PUBLIC WORKS AND SAFETY COMMITTEE Packet 01202025CITY OF MUSKEGO
PUBLIC WORKS AND SAFETY
COMMITTEE AGENDA
01 /20/2025
5:00 PM
Muskego City Hall, W182 S8200 Racine Ave
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
STATUS OF PROJECTS
Discussion update. No formal action may be taken on the following:
• Hillendale Drive Reconstruction Project
• Road Program 2024/2025
• PP/II 2024/2025 Project
be C21 of
SKEGO
UNFINISHED BUSINESS
Discussion update and possible action may be taken on any or all of the following:
NEW BUSINESS
Discussion update and possible action may be taken on any or all of the following:
ATV/UTV Use on City Streets
Memo - ATV-UTV.pdf
Draft ATV-UTV Ordinance - 1- 17- 25 v4 JJW.pdf
Chronic Nuisance Premises
Memo - Chronic Nuisance.pdf
Draft Ordinance - Chronic Nusiance - 1-7-25.pdf
Slow No Wake Orders
Memo - Slow No Wake.pdf
Draft Ordinance - Slow No Wake v3.pdf
NEW BUSINESS PLACED ON FILE
(The following items have been placed on file for staff review. Upon completion of review, staff will
submit a supplement detailing options and possible course action to committee members.)
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
NOTICE
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IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE
MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN
BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY
REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS
THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT
MUSKEGO CITY HALL, (262) 679-4100.
Memo To: Public Works & Safety Committee
From: City Staff
Date: 1-15-2025
Subject: Public Request to Allow ATV/UTV Use on Public Streets
Alderman Schwer has submitted a request to the Common Council to consider an ordinance
allowing all -terrain vehicles (ATVs) and utility -terrain vehicles (UTVs) to operate on public
streets within the City of Muskego. The proposed ordinance, Chapter 301, outlines regulations
and requirements to ensure safe and controlled use of these vehicles. This request originated
from numerous requests from the public to allow the use of these vehicles on city streets.
Key provisions of the ordinance include:
1. Definitions: Specifies criteria for ATVs and UTVs, including weight, dimensions, and
equipment standards (e.g., lights, seat belts, roll bars).
2. Routes: Authorizes ATV/UTV use on all city streets, excluding alleys and unpaved
shoulders.
3. Operator Requirements:
o Minimum age of 16 with a valid Wisconsin driver's license.
o Safety certification for operators born on or after January 1, 1988.
4. Operational Rules:
o Observance of speed limits.
o Use of headlights and taillights at all times.
o Prohibition on operating under the influence of alcohol or drugs.
o Restricted operation hours (10:30 PM to 7:00 AM) except during snow
emergencies for plowing purposes.
5. Safety Measures:
o Mandatory insurance and proof of registration.
o Eye protection and helmets required for operators/passengers under 18.
o Yielding to non -motorized traffic.
6. Enforcement: Penalties align with state traffic laws and Muskego Code of Ordinances.
The ordinance also details signage requirements at city entrances and designates enforcement
responsibilities to law enforcement and municipal officers.
This request aims to enhance recreational opportunities for residents while maintaining public
safety and infrastructure integrity. The committee is invited to review the ordinance and provide
recommendations to the Common Council.
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The City of Muskego Common Council of the City of Muskego does ordain as follows:
Chapter 301 All -Terrain Vehicles and Utility -Terrain Vehicles
Sec. 301-1 — Definitions.
A. 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 chpt. 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.
B. 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 chpt. 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).
C. ATV/UTV Route: A street designated for use by ATV/UTV vehicle operators by the
governmental agency having jurisdiction as authorized by this Chapter.
D. Operate: To exercise physical control over the speed or direction of an all -terrain vehicle or
physically manipulate or activate any of the controls of an all -terrain vehicle necessary to put
it into motion.
E. State Trunk Highway: Any highway designated pursuant to Wis. Stat. § 84.29 as part of the
state trunk highway system.
F. City Streets: Every named, paved public right-of-way within the corporate limits of the City,
inclusive of State Connecting Highways, and excluding alleys.
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Sec. 301-2 — Adoption of Statutory —provisions.
A. The current provisions of § 23.33, Wis. Stats., and any successor, are fully incorporated
herein by the City of Muskego.
Sec. 301-3 — 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).
Sec. 301-4 — Age Requirement.
A. All ATV/UTV operators shall be 16 years or older to operate an all -terrain vehicle 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 Wisconsin Statutes §
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.
Sec. 301-5 — Speed Limits.
A. All ATV/UTV operators shall observe the posted speed limits on City streets.
Sec. 301-6 — Registration and Display of Registration.
A. 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.
Sec. 301-7 — 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. All-terrain/utility terrain vehicles shall yield the right-of-way to non -motorized vehicles,
such as bicycles and pedestrians
D. No person shall leave or allow an all-terrain/utility terrain vehicle 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 all-terrain/utility terrain vehicle shall authorize or
permit any person to operate such all -terrain vehicle who is not permitted under state law to
operate an all-terrain/utility terrain vehicle 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 all-terrain/utility
terrain vehicle at any place within the City.
