§ 7.10. ALL-TERRAIN VEHICLE AND UTILITY TERRAIN VEHICLE ROUTES. (Cr. #950; Rep. & recr. #955; Am. #1011)

(1)

The terms "ATV," "UTV," "operator" and "ATV route," shall be defined as provided by § 23.33, Wis. Stats.

(2)

All Dodge County Trunk Highways are approved ATV routes. All requests to open a specified segment by an individual or group of citizens who wish to sponsor the segment shall be submitted to the Highway Committee.

(3)

The Dodge County Highway Committee (the "Highway Committee") is authorized to open for use segments of Dodge County Highways as ATV routes, in accordance with the provisions of § 23.33 Wis. Stats., and the provisions of this Section, and shall maintain the official list of open segments and publish same on the Dodge County website.

(4)

A request to open specific segments shall be made on a form prescribed by the Highway Committee.

(5)

A sponsoring individual or group shall pay for the projected 10-year cost of procurement, installation, and maintenance of signs relating to such segment, as determined by the Dodge County Highway Department (the "Highway Department") after initial review of the request by the Highway Department. Signs shall include, at a minimum, approved signs designating the segment as an open ATV route, and signs indicating the speed limit for ATVs and UTVs if that limit is less than the speed limit for automobiles on the segment, and shall be posted at the beginning and end of each route segment. In addition, the Highway Department may specify additional signage requirements for all such segments. The Highway Department shall prepare an estimate of the cost of procurement, installation and maintenance of the signage over a projected period of 10 years and furnish such estimate to the sponsor. The calculation of the cost of procurement may take into account any in-kind contribution of signs made by the Sponsor and accepted by the Highway Department.

(6)

The Highway Department shall make a report and recommendation to the Highway Committee regarding any request for the opening of a segment of a county trunk highway as an ATV route. The report shall include information regarding the topography, traffic patterns and uses, and other information which may bear on the safety and appropriateness of the proposed designation, including information provided by the Dodge County Sheriff's Office. In addition, the report and recommendation shall include recommendations regarding:

(a)

Reduced speed limits for ATVs/UTVs within the segment; and

(b)

Time of day limitations (expressed in hours or with reference to daylight conditions) for ATV/UTV operation within the proposed ATV route;

(7)

A sponsor of a segment shall tender funds equal to the estimated cost of procurement, installation, and maintenance of the route signage prior to any approval of the Highway Committee of the request. Those funds shall be retained by the Highway Department and used to offset the cost of procurement, installation, and maintenance of signage on the ATV route segment. If the Highway Committee denies a sponsor's request for approval of a proposed ATV route, those funds shall be returned in full to the sponsor which tendered the funds.

(8)

The speed limit for ATVs and UTVs shall be established at not greater than 35 miles per hour or the speed limit for automobiles, whichever is lower, on all segments of county trunk highways designated as ATV routes.

(9)

The Highway Committee may, at a duly noticed meeting during which an opportunity is afforded for input and comment by members of the public, authorize opening segments of a County Trunk Highway as ATV routes, and may specify speed limits for ATVs/UTVs operating on such route, and time of day limitations on operation of ATVs/UTVs on such route. The opening of any segment of a County Trunk Highway located within an incorporated municipality shall not take effect until the governing body of such municipality has passed a resolution approving the same.

(10)

General Limitations. The following limitations apply on all county trunk highway segments opened as ATV routes:

(a)

Operators must abide by all traffic laws unless further restricted by this Section.

(b)

No ATV/UTV shall be operated at a speed greater than that established by the Highway Committee for the ATV route segment or the posted limit applicable to automobiles, whichever is lower.

(c)

ATVs/UTVs may be operated on paved surfaces only, unless yielding the right-of-way.

(d)

No ATV/UTV may be operated on any open route without fully functional headlights, tail-lights, and brake lights.

(e)

No ATV/UTV may be operated on any open route between the hours of 11:59 p.m. and 5:00 a.m. daily, unless a different restriction on hours of operation has been specified by the Highway Committee for the open segment of County Trunk Highway and notice of the same is duly posted on the segment.

(f)

All ATV/UTV operators shall ride in single file.

(g)

All ATV/UTV operators shall ride on the right hand side of the paved portion of the highway, unless making a left turn. Operation on the gravel shoulders, grassy in-slope, ditches, or other highway right-of-way is prohibited, unless yielding right-of-way.

