23.33(7)(b)
(b) If the operator of an all-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)(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. A town, village, city or county may designate highways as all-terrain vehicle routes. 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 during certain periods of the year.
23.33(8)(e)
(e)
Signs. The department, in cooperation with the department of transportation, shall establish uniform all-terrain vehicle route and trail signs and standards. The standards may not require that any additional signs be placed on all-terrain vehicle routes concerning the operation of all-terrain vehicles with snow removal devices attached.
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 or obstruct any uniform all-terrain vehicle route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standards 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 of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform all-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard 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 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. An all-terrain vehicle facility such as a parking area, riding area, shelter, toilets or other improvement.
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)(c)
(c)
Signs. In addition to the projects listed in
par. (b), the department may provide aid under this subsection to a town, village, city or county for up to 100% of the cost of placing signs developed under
sub. (4z) (a) 2.
23.33(10)
(10) Liability of landowners. Section 895.52 applies to this section.
23.33(11)(a)(a) Counties, towns, cities and villages may enact ordinances regulating all-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 which 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
subd. 2.
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 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)(b)
(b) If a county, town, city or village adopts an ordinance regulating all-terrain vehicles, its clerk shall immediately send a copy of the ordinance to the department and to the office of any law enforcement agency of the municipality or county having jurisdiction over any highway designated as an all-terrain vehicle route.
23.33(11p)
(11p) Utility terrain vehicle pilot program. 23.33(11p)(a)1.
1. "Federal agency" means a federal agency that receives state aid for a nonstate all-terrain vehicle project under
sub. (9) (b).
23.33(11p)(a)2.
2. "Golf cart" means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and that is designed and intended to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.
23.33(11p)(a)3.
3. "Low pressure tire" means a tire that has a minimum width of 6 inches and that is designed to be inflated with an operating pressure not to exceed 20 pounds per square inch as recommended by the manufacturer.
23.33(11p)(a)6.
6. "Utility terrain vehicle" means a motor driven device, other than a golf cart or low-speed vehicle, that is designed to be used primarily off of a highway and that has, and was originally manufactured with, all of the following:
23.33(11p)(a)6.a.
a. A gross weight of more than 900 pounds but not more than 1,999 pounds.
23.33(11p)(a)6.i.
i. Seats for at least 2 occupants, all of which seating is designed not to be straddled.
23.33(11p)(a)6.j.
j. A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
23.33(11p)(a)6.k.
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.
23.33(11p)(b)
(b) The department of natural resources, in consultation with the department of transportation, shall administer a pilot program to investigate the effects of using utility terrain vehicles on routes and trails that are used and authorized to be used by all-terrain vehicles, to evaluate whether it is feasible and appropriate to expand the allowable use of utility terrain vehicles.
23.33(11p)(c)1.1. The department, any federal agency, and any county is eligible to participate in the pilot program. If a county elects to participate in the pilot program, the governing body of the county shall adopt a resolution to that effect. If a county adopts such a resolution, the resolution shall apply to all of the municipalities within the county unless the governing body of a municipality adopts a resolution that provides that the municipality will not participate in the pilot program. The governing body of each participating county or municipality may withdraw from the pilot program before July 1, 2012, by adopting a resolution to that effect.
23.33(11p)(c)2.
2. If a county or municipality adopts a resolution under
subd. 1., its clerk shall immediately send a copy of the resolution to the department and to the office of any law enforcement agency of the county or municipality having jurisdiction over any all-terrain vehicle route or trail designated under
par. (d).
23.33(11p)(d)
(d) The department or a federal agency, county, or municipality that participates in the pilot program may designate any of the following located within their respective jurisdictions:
23.33(11p)(d)1.
1. All-terrain vehicle routes and trails that may be used by operators of utility terrain vehicles.
23.33(11p)(d)2.
2. All-terrain vehicle routes and trails upon which utility terrain vehicle use is prohibited.
23.33(11p)(e)
(e) For the purposes of all of the following, a utility terrain vehicle that is operated as authorized under this subsection is considered an all-terrain vehicle:
23.33(11p)(f)
(f) No person may operate or give permission for the operation of, a utility terrain vehicle on an all-terrain vehicle route or trail designated by the department or a federal agency, county, or municipality under
par. (d) 1. unless the utility terrain vehicle is registered for public use by the department. The department shall register a utility terrain vehicle and collect fees for registration of a utility terrain vehicle under this subsection in the same manner as the department registers and collects fees for registration of all-terrain vehicles for public use under
sub. (2). All fees collected by the department under this subsection shall be credited to the appropriation account under
s. 20.370 (1) (iv).
23.33(11p)(g)
(g) No person under the age of 16 may operate a utility terrain vehicle on an all-terrain vehicle route or trail designated under
par. (d) 1. No person who is at least 16 years of age and who is born on or after January 1, 1988, may operate a utility terrain vehicle on an all-terrain vehicle route or trail designated under
par. (d) 1. unless he or she holds a valid all-terrain vehicle safety certificate issued under
sub. (5) (d).
23.33(11p)(h)1.1. The department of natural resources, in consultation with the department of transportation and with the federal agencies, counties, and municipalities participating in the pilot program, shall evaluate the effect of using utility terrain vehicles on all-terrain vehicle routes and trails. Except as provided in
subd. 2., the department of natural resources shall report the results of its evaluation to the legislature under
s. 13.172 (2) no later than June 30, 2012.