G. No person shall operate an all-terrain/utility terrain vehicle in the City between 10:30 P.M.
and 7:00 A.M.
H. Snow Removal:
(1.) In the event a snow emergency is declared, operation of an all-terrain/utility terrain
vehicle in the City shall be allowed at anytime 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
I. No operator or passenger of an all-terrain/utility terrain vehicle may possess in or on an all-
terrain/utility terrain vehicle 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.
J. 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.
K. 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.
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L. 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.
M. 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.
N. 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.
O. 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.
Sec. 301-8 — Signage.
A. 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.
Sec. 301-9 — 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 Chapter 1, § 1-4, of the Muskego
Code of Ordinances.
Sec. 301-10 — Enforcement
A. 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.
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Effective Date: This section will become effective upon its passage.
Passed this day of , 2025.
� t4e Cmq ,!
USKEGO
POLICE DEPARTMENT
Muskego Public Safety Committee.:
Summary of Proposed Ordinance
Chief of Police Stephen Westphal
January 17 2025
The City of Muskego Common Council is considering amendments to §263-25 of the Muskego Municipal
Code regarding Chronic Nuisance Premises/Activities. The ordinance outlines penalties and enforcement
procedures for properties or individuals deemed chronic nuisances due to excessive demands on city
resources. Below is a summary of the proposed changes:
Key Provisions of the Ordinance
1. Definition of Chronic Nuisance
o A chronic nuisance is defined as:
■ Premises or persons responsible for three or more police enforcement actions
within a 12-month period.
■ Premises with three or more fire department calls deemed inappropriate,
unnecessary, or non -emergency.
■ Premises exceeding general and adequate city services, causing undue burdens
on taxpayers or city resources.
2. Penalties for Violations
o Penalties apply to property owners, agents, managers, tenants, occupants, visitors, or
any person in violation of the ordinance.
o Penalties include arrests, citations, or fines as follows:
■ First Offense: $565 plus court costs.
■ Second Offense: $1,000 plus court costs.
■ Subsequent Offenses: $1,500 or more at the Chief of Police's discretion, plus
court costs.
3. Enforcement Actions
o Enforcement includes arrests, law enforcement intervention, citations, or verbal/written
warnings, as determined by the Chief of Police.
4. Authority
o The Chief of Police and designees are authorized to determine violations and enforce
penalties.
Purpose of the Ordinance
The ordinance aims to:
• Address properties and individuals that disproportionately consume city resources.
• Ensure equitable distribution of police, fire, and city services.
• Reduce undue taxpayer burdens caused by repeat violations.
W 182 S8200 Racine Avenue, Muskego, WI 53150 (262) 679-4130 Fax (262) 679-4113 9
Effective Date:
The ordinance will take effect immediately upon its passage by the City of Muskego Common Council.
This amendment seeks to enhance the city's ability to manage chronic nuisances and preserve public
safety and resources.
Sincerely,
Stephen Westphal
Chief of Police
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The City of Muskego Common Council of the City of Muskego does ordain as follows:
§ 263-25 Chronic Nuisance Premises/activities
(*Amend ordinance § 263-25 Violations and penalties; and § 263-26 Enforcement,
to the following ordinance sections § 263-26 and § 263-27, respectively.)
A. Any Person(s) or Premises determined by the Chief of Police to be a Chronic nuisance, shall be in
violation of this ordinance may be subject penalties.
(1.) When it is determined that a Person(s) or Premises is in violation of this ordinance, the
Chief of Police may administer penalties against, but not limited to, the following person(s):
(a.) A Property Owner, Agent, Manager, Tenant, Occupant, Invitee, Licensee,
Visitor, or any other person(s) determined to be in violation of this ordinance.
(2.)Under this section (§ 263-25 of the Muskego Municipal Code), penalties may include, but
are not limited to, arrests, citations, or fines.
(a.) Fines shall be assessed according to the following schedule:
(i.) First Offense: $565 plus court costs
(ii.) Second Offense: $1,000 plus court costs
(iii.) All subsequent violations: $1,500 or more at the discretion of the Chief
of Police, plus court costs.
B. For the purposes of this ordinance, Chronic nuisance shall be defined as, but not limited to, the
following:
(1.) Any Person(s) or Premises which has generated three or more calls for Police, that
have resulted in enforcement action on three separate occasions within a consecutive 12-
month time period.
(a.)Three or more calls for services resulting in enforcement action including
action taken against any person(s) associated with the premises while at or
within the legal boundary limits of the property;
(2.)Any Person(s) or Premises which has generated three or more calls for Fire
Department services that are deemed inappropriate, unnecessary, or non -emergency
requests for service.
(3.)Any Person(s) or Premises that receives more than the level of general and adequate
Police, Fire, or any other city services, resulting in an undue and inappropriate burden
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on, the taxpayers of the city, or resources of the Police, Fire, or any other city
department(s).
C. For the purposes of this ordinance, Enforcement action shall be defined as, any action resulting
in, but not limited to, excessive use of city resources, arrest, law enforcement intervention, the
issuance of a citation, or the issuance of a verbal or written warning.
