ORD20211460-LSVs, NEV's & Golf Carts
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1460
AN ORDINANCE TO ADD CHAPTER 229 TO THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
(Low Speed Vehicles, Neighborhood Electric Vehicles, and Golf Carts)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 229 is hereby added to the Municipal Code of the City of
Muskego to read as follows:
Article I Low Speed Vehicles
§ 229.1 Definitions.
Low Speed Vehicle (LSV). A motor vehicle that conforms to the definition and
requirements for low-speed vehicles as adopted in the federal motor vehicle safety
standards for low speed vehicles under 49 CFR 571.3(b) and 571.500. Low Speed
Vehicle does not include a Golf Cart.
§ 229.2 Equipment.
A. LSVs shall be 4-wheeled and have a speed range of at least 20 miles per hour and
not more than 25 miles per hour on a paved surface and have a gross vehicle weight
at rest of less than 3,000 pounds.
B. LSVs shall be equipped in the following manner to be verified by the Police
Department:
1. Head lamps.
2. Front and rear turn signals.
3. Stop lamps.
4. Reflex reflectors; one red on each side as far to the rear as practicable, and one
red on the rear of the vehicle.
5. An exterior mirror mounted on the driver’s side and either an exterior mirror on
the passenger side or an interior rearview mirror.
6. A parking brake.
7. A windshield that conforms to the requirements of the Federal Motor Vehicle
Safety Standard on Glazing Materials (49 CFR 571.205).
8. Reflective “Slow Moving Sign” or “Flag” on the rear of the LSV.
9. A Vehicle Identification number (VIN) that complies with federal law (49 CFR
565).
10. A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209, and
Federal Motor Safety Standard no. 209, for each designated seating position.
11. Meets the general test conditions under 49 CFR 571.500(S6).
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§ 229.3 Permitted Users of Low Speed Vehicles.
An individual using an LSV on City streets must have a valid regular or probationary
driver’s license and a motor vehicle liability policy in effect that covers LSVs and meets
minimum requirements. For purposes of this Section, a learner’s permit shall not be
considered as a valid driver’s license nor shall any license that has been revoked,
temporary or otherwise, or suspended for any reason, be considered as a valid driver’s
license during the period of suspension or revocation.
§ 229.4 Permitted Use of Low Speed Vehicles on City Streets.
A licensed individual may operate an LSV on any roadway within the City that has a
speed limit of 25 miles per hour or less, regardless of whether the municipality has
jurisdiction over the roadway except as limited by State Law and this Article I. The LSV
must have headlamps on at all times while being operated by an individual. An LSV
may not be operated on any recreational trails throughout the City. A licensed individual
may operate an LSV on any highway within the City with a posted speed limit of 35
miles per hour or less for the sole purpose of crossing the roadway whereby crossing
the roadway connects roads that are designated for LSV operation.
§ 229.5 Operation of Low Speed Vehicles.
The operation of an LSV as permitted herein shall in all respects be in compliance with
all City Ordinances and State Statutes.
§ 229.6 Registration of Low Speed Vehicles.
LSVs operated within the City shall be registered with the Wisconsin Department of
Transportation and shall display that registration in accordance with Ch. 341, Wis. Stats.
Article II Neighborhood Electric Vehicles
§ 229.7 Definitions.
Neighborhood Electric Vehicles (NEV). A self-propelled motor vehicle that has
successfully completed the neighborhood electric vehicle America test program
conducted by the Federal Government Department of Energy and that conforms to the
definition and requirements for low speed vehicles as adopted in the Federal Motor
Vehicle Safety Standards for “low-speed vehicles” under 49 CRF 571.3(b) and 571.500.
Neighborhood Electric Vehicles does not include Golf Carts.
§ 229.8 Equipment.
A. NEVs shall be four (4) wheeled and have a speed range of at least twenty (20) miles
per hour and not more than twenty-five (25) miles per hour on a paved surface and
have a gross vehicle weight at rest of less than two thousand five hundred (2,500)
pounds.
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B. NEVs shall be equipped in the following manner to be verified by the Police
Department:
1. Headlamps.
2. Front and rear turn signals.
3. Stop lamps.
4. Reflex reflectors: one red on each side as far to the rear as practicable; and one
red on the rear.
