DRAFT – 7/18/2022
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 Rd., Yankee Hollow Rd., and
Vinger Rd.
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
Rd. 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/UTV’s 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.
Passed this ________ day of ___________________, 20___.
_____________________________ Dan Truttmann, Chairman
_____________________________ April Prusia, First Supervisor
_____________________________ Travis Leonard, Second Supervisor
Attest:
_____________________________ Jessica L. Schlumpf, Clerk-Treasurer
Roll Call Vote:
Chairman Truttmann _____ Aye / Nay ____
Supervisor Prusia _____ Aye / Nay ____
Supervisor Leonard _____ Aye / Nay ____