Number
170819
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. PEREZ
Title
A substitute ordinance relating to the operation of all-terrain vehicles on city streets.
Sections
101-1-2 am
Analysis
This ordinance adopts Wisconsin state laws regulating the operation of all-terrain vehicles.
Body
Whereas, The operation of all-terrain vehicles is regulated under the Wisconsin State conservation code at s. 23.33, Wis. Stats.; and
Whereas, Under s. 23.33(4)(b), Wis. Stats., no person may operate an all-terrain vehicle or utility terrain vehicle on a highway (any public road) except as authorized under certain exceptions; and
Whereas, Under State law, one such exception is that a person may operate an all-terrain vehicle or utility terrain vehicle with a snow removal device attached on a roadway or adjacent to a roadway or on a public sidewalk during the period beginning on October 1 and ending on April 30 of each year for the purpose of removing snow if such operation is necessary to travel to or from a site where the snow removal device will be used; and
Whereas, The travel necessary to or from the site may not exceed 2 miles, and operation of such an all-terrain vehicle or utility terrain vehicle on a roadway or adjacent to a roadway is authorized only if the applicable roadway speed limit is 45 mph or less; and
Whereas, Under State law, another such exception is that a person may operate an all-terrain vehicle or utility terrain vehicle on roadways which are designated as all-terrain vehicle routes; and
Whereas, The City of Milwaukee has not designated any all-terrain vehicle routes on highways within the city limits; and
Whereas, Under State law, another such exception is that a person may operate an all-terrain vehicle or utility terrain vehicle on a roadway if the all-terrain vehicle or utility terrain vehicle is an implement of husbandry, is being used exclusively for agricultural purposes and is registered for private use; and
Whereas, Under State law, any person who violates s. 23.33(4)(b), Wis. Stats., shall forfeit not more than $250; and
Whereas, Adoption of s. 23.33, Wis. Stats., into the Milwaukee Code of Ordinances permits the Milwaukee Police Department to issue citations for violations to the Milwaukee Municipal Court rather than the Wisconsin Circuit Court; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-1-2 of the code is amended to read:
101-1. Title and Adoption of State Laws.
2. ADOPTION OF STATE LAW.
The city of Milwaukee adopts >>s. 23.33 and <<chs. 340, 341, 342, 343, subch. 6 of ch. 344, 345, 346, 347, 348, 349, 941.01 and 941.03, Wis. Stats., and all subsequent amendments thereto defining and describing regulations with respect to vehicles and pedestrians and traffic for which the penalty is a forfeiture only, including but not limited to provisions for stipulation, conditions of deposit or bail, penalties unless another provision for such penalties, provisions for stipulation, conditions of deposit or bail is provided in this chapter.
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
Dana J. Zelazny
LRB169749-2
October 23, 2017