23.33(5m)(d) (d) The department shall provide funding under this subsection from the appropriation under s. 20.370 (5) (cx).
23.33(5m)(e) (e) The department shall annually determine the amount necessary to provide funding under this subsection. The amount shall be the greater of $297,000 or the amount calculated by multiplying 80 cents by the number of all-terrain vehicles and utility terrain vehicles registered as of the last day of February of the previous fiscal year.
23.33(6) (6)Equipment requirements.
23.33(6)(a) (a) A person who operates an all-terrain vehicle or utility terrain vehicle is required to display a lighted headlamp and tail lamp on the all-terrain vehicle or utility terrain vehicle.
23.33(6)(b) (b) The headlamp on an all-terrain vehicle or utility terrain vehicle is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle or utility terrain vehicle.
23.33(6)(c) (c) The tail lamp on an all-terrain vehicle or utility terrain vehicle is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.
23.33(6)(cd) (cd) Except as provided in sub. (11m), no person may operate an all-terrain vehicle or utility terrain vehicle that is equipped with any of the following:
23.33(6)(cd)1. 1. A lamp that emits any color of light other than white or amber and that is visible from directly in front of the all-terrain vehicle or utility terrain vehicle.
23.33(6)(cd)2. 2. A lamp that emits any color of light other than red, yellow, amber, or white and that is visible from directly behind the all-terrain vehicle or utility terrain vehicle.
23.33(6)(cd)3. 3. A flashing, oscillating, or rotating lamp that emits any color other than yellow or amber.
23.33(6)(ch) (ch) Except as provided in sub. (11m), if an all-terrain vehicle or utility terrain vehicle with headlamps is equipped with additional adverse weather lamps, spot lamps, auxiliary lamps, or any other lamp on the front of the all-terrain vehicle or utility terrain vehicle that is capable of projecting a beam of intensity of more than 300 candlepower, the operator of the all-terrain vehicle or utility terrain vehicle may not light more than 4 lamps on the front of the all-terrain vehicle or utility terrain vehicle simultaneously, not including flashing amber or yellow lights, within 500 feet of an oncoming all-terrain vehicle, utility terrain vehicle, or other vehicle upon a roadway, all-terrain vehicle route, all-terrain vehicle trail, or public area.
23.33(6)(cp) (cp) Except as provided in sub. (11m), when the operator of an all-terrain vehicle or utility terrain vehicle equipped with multiple-beam headlamps, adverse weather lamps, spot lamps, auxiliary lamps, high-beam lamps, or any other lamps other than those required by this subsection approaches an oncoming all-terrain vehicle, utility terrain vehicle, or other vehicle within 500 feet or approaches or follows an all-terrain vehicle, utility terrain vehicle, or other vehicle within 500 feet to the rear of that vehicle, the operator shall dim, depress, or tilt the multiple-beam headlamps, adverse weather lamps, spot lamps, auxiliary lamps, high-beam lamps, or any other lamps of the all-terrain vehicle or utility terrain vehicle so that the glaring rays are not directed or reflected into the eyes of the operator of the other vehicle, all-terrain vehicle, or utility terrain vehicle. This paragraph does not prohibit an operator from intermittently flashing the high-beam headlamps of the all-terrain vehicle or utility terrain vehicle at an oncoming all-terrain vehicle, utility terrain vehicle, or other vehicle whose high-beam headlamps are lit.
23.33(6)(ct)1.1. Any all-terrain vehicle or utility terrain vehicle may be equipped with not more than 2 backup lamps that shall be directed to project a white or amber light illuminating the area to the rear of the vehicle for a distance not to exceed 75 feet.
23.33(6)(ct)2. 2. No lighted backup lamp or white lamp visible from directly behind may be displayed on any all-terrain vehicle or utility terrain vehicle upon a highway, all-terrain vehicle route, all-terrain vehicle trail, frozen water, or public area where use of all-terrain vehicles or utility terrain vehicles is allowed except when the all-terrain vehicle or utility terrain vehicle is about to be or is being driven backward. Whenever a backup lamp on an all-terrain vehicle or utility terrain vehicle is lighted, the tail lamp or tail lamps on the all-terrain vehicle or utility terrain vehicle shall also be lighted.
23.33(6)(d) (d) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with at least one brake operated either by hand or by foot.
23.33(6)(e) (e) Every all-terrain vehicle and utility terrain vehicle is required 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. This paragraph does not apply to an all-terrain vehicle or utility terrain vehicle that is operated exclusively by means of an electric motor.
