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Chapter 18 Ordinance No.2019-1

Ordinance Designating All-Terrain Vehicle and Utility-Terrain Vehicle Routes
and Regulating the Operation of All-Terrain and Utility-Terrain Vehicles

Section 1- lntent

The Town of Dewey, Portage County adopts the following All-Terrain Vehicle and Utility Vehicle
routes for the operation of All-Terrain Vehicles and Utility-Terrain Vehicles upon the roadways
listed in Section 3.

Following due consideration of the recreational value to connect route oppartunities and
weighted against possible dangers, public health, liability aspects, terrain involved, traffic
density and history af automobile traffic, these routes have been created.

Section 2 - Statutory Authority

These routes are created pursuant to Town authority under Section 1.1.01 as authorized by
23.33 (8) (e) 2 Wis. Stats.

The applicable provisions of 23.33 regulating ATV and UTV operatlon pursuant to routes are

Section 3 - Routes

The following roads are designated as routes -Alt town roads within its territorial boundaries
are designated as ATV/UTV routes with the following exceptions; Birch Drive (the joint section
with the Town of Guenther). Under 2017 Wisconsin Act 193, 23.33(8)(e)2 b, signs are erected
on each highway that crosses its territorial boundaries alerting motorists of this designation
except where otherwise indicated. Signs shall be erected as appropriate to indicate roads that
are not designated as an ATV/UTV route.

Section 4- Conditions

As a condition for the use of these routes, the following conditions shall apply to all operators
tand passengers);

A) Wisconsin state All-Terrain Vehicle and Utility-Terrain Vehicle laws as found in s. 23.33 Wis.
Stats., are adopted by reference.

B) Routes are signed in accordance with 2017 Wisconsin Act 1.93, Section 4.23.33 (8)(e)2 b.
Route signage shall be marked and paid for by the Pok-A Snoz Snowmobile Club with the
supervision of the Town of Dewey. No person may do any of the following in regard to signs
marking the Town of Dewey All-Terrain Vehicle/Utility-Terrain Vehicle Routes:
a) lntentionally remove, damage, deface, move or obstruct any uniform All-Terrain/Utility-
Terrain Vehicle route sign or standard or intentionally interfere with the effective operation of
any uniform All-Terrain/Utility Terrain vehicle route sign or standard if the sign or standard is
legally placed by the Town of Dewey or any authorized individual;
b) Possess any uniform All-Terrain/Utility-Terrain vehicle route sign or standard type
established by the department for the warning instruction or information of the public, unless
he or she obtained the uniform All-Terrain/Utility-Terrain vehicle route sign or standard in a
lawful manner. Possession of an All-Terrain/Utility-Terrain vehicle route sign or standard
creates a rebuttable presumption of illegal possession.
C) Maximum speed limit for All-Terrain Vehicles / Utility-Terrain Vehicles on Town roads shall
be 35 mph unless otherwise posted at a speed limit lower than 35 mph
D) Maximum speed limit for All-Terrain Vehicles / Utility-Terrain Vehicles on the following Town
roads shall be 25 mph; Bay View Circle, Bay View Drive, West River Road, Republic Drive, Wood
Lane, Chippewa Trail, Scenic Circle, Campsite Drive north of the intersection of Maple Drive and
Maple Drive from Campsite Drive to Sunset Drive
E) All ATV/UTV vehicle operators shall ride single file
F) All ATV/UTV vehicle operators shall slow the vehicle to 10 mph or less when operating within
150 feet of a dwelling
G) The Town of Dewey may close ATV/UTV routes at any time through removal of all route
signage and providing notice to the general public, the Portage County Sheriffs Department
and the Wisconsin Department of Natural Resources.
H)The Town of Dewey may close ATV/UTV routes due to road emergencies, including but not
limited to blizzards or flooding or other safety hazards,
I) The Town of Dewey ATV/UTV routes shall be closed from 10:00 p.m. to 5:00 a.m. The only
exception to the closed hours shall be when the ATV/UTV operation is for the purpose of
transportation for hunting.

Section 5 - Enforcement

This ordinance shall be enforced by any law enforcement officer authorized to enforce the laws
of the state of Wisconsin.

Section 6 - Penalties

Wisconsin state All-Terrain/Utility-Terrain Vehicle penalties as found in s.23.33 {13) (a) Wis.
Stats., are adopted by reference.

Section 7 - Severability

The provisions 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 or not
one or more provisions may be declared invalid. lf any provisions of this ordinance or the
application to any person or circurnstances is held invalid, the remainder of the ordinance and
the application of such provisions to other persons circumstances shall not be deemed affected.

Section 8 - Effective Date

This ordinance becomes effective upon passage and publication.
Passed this 19th Day of August 2019 Publication this 2nd Day of September 2019

Clerk - Angela Lochinger
Chairperson - Maurice King
Supervisor - Dennis Meis
Supervisor - Dennis Hintz