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Ordinance Regulating the Operations of All-Terrain Vehicles (ATVs) and Utility Terrain Vehicles (UTVs) in the City of Medford.

City of Medford Common Council Meeting Minutes

Tuesday, September 17, 2019; 6:00 PM

Council Chambers, City Hall

639 South Second Street, Medford, WI

 

{Subject to Council Approval}

 

Call to Order/Roll Call

 

Mayor Mike Wellner called the meeting to order with the following members present: Dave J. Brandner, Greg Knight, Peggy Kraschnewski, Christine Weix, Dave Roiger, Mike Bub, and Clem Johnson.  Alderperson Laura Holmes was an excused absence.  All vote tallies will be with the exception of Alderperson Holmes' vote.

 

Pledge of Allegiance

 

Alderperson Kraschnewski began the meeting by leading the group in the reciting of the “Pledge of Allegiance”.

 

Open Meeting Law Compliance

 

Mayor Wellner announced that this was an open meeting of the Common Council. Notice of this meeting was given to the public at least 24 hours in advance of the meeting by forwarding the complete agenda to the official City newspaper, The Star News, and to all news media that have requested the same as well as posting. Copies of the complete agenda were available for inspection at the City Clerk’s Office. Anyone desiring information as to forthcoming meetings should contact the City Clerk’s Office.

 

City Personnel Present

 

The following City personnel were present:  City Clerk Ginny Brost, Street & Water Superintendent Joe Harris, Treasurer Kevin Doberstein, Electric Utility Manager Spence Titera, Wastewater Utility Superintendent Ben Brooks, and Police Chief Bryan Carey. Coordinator/Public Works Director John Fales and City Attorney Courtney Graff were excused absences.

 

Visitors Present

 

Visitors present were Brian Wilson-Star News, Don & Sandy Liske, Jeff Hemer, Pat & Carol Chariton, Ryan Bahr, and Eric Evans.

 

Citizens & Delegations Comments

 

No citizens or delegations addressed the Council.

 

Minutes

 

 

Peggy Kraschnewski moved, Greg Knight seconded a motion to approve the following minutes, and place the same on file in the Clerk's Office:  (1)  September 9, 2019 Committee of the Whole meeting, (2) September 9, 2019 Special Council meeting, (3)  September 9, 2019 Special Council-Closed Session, and (4) September 9, 2019 Budget Review Session.  All in favor:  All Aye. Motion Carried.

 

Ordinance Regulating the Operations of All-Terrain Vehicles (ATVs) and Utility Terrain Vehicles (UTVs) in the City

 

Greg Knight moved, Dave Roiger seconded a motion to suspend Council Rules #12A & #12B, and adopt Ordinance #1044 that revises the City's regulations on the operation of All-terrain Vehicles (ATVs) and Utility Vehicles (UTVs) in the City as follows:

 

All-Terrain Routes – The following language was deleted “No person shall operate an all-terrain vehicle on any City street or public property not designated as an all-terrain route or trail”.

 

Resident Access -  New language added that states any resident of the City legally operating an all-terrain vehicle between their place of resident and the all-terrain vehicle trail/route closest to his/her residence.  For the purpose of this section, currently registered guests of a hotel/motel in the City shall be considered residents.

 

All-Terrain Vehicle Routes – Language changed to read “All-terrain vehicles shall not be operated on any sidewalk, walking path or when snowmobile trails are closed.”

 

Age Requirement – Delete “road routes in the City” to “City streets”.

 

Speed Limit – The speed limit was changed from 15 mph to the posted street limit not to exceed 35 mph.

 

Operating Requirements – Language changed to read “All all-terrain vehicles operating in the City shall have fully functional headlights, tail-lights, and brake lights.”

 

Hours of Operation – No person shall operate an all-terrain vehicle in the City between the hours of midnight to 6 AM.  Previously, the hours were limited to 2 AM to 6 AM.