23.33(6)(f) (f) An all-terrain vehicle or utility terrain vehicle may not be modified so that its maximum width exceeds the width allowed for a utility terrain vehicle under sub. (1) (ng) 1. h. or 2. b. or the width allowed for an all-terrain vehicle under s. 340.01 (2g). This paragraph does not apply to the operation of an all-terrain vehicle or utility terrain vehicle on private property.
23.33(6)(g) (g) An all-terrain vehicle or utility terrain vehicle may not be operated with anything other than tires. This paragraph does not apply to the operation of an all-terrain vehicle or utility terrain vehicle on private property or on frozen waters.
23.33(6)(h) (h) A person who operates an all-terrain vehicle or utility terrain vehicle with a snow removal device attached as authorized under sub. (4) (f) is required to display at least one or more flashing or rotating amber or yellow lights, and at least one of these lights shall be visible from every direction.
23.33(6)(i) (i) No person may operate a utility terrain vehicle unless each passenger is wearing a safety belt installed by the manufacturer and fastened in a manner prescribed by the manufacturer of the safety belt which permits the safety belt to act as a body restraint.
23.33(6m) (6m)Noise limits. No person may manufacture, sell, rent or operate an all-terrain vehicle or utility terrain vehicle that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.
23.33(6r) (6r)Passenger restrictions. Except as provided in sub. (11m), no person may ride in or on any part of an all-terrain vehicle or utility terrain vehicle that is not designed or intended to be used by passengers.
23.33(7) (7)Accidents.
23.33(7)(a) (a) If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain vehicle and utility terrain vehicle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and shall file a written report of the accident with the department on the form provided by it within 10 days after the accident.
23.33(7)(b) (b) If the operator of an all-terrain vehicle or utility terrain vehicle is physically incapable of making the report required by this subsection and there was another witness to the accident capable of making the report, the witness may make the report.
23.33(8) (8)Routes and trails.
23.33(8)(a) (a) Department authority. The department shall encourage and supervise a system of all-terrain vehicle routes and trails. The department may establish standards and procedures for certifying the designation of all-terrain vehicle routes and trails.
23.33(8)(b) (b) Routes.
23.33(8)(b)1.1. Subject to subd. 3., a town, village, city, or county may designate highways as all-terrain vehicle routes.
23.33(8)(b)2. 2. Subject to subd. 3., a town, village, city, or county may designate all highways under its jurisdiction as all-terrain vehicle routes.
23.33(8)(b)3. 3. No state trunk highway or connecting highway may be designated as an all-terrain vehicle route unless the department of transportation approves the designation.
23.33(8)(c) (c) Trails. A town, village, city, county or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.
23.33(8)(d) (d) Restrictions. The designating authority may specify effective periods for the use of all-terrain vehicle routes and trails and may restrict or prohibit the operation of an all-terrain vehicle or utility terrain vehicle during certain periods of the year.
23.33(8)(e) (e) Signs.
23.33(8)(e)1.1. The department, in cooperation with the department of transportation, shall establish uniform all-terrain vehicle route and trail signs and standards and uniform signs and standards for the operation of utility terrain vehicles on all-terrain vehicle routes and trails. The standards may not require that any additional signs be placed on all-terrain vehicle routes concerning the operation of all-terrain vehicles or utility terrain vehicles with snow removal devices attached.
23.33(8)(e)2. 2. Except as provided in subd. 3, if a town, village, city, or county designates specific highways under its jurisdiction as all-terrain vehicle routes under par. (b) 2., the town, village, city, or county shall do one of the following:
23.33(8)(e)2.a. a. Erect a sign at each point on a highway where the all-terrain vehicle route begins and at each point where the all-terrain vehicle route intersects an all-terrain vehicle trail or a highway that is not designated as an all-terrain vehicle route. The town, village, city, or county is not required to erect a sign under this subdivision at a point that is not more than one-half mile from a sign marking the same all-terrain vehicle route on the same highway.
23.33(8)(e)2.b. b. Erect a sign on each highway under its jurisdiction that crosses its territorial boundary in a position to be viewed by motorists as they enter the town, village, city, or county. The signs shall alert motorists that all highways within the town, village, city, or county have been designated as all-terrain vehicle routes, except where otherwise indicated. The town, village, city, or county shall erect signs as appropriate to indicate highways that are not designated as an all-terrain vehicle route.
23.33(8)(e)3. 3. If a town, village, city, or county designates all highways under its jurisdiction as all-terrain vehicle routes under par. (b) 2., the town, village, city, or county may erect a sign on each highway that crosses its territorial boundary in a position to be viewed by motorists as they enter the town, village, city, or county. The signs shall alert motorists that all highways under the jurisdiction of the town, village, city, or county have been designated as all-terrain vehicle routes.
