Dear Editor,

As a forty-five year property owner and resident in York Township living on York Center Road, I have been watching the recently proposed ATV/UTV ordinance steamroller with alarm.

Through four local meetings, one resulting in our own Plan Commission recommending against granting permission, an overwhelming number of residents have been consistent in their opposition, while non-residents, much fewer in number, have somehow been allowed to set the agenda and, inexplicably, no reasoning provided, been invited to submit an ordinance. Clearly, this makes no sense. It plainly ignores vehement and sustained local opposition. The word “tone-deaf” springs to mind.

Where does this disdain for local sentiment come from? Do the facts, abundantly explained and repeated to the Board, both orally and in writing, mean nothing? Among these warnings are the following: ATV and UTV vehicles are specifically NOT recommended for highway use by the manufacturers themselves. And indeed the manufacturers explicitly state their vehicles should be prohibited from use on public roads.

These off-road recreational vehicles are unstable and unsafe for use on paved highways. Driven on public roads they are obviously a danger. They are ill-equipped for the most basic road safety (limited size and speed, while brake lights and turn signals are usually non-standard equipment).

Additionally, their presence will expose the Town to unknown public signage issues, at least, and potentially other attendant liability risks of all kinds. Any possible future litigation suggesting the Town has engaged in “permitting misuse” is a flashing red light we need to heed.

Add to that, riders are often underage, unlicensed, helmetless, inexperienced, and prone to a joyride mentality, and, let’s face it, potentially inclined to alcohol consumption.

Are these numerous public risks something anyone wants to invite into our community, officially sanction, and then be responsible for regulating? Why would anyone want to voluntarily open the door to all kinds of unsafe unknowns and then usher them in with an officially sanctioned ordinance? And then be on the hook for enforcement. Are we to bow to the thoughtless few who are clearly blind to both personal and community risk?

We must soundly reject an unwelcome and unnecessary ordinance permitting the misuse and the danger of ATV/UTVs on our roads. A Public Hearing is scheduled as follows:

“PROPOSED - ORDINANCE #2022-2 ATV-UTV VEHICLE ROUTES & REGULATIONS

(PUBLIC HEARING 8/30/2022, 7:00 P.M.)

DRAFT – STATE OF WISCONSIN, Town of York, Green County

Ordinance # 2022-2, All-Terrain Vehicle and Utility Terrain Vehicle Routes and Regulations

A. INTENT. The intent of this ordinance is to establish routes and provide for the safe operation of ATVs and UTVs upon town roads Yankee Hollow, Gould Hill and Vinger.

B. AUTHORITY. The Town Board of the Town of York, Green County, Wisconsin, has the specific authority to adopt this All-Terrain Vehicle and Utility Terrain Vehicle Ordinance under s. 23.33(8)(b) and (11), Wis. Stats.

C. DEFINITION. All-terrain vehicle (ATV) — a commercially designed and manufactured motor-driven device that has a weight, without fluids, of 1000 pounds or less, has a width of not more than 50 inches as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle’s basic operation, is equipped with a seat designed to be straddled by the operator, and travels on three or more wheels. Utility terrain vehicle (UTV) — A commercially-designed and manufactured 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 weight, without fluids, of 3000 lbs. or less; Four or more tires; A steering wheel; A tail light, A brake light, Two headlights; A width of not more than 65 inches as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle’s basic operation; A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident; and 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.

ATV/UTV Route — shall have the meaning specified within Wis. Admin. Code NR 64.02 (2) which states: a highway or sidewalk designated for use by ATV and/or UTV operators by the governmental agency having jurisdiction.