5. An exterior mirror mounted on the driver’s side and either an exterior mirror on
the passenger side or an interior review mirror.
6. Parking brake.
7. Horn.
8. Reflective “Slow Moving Sign” or “Flag” on the rear of the NEV.
9. A windshield that conforms to the requirements of the federal motor vehicle
safety standard on glazing materials (49 CFR 571.205).
10. A vehicle Identification Number (VIN) that complies with the federal law (949
CFR 565).
11. A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209, and
Federal Motor Safety Standard No. 209, for each designated seating position.
12. Meets the general test conditions under 49 CFR 571.500(S6).
§ 229.9 Permitted Users of Neighborhood Electric Vehicles.
An individual using an NEV on City streets must have a valid regular or probationary
driver’s license and a motor vehicle liability policy in effect that covers NEVs and meets
minimum requirements. For purposes of this Section, a learner’s permit shall not be
considered as a valid driver’s license nor shall any license that has been revoked,
temporary or otherwise, or suspended for any reason, be considered as a valid driver’s
license during the period of suspension or revocation.
§ 229.10 Permitted Use of Neighborhood Electric Vehicles on City Streets.
A licensed individual may operate an NEV on any roadway within the City that has a
speed limit of 25 miles per hour or less, regardless of whether the municipality has
jurisdiction over the roadway except as limited by State Law and this Article II. The NEV
must have headlamps on at all times while being operated by an individual. An NEV
may not be operated on any recreational trails throughout the City. A licensed individual
may operate an NEV on any highway within the City with a posted speed limit of 35
miles per hour or less for the sole purpose of crossing the roadway whereby crossing
the roadway connects roads that are designated for NEV operation.
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§ 229.11 Registration of Neighborhood Electric Vehicles.
NEVs operated within the City shall be registered with the Wisconsin Department of
Transportation and shall display that registration in accordance with Ch. 341, Wis. Stats.
Article III Golf Carts
§ 229.12 Statutory Authorization.
This Article III is adopted pursuant to authorization in Secs. 349.18(1)(b) and
349.18(1m), Wis. Stats.
§ 229.13 Definitions.
Golf Cart. A vehicle whose speed attainable in one (1) mile does not exceed twenty
(20) miles per hour on a paved, level surface, and that was designed and originally
intended to convey one (1) or more persons and equipment to play the game of golf in
an area designated as a golf course. State Law Reference Sec. 23.33(1)(fm), Wis.
Stats.
Public Street. A public street or highway located within the municipal boundaries of the
City of Muskego.
§ 229.14 Operation, Where Permitted.
A. A licensed individual may operate a Golf Cart on any roadway within the City that
has a speed limit of 25 miles per hour or less, regardless of whether the municipality
has jurisdiction over the roadway except as limited by State Law and this Article III.
B. A licensed individual may operate a Golf Cart on any highway within the City with a
posted speed limit of 35 miles per hour or less for the sole purpose of crossing the
roadway whereby crossing the roadway connects roads that are designated for golf
cart operation.
C. Exceptions. The operation of Golf Carts is not subject to the provisions of this
Article III under the following circumstances:
1. The operation of Golf Carts at golf courses, private clubs or on private property,
with the consent of the owner; or
2. The use of a Golf Cart in connection with a parade, festival or other special
event, in which the proper City permitting has been issued for the event and the
Golf Cart is only used during such event.
§ 229.15 Operators Permitted.
No person shall operate a Golf Cart upon a Public Street who is less than sixteen (16)
years of age or without a current, valid regular or probationary driver’s license issued for
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the operation of a motor vehicle. For purposes of this Section, a learner’s permit shall
not be considered as a valid driver’s license nor shall any license that has been
revoked, temporary or otherwise, or suspended for any reason, be considered as a valid
driver’s license during the period of suspension or revocation.
§ 229.16 Operations Restrictions.
A. No person shall operate a Golf Cart on a Public Street except in conformity with
federal, state and local laws regulating the operation of motor vehicles on public
streets and highways, including Ch. 346, Wis. Stats., as it relates to traffic
regulations, which are adopted by reference in their entirety. All City ordinances
regarding the use of motor vehicles in the City of Muskego, not inconsistent
therewith shall be observed, except that no Golf Cart may be operated at a speed in
excess of twenty (20) miles per hour.
