The Common Council of the City of Superior, Wisconsin, does ordain as follows:

Transcription

1 O18 ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE AND THE PUBLIC SAFETY COMMITTEE PARKS & RECREATION COMMISSION REPEALING AND RECREATING CHAPTER 90 PARKS, RECREATION AND FORESTRY, ARTICLE VII MOTORIZED RECREATIONAL VEHICLES The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1. City Code Chapter 90 Parks, Recreation and Forestry, Article VII Motorized Recreational Vehicles, is hereby repealed and recreated to read as follows: Chapter 90 - PARKS, RECREATION AND FORESTRY ARTICLE VII. - MOTORIZED RECREATIONAL VEHICLES Sec Application of state statutes. Except as otherwise provided in this article, Wis. Stats , , , , , , , , , , and (Snowmobiles), Wis. Stats (3), 23.33(3g), (4), (6), (13) (All-Terrain Vehicles); Wis. Admin. Code NR (All-Terrain Vehicles); and Wis. Stats (Rules of the Road) are hereby adopted by reference and made part of this Code. Any future amendments, revisions, or modifications of these statutes are intended to be incorporated in this Code. Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: All-terrain vehicle means an engine-driven device that has a net weight of 900 pounds or less, which is equipped with a seat designed to be straddled by the operator and is designed to travel on three or more low-pressure tires. A low-pressure tire is a tire that has a minimum width of six inches, which is designed to be mounted on a rim with a maximum diameter of 12 inches and is designed to be inflated with an operating pressure not to exceed six pounds per square inch as recommended by the manufacturer (Wis. Stats (2g)). All-terrain vehicle route means a highway or sidewalk designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized under this section. All-terrain vehicle trail means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways that are seasonally not maintained for motor vehicle traffic. Snowmobile means an engine-driven vehicle that is manufactured solely for snowmobiling, that has an endless belt tread and sled-type runners, or skis, to be used in contact with snow (Wis. Stats (58a)) but does not include such a vehicle that is any of the following:

2 (1) A vehicle that has inflatable tires. (Wis. Stats (58a)(a)) (2) A vehicle that is driven by a motor of 4 horsepower or less and that is operated in sanctioned races, derbies, competitions, or exhibitions or only on private property (Wis. Stats (58a)(b)). Utility Terrain Vehicle means any of the following: 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. A net weight, without fluids, of 2,000 pounds or less. b. Four or more low pressure or non-pneumatic tires. c. A steering wheel. d. A tail light. e. A brake light. f. Two headlights. g. A width of not more than 65 inches. h. A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident. i. 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 Sec Noise prohibited. No person may alter the exhaust system of a motorized recreational vehicle to increase the decibels from the original machine. Modified stock pipes are prohibited. ATVs/UTVs/motorcycles must have functioning spark arresters. Sec Designated trails/routes. (a) No person shall operate a snowmobile, ATV/UTV or recreational vehicle within the city except on designated trails/routes. (b) Trails are as designated by the director of parks, recreation and forestry, and confirmed by the common council. (c) Routes are as follows: YEAR ROUND MULTI-USE Osaugie Trail/Tri County Corridor from Moccasin Mike Road to Loons Foot Landing. Osaugie Trail to East 2 nd Street along 50 th Avenue East.

3 YEAR ROUND ROAD/ALLEY ROUTES North 58 th Street from Albany to Butler Avenue. Butler Avenue to East/West alley between N 58 th Street and North 59 th Street. East/West alley between North 58 th Street and North 59 th Street between Butler Avenue and Hammond Avenue. North 58 th Street/Golf View Drive from Hammond Avenue to Bardon Avenue. North/South T-alley from alley between Tower Avenue and Banks Avenue from North 58 th Street south to North 60 th Street. Bardon Avenue/Woodlawn Road from Golf View Drive to 42 nd Avenue. 42 nd Avenue East/S Co Rd A from Woodlawn Road to City Limit. 42 nd Avenue East northeast to East 18 th Street to 39 th Avenue East to Osaugie Trail. North/South alley between East 1 st Street and East 2 nd Street from 38 th Avenue East to 39 th Avenue East. North/South Alley between East 2 nd Street and East 3 rd Street from 38 th Avenue East to 39 th Avenue East. Bardon Avenue from Golf View Drive to Stinson Avenue. Stinson Avenue from Bardon Avenue to East 5 th Street. 31 st Avenue East from Loons Foot Landing/Osaugie Trail to East 5 th Street. East 5 th Street between Hill Avenue and 31 st Avenue East. 21 st Avenue East from East 5 th Street to East 2 nd Street. 22 nd Avenue East from East 5 th Street to East 2 nd Street. 9 th Avenue East from East 5 th Street to Marina Drive. Marina Drive West to E 2 nd Street and East to the Marina. Hill Avenue from East 5 th Street to Winter Street. Winter Street at Hill Avenue to Susquehanna Avenue.

