ORD2025.1496-ATV UTV.finalCOMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1496
AN ORDINANCE TO ADD CHAPTER 135 TO THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
(All -Terrain Vehicles and Utility -Terrain Vehicles)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 135 is hereby added to the Municipal Code of the City of
Muskego to read as follows:
§ 135-1. Definitions.
All -Terrain Vehicle (ATV). A commercially designed and manufactured motor -driven
device that does not meet federal motor vehicle safety standards effective July 1, 2012,
that is not a low speed vehicle, neighborhood electric vehicle, golf cart, dune buggy,
mini -truck, tracked vehicle, or vehicle described in Muskego Municipal Code Chapter
229, that is designed to be used primarily off of a paved road, and that has, and was
manufactured with, all of the following:
1) A weight, without fluids, of 900 pounds or less.
2) Four or more tires.
3) A steering handlebar, single or dual headlights, a tail and brake light.
4) A width of no more than 50 inches.
Utility -Terrain Vehicle (UTV). A commercially designed and manufactured motor
driven device that does not meet federal motor vehicle safety standards effective July 1,
2012, that is not a low speed vehicle, neighborhood electric vehicle, golf cart, dune
buggy, mini -truck, tracked vehicle, or vehicle described in Muskego Municipal Code
Chapter 229, that is designed to be used primarily off of a highway, and that has, and
was manufactured with, all of the following:
1) A weight, without fluids, of 3,000 pounds or less.
2) Four or more tires.
3) A cargo box installed by the manufacturer measured laterally between the
outermost wheel run on each side of the vehicle, exclusive of tires, mirrors, and
accessories that are not essential to the vehicle's basic operation.
4) A steering wheel, tail and brake lights, and two headlights.
5) A width of no more than 65 inches.
6) A system of seat belts, or similar system, for restraining each occupant of the
device in the event of a collision.
7) A system of structural members designed to reduce the likelihood that an
occupant would be crushed as a result of a rollover of the device (roll bars).
ATV/UTV Route. A street designated for use by ATV/UTV vehicle operators by the
governmental agency having jurisdiction as authorized by this Chapter.
Ordinance #1496
pg. 2
Operate. To exercise physical control over the speed or direction of an ATV or
physically manipulate or activate any of the controls of an ATV necessary to put it into
motion.
State Trunk Highway. Any highway designated pursuant to Wis. Stat. § 84.29 as part
of the state trunk highway system.
City Streets. Every named, paved public right-of-way within the corporate limits of the
City, inclusive of State Connecting Highways, and excluding alleys.
§ 135-2. Adoption of Statutory provisions.
The current provisions of § 23.33, Wis. Stats., and any successor, are fully incorporated
herein by the City of Muskego.
§ 135-3. All-Terrain/Utility-Terrain vehicle routes.
A. ATV/UTV operation shall be authorized on all City streets, except as limited by state
law.
B. A person may operate an ATV/UTV on or near a County Highway Located within the
City of Muskego if the operator complies with the posted speed limit of the County
Highway, and the purpose of said operation is to cross the County Highway to get to
a connecting City street that is also designated for ATV/UTV operation.
C. In addition to sub. B, above, regarding the operation of an ATV/UTV on any roadway
not designated for ATV/UTV operation by the City of Muskego, an operator shall
comply with all restrictions contained within Wis. Stat. § 23.33 (4) (a — f).
§ 135-4. Age Requirement
A. All ATV/UTV operators shall be 16 years or older to operate an ATV/UTV on road
routes in the City, holding a valid Wisconsin Driver's License. The operator, upon
request from any law enforcement officer, state patrol, or inspector under Wis. Stat.§
110.07 (1), conservation warden, or municipal peace officer shall display said
operator's license to said agent as well as proof of insurance and registration.
B. All ATV/UTV operators born on or after Jan. 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 any ATV/UTV in public, and
display it to a law enforcement officer upon request.
§ 135-5. Speed Limits.
All ATV/UTV operators shall observe the posted speed limits on City streets
§ 135-6. Registration and Display of Registration
All ATV/UTV vehicles operated within the City of Muskego on designated routes are
required to have State of Wisconsin registration as issued by the Wisconsin Department
of Natural Resources and display such registration on the ATV/UTV vehicle.
Ordinance #1496
pg. 3
§ 135-7. Operating Requirements.
A. All ATV/UTV operators shall ride single file on the right side of the City Street but
shall not operate on any unpaved or shoulder section of City Streets.