D. DESIGNATION AND REGULATION OF ATV AND UTV ROUTES. 1) Adoption of State ATV and UTV Laws and Definitions: State ATV and UTV laws and definitions found in Wis. Stat. § 23.33 and Wisconsin Administrative Code NR 64 are adopted by reference and fully incorporated herein by reference, pursuant to Wis. Stat. § 23.33 (11)(a). 2) Routes: a. Any paved Town Road that is signed in accordance with NR 64.12 and NR 64.12(7)c (as those sections may hereafter be amended) may be used by ATVs and UTVs in accordance with such signage and as provided by the applicable portions of sec. 23.33 Wis. Stats. and this ordinance. Town roads approved as of September 2022 include only the following: Gould Hill Road, Yankee Hollow Road, and Vinger Road. b. The following roads within the limit of the Town of York cannot be used by ATVs or UTVs: 1. Any Town road not listed above. 2.All lettered County Highways (H, J, A) unless Green County opens portions of County Road A as connectors. 3. State Highways 78 and 39. 3) General Age and Safety Certification Requirements under Wis. Stat. § 23.33: a. No person under 16 may operate an UTV. b. No person under 12 may operate an ATV. All ATV operators at least age 12 and born on or after January 1, 1988, must possess a valid ATV safety certificate issued by this state or any other state or province. Operators must be in possession of this certificate while operating. All ATV safety certified operators age 12-15 must also be accompanied by an adult (subject to continuous direction or control, but not necessarily on same machine), while operating on a designated ATV route. c. All ATV/UTV operators and passengers under the age of 18 are required to wear a minimum DOT standard ATV or motorcycle helmet with the chin strap properly fastened. 4) Local Regulation: All ATV/UTV operators shall obey all State of Wisconsin laws regarding the operation of ATVs/UTVs and the following conditions: a. All ATV/UTV operators shall operate only on the roadway portion of any town road in the town unless it has been designated and properly signed, in accordance with Wisconsin Natural Resources Administrative Code NR 64.12(7)(c) as an ATV and/or UTV route, by this ordinance. b. ATV/UTVs may only be operated on an approved ATV/UTV route between ½ hour before sunrise and ½ hour after sunset. c. All ATV/UTV operators shall ride on the extreme right side of the pavement except that left turns may be made from any part of the roadway which is safe given prevailing conditions, but shall not operate on the shoulders or in the ditch. d. All ATV and UTV operators on any portion of a designated route shall not exceed 35 miles per hour, nor above any lesser speed where posted at a lower limit. e. All ATV and UTV operators shall slow to a safe and prudent speed when there are animals on or near the roadway. f. All ATV/UTV operators on any portion of a designated route shall be single file in a line of ATVs and/or UTVs arranged one behind another. g. All ATV/UTV operators on any portion of an established designated ATV or UTV route shall always display lighted headlights and taillights conforming to Wis. Stat. § 23.33 equipment requirements. h. All ATV/UTV machines operating on Town of York routes must be registered through WI DNR and display registered decals and plates. NOTE (Dual Registration requirement): Agricultural purpose registration is defined as “a purpose related to the transportation of farm implements, equipment, supplies, or products on a farm or between farms. This form of registration is valid during operation on public roads for agricultural purposes, but is not valid for operation on public, frozen waterways or public lands otherwise open to ATVs/UTVs. If you want to use your ATV or UTV recreationally as well, you may dual register it for public use also.” i. No ATV/UTV may be operated on any designed route unless such ATV/UTV meets all applicable State noise standards. - Section 23.33(6)(e), Stats., requires every ATV to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. Forest Service. Section 23.33(6m)(a), Stats., was created by Act 251 and prohibits ATVs from emitting noise above 96 decibels when tested according to rules promulgated by the department. NR 64.085 Refusal to allow testing. No operator or owner of any all–terrain vehicle may deny inspection or may refuse to operate his or her all–terrain in a manner prescribed by the law enforcement officer who reasonably suspects a violation of all–terrain equipment requirements found in s. 23.33, Stats. 5) Signage of ATV/UTV Routes: a. Routes shall be marked with uniform all-terrain vehicle route signs in accordance with s. NR 64.12(7), Wisconsin Administrative Code. All required designated route sign shall be paid for and maintained by any ATV/UTV club or donations, approved under the direction of the Town of York Board. The quantity and location of signage shall be reviewed and approved by the Town of York Board, where appropriate, placed at the beginning of an ATV/UTV route within the Township and such locations and intervals deemed necessary to enable the ATV/UTV operators to follow the route. No person may intentionally remove, damage, deface, move or obstruct any uniform ATV/UTV route sign. No person shall operate an ATV/UTV contrary to any authorized and official posted sign.

6) Enforcement: This ordinance shall be enforced by any law enforcement officer with jurisdictional authority to enforce the laws of the State of Wisconsin, within the Town of York, Green County.

7) Penalties: a. Any person who violates this ordinance shall forfeit $150.00-$2000.00, plus court costs. b. Nothing in this ordinance is intended to foreclose the enforcement of the provisions of state law with regard to ATV and UTV operation, specifically including Wis. Stat. § 23.33 in a court of competent jurisdiction.

E. SEVERABILITY. The provision of this ordinance shall be deemed severable, and it is expressly declared that the Town would have passed the other provisions of this ordinance irrespective of whether 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 the other person’s circumstances shall not be deemed affected.

F. NOTIFICATION OF ENFORCEMENT ENTITIES. The Town Clerk shall immediately send a copy of the ordinance to the Wisconsin Department of Natural Resources (WDNR), the state traffic patrol, and to the Green County Sheriff’s Department per Wis. Stat. § 23.33(11)(b).

G. EFFECTIVE DATE. This ordinance shall become effective upon its passage and publication according to law AND upon the installation of appropriate route signage as stipulated in Wis. Stat. § 23.33(8)(e) and NR 64.12 and NR64.12(7)c.”

Respectfully,

Chuck Bauer,

Blanchardville