4 WINTER: Banks Avenue from Winter Street to N 16 th Street. Ogden Avenue from Winter Street to North 6 th Street. North 6 th Street from Hammond Avenue to Banks Avenue. Hughitt Avenue from North 6 th Street to North 4 th Street. Banks Avenue from North 6 th Street to North 3 rd Street. North 3 rd Street between Tower Avenue and Banks Avenue. Susquehanna Avenue from Winter Street to North 16 th Street. North 16 th Street from Iowa Avenue to Elmira Avenue. Iowa Avenue from North 16 th Street to North 19 th Street. Elmira Avenue from North 16 th Street to North 33 rd Street. North 33 rd Street from Elmira Avenue to Albany Avenue. Albany Avenue from North 33 rd Street to North 58 th Street. Moccasin Mike Road from Osaugie Trail to 57 th Avenue East/East 3 rd St, South to City Limits Road, West to its terminus. Millennium trail from Elmira Avenue to Millennium trail head. Billings Drive between 42 nd Street and Hwy 105. McClure's Landing Road from Hwy 105 north to its terminus. The Cross Town Trail from Tri County Corridor/ Loons Foot Landing to North 58 th Street. Osaugie Trail from Loons Foot Landing to E Street. E Street to East 1 st Street. East 1 st Street from E Street to Winter Street. 2 nd Avenue East from Osaugie Trail to East 4 th Street.

5 Sec Conditions. (a) (b) (c) (d) (e) (f) If traveling on a roadway as part of a designated route, motorized recreational vehicles shall be operated on the extreme right side of the roadway and travel with the flow of traffic. On all designated motorized recreational vehicle trails, riders will proceed in single file. Headlights and taillights must be on at all times. Motorized recreational vehicles shall yield the right-of-way to all other vehicular traffic and pedestrians. All drivers are 16 required to have a valid Driver s License. All persons under 18 operating and/or riding on an ATV must wear a helmet. Sec Speed. Snowmobile and ATV/UTV state statutes apply unless otherwise posted. Sec Trail prohibitions. No person shall: (1) Cause damage to natural features of the trail and surrounding property (city-owned or otherwise). (2) Leave the trail except at designated access/egress points. (3) Remove or damage trail signs. (4) Erect signs without the permission of the director of parks, recreation and forestry. (5) Construct trails, alter, reroute, or in any manner change existing trails, without the permission of the director of parks, recreation and forestry. (6) Use historic undesignated (renegade) trails or routes. (7) Dispose of trash or debris on any portion of the trail system or surrounding area other than by depositing it in a container provided by the city for that purpose. (8) Engage in any activity that prohibits someone from engaging in the purpose for which the trail system was intended. (9) Ride trails that are closed. (10) Operate a vehicle other than a recreational vehicle on designated trails within the city. Sec Motorized recreational vehicle routes. (a) The director of parks, recreation and forestry is authorized to designate certain roadways, routes, or areas as motorized recreational vehicle trails. Such designated trails shall be confirmed by the common council. The director of parks, recreation and forestry is authorized to procure, erect, and maintain appropriate motorized recreational vehicle route, trail, and speed limit signs and markers as approved by the state department of natural resources under Wis. Stats No person shall fail to obey any trail/route sign or marker in accordance with this section. (b) The director of parks, recreation and forestry shall officially open and close the trail system each season with a class I notice in the publication of record of the city. The city reserves the right to close any portion of the trail system either temporarily or permanently, for any reason (repair damage, maintenance, safety). (c) City employees may access the trail system in nonrecreational vehicles for employment reasons. The director of parks, recreation and forestry may grant access to the trails at his or her discretion.

6 Sec Enforcement. This article may be enforced by the city police department, the county sheriff's department, or any law enforcement officer. State statutes may be enforced by the state department of natural resources warden. Sec Penalty. Penalties for violations of sections through shall be in accordance with section 1-14 of this Code. SECTION 2. Signs. The Department of Public Works is hereby authorized and directed to erect official signs. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this day of, 2018