B. Headlights and taillights shall be present and on at all times
C. ATVs/UTVs shall yield the right-of-way to non -motorized vehicles, such as
bicycles and pedestrians
D. No person shall leave or allow an ATV/UTV owned or operated by him/her to
remain unattended on any public highway or public property while the motor is
running or with the starting key left in the ignition.
E. No owner having charge or control of an ATV/UTV shall authorize or permit any
person to operate such ATV who is not permitted under state law to operate an
ATV/UTV or who is under the influence of an intoxicant or a dangerous or
narcotic drug.
F. Wis. Stat. § 346.63, which prohibits the operation of a motor vehicle while under
the influence of an intoxicants or other drugs, shall apply to the operation of an
ATV/UTV at any place within the City.
G. Snow Removal:
1) In the event a snow emergency is declared, operation of an ATV/UTV in the
City shall be allowed at any time of day, only for the distinct purpose of
removing and/or plowing snow.
2) Operation is only allowed for snow plowing/removal from October 1 through
April 30.
3) Machines must display one or more illuminated, yellow light(s) that are
flashing or rotating and visible for 360 degrees around the vehicle
H. No operator or passenger of an ATV/UTV may possess in or on an ATV/UTV on
any City Street in the City of Muskego, any bottle or receptacle containing alcohol
beverages if the bottle or receptacle has been opened, the seal has been broken,
or the contents of the bottle or receptacle have been partially removed or
released.
I. No operator shall operate an ATV/UTV so as to cause the tires thereof to squeal,
the horn to blow excessively, the motor to race excessively, or by emitting
unnecessary and loud muffler noises.
J. ATVs/UTVs shall only be operated on paved surfaces, unless yielding the right -of
way. ATVs/UTVs shall not operate in any public municipal property, public park,
public walking trail, public sidewalk, public alley, public unpaved surface, or on
any private property without permission of the property owner; except that
operators may park ATVs/UTVs in public parking lots in accordance with any
other ordinance requirements.
Ordinance #1496 pg. 4
K. Operators shall have liability insurance consistent with State of Wisconsin
requirements for motor vehicles and shall have and provide proof of said
insurance while operating an ATV/UTV.
L. Parking. ATVs/UTVs shall be subject to all parking requirements and allowances
of motor vehicles included in the City of Muskego Municipal Code, except that
ATVs/UTVs shall not be parked overnight on any City Street or parking lot.
M. Tires. Every ATV/UTV tire shall have at least 2/32-inch tread depth in every
major tire groove measured at 2 points no less than 15 inches apart.
N. Protective Gear/Equipment:
1) Eye Protection: No person may operate an ATV/UTV without wearing any of
the following eye protection: a protective face shield attached to the
headgear, glasses, goggles, or a windshield on the ATV/UTV that rises a
minimum of 15 inches above the handlebar or steering wheel. This section
shall not apply to persons operating an ATV/UTV in a parade sanctioned by
the City of Muskego.
2) Helmet: All ATV/UTV operators and passengers under the age of 18 are
required to wear a minimum Wisconsin Department of Transportation (DOT)
standard ATV or motorcycle helmet with the chin strap properly fastened.
Bicycle helmets do not meet this requirement.
§ 135-8. Signage.
Upon Approval by the Common Council, the Director of Public Works or his designee,
shall mark entrances to the City with signage in accordance with Wis. Admin. Code NR
§ 64.12 and NR § 64.12 (7) (c). Signs shall be maintained by the City. No person may
erect or remove any official sign unless authorized by the City.
§ 135-9. Violations and Penalties.
A. For violations of rules of the road, those fines shall be as set forth in the State of
Wisconsin Revised Traffic Deposit Schedule.
B. For all other violations, the fine shall be as set forth in City of Muskego Municipal
Code § 1-4.
§ 135-10. Enforcement.
This chapter shall be enforced in the same manner as provided for the enforcement of
the state traffic laws and as provided in The City of Muskego Municipal Code § 343-12
A — D, which provisions are incorporated herein by reference.
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
Ordinance #1496
pg. 5
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 ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance is in full force and effect from and after passage and
publication subject to approval.
PASSED AND APPROVED THIS 11th DAY OF FEBRUARY 2025.
ATTEST:
City Clerk
CITY OF MUSKEGO
Rick Petfalski, Mayor
First Reading: January 28, 2025
Summary of Ordinance Published: , 2025
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