopt this All-Terrain and Utility-Terrain Vehicle Ordinance under s. 23.33(8)(b) and (11), Wis. Stats.
Section 3-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 and utility-terrain vehicle routes in the town and to regulate the use of those routes and all-terrain and utility-terrain vehicles in the town, designates all-terrain and utility-terrain vehicle routes in the town and provides for the regulation of the use of those routes and of all-terrain and utility-terrain vehicles in the town.
Section 4-Operation of All-Terrain and 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 operate an all-terrain vehicle and utility-terrain vehicle on the roadway portion of any highway in the town except on roadways that are designated as all-terrain and utility-terrain vehicle routes by this ordinance. Operation of all-terrain and utility-terrain vehicles on a roadway in the town that is an all-terrain and 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 5- Designation of All-Terrain and Utility Terrain Vehicle Routes
The following are designated all-terrain and utility-terrain vehicle routes in the town:
1) Beginning at the Marquette Co. line, West on Glen Lane and Golden Avenue and Golden Court to the point where Golden Court reaches the Boundary with the Town of Dell Prairie;
2) Second Lane from Hwy 23 North to Golden Court thence East on Golden Court and North on Third Ave. to the intersection with Golden Avenue;
3) First Lane from the Marquette County line thence North to Co. Rd. P;
4) First Lane from Co. Rd. P north to Gale Ave., west on Gale Ave to Second Court, south on Second Court to Gale Drive, west on Gale Drive to Fourth Lane, north on Fourth Lane to Gale Court, and continuing west on Gale Court and Gale Avenue to the boundary with the Town of Dell Prairie;
5) Third Avenue from Golden Avenue north to Co. Rd. P;
6) Third Lane from Co. Rd. P northwest to Gale Drive.
Section 6- 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 all-terrain and utility-terrain vehicle routes designated by this ordinance.
A. Routes shall be marked with uniform all-terrain and utility terrain vehicle route signs in accordance with s. NR64.12(7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking town all-terrain and utility-terrain vehicle routes:
1. Intentionally remove, damage, deface, move, or obstruct any uniform all-terrain and utility-terrain route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain and 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 and utility-terrain route or trail sign of 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 and utility-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain and 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 Department of Natural Resources, the Adams County Sheriff’s Department and any other law enforcement agency serving the Town of New Haven’s jurisdiction.
D. All-terrain and utility-terrain vehicle operators shall observe posted roadway speed limits.
E. All-terrain and utility-terrain vehicle operators shall ride in single file.
F. All-terrain and utility-terrain vehicle operators shall slow the vehicle to 10 mph or less when operating within 150 feet of a dwelling.
G. All-terrain and utility-terrain vehicle operators shall operate the vehicle in such a manner that they do not cause a nuisance to those living along the routes.
Section 7 Enforcement
This Ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin.
Section 8 Penalties
The penalties under s.23(13)(a), Wis. Stats., are hereby adopted by reference.
Section 9 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 of 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 10 Effective Date
This ordinance is effective on publication or posting. The town clerk shall properly publish this ordinance as required under s. 60.80, Wis. Stats.
Adopted this 15th day of October, 2015.
__________________________________ _________________________________
Tory Wofram, Town Chairman Bill Ebert, Supervisor
__________________________________ _________________________________
Adam Watson, Supervisor Attest: Kenneth Crothers, Town Clerk