ALL-TERRAIN VEHICLE AND UTILILITY TERRAIN VEHICLE ROUTES ORDINANCE NO. 2023-01

TOWN OF HUNTER

SAWYER COUNTY, WISCONSIN

ALL-TERRAIN VEHICLE AND UTILILITY TERRAIN VEHICLE ROUTES

ORDINANCE NO. 2023-01

SECTION I – TITLE AND PURPOSE

The title of this ordinance is the Town of Hunter All-Terrain Vehicle (‘All-Terrain Vehicle’ will be identified as ATV throughout the rest of this ordinance) and Utility Terrain Vehicle Routes (‘Utility Terrain Vehicle’ will be identified as UTV throughout the rest of this ordinance).

The purpose of this ordinance is to establish All-Terrain Vehicle and Utility Terrain Vehicle routes in the Town of Hunter and to regulate the operation of All-Terrain Vehicle and Utility Terrain Vehicle on these routes.

All town roads not included in this ordinance are closed to All-Terrain Vehicle and Utility Terrain Vehicle traffic.

SECTION II – AUTHORITY

The Town of Hunter Board of the Town of Hunter, Sawyer County, Wisconsin, has 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 & UTV routes in the town and to provide for the regulation of the use of ATV & UTV routes in the town.

SECTION IV – OPERATION OF ATV’S & UTV’S

Pursuant to s. 23.33(4)(d)4, Wis. stats., except as otherwise provide 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 & UTV routes by this ordinance. Operation of ATV’s & UTV’s on a roadway in the town that is an ATV & 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 AND UTILITY TERRAIN VEHICLE ROUTES

  1. The following routes are designated ATV & UTV routes in the Town:
  1. River Road – south from County Road B to its end
  2. Part of Mc Gilligan Road – west from River Road 0.48 miles ending at fire #9126
  3. Fiorelli Road – east from River Road to its end
  4. Johnson Road – east from River Road to its end
  5. Toutant Road – west from River Road it its end
  6. Clements Road – east from River Road to its end
  7. Deerfoot Road – west from River Road to its end
  8. Conger Road – 1,795 feet – Town of Hunter section only
  9. Pine Knoll Road – .27 miles of the East West portion from Lake Shore Drive to its end
  10. Big Musky Road – west from County Road CC 0.3 miles to the start of Big Musky Resort
  11. Lesniak Road – south from Big Musky Road to its end
  12. Campfire Circle – west from Lesniak Road to its end
  13. County Road B from River Road to the Musky Tale Resort parking lot
  14. Sandy Point Road – north of County Road CC 1.4 miles
  15. Gardner Road – south of County Road CC 0.3 miles
  16. Pines Road – from County Road B to its end
  17. Treeland Road – from County Road B to its end
  18. Kelsey Road – west from County Road CC to its end
  19. Twin Bay Road – east from County Road CC to its end
  20. Oak Road – west from County Road CC to its end
  21. Reed Lake Road – north from Kelsey Road to its end

ATV & UTV routes will be clearly marked with signs designating beginning and ending as well as other directions as needed. Signage will be provided and installed by those interested parties requesting the ordinance. Roads that are not signed are understood to be closed to ATV & UTV traffic.

SECTION VI – CONDITIONS APPLICABLE TO ATV & UTV 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:

  1. Routes shall be marked with uniform ATV & UTV route signs in accordance with s. 23.33(8)(e), Wis. stats., and s. NR 64.12(7), Wisconsin Administrative Code. No person may do any of the following in regard to signs marking town ATV & UTV routes:
  1. Intentionally remove, damage, deface, move or obstruct any uniform ATV & UTV route or trail sign or standard or intentionally interfere with the effective operation of any uniform ATV & UTV 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 & UTV 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 & UTV route or trail sign or standard in a lawful manner. Possession of the uniform ATV & UTV route or trail sign or standard creates a rebuttable presumption of illegal possession.
  1. 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.
  2. A copy of this ordinance shall be sent by the town clerk to the Department of Natural Resources, the Sawyer County Sheriff’s Department and any other law enforcement agency serving the Town of Hunter’s jurisdiction.

SECTION VII – REGULATIONS

The Town of Hunter regulates the operation of ATV’s & UTV’s on designated routes as follows:

  1. ATV’ s UTV’s operators shall observe posted roadway speed limits.
  2. ATV & UTV operators shall ride single file.
  3. ATV & UTV operators shall slow the vehicle to 10 mph or less when operating within 150 feet of a dwelling.
  4. ATV & UTV operators shall yield the right-of-way to all other vehicular traffic and pedestrians.
  5. ATV & UTV operators and riders under the age of 18 must wear a helmet.
  6. Head lights shall be turned on and in working order at all times while operating the roadway.
  7. It is illegal to operate an ATV or UTV while under the influence of alcohol or drugs while traveling town roads.
  8. ATV & UTV operators must follow the Wisconsin ATV/UTV regulations not stated above.

SECTION VIII – ENFORCEMENT

This ordinance may be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin (and additionally as stated in the Town’s citation authority ordinance adopted per s. 66.0113 Wis. Stat.

SECTION IX – PENALTIES

The penalties as set forth in s. 23.33(13), as amended, are adopted by reference.

SECTION X – RELEASE OF LIABILITY

The Town of Hunter shall not be responsible for accidents and/or injuries incurred while operating an ATV or UTV on any designated ATV or UTC route within the Town of Hunter.

SECTION XI – 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 XII – EFFECTIVE DATE

This ordinance becomes effective upon passage and publication as required by law.

This ordinance shall repeal and replace any and all ATV & UTV route ordinances heretofore enacted by the Town of Hunter.

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

 

Adopted this 8th day of February, 2023.

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Laura Rusk, Chair

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James D Dier, Supervisor

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Russel D Clagett, Supervisor

Attest:

 

Patricia R Swaffield, Clerk