New rules are in place for all-terrain vehicles and utility-terrain vehicles in the city of Shawano, although the Shawano Common Council was split on the changes.
The council voted 4-2 on the rules Nov. 12, with Aldermen Brad Keuschel and John Hoeffs casting votes against. Keuschel expressed concern about the rules differing from state law and what other counties require, while Hoeffs felt ATVs and UTVs should be under the same rules as motor vehicles, with insurance requirements being one of the factors.
The city’s ordinance is similar to what the Shawano County Board of Supervisors approved in September after concerns about teens crashing vehicles, with death being the occasional result, as well as adult operators using the vehicles to drive around the community after their driver’s licenses have been revoked or suspended.
These are the revisions to the existing ordinance:
• All ATV/UTV operators are required to display fully functional lighted headlamps (white light), tail lamps (red light) and brake lights at all times while operating on all segments of city roads. Off-road auxiliary lighting on ATVs/UTVs are prohibited on city roadways.
• No person younger than 12 shall operate an ATV or UTV under any circumstance.
• Persons 16 or older must possess a valid driver’s license to operate an ATV or UTV on all segments of city roads and shall have the valid driver’s license in his or her immediate possession during operation.
• No person younger than 16 may operate an ATV or UTV on any segment of city roads, unless he or she is accompanied by his or her parent or guardian or by a person who is at least 18 who is designated by the parent or guardian. Anyone accompanying those younger than 16 must possess a valid driver’s license.
• All operators born on or after Jan. 1, 1988, and are older than age 12 are required to complete an approved ATV/UTV safety course and shall possess a valid safety certificate to operate an ATV/UTV.
• No person may operate or be a passenger on an ATV or UTV without wearing protective headgear of the type required in Wisconsin statutes, section 347.485(1)(a), unless the person is a least 18.
• Open containers of alcoholic beverages or other intoxicants are prohibited for an ATV/UTV operator or passengers while operating on any roadways in the city.
• A golf cart is not an ATV or UTV. Operation of golf carts on city roadways is prohibited.
• Every ATV/UTV shall be equipped, maintained and operated to prevent excessive or unusual noise. No person shall operate an ATV/UTV on a city roadway unless such ATV/UTV is equipped with a muffler or other noise-suppressing system in good working order and in constant operation. It shall be unlawful to use a muffler cutout, bypass or similar device on any ATV/UTV in a manner such that noise emitted by the ATV/UTV increases to a level higher than as originally manufactured.
The issue of ATVs and UTVs on city streets has been an issue for more than a year, with residents concerned about young drivers and drunken operators causing issues in the community. Mike Mahloch, public works director, said the additional rules were meant to protect public safety.
“It’s primarily safety issues the city wants to address,” Mahloch said.
The ATV/UTV ordinance was first implemented by the city in April 2021, starting with use being allowed on certain streets but then revised in 2023 to include the main thoroughfares of Main and Green Bay streets.
Hoeffs said the ordinance does not go far enough, in his opinion.
“I still think that this needs to be treated like the motor vehicle department,” Hoeffs said. “I’m real skeptical about 12-year-olds or even 15s even using a UTV on a hardtop road. It’s going to come down to this because of insurance. I think this needs to be looked at a little further.”
Keuschel questioned the need for the city to have the ordinance, believing the ordinance from Shawano County should be sufficient to address Shawano’s roads.
“Wouldn’t that blanket the city?” Keuschel said.
Alderman Jim Hauer said that, while Keuschel’s statement is accurate, it is primarily the Shawano Police Department that patrols the city, and the department does not have the authority to ticket operators on county laws. The city’s ordinance would allow for any citations and fines to come to the city instead of the county.
“We want the PD (police department) to enforce our ordinance,” Hauer said.
The new rules won’t be enforceable until the council makes changes to its bond schedule, which determines what penalties and consequences people face for violating city ordinances. The penalties are expected to be voted on by the council when it next meets Dec. 10.
Keuschel expressed concern about tourists coming to Shawano, used to having state laws on ATVs and UTVs, being cited for the city’s policies.
“They’re going off the state’s restrictions, and then they’re going to come into town and get a ticket for something they wouldn’t have got a ticket for a couple of counties over,” Keuschel said. “I think we’re going to be losing tourists because of simple misunderstandings.”
Hauer disagreed with Keuschel, arguing visitors should make themselves familiar with all local rules and regulations.
“It’s their responsibility to learn about the local rules,” Hauer said.
Mayor Bruce Milavitz said he was satisfied with the new rules and didn’t think they should wait for other issues to be addressed.
“I think we’re going down a rabbit hole here,” Milavitz said. “We’re making a mountain out of a molehill here.”
lpulaski@newmedia-wi.com