Regular Town Board Meeting — Documents

ORDINANCE # 05-2025-1 TOWN OF NEW GLARUS, GREEN COUNTY REGULATION OF ATV/UTV OPERATION AND DESIGNATION OF ROUTES 1. Purpose The Town of New Glarus has determined the need to amend the Town Code of Ordinances to regulate utility-terrain vehicles (UTV), as well as all-terrain vehicles (ATV) and to provide regulations on the use of such vehicles in the Town of New Glarus as allowed by WI Stat §23.33 and to designate specific routes such vehicles are to take within the Town. The purpose of this ordinance is to promote the health and safety of the community and the motoring public accessing public highways in the Town of New Glarus. Further, it is the intention of the Town, by enactment of this ordinance, to require operators to operate safely in the Town for the health, safety, and welfare of the public. 2. Authority and General Regulation The Town Board of the Town of New Glarus, Green County, Wisconsin (“Board”) has the specific authority to adopt ATV/UTV Routes and Regulations Ordinance under Wis. Stat. § 23.33 (11) (11), and Green County Ordinances Title 8 Chapter 2. The Board retains the right to close any Town Road to ATV/UTV operation for any reason, including but not limited to weather conditions, emergencies, special events, unlawful use, and road construction or repair. Said closures of Town Roads to ATV/UTV use may occur without prior notice. Chapter 8-2 of the Green County Code of Ordinances is incorporated by reference into this Ordinance. This Ordinance shall be construed consistently with the Green County ordinance. 3. Routes All roads in the Town of New Glarus will be open for use by All Terrain Vehicles and Utility Terrain Vehicles. All authorized ATV/UTV routes shall be signed in accordance with Wis.Stat. §23.33(8) (e ) . The Town, or its designee, shall maintain all route signs within the Town. Any restrictions on authorized routes shall be adopted by majority vote of the Town Board and shall be marked and/or signed accordingly. 4. Requirements for Operation of ATV/UTV’s The following restrictions apply to the operation of ATV’s and UTV’s on all Town of New Glarus (Town) roads designated as ATV/UTV routes: A. Operators shall abide by all traƯic laws, including the rules of operation and equipment requirements contained in Wis. Stat. §23.33 and Wis. Adm. Code Ch. NR 64, unless further restricted by this chapter. B. ATV’s and UTV’s may be operated on an approved ATV/UTV route only between the hours of 4:00 a.m. to 10:00 p.m. C. ATV’s and UTV’s shall be operated at a safe and prudent speed not to exceed 35 miles per hours unless a reduced speed is otherwise required by law or roadway conditions. D. All ATV and UTV operators shall slow to a safe and prudent speed when there are bicyclists, people or animals on or near the roadway. E. The hours of operation and speed limit will be posted on Town ATV/UTV Routes, on signs paid for by the route sponsors. F. All ATV’s and UTV’s must operate with fully functional headlights, taillights, and brake lights. All ATV and UTV operators shall ride in single file on the extreme right- hand side of the paved portion of the highway. Operation on adjacent private property without permission, the gravel shoulders, grassy in-slope, ditches, or other highway right-of-way is prohibited. Left turns may be made from any part of the highway when it is safe given prevailing conditions. G. No operator shall cross any public road or highway except where no obstruction prevents a quick and safe crossing. “Obstruction” shall include but is not limited to any object or condition that impairs the operator’s view or creates a potentially hazardous roadway condition. H. No person under the age of 16 may operate an ATV or UTV on any road or highway within the Town of New Glarus. I. Every operator shall have in his or her immediate possession a valid motor vehicle operator’s license and shall display the license document upon demand from any law enforcement oƯicer, state patrol oƯicer, inspector under Wis.Stat. § 110.07(1), conservation warden, or municipal peace oƯicer. J. No person may ride in or on any part of an ATV or UTV that is not designated or intended to be used by passengers. K. No operator or passenger of an ATV or UTV may possess, in or on an ATV or UTV on any Town road, any bottle or receptacle containing alcohol beverages if the bottle or receptacle has been opened, the seal has been broken, or the contents of the bottle or receptacle have been partially removed or released. L. All ATV and UTV operators shall carry a motor vehicle liability policy that complies with Sec. 344.33 of the Wisconsin Statutes. M. No person may operate an ATV or UTV after sunset or before sunrise without functioning directional signal lamps on both the front and back of the ATV or UTV. 5. Enforcement A. This ordinance shall be enforced by any law enforcement oƯicer authorized to enforce the laws of Green County and/or the State of Wisconsin. B. Consistent with the Wis.Stat. §23.33 (11) (b), the Town Clerk shall immediately send a copy of the ordinance to the Department of Natural Resources, the Wisconsin State Highway Patrol, and to the Green County SheriƯ’s Department. 6. Penalties Wisconsin State ATV/UTV penalties as found in Wis. Stat. §23.33 (13) (a) are adopted by reference and made part of this ordinance. 7. Severability If any provision of this ordinance or its application to any person or circumstances is held invalid, the invalidity does not aƯect other provision or application of this ordinance that can give eƯect without the invalid provision or application, and to this end the provisions of this ordinance are severable. 8. EƯective Date This ordinance shall be eƯective one day after is publication or posting as required by law. This ordinance was adopted by the Town Board of Supervisors of the Town of New Glarus at a regular meeting on the _________day of _______________, 2025, by a vote of ______aye and _____nay. ____________________________________ _________________________________ Chair, Chris Narveson Matt StreiƯ, Supervisor ____________________________________ _________________________________ Dan Gartzke, Supervisor Mark Pernitz, Supervisor ____________________________________ _________________________________ Troy Pauli, Supervisor Attested: Margo A. McMicken Clerk Treasurer