(h)

No ATV/UTV may be operated on any open ATV route if the ATV/UTV does not meet all applicable Federal noise and air pollution standards.

(i)

No person under the age of 16 may operate an ATV/UTV on any open segment ATV route.

(j)

No person under the age of 18 may operate an ATV/UTV on any open segment ATV route unless wearing approved protective head gear.

(k)

Every person who operates an ATV/UTV on an open segment of County Trunk Highway shall have in his or her immediate possession a valid motor vehicle operator's license, and shall display the license document upon demand from any law enforcement officer or official described in § 23.33(12), Wis. Stats.

(11)

ATV Routes. (Am. #956; #964)

(a)

All County highways are designated ATV routes subject to approval of the Highway Committee opening the specified segment for use and the installation of proper signage. The Highway Department shall provide to the Sheriff's Office current records specifying those segments of County Trunk Highways which have been open for use and properly signed.

(b)

The Highway Committee may temporarily modify or suspend the use of any opened segment. In addition, the Dodge County Highway Commissioner (the "Highway Commissioner") may, without prior approval of the Highway Committee, modify or suspend any designation of an ATV route made under this Ordinance whenever emergency conditions so require, for up to 120 days.

(c)

In the event that the County Board of Supervisors takes an action rescinding or terminating this ordinance within 10 years of its initial adoption, the Highway Department shall refund to the sponsor of such designation any unexpended funds remaining of the funds tendered by such sponsor for the signage of such designation, less an administrative charge equal to 5% of the funds originally tendered.

(d)

Designated routes. The following segment(s) of the Dodge County Trunk Highway system are open for use and signed as ATV routes:

1.

Dodge County Trunk Highway I from Clarkson Road to Dahlman Road;

2.

Dodge County Trunk Highway I from Trophy Road to CHT T;

3.

Dodge County Trunk Highway BB from Hubbleton Road to Port Road;

4.

Dodge County Trunk Highway I from Yerges Road to CTH BB;

5.

Dodge County Trunk Highway II from Burr Oak Road to CHT TT;

6.

Dodge County Trunk Highway TT from CTH II to Breyer Road;

7.

Dodge County Trunk Highway T from Breyer Road to Elba Town Hall driveway - 1.3 mile;

8.

Dodge County Trunk Highway TT from CTH II to CTH BB - 0.8 mile;

9.

Dodge County Trunk Highway BB from CTH TT to Tamarack Road - 0.5 mile;

10.

Dodge County Trunk Highway J from Reeseville Village Limits to Seven Hill Road - 0.25 mile;

11.

Dodge County Trunk Highway G from CTH I to Park Avenue (Reeseville) - 1.3 miles;

12.

Dodge County Trunk Highway I from Maiden Lane to CTH G - 1.55 miles;

13.

Dodge County Trunk Highway GI from Baker Road to S. Kohn Road - 0.9 mile;

14.

Dodge County Trunk Highway G from Hubbleton Road to Crestview Drive - 0.3 mile;

15.

Dodge County Trunk Highway I and T from Sullivan Road to CTH I - 1.35 miles;

16.

Dodge County Trunk Highway II from CTH I to Burr Oak Road - 2.2 miles;

17.

Dodge County Trunk Highway I from CTH T to Yerges Road - 2.0 miles;

18.

Dodge County Trunk Highway TW from Bayview Road (south terminus) to STH 28 (east leg of tee) - 1.8 miles;

19.

Dodge County Trunk Highway TW from Wool Road to A Street (Kekoskee) - 1.5 miles;

20.

Dodge County Trunk Highway Y from Mayville City Limits to Madison Road - 0.35 mile;

21.

Dodge County Trunk Highway Z from Rockvale Road to CTH Y - 0.75 mile;

22.

Dodge County Trunk Highway I from Prospect Road south to a point 290 feet north of the centerline of STH 33 (N6923 CTH I) - 1.0 mile; (Cr. #968)

23.

Dodge County Trunk Highway T from Torpy Road to Witt Lane, approximately 0.62 miles; (Cr. #1000)

24.

Dodge County Trunk Highway TT from Breyer Road to Ghost Hill Road, approximately 1.40 miles; (Cr. #1000)

25.

