TOWN OF LOWELL
DODGE COUNTY, WI
ORDINANCE 2018-1
AN ORDINANCE DESIGNATING ALL-TERRAIN VEHICLE AND UTILITY-TERRAIN VEHICLE ROUTES AND REGULATING THE OPERATION OF ALL-TERRAIN VEHICLES AND UTILITY TERRAIN VEHICLES
Section I – Intent
The Town of Lowell, Dodge County adopts the following all-terrain vehicle (ATV) and utility-terrain vehicle (UTV) route for the operation of all-terrain vehicles and utility-terrain vehicles upon the roadways listed in Section III. This Ordinance is intended to update Ordinance 2016-3, which is a prior Town Ordinance on the same subject.
Following due consideration of the recreational value to connect trail opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, this route(s) has been created.
Section II – Statutory Authority
This route is created pursuant to Town authority as authorized by 23.33 (8) (b), Wis. Stats. The applicable provisions of 23.33 regulating ATV/UTV operation pursuant to routes are adopted.
Section III – Routes
The following roads are designated as routes:
All official Town roads located within the Town of Lowell, but only if the road is signed in accordance with §23.33(8), Wisconsin Statutes. At the time of adoption of this Ordinance, the following Town Roads are signed: Quamme Road, Baker Road, North and South Kohn Roads, Maiden Lane Road, Seven Hill Road, Tamarack Road, Bobolink Road, Crossbill Road and Mud Lake Road. If additional roads are signed as described in Section IV.D., below, they are included automatically within the designated routes.
Section IV – Conditions
As a condition for the use of this route, the following conditions shall apply to all operators (and passengers);
- All ATV/UTV operators shall ride single file.
- These ATV/UTV routes shall have a speed limit based on posted speed limits within the township, and time of day limitations where no ATV/UTV operation shall be allowed between the hours of 11:59 p.m. and 5:00 a.m. on Town roads.
- All ATV/UTV operators shall slow the vehicle to a safe speed when operating within 100 feet of a pedestrian or horses.
- Routes must be signed in accordance with NR 64.12, and NR 64.12(7)c, Wisconsin Administrative Code. Quad County Runners will be responsible for all costs of all ATV/UTV and speed limit signs on all Town roads and for all costs of their proper installation and future maintenance. No Town roads shall be signed unless Quad County Runners first obtains the written approval of Town of Lowell Town Board.
- No person may do any of the following in regard to signs marking town all-terrain vehicle and utility terrain vehicle routes:
- Intentionally remove, damage, deface, move or obstruct any ATV/UTV route or trail signs or intentionally interfere with the effective operation of signs if the sign is legally placed by the state, municipality or any authorized individual.
- Possess any uniform ATV/UTV route or trail sign of the type established for the warning, instruction or information to the public, unless he or she obtained the route or trail sign in a lawful manner. Possession of an ATV/UTV route or trail sign creates a rebuttable presumption of illegal possession.
- Operation shall be subject to all provisions of s.23.33, Wis. Stats., which is adopted as part of this ordinance by reference, pursuant to s. 23.33 (11), Wis. Stats.
- A copy of this ordinance shall be sent to the Department of Natural Resources, the State of Wisconsin traffic patrol, and the Dodge County Sheriff’s Department.
Section V – Enforcement
This ordinance shall be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin.
Section VI – Penalties
Wisconsin state All-Terrain Vehicle and Utility-Terrain Vehicle penalties as found in s. 23.33 (13) (a) Wis. Stats., are adopted by reference.
Section VII – Severability
The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific Section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, Sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.
Section VIII – Reserved Authority
The Town of Lowell Town Board reserves the right to repeal this Ordinance and prevent all use of ATVs and UTVs on Town of Lowell Town roads, at any time with or without cause.
Section IX – Repealer
Town of Lowell Ordinance 2016-3 is hereby repealed and is replaced by this Ordinance. The provisions of this Ordinance, to the extent that they are substantively the same as those of the ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. In addition, the adoption of this ordinance shall not affect any action, prosecution or proceeding brought for the enforcement of any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance for the time that such provision was in effect, and the repeal of any such provisions is stayed pending the final resolution of such actions, including appeals
Section X – Effective Date
This ordinance becomes effective upon passage by the Town Board and posting and erection of required signs.
Passed this 13th day of February, 2018
Town of Lowell Chairman John Schmitt
Supervisor Greg Caine
Supervisor David Huebner
Attest: Clerk Susan L. Caine