B. No person shall allow a Golf Cart in the person’s custody from standing or remaining
unattended on any Public Street or in any other public place, except an attended
parking area, unless either the starting lever, throttle, steering apparatus, gear shift
or ignition of the Golf Cart is locked and the key for that lock is removed from the
Golf Cart.
C. No person shall operate a Golf Cart upon any sidewalk, pedestrian way, recreational
trail, or public park in the City, except as specifically authorized for the purpose of
legally crossing the street, or to obtain immediate access to an authorized area of
operation.
D. The operator of a Golf Cart shall yield the right-of-way to overtaking vehicles.
E. The seating capacity shall not be exceeded nor shall the operator or any passenger
be permitted to stand in the Golf Cart when it is in operation.
F. Golf Carts shall not be used as a taxicab or bus or for the commercial carrying of
passengers or the hauling of freight. Nor shall a Golf Cart be used for the purpose of
towing another cart, trailer or vehicle of any kind.
§ 229.17 Annual registration.
A. A Golf Cart must be registered with the City of Muskego prior to operating on a
public street. The registrant shall pay to the City of Muskego an annual Golf Cart
registration fee of Twenty-five Dollars ($25.00), to the City Clerk’s Office. The
registration fee must be renewed each calendar year. This fee is in addition to any
other fees required by law.
B. No person shall operate a Golf Cart, not currently registered with the City, on a
Public Street.
C. Prior to the initial registration the owner of the Golf Cart must have the cart inspected
by the Police Department to assure that it complies with the equipment restrictions.
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D. The registration sticker must be affixed to the rear of the vehicle where it is readily
visible.
§ 229.18 Equipment Restrictions.
A. No person shall operate a Golf Cart on a Public Street unless it conforms to all
federal, state and local laws and regulations regarding noise, emissions and
equipment, and is maintained in proper adjustment and repair.
B. No person shall operate a Golf Cart on a Public Street without displaying a lighted
headlight and taillight at all times and said lights must conform to the requirements of
this ordinance. Headlights shall be of a white or clear light and must be capable of
illuminating the road ahead during hours of darkness and be observed at a distance
of five hundred (500) feet. Headlight must be properly adjusted, as not to interfere
with the operation of other vehicles on the roadway. Taillights shall be red in color
and be observable to a distance of five hundred (500) feet at night.
C. No person shall operate a Golf Cart on a Public Street without at least two (2)
direction signal lamps showing to the front and at least two (2) showing to the rear
on the Golf Cart so as to indicate intention to turn right or left.
D. No person shall operate a Golf Cart unless it is equipped with a rear vision mirror
and a reflective “Slow Moving Sign” or “Flag” on the rear of the Golf Cart. The brakes
provided by the manufacturer of the Golf Cart shall be in proper working order and it
shall be equipped with all mechanical and standard safety features provided by the
manufacturer and shall not have been modified to exceed a speed of twenty (20)
miles per hour nor otherwise modified in any way that creates a hazard.
§ 229.19 Disclaimer and Liability.
A. Disclaimer. Golf Carts are not designed for nor manufactured to be used on Public
Streets and the City of Muskego neither advocates nor endorses the Golf Cart as a
safe means of travel on public streets, roads or highways. The City in no way shall
be liable for accidents, injuries or death involving the operation of a Golf Cart within
the City limits.
B. Assumption of Risk. Any person who owns, operates or rides upon a Golf Cart on
a Public Street, road, or highway within the City of Muskego limits does so at their
own risk and peril and assumes all liability resulting from the operation of the Golf
Cart.
Article IV Enforcement and Penalties.
§ 229.19 Enforcement.
A law enforcement officer has authority and jurisdiction to enforce this Chapter and
ordinances enacted in accordance with this Chapter. No operator of a LSV, NEV, or
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Golf Cart may refuse to stop after being requested or signaled to do so by a law
enforcement officer.
§ 229.20 Penalties.
1. For violations of Rules of the Road, those fines shall be as set forth in the State
of Wisconsin Revised Traffic Deposit Schedule.
2. For all other violations, the fine shall be as set forth in Chapter 1, Section 1-4 of
the Muskego Code of Ordinances.
SECTION 2: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 24th DAY OF AUGUST 2021.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
First reading: August 10, 2021
ATTEST:
Clerk-Treasurer
Summary of Ordinance Published: August 27, 2021
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