Dodge County Trunk Highway J from Meadow Road to a point 0.21 miles west of the centerline of CTH G, approximately 1.90 miles; (Cr. #1000)

26.

Dodge County Trunk Highway G from CTH GI to CTH I, approximately 1.52 miles; (Cr. #1000)

27.

Dodge County Trunk Highway GI from N. Kohn Road to CTH G, approximately 1.00 miles; (Cr. #1000)

28.

Dodge County Trunk Highway G from north Reeseville Village limits to Columbus Road, approximately 1.42 miles; (Cr. #1000)

29.

Dodge County Trunk Highway I from Well Road to Cole Road, approximately 0.11 miles; (Cr. #1000)

30.

Dodge County Trunk Highway I from a point 0.32 miles north of Lock Road to a point 0.15 miles west of the centerline of CTH A, approximately 3.33 miles; (Cr. #1000)

31.

Dodge County Trunk Highway KW from Lowell Village limits to Cole Road, approximately 1.42 miles; (Cr. #1000)

32.

Dodge County Trunk Highway JK from CTH KW to CTH K, approximately 1.62 miles; (Cr. #1000)

33.

Dodge County Trunk Highway K from CTH JK to STH 16/60, approximately 1.00 miles; (Cr. #1000)

34.

Dodge County Trunk Highway J from Reeseville Village limits to Elm Shade Road, approximately 8.62 miles; (Cr. #1000)

35.

Dodge County Trunk Highway DJ from Elm Shade Road to CTH E, approximately 1.61 miles; (Cr. #1000)

36.

Dodge County Trunk Highway E from CTH DJ to CTH MM, approximately 1.14 miles; (Cr. #1000)

37.

Dodge County Trunk Highway MM from CTH E to CTH EM, approximately 1.96 miles; (Cr. #1000)

38.

Dodge County Trunk Highway EM from CTH MM - west leg to CTH MM - east leg, approximately 0.34 miles; (Cr. #1000)

39.

Dodge County Trunk Highway MM from CTH EM to Center Street, approximately 1.07 miles; (Cr. #1000)

40.

Dodge County Trunk Highway TW from N. Bluemound Road to S. Bluemound Road - 0.24 miles; (Cr. #1007)

41.

Dodge County Trunk Highway AY from STH 28/67 to Mc Arthur Road - 0.89 miles; (Cr. #1007)

42.

Such other segments as the Highway Committee approves and opens for use. (Am. #1000; #1011)

(e)

Speed limit. These ATV routes shall have a 35 mph speed limit unless posted speed limits are lower, then the lower speed limit shall apply 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.

(12)

Route Signs.

(a)

No County Trunk Highway or segment thereof shall be used as an ATV/UTV route until approved by the Highway Committee and properly signed as provided herein.

(b)

All required route signs shall be installed and maintained by the Highway Department.

(c)

All signs posted shall be in compliance with Federal and State Statutes.

(d)

No person may erect, remove, obscure, or deface any official designated route sign unless authorized by the Highway Commissioner.

(e)

No person shall operate an ATV/UTV contrary to any authorized and official posted sign.

(13)

Enforcement.

(a)

This Section shall be enforced by any officer employed by the Dodge County Sheriff's Office (the "Sheriff's Office") or any other law enforcement official as set forth in § 23.33(12), Wis. Stats., and Dodge County Section 7.21.

(b)

Nothing in this Section shall prohibit any law enforcement officer or DNR warden from proceeding under any other ordinance, regulation, statute, law or order that pertains to the subject matter addressed under this Section.

(14)

Penalties. Operation of an ATV/UTV in violation of any provision of this Section shall result in forfeiture pursuant to Dodge County Code of Ordinances Sections 7.01 and 7.20, and subject to the enforcement procedures set forth in Dodge County Code of Ordinances Section 7.21. The penalty for operation of an ATV or UTV in violation of any provision of this Ordinance for which a penalty is not otherwise specified shall be a forfeiture of $30.00 plus the costs and fees imposed under Ch. 814, Wis. Stats.

(15)

Maintenance. Designation of segments of the Dodge County Highway System as ATV/UTV routes does not impose upon the Highway Department a greater duty of care or responsibility for maintenance of those open segments than for any other segment of county highway. Operators of ATV/UTV's on county highways assume all the usual and normal risks of ATV/UTV operation.