Number
130118
Version
ORIGINAL
Reference
Sponsor
ALD. COGGS
Title
An ordinance relating to the operation of utility terrain vehicles on sidewalks.
Sections
101-35 cr
Analysis
This ordinance permits the operation of a utility terrain vehicle on a public sidewalk when such operation is related to the conduct of property maintenance activities, including but not limited to landscaping, lawn mowing, litter or graffiti removal, or snow or ice removal. Under state statutes, a "utility terrain vehicle" is defined as either of the following:
1. A motor-driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:
a. A net weight of less than 2,000 pounds.
b. Four or more low-pressure tires.
c. A cargo box installed by the manufacturer.
d. A steering wheel.
e. A tail light.
f. A brake light.
g. Two headlights.
h. A width of not more than 65 inches.
i. Seats for at least 2 occupants, all of which seating is designed not to be straddled.
j. A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
k. A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.
2. A motor driven device that has a net weight of more than 900 pounds, that is originally manufactured with a width of 50 inches or less, that is equipped with a seat designed to be straddled by the operator, and that is designed by the manufacturer to travel on 3 or more low-pressure tires.
Body
Whereas, Section 346.94(1), Wis. Stats., prohibits the driving of a vehicle upon a sidewalk except when one or more of the following is true:
1. The vehicle is an all-terrain vehicle or utility terrain vehicle with a snow removal device attached and is being operated during the period beginning on October 1 and ending on April 30 for the purpose of removing snow and operation on the sidewalk is necessary to travel to or from a site where the snow removal device will be used.
2. The sidewalk is an all-terrain vehicle route.
3. The driving upon a sidewalk occurs at a permanently or temporarily established driveway.
4. Driving upon a sidewalk is permitted by local authorities.
; and
Whereas, The Common Council finds that it would be beneficial to business improvement districts and other community-based organizations engaged in neighborhood improvement activities (litter removal, property maintenance, landscaping, etc.) to permit the operation of utility terrain vehicles on sidewalks in the city of Milwaukee; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-35 of the code is created to read:
101-35. Operation of Utility Terrain Vehicles on Sidewalks. The operation of a utility terrain vehicle, as defined in s. 23.33(1)(ng), Wis. Stats., on a public sidewalk shall be permitted when such operation is related to the conduct of property maintenance activities, including but not limited to landscaping, lawn mowing, litter or graffiti removal, or snow or ice removal.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Drafter
LRB145899-1
Jeff Osterman
05/03/2013