D. For the purposes of this ordinance, Chief of Police shall include the City of Muskego Chief of
Police and any person(s) that the Chief of Police designates, assigns, or requests to enforce this
ordinance.
Effective Date: This section will become effective upon its passage.
Passed this day of , 2025.
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Memo
To: City of Muskego Public Works and Public Safety Committee
From: Ryan Beilfuss — DPW Superintendent
Date: 1/16/25
Subject: Summary of Proposed Ordinance §278-20 Slow No Wake Orders
Summary of Proposed Ordinance
The City of Muskego Common Council is considering an amendment to §278-20 to address "Slow No Wake
Orders" with specific provisions regarding water levels and penalties, as outlined in §278-21. Below is a
summary of the key components of the proposed ordinance:
1. Slow -No -Wake Restrictions Based on Water Levels
o Restrictions are implemented when water levels exceed specified benchmarks at the following
lakes:
• Big Muskego Lake: +6 inches above normal level (benchmark: S 106W 17398 Muskego
Dam Dr.)
■ Little Muskego Lake: +8 inches above normal level (benchmark: S75WI8114
Janesville Rd.)
■ Lake Denoon: +12 inches above normal level (benchmark: 26905 Denoon Rd.).
o Restrictions will be posted at all public access points when in effect.
2. Emergency Orders
o The Superintendent of Public Works can advise the Chief of Police to enact an Emergency
Slow -No -Wake Order or a stricter ban on all boating activities.
o These emergency orders remain in effect until lifted by the Chief of Police, in consultation with
the Superintendent.
3. Proactive Measures
o If rising water levels pose a risk, the Superintendent may preemptively recommend an
emergency order.
4. Delegation of Authority
o The Chief of Police and Superintendent may designate individuals within their departments to
execute duties under this ordinance.
Effective Date:
The ordinance will take effect upon its passage by the City of Muskego Common Council.
This proposed ordinance seeks to enhance safety and prevent environmental damage during high-water events
while granting flexibility for timely enforcement.
For additional details or further discussion, please let me know.
Recommendations The Public Safety Committee should consider:
1. Endorsing the proposed ordinance for adoption by the Common Council.
2. Discussing mechanisms for public notification during emergency orders.
3. Reviewing the ordinance language with legal counsel to ensure compliance with state and local
regulations.
Next Steps Should the committee approve, the proposed ordinance will be forwarded to the Common Council
for formal adoption, with any recommended amendments incorporated.
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The City of Muskego Common Council of the City of Muskego does ordain as follows:
§278-20 Slow No Wake Orders * (amend penalties to §278-21)
(1) No person shall operate a motorboat or personal watercraft faster than slow -no -wake in the
waters of:
(A.) Big Muskego Lake when the water levels exceeds normal operating level elevation (+
6") as based on the bench mark located at (S 106W 17398 Muskego Dam Dr.).
(B.) Little Muskego Lake when the water levels exceeds normal operating level elevation (+
8") as based on the bench mark located at (S75W18114 Janesville Rd.).
(C.) Lake Denoon when the water levels exceeds normal operating level elevation (+12") as
based on the bench mark located at (Across the street from 26905 Denoon Rd.).
(2) This slow -no -wake restriction will be posted at all public access points when in effect.
(3) When the Superintendent of Public Works, in his/her sole discretion deems necessary, they
shall advise the Chief of Police to enact an Emergency Slow -No Wake Order. The Chief of
Police will enact the Emergency Slow -No Wake Order or, should it be deemed necessary, an
Order in which no boat or personal watercraft of any kind may be on the lake. Once enacted
the Chief of Police shall alert the proper committees, agencies, and authorities. While this
Emergency Slow -No Wake Order is in effect no one will be allowed to operate any
motorboat in excess of slow -no wake at any time day or night. When the Emergency Slow -
No Wake Order is enacted it will remain in effect until the Chief of Police lifts the Order
after consultation with the Superintendent of Public Works.
(4) When the Superintendent of Public Works, in his/her sole discretion, has reason to believe
that water levels have the potential and impact to exceed normal operating level elevations
listed in subsection (1), the Superintendent of Public Works shall advise the Chief of Police
to enact an Emergency Slow -No Wake Order. The Chief of Police has the power to enact the
Emergency Slow -No Wake Order or, should it be deemed necessary, an Order in which no
boat or personal watercraft of any kind may be on the lake. Once enacted the Chief of Police
shall alert the proper committees, agencies, and authorities. While this Emergency Slow -No
Wake Order is in effect no one will be allowed to operate any motorboat in excess of slow -no
wake at any time day or night. When the Emergency Slow -No Wake Order is enacted it will
remain in effect until the Chief of Police lifts the Order after consultation with the
Superintendent of Public Works.
(5) The Chief of Police and Superintendent of Public works may designate, at any time, a
Person within their respective departments to carry out the duties and roles, as are outlined
in this ordinance.
Effective Date: This section will become effective upon its passage.
Passed this day of )2025.
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