Section VEH.02.05 — Minimum Requirements And Prohibitions
(a) The minimum age to operate an ATV is twelve (12) years of age.
(1) Effective January 1, 2001 operators under sixteen (16) will be required to have obtained a safety certificate and to carry the safety certificate while operating an ATV.
(2) A copy of the ATV Safety Ordinance shall be given to each certificate holder.
(b) Operators under eighteen (18) years of age must wear safety helmets.
(c) Only Tribal members, a spouse of a Tribal member, or direct descendants may be an operator.
(1) Tribal member spouses and direct descendants are required to have a Tribal permit issued by the Department of Public Safety.
(A) The annual permit fee shall be $10.00 and the permits shall expire on December 31 of each year.
(B) A copy of the ATV Safety Ordinance shall be given to each permit holder.
(d) All ATVs must be registered with the Department of Public Safety within 15 days of purchase, transfer or delivery on the reservation. There is no fee for the ATV registration and the ATV registration does not need to be renewed unless sold, transferred or gifted to another buyer.
(1) A copy of the ATV Safety Ordinance shall be given to the owner of the ATV.
(e) While operating an ATV:
(1) No more than one person (the operator) may be on an ATV, unless the ATV is factory designed to carry more than one person.
(2) Headlights, if equipped on the ATV, must be turned on. If driving at night, the ATV must be equipped with headlight and taillights, and must be turned on.
(3) Operators shall be strictly liable for property damage, except for possible claims of comparative negligence.
(4) The maximum speed limit for ATVs on roadways is 20 miles per hour. If the road is posted at a slower speed, the slower speed is the maximum speed limit. Between the hours of 10:30 p.m. and 7:00 a.m. the maximum speed is 20 miles per hour if operated within 150 feet of a dwelling.
(5) ATVs are prohibited from operating:
(A) In designated wilderness areas, as defined in the Land Use Plan.
(B) In waterways and on walking trails.
(C) In the Tribal cemeteries.
(D) Creating new trail systems or paths without prior Tribal Council approval.
(E) With any after market modification to the muffler system that would lead to increased or excessive noise.
(6) The operator shall always operate the ATV in a reasonably safe manner and shall obey all other rules of the road.
(A) On a roadway, the operator shall drive on the side of the road which is with the general flow of vehicle traffic and shall operate the ATV the furthest to the edge of the roadway, including ditches, as is reasonably safe.
(B) Operating ATVs on shoulders is prohibited, except when yielding to motor vehicle traffic, when crossing a road, or in an emergency situation, provided that the operator uses care not to cause damage to the shoulder or to spread gravel on to the road.
(C) Reckless operation by an operator of an ATV is prohibited.
(D) Operators are prohibited from operating while under the influence as defined in Wis. Stats. 346.63(1)(a), 346.63(1)(b) and 346.63(2m). For the privilege of operating an ATV, Operators have given implied consent to appropriate testing by law enforcement. Law enforcement and/or the court may utilize applicable Wisconsin state law for procedures for obtaining blood or breath samples or other applicable procedures and law.
(7) In the Many Trails Park area:
(A) ATV's are prohibited from operating in the bowl area of Pow Wow grounds.
(B) ATV's are required to stay on marked roadways.
