TOWN OF SAMPSON
ATV ORDINANCE
#1-1999
An
ordinance to regulate the usage of all-terrain vehicles, to designate
all-terrain vehicle routes and trails, and to provide penalties for violation
of the ordinance adopted in accordance with Section 23.33, Wisconsin Statutes.
(1)
PREAMBLE. It is the intent of this ordinance to create
all-terrain vehicle routes for the convenience of Town residents and visitors
to the Town of Sampson and to regulate all-terrain vehicle operation in
accordance with Wisconsin Statutes and Administrative Code provisions.
(2)
AUTHORITY. The Town Board of the Town of Sampson has the
specific authority, powers, and duties pursuant to the statutory provisions
noted in this ordinance and/or by its adoption of Village Board Powers under
Sections 60.10 and 23.33, Wisconsin Statutes, to regulate, control, prevent and
enforce against in the Town of Sampson certain uses, activities, and operations
by persons that may affect all-terrain use and traffic in the Town of Sampson,
and has the power to designate all- terrain routes and trails by Section 23.33,
Wisconsin Statutes.
The provisions of this ordinance
shall apply to all of the roadways in the
Town of Sampson, Chippewa County,
within the jurisdiction of the Town
Board. The provisions of this
ordinance shall be enforced by the
Chippewa County Sheriff's Department
and such other officers as may be
allowed by law.
(3)
State
All-Terrain Vehicle Laws Adopted. Except as specifically noted otherwise in
this ordinance, Section 23.33, Wisconsin Statutes, describing and defining
regulations with respect to all-terrain vehicles and all-terrain vehicle
traffic for which the penalty is a forfeiture, including penalties to be
imposed and procedures for prosecution, are hereby adopted and incorporated by
reference by the Town of Sampson and made a part of this ordinance as if fully
set forth herein. Any future amendments, modifications, revisions, additions,
or deletions of the above noted statutory chapter shall be incorporated herein
and made a part of this ordinance in order to secure uniform State regulation
of all-terrain use and traffic on the public highways, roads, all-terrain
vehicle routes, all-terrain vehicle trails, streets, and alleys of the State of
Wisconsin.
(4)
Application
of Rules of the Road to All-Terrain Vehicles. The operator
of an all-terrain vehicle upon :a roadway shall in addition to the provisions
of Section 23.33, Wisconsin Statutes, be subject to Sections 346.04, 346.06,
346.11, 346.14(1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33,
346.3 5, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(1)(b),
346.51, 346.52, 346.53, 346.54, 346.55, 346.71, 346.87, 346.88, 346.89, 346.90,
346.91, 346.92(1), and 346.94(1) and (9), Wisconsin Statutes.
(5)
Speed
Restrictions. The
Town of Sampson has specifically adopted the Wisconsin Statutes, including the
provisions set forth at Section 23.33(3) (i), which
indicate that no person may operate an all-terrain vehicle in a manner which
violates rules promulgated by the Department.
The Town of Sampson specifically adopts Wisconsin Administrative Code
Section NR64.07, which provides that no person may operate an all-terrain
vehicle at a rate of speed that is
unreasonable
or improper under the circumstances. The Town Board further finds and
determines that the all-terrain vehicle routes and trails as adopted by
this ordinance are unsuitable for travel of all-terrain vehicles of 40 miles
per hour.
(6)
Age
Restrictions. While the Town Board recognizes the
restrictions with respect to operator’s age in Wisconsin Statutes may not be
varied by Town Ordinance, the Town of Sampson Town Board hereby determines and
suggests to the public that Town all-terrain vehicle trails and all terrain
vehicle routes not be used by any individuals who do not hold a valid drivers
license unless such persons are accompanied by a parent or adult person.
(7)
All-Vehicle
Routes. All
Town roadways, subject to the jurisdiction of the Town of Sampson are
designated as all-terrain vehicle routes and are open to use when signed in
accordance with Section 23.33, Wisconsin Statues and NR64.12, except such
roadways as are exempted by Town Board Resolution and which may be revised from
time to time.
(8)
Penalties. (A)Any person, partnership,
corporation, or other legal entity that fails to comply with the provisions of
this ordinance shall, upon conviction, be penalized by the Town of Sampson
Penalties Ordinance 1-2007.
(9)
Filing. This
Ordinance and revisions thereof shall be filed with the Department of Natural
Resources in the office of the law enforcement agency of this Township having
jurisdiction over the streets and highways in accordance with Section 22.23 of
the Wisconsin State Statutes.
(10)
Severability. The
provisions of this ordinance shall be deemed severable and it is expressly
declared that the Town Board would have passed other provisions of this
ordinance irrespective of whether or not one or more provisions may be declared
invalid. If any provision of this
ordinance or the application to any person or circumstances is held invalid,
the remainder of the ordinance and the application of such provisions to other
persons or circumstances shall be affected.
This Ordinance shall be effective upon passage and
publication as provided by law.
Dated at New Auburn, Wisconsin this 1st day of
February 1999.
By order of the Sampson Town Board,
Chippewa County WI
Michael North, Town Chairman
Clyde Richardson, Supervisor
Donald Pestle, Supervisor
Attest: Veda Reed, Town Clerk
Adopted:
1 Feb 1999
Published: 10 Feb 1999
Amended:
3 November 2008