§ 90-203. All-terrain vehicles

(a)

Definition. "All-terrain vehicle (ATV)" has a meaning set forth in § 340.01(2g), Wis. Stats., which is adopted hereby by reference.

(b)

State traffic laws adopted. Except as otherwise specifically provided in this chapter, the statutory provisions of §§ 340.01(2g) and 23.33, Wis. Stats., and ch. NR 64, Wis. Adm. Code, describing and defining regulations with respect to all-terrain vehicles for which the penalty is a forfeiture only, including penalties to be imposed and procedures for prosecution, are adopted by reference and made part of this section as if fully set forth in this section, and shall specifically apply to the operation of all-terrain vehicles in the Village of Kewaskum. Any act required to be performed are prohibited by references required are prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated in this section are intended to be made part of this section. For purposes of this Code, such adopted statutes may be prefixed by the number 7.

(c)

All-terrain vehicle use area is a permitted use as to that portion of the Eisenbahn State Trail located within the village limits. If use of the Eisenbahn State Trail or a portion of the trail is opened to ATV use by the Wisconsin Department of Natural Resources and its operating agent, the planning, conservation and parks committee of Washington County, then that portion of that corridor located within the village limits is adopted as the sole and exclusive use area for operation of all-terrain vehicles within the village limits.

(d)

Additional regulations.

(1)

Speed. No person shall operate an all-terrain vehicle upon the trail designated in subsection (c) of this section, at a speed in excess of the posted limit or ten miles per hour, whichever is lower.

(2)

Hours of operation. No person shall operate an all-terrain vehicle within the village between 2:00 a.m. and 6:00 a.m., except upon a public highway as authorized by statute and this section or for the purpose of gaining access to or leaving such highway. The hours of operation as spelled out in this subsection do not affect the curfew hours for minors as stated in section 62-76.

(e)

Operation permitted. No person shall operate an all-terrain vehicle within the village except for loading the vehicle onto a trailer while on the owner's private property, on that portion of the Eisenbahn State Trail as designated in subsection (c) above, one sole exit from the Eisenbahn Trail at 890 and 900 Fond du Lac Avenue to cross U.S. Highway 45 for access to lodgings located at 900 Prospect Street for direct immediate access on the marked snowmobile trail, (if permission is granted by private property owners at 890 Fond du Lac Avenue, 900 Fond du Lac Avenue and 900 Prospect Street) and for purposes of obtaining immediate access to the authorized trail as posted in River Hill Park, at the south end of Parkview Drive and at the trail intersection on Main Street.

(Ord. No. 10-02, § 1, 2-15-10; Ord. No. 13-01, § 1, 3-18-13)