23.33(11p)(h)2.
2. The department may report the results of its evaluation under subd. 1 in the form of an addendum to the evaluation submitted by the department under s.
23.33 (11m) (g), 2007 stats. The department is not required to report the results of its evaluation as specified under
subd. 1. if the department's evaluation is substantially the same as the evaluation submitted by the department under s.
23.33 (11m) (g), 2007 stats.
23.33(11p)(i)
(i) The pilot program under this subsection does not apply after June 30, 2012.
23.33(12)(a)(a) An officer of the state traffic patrol under
s. 110.07 (1), inspector under
s. 110.07 (3), conservation warden appointed by the department under
s. 23.10, county sheriff or municipal peace officer has authority and jurisdiction to enforce this section and ordinances enacted in accordance with this section.
23.33(12)(b)
(b) No operator of an all-terrain vehicle may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in
s. 939.22 (5).
23.33(13)(a)(a)
Generally. Except as provided in
pars. (am) to
(e), any person who violates this section shall forfeit not more than $250.
23.33(13)(am)
(am)
Penalty related to interference with signs and standards. Except as provided in
par. (cg), a person who violates
sub. (8) (f) and who, within the last 2 years prior to the arrest for the current violation, was 2 or more times previously convicted for violating a provision of this chapter shall forfeit not more than $500.
23.33(13)(ar)
(ar)
Penalty related to nonresident trail passes. Any person who violates
sub. (2j) shall forfeit not more than $1,000.
23.33(13)(b)
(b)
Penalties related to intoxicated operation of an all-terrain vehicle. 23.33(13)(b)2.
2. Except as provided under
subd. 3., a person who violates
sub. (4c) (a) 1.,
2., or
2m. or
(4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an all-terrain vehicle law or the refusal law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.
23.33(13)(b)3.
3. A person who violates
sub. (4c) (a) 1.,
2., or
2m. or
(4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.
23.33(13)(bg)
(bg)
Penalties related to intoxicated operation of an all-terrain vehicle; underage passengers. If there is a passenger under 16 years of age on the all-terrain vehicle at the time of a violation that gives rise to a conviction under
sub. (4c) (a) 1. or
2. or
(4p) (e), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under
pars. (b) 1.,
2., and
3. for the conviction are doubled.
23.33(13)(br)
(br)
Penalties related to intoxicated operation of an all-terrain vehicle; enhancers. 23.33(13)(br)1.1. If a person convicted under
sub. (4c) (a) 1. or
2. had an alcohol concentration of 0.17 to 0.199 at the time of the offense, the minimum and maximum fines specified under
par. (b) 3. for the conviction are doubled.
23.33(13)(br)2.
2. If a person convicted under
sub. (4c) (a) 1. or
2. had an alcohol concentration of 0.20 to 0.249 at the time of the offense, the minimum and maximum fines specified under
par. (b) 3. for the conviction are tripled.
23.33(13)(br)3.
3. If a person convicted under
sub. (4c) (a) 1. or
2. had an alcohol concentration of 0.25 or above at the time of the offense, the minimum and maximum fines under
par. (b) 3. for the conviction are quadrupled.
23.33(13)(c)
(c)
Penalties related to causing injury; intoxicants. A person who violates
sub. (4c) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned not less than 30 days nor more than one year in the county jail.
23.33(13)(cg)
(cg)
Penalties related to causing death or injury; interference with signs and standards. A person who violates
sub. (8) (f) 1. is guilty of a Class H felony if the violation causes the death or injury, as defined in
s. 30.67 (3) (b), of another person.
23.33(13)(cm)
(cm)
Sentence of detention. The legislature intends that courts use the sentencing option under
s. 973.03 (4) whenever appropriate for persons subject to
par. (b) 2. or
3. or
(c). The use of this option can result in significant cost savings for the state and local governments.
23.33(13)(d)
(d)
Calculation of previous convictions. In determining the number of previous convictions under
par. (b) 2. and
3., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
23.33(13)(dm)
(dm)
Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.
23.33(13)(e)
(e) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates
sub. (4c) (a) or
(b) or
(4p) (e) or who violates
s. 940.09 or
940.25 if the violation involves the operation of an all-terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with
s. 343.30 (1q) (c) 1. a. to
c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under
ch. 785.
23.33(13)(f)
(f)
Restoration or replacement of signs and standards. In addition to any other penalty, the court may order the defendant to restore or replace any uniform all-terrain vehicle route or trail sign or standard that the defendant removed, damaged, defaced, moved or obstructed.
23.33 History
History: 1985 a. 29;
1987 a. 200,
353,
399,
403;
1989 a. 31,
275,
359;
1991 a. 39,
303,
315;
1993 a. 16,
105,
119,
405;
1995 a. 27 ss.
1350 to
1351,
9126 (19);
1995 a. 436,
448;
1997 a. 27,
248,
283;
1999 a. 9;
2001 a. 16,
90,
106,
109;
2003 a. 30,
97,
251,
326;
2005 a. 25,
253,
481;
2007 a. 20 ss.
664m to
666m,
9121 (6) (a);
2007 a. 27,
209;
2009 a. 85,
175,
252,
367.
