Ordinance Amendment to Chapter 15 – All-terrain vehicle (ATV) and utility-terrain vehicle (UTV) trail crossing and routes on highways.

            NOW, THEREFORE, THE SAUK COUNTY BOARD OF SUPERVISORS DOES ORDAIN AS FOLLOWS:

Section 1.  Any existing ordinances, codes, resolutions, or portions thereof in conflict with this ordinance shall be and hereby are repealed as far as any conflict exists.

Section 2.  This ordinance shall take effect the day after passage and publication as required by law.

Section 3.  If any claims, provisions or portions of this ordinance are adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

            Section 4. Section 15.008(3)(b) of the General Code of Sauk County, Wisconsin, is amended as follows [additions noted by underline, deletions noted by strikethrough]:

(3)    The following restrictions apply to operation of ATVs and UTVs on all County trunk highways designated as ATV/UTV routes:

(a)    Operators shall abide by all traffic laws, including the rules of operation and equipment requirements contained in Wis. Stats. § 23.33 and Wis. Admin. Code ch. NR 64, unless further restricted by this chapter.

(b)    ATVs and UTVs may only be operated on an approved ATV/UTV route between one-half hour before sunrise and one-half hour after sunset.

(cb)  ATVs and UTVs shall be operated on a route at a safe speed not to exceed 45 miles per hour unless a reduced speed is otherwise required by law or roadway conditions.

(dc)  All ATV and UTV operators shall slow to a safe and prudent speed when there are animals on or near the roadway.

(ed)  All ATVs and UTVs must operate with fully functional headlights, taillights, and brake lights.

(fe)   All ATV or UTV operators shall ride in single file on the extreme right-hand side of the paved portion of the highway. Operation on 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.

(gf)  Crossing should be made only at a place where no obstruction prevents a quick and safe crossing. "Obstruction" includes, but is not limited to, impairment of view and potentially hazardous roadway conditions.

(hg)  Every person who operates an ATV or UTV on any segment of a county trunk highway which is designated as an ATV/UTV route shall display the license document upon demand from any law enforcement officer, state patrol officer, inspector under Wis. Stat. § 110.07(1), conservation warden, or municipal peace officer.

(ih)   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.

(ji)    No operator or passenger of an ATV or UTV may possess, in or on an ATV or UTV on any County trunk highway, 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.

(kj)   All ATV and UTV equipment is required to have applicable liability insurance and have proof of insurance.