 

Licensing, Insurance, and Registration

 

  • New language was added to state that every person who operates an all-terrain vehicle on a City street shall have in his or her possession a valid motor vehicle operator’s license, and shall display the license document upon demand from any law enforcement officer or official described in Wisconsin Statute §23.33(12).   (Reference Wisconsin State Statute §23.33(12) regarding all-terrain vehicles-enforcement and Wisconsin State Statute §346.04 regarding obedience to traffic officers, signs/signals, fleeing from officer.) 

 

  • Language was also added that states every person who operates an all-terrain vehicle on a segment of City street shall carry liability and/or other insurances consistent with Wisconsin State law for the operation of a motorized vehicle.  (Reference Wisconsin State Statute §344.62 regarding motor vehicle liability insurance required.)

 

Nuisance Activities – The following language was added “Cruising is prohibited.  No person shall, while operating an all-terrain vehicle, engage in the practice of cruising on any authorized road.  Cruising is defined as running all or part of the length of roadway multiple times, per day, back and forth, for any purpose other than departing or arriving at their residence or place of lodging.

 

Effective Date – The ordinance will be in effect upon its adoption and publication.

 

Council and public comments included:  (1)  Suggested the Council allow business owners to travel to their place of business similar to what City residents are allowed.  (2)  Suggested that the City extend the Allman Street ATV/UTV route from Seventh Street to the east City limits.  This would include the Allman Street roundabout.  (3)  Business owners in the City should have the same rights as City residents.  (4)  Business owners pay property taxes.  (5)  Alderperson Knight read a letter from a City resident opposing the opening of City streets to ATVs/UTVs.  (6) According to the Department of Transportation statistics, it is safer to travel through a roundabout than to travel through an intersection. (7)  A safety concern was expressed with semi-trucks sharing a roundabout with ATVs/UTVs, and the danger it poses for ATV/UTV operators.  (8)  The City has a duty to local businesses to help create tourism revenues, and should open City streets for ATV/UTV travel.  (8)  The City is losing tourism revenues by not opening the City streets to ATV/UTV travel.

 

Mike Bub moved, Dave Roiger seconded a motion to amend the original motion to allow City business owners to travel to their business using the closes all-terrain vehicle route to their business.  Roll Call Vote on the Amending Motion:  Dave J. Brandner-Yes; Laura Holmes-Absent; Greg Knight-Yes; Peggy Kraschnewski-Yes; Christine Weix-Yes; Dave Roiger-Yes; Mike Bub-Yes; Clem Johnson-Yes (7 Yes; 0 No; 1 Absent)  Amending Motion Carried.

 

Clem Johnson moved, Dave Brandner seconded a motion to amend the original motion to include extending the Allman Street route from North Seventh Street to the east City limits. Roll Call Vote on the Amending Motion:  Dave J. Brandner-Yes; Laura Holmes-Absent; Greg Knight-No; Peggy Kraschnewski-Yes; Christine Weix-Yes; Dave Roiger-Yes; Mike Bub-Yes; Clem Johnson-Yes (6 Yes; 1 No; 1 Absent)  Amending Motion Carried.

 

Roll Call Vote on the Original Motion as Amended:  Dave J. Brandner-Yes; Laura Holmes-Absent; Greg Knight-No; Peggy Kraschnewski-Yes; Christine Weix-Yes; Dave Roiger-Yes; Mike Bub-Yes; Clem Johnson-Yes (6 Yes; 1 No; 1 Absent)  Original Motion as Amended Carried.

 

Note:  The ordinance as amended will be published, but will not take effect until all State required signs are posted. Funding for the signs will be placed on the September 30, 2019 Committee of the Whole meeting for discussion/recommendation.  Police Chief Carey & Street & Water Superintendent Harris will prepare a memo that will include the number of signs required and the cost of the signs and labor.

 

 

 

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639 S. Second Street, Medford, WI 54451

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