23.33(8)(e)4. 4. If a town, village, city, or county designates all highways under its jurisdiction as all-terrain vehicle routes under par. (b) 2., the town, village, city, or county may erect a sign on each highway under its jurisdiction at the point where that highway crosses its territorial boundary and enters another town, village, city, or county that does not designate the highway as an all-terrain vehicle route. The signs shall be in a position to be viewed by motorists and all-terrain vehicle operators as they leave the town, village, city, or county and shall alert motorists and all-terrain vehicle operators that the all-terrain vehicle route designation has ended.
23.33(8)(e)5. 5. If a town, village, city or county designates highways under its jurisdiction as all-terrain vehicle routes under par. (b) 2., the town, village, city, or county may designate a preferred route and erect signs marking the route.
23.33(8)(e)6. 6. If a town, village, city, or county erects and maintains signs under subd. 3., the department may not require the town, village, city, or county to erect any additional signs marking the all-terrain vehicle routes within the town, village, city, or county.
23.33(8)(f) (f) Interference with signs and standards prohibited.
23.33(8)(f)1. 1. No person may intentionally remove, damage, deface, move, obstruct, or interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standard or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail if the sign or standard is legally placed by the state, any municipality or any authorized individual.
23.33(8)(f)2. 2. No person may possess any uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail, of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard or uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail creates a rebuttable presumption of illegal possession.
23.33(9) (9)Administration; enforcement; aids.
23.33(9)(a)(a) Enforcement. The department may utilize moneys received under sub. (2) for all-terrain vehicle and utility terrain vehicle registration aids administration and for the purposes specified under s. 20.370 (3) (as) and (5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.
23.33(9)(b) (b) All-terrain vehicle projects. Any of the following all-terrain vehicle projects are eligible for funding as a state all-terrain vehicle project from the appropriation account under s. 20.370 (1) (ms) or for aid as a nonstate all-terrain vehicle project from the appropriation accounts under s. 20.370 (5) (ct) and (cu):
23.33(9)(b)1. 1. Acquisition of an easement or land in fee simple.
23.33(9)(b)2. 2. Development of all-terrain vehicle facilities such as parking areas, riding areas, shelters, toilets or other improvements.
23.33(9)(b)3. 3. Development of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(b)4. 4. Development or maintenance of a snowmobile route or trail or an off-the-road motorcycle trail or facility if the route, trail or facility is open for use by all-terrain vehicles.
23.33(9)(b)5. 5. Maintenance of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(b)6. 6. Purchase of liability insurance.
23.33(9)(b)7. 7. Production of trail maps and a statewide digital information application for providing safety, regulatory, and riding opportunity information.
23.33(9)(b)8. 8. Acquisition and maintenance of communications equipment for providing support to organizations that meet the eligibility requirements under sub. (5m) (b).
23.33(9)(bb) (bb) Signs. In addition to the projects listed in par. (b), the department may provide aid from the appropriation under s. 20.370 (5) (ct) or (cu) to a town, village, city, county, or nonprofit organization for up to 100 percent of the cost of placing signs developed under sub. (4z) (a) 2. and 3.
23.33(9)(bc) (bc) All-terrain vehicle trail maintenance funding. The department may provide state aid for trail maintenance costs equal to the approved eligible project costs, which may not exceed the following:
23.33(9)(bc)1. 1. For winter maintenance of all-terrain vehicle trails that are shared with snowmobiles and that are eligible for winter maintenance, $100 per mile.
23.33(9)(bc)2. 2. For winter maintenance of all-terrain vehicle trails that are not shared with snowmobiles and that are eligible for winter maintenance, $200 per mile.
23.33(9)(bc)3. 3. For summer maintenance of all-terrain vehicle trails, $600 per mile.
23.33(9)(bd) (bd) All-terrain and utility terrain vehicle projects; stewardship funding.
23.33(9)(bd)1.1. The department may obligate from the appropriation account under s. 20.866 (2) (ta) moneys for state projects and for aids to counties, cities, villages, or towns for nonstate projects. The projects may be any of the following:
23.33(9)(bd)1.a. a. Acquisitions of easements and land as specified in par. (b) 1.
23.33(9)(bd)1.b. b. Development of facilities, routes, and trails as specified in par. (b) 2. and 3.
23.33(9)(bd)1.c. c. Development of a snowmobile route or trail or an off-the-road motorcycle trail or facility if the route, trail or facility is open for use by all-terrain vehicles.
