Shawano County supervisors approved a new ordinance governing the operation of ATVs and UTVs on county roads but not before being admonished by one of their former members.
“It just amazes me that Shawano County can’t play by the rules,” former Supervisor Peter Schmidt told the board Aug. 27.
He said minutes from committee meetings consistently noted safety issues with the vehicles on county roads.
“I haven’t seen any information … showing the accident counts or how the roads are not safe,” Schmidt said, noting no exact information was ever furnished, just generalities about safety.
He also said state law forbids local authorities from approving such a law.
“No local authority may enact or enforce any traffic regulation unless such regulation is not contrary to or inconsistent with Chapters 341-348 and 350, and is expressly authorized by state statute,” he said. “County boards can only do what the state of Wisconsin says by state statute.”
Schmidt said the county’s attempt to require a class C license to operate an ATV is contrary to state law.
“I can’t find a statute that says county boards have the authority to mandate class D licenses,” he said.
According the ordinance, any 16 or older must possess a valid driver’s license to operate an ATV or UTV on a county highway. The driver must also have the license with him or her while driving on county roads.
Anyone younger than 16 may operate an ATV on a designated county route only if he or she is accompanied by his or her parent or guardian.
The law already requires UTV drivers to be at least 16 to drive on roads. The minimum age is 12 for ATVs, according to the Department of Natural Resources’ laws.
Open containers of alcoholic beverages or other intoxicants are prohibited for operators or passengers while operating on any ATV/UTV on roads.
A few supervisors opposed the ordinance, not because they disagreed with the safety factors, but because they believed the state should set a law governing all counties.
“You’re just making the situation confusing,” Supervisor Al Kuhn said. “Wait until the state comes down with something, and then it would be statewide. Everybody would know where you stand and what it is.”
Supervisor Joe Miller said the DNR and Department of Transportation should work together for a statewide law.
“I really believe this is premature on our behalf,” he said. “We understand the safety concerns. However, there is a right way to go about it. This is a little bit early.”
Sheriff George Lenzner said many counties have similar ordinances.
“I agree with Al and Joe that the state needs to do something, but since the state does not seem to be acting on this quick enough, to save lives, we thought we would act on it like other counties have,” he said. “We’re the ones that are allowing them on the roadway in this county to begin with. Other counties feel that if they’re going to allow on the roadway, then they’re going to make the rules while they’re on the roadway.”
Supervisor Randy Young questioned why the original plan to require insurance was not part of the law. Lenzner said he made that request, but Larenda Maulson, corporation counsel, did not include it in the ordinance, and no information was provided as to why.
The city of Shawano is looking at requiring insurance for ATV/UTV drives on city streets.
The ordinance passed 21-3 with Kuhn, Miller and Ken Capelle voting against it. Russell Gehm, William Switalla and Mike Wizner were absent.
kpasson@newmedia-wi.com
