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(7m)(7m) Duty to render aid. The operator of an all-terrain vehicle or a utility terrain vehicle involved in an accident shall, to the extent that they are capable, render assistance as is practicable and necessary to other persons involved in the accident to save them from or minimize any danger caused by the accident. The operator of the all-terrain vehicle or utility terrain vehicle shall provide their name and address and identification of their all-terrain vehicle or utility terrain vehicle to any person injured in the accident and to the owner of any property damaged in the accident. 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)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)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 (au) 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 and utility terrain vehicle projects. Any of the following all-terrain vehicle or utility terrain vehicle projects are eligible for funding as a state all-terrain vehicle or utility terrain vehicle project from the appropriation account under s. 20.370 (1) (ms) or for aid as a nonstate all-terrain vehicle or utility 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 or utility 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 or utility terrain vehicles. 23.33(9)(b)5.5. Maintenance of all-terrain vehicle routes or all-terrain vehicle trails. 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.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)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)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) (ms) or for aid as a nonstate utility vehicle project from the appropriation accounts under s. 20.370 (5) (ct) and (cu). 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. Beginning on July 7, 2023, the maximum amount allowed for aid under this subdivision is $400 per mile for all-terrain vehicle trails that are maintained at least 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) (ms) or for aid as a nonstate utility vehicle project from the appropriation accounts under s. 20.370 (5) (ct) and (cu). 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)(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. and s. 349.11 (11). 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 to cross a bridge that is not part of the national system of interstate and defense highways 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.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)(a)(a) 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 or in the pursuit of an actual or suspected violator of the law. 23.33(11m)(b)1.1. Subject to subds. 2. to 5., sub. (3) (g), (gm), (h), and (ht) do not apply to the operator of a patrol all-terrain vehicle or patrol utility terrain vehicle when responding to an emergency call, engaged in an emergency, or in the pursuit of an actual or suspected violator of the law. 23.33(11m)(b)2.2. Except as provided in subd. 3., subd. 1. applies only if the operator of a patrol all-terrain vehicle or patrol utility terrain vehicle is giving an audible signal by means of a siren and a visual signal by means of at least one flashing, oscillating, or rotating red light or, if the patrol all-terrain vehicle or patrol utility terrain vehicle is being operated by a law enforcement officer, a blue light and a red light, both of which are flashing, oscillating, or rotating. 23.33(11m)(b)3.3. A law enforcement officer operating a patrol all-terrain vehicle or patrol utility terrain vehicle may exceed a speed limit without giving audible or visual signals if the officer is obtaining evidence of a speed violation or responding to what the officer reasonably believes is a felony in progress and the officer reasonably believes any of the following: 23.33(11m)(b)3.a.a. Knowledge of the officer’s presence may endanger the safety of a victim or other person. 23.33(11m)(b)3.b.b. Knowledge of the officer’s presence may cause the suspected violator to evade apprehension. 23.33(11m)(b)3.c.c. Knowledge of the officer’s presence may cause the suspected violator to destroy evidence of a suspected felony or may otherwise result in the loss of evidence of a suspected felony. 23.33(11m)(b)3.d.d. Knowledge of the officer’s presence may cause the suspected violator to cease the commission of a suspected felony before the officer obtains sufficient evidence to establish grounds for arrest. 23.33(11m)(b)4.4. The operator of a patrol all-terrain vehicle or patrol utility terrain vehicle may proceed past a red light, stop signal, or stop sign but only after slowing down as necessary for safe operation. 23.33(11m)(b)5.5. The privileges granted to the operator of a patrol all-terrain vehicle or patrol utility terrain vehicle under this paragraph do not relieve the operator from the duty to drive or ride with due regard under the circumstances for the safety of all persons or provide immunity from liability for the consequences of the operator’s reckless disregard for the safety of others. 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 or utility 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 or utility 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 or utility 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 or utility 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.
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Chs. 23-34, Public Domain and the Trust Funds
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