23.33(9)(bd)1.d. d. Improvement of all-terrain vehicle trails for use by utility terrain vehicles.
23.33(9)(bd)1.e. e. Placement of signs developed under sub. (4z) (a) 2.
23.33(9)(bd)2. 2. Moneys obligated from the appropriation account under s. 20.866 (2) (ta) for a project under subd. 1. shall be limited to no more than 80 percent of the cost of the project. The county, city, village, or town receiving the aid is responsible for the remainder of the project cost.
23.33(9)(bg) (bg) Funding for utility terrain vehicles.
23.33(9)(bg)1.1. A project to improve or maintain all-terrain vehicle trails for use by utility terrain vehicles is eligible for summer funding as a state utility terrain vehicle project from the appropriation account under s. 20.370 (1) (mr) or for aid as a nonstate utility vehicle project from the appropriation accounts under s. 20.370 (5) (eu) and (gr). The maximum amount allowed for aid under this subdivision is $200 per mile for all-terrain vehicle trails that are maintained not less than 3 months per year including the months of June, July, and August.
23.33(9)(bg)2. 2. A project to improve or maintain all-terrain vehicle trails for use by utility terrain vehicles is eligible for winter funding as a state utility terrain vehicle project from the appropriation account under s. 20.370 (1) (mr) or for aid as a nonstate utility vehicle project from the appropriation accounts under s. 20.370 (5) (eu) and (gr). The maximum amount allowed for aid under this subdivision is $100 per mile for all-terrain vehicle trails that are maintained not less than 2 months nor more than 6 months per year including the months of January and February.
23.33(9)(bg)3. 3. If the requests for aid for projects under this paragraph exceed the funds available, the department shall distribute available funds to qualified applicants on a proportional basis.
23.33(10) (10)Liability of landowners. Section 895.52 applies to this section.
23.33(11) (11)Local ordinances.
23.33(11)(a) (a) Counties, towns, cities and villages may enact ordinances regulating all-terrain vehicles and utility terrain vehicles on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by the county, city, town or village.
23.33(11)(am)1.1. Any county, town, city, or village may enact an ordinance that is in strict conformity with this section and rules promulgated by the department under this section if the ordinance encompasses all aspects encompassed by this section, except as provided in subds. 2., 3., and 4.
23.33(11)(am)2. 2. For a roadway, or for a portion of a roadway, that is located within the territorial boundaries of a city, village, or town, the city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles with snow removal devices attached on the roadway, or adjacent to the roadway, if the applicable roadway speed limit is greater than 45 miles per hour, and regardless of whether the city, village, or town has jurisdiction over the roadway.
23.33(11)(am)3. 3. A county, city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles on a highway bridge that is not part of the national system of interstate and defense highways, that is 1,000 feet in length or less, and that is located within the territorial boundaries of the county, city, village, or town regardless of whether the county, city, village, or town has jurisdiction over the highway. Any such ordinance shall require a person crossing a bridge to do all of the following:
23.33(11)(am)3.a. a. Cross the bridge in the most direct manner practicable and at a place where no obstruction prevents a quick and safe crossing.
23.33(11)(am)3.b. b. Stay as far to the right of the roadway or shoulder as practicable.
23.33(11)(am)3.c. c. Stop the vehicle prior to the crossing.
23.33(11)(am)3.d. d. Yield the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway or shoulder.
23.33(11)(am)3.e. e. Exit the highway as quickly and safely as practicable after crossing the bridge.
23.33(11)(am)4. 4. A city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles on a highway that is not part of the national system of interstate and defense highways, that has a speed limit of 35 miles per hour or less, and that is located within the territorial boundaries of the city, village, or town regardless of whether the city, village, or town has jurisdiction over the highway.
23.33(11)(b) (b) If a county, town, city, or village adopts an ordinance regulating all-terrain vehicles, utility terrain vehicles, or both, its clerk shall immediately send a copy of the ordinance to the department, to the state traffic patrol, and to the office of any law enforcement agency of each county, town, city, or village having jurisdiction over any of the highways to which the ordinance applies.
23.33(11m) (11m)Exceptions. Subsections (3) (em), (6) (cd), (ch), (cp), and (i), and (6r) do not apply to the operator of an all-terrain vehicle or utility terrain vehicle owned or leased by a city, village, town, county, state agency, federal agency, federally recognized American Indian tribe, public safety corporation, or public utility while the operator is engaged in an emergency.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on August 1, 2020. Published and certified under s. 35.18. Changes effective after August 1, 2020, are designated by NOTES. (Published 8-1-20)