ATV, UTV and Golf Cart Referendum FAQ

In an advisory referendum, a legislative body places a proposed measure on the ballot to gauge the opinion of the electorate. The results of an advisory referendum are not binding, and the governing bodies are not required to act in accordance with the majority opinion.

There will be three separate questions:

1. “Would you be in favor of the Village Board approving the operation of three- and four-wheel all-terrain vehicles (ATVs) on most village roadways (those having a speed limit of 35 miles per hour or less, including, if approved by the State, Highways 11 and 45), subject to such conditions and limitations as the Village Board may determine are appropriate?”
2. “Would you be in favor of the Village Board approving the operation of four-wheel utility-terrain vehicles (UTVs) on most village roadways (those having a speed limit of 35 miles per hour or less, including, if approved by the State, Highways 11 and 45), subject to such conditions and limitations as the Village Board may determine are appropriate?
3. “Would you be in favor of the Village Board approving the operation of golf carts on certain village roadways (those having a speed limit of 25 miles per hour or less, and allowing only the crossing of Highways 45 and 11 where such roads have speed limits less than 35 miles per hour), subject to such conditions and limitations as the Village Board may determine are appropriate?”

The definitions of ATVs and UTVs provided in state statutes are listed below. These definitions will also be included in the explanatory statement that will accompany the referendum questions on the ballot.

1. Under state statute, an ATV is “a commercially designed and manufactured motor-driven device that has a weight, without fluids, of 900 pounds or less, has a width of not more than 50 inches as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle’s basic operation, is equipped with a seat designed to be straddled by the operator, and travels on 3 or more tires.”
2. Under state statute, a UTV is “a commercially designed and manufactured motor-driven device that is designed to be used primarily off highway, and originally manufactured and equipped with all of the following: a weight, without fluids, of 3000 pounds or less; four or more tires; steering wheel; tail light; brake light; two headlights; width of not more than 65 inches; seat belts; and roll bar or similar device designed to reduce the likelihood that an occupant would be crushed as the result of a rollover.”

State statutes give the municipality the ability to separately define what “golf cart” means within the context of their ordinances. For example, the City of Prescott, Wisconsin defines “golf cart” as “a vehicle designed and manufactured for operation on a golf course for sporting and recreation purposes and that is not capable of exceeding 20 miles per hour.”  The Town of Riverview, Wisconsin defines golf cart similarly, as being “a vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding 20 miles per hour.”  The Town of Geneva, Wisconsin, however, does not define “golf cart” in its ordinance, but has an ordinance to regulate the operation of a golf cart on public roads.

State statutes allow municipalities to enact an ordinance to allow ATVs and UTVs on Village roads that have a speed limit of 35 miles per hour or less. The ordinance could limit ATV/UTV operation only to specific Village roads or could allow ATV/UTV operation on all Village roads. ATVs and UTVs could be allowed to cross Hwy. 45 or Hwy. 11 to connect to another ATV/UTV route, but ATVs and UTVs would not be allowed to operate on Hwy. 11 or Hwy. 45 without special state approval.

With respect to golf carts, state statutes allow municipalities to enact an ordinance to allow golf carts on any Village road that has a speed limit of 25 miles per hour or less. The ordinance could allow golf carts to cross on Hwy. 45 and Hwy. 11 at locations where the speed limit on the highways are 35 miles per hour or less, but the State would not allow golf carts to operate on Hwy. 45 and Hwy. 11.

The Village would be required under state statutes to erect signage on all roads that are designated as ATV/UTV routes. If the Village were to designate all Village roads as ATV/UTV routes, then signage would need to be erected at the boundaries of the Village to alert motorists (and also indicate which roads are not designated as ATV/UTV routes due to speed limit or being state highways). Although the statutes do not specify the requirements for golf carts, the Village could erect signage that designates golf cart routes.

Per state statues, no person may operate, and no owner may give permission for the operation of an ATV or UTV within the state unless the ATV or UTV is registered with the DOT for public use (on a trail or public road).  A registration decal must be affixed to each side of the vehicle in a place that is forward of the operator.  A plate must also be attached to the rear of the vehicle that displays the registration number. Golf carts are not required to be registered with the DOT. Municipalities may establish local license or permit requirements for ATVs, UTVs and/or golf carts.

State law does not require insurance for ATVs, UTVs or golf carts. The Village could enact an ordinance that would require insurance for ATVs, UTVs and/or golf carts in order to operate on Village roads.

The age and certification requirements for operating ATVs, UTVs and golf carts provided in state statutes are listed below. More restrictive requirements could be established for Village roads by ordinance.

• All ATV operators at least age 12 and born on or after January 1, 1988 must possess a valid ATV safety certificate issued by this state or any other state or province. All ATV safety certified operators age 12-15 must also be accompanied by an adult while operating on a designated ATV route.
• UTV operators age 16 and born on or after January 1, 1988 may operate on roadways if they possess an ATV safety certificate.
• State statutes do not provide age or licensing requirements for golf carts, but most municipalities that allow golf carts on public roads provide that operators must be at least 16 years of age and possess a valid Wisconsin driver’s license.

State statutes provide the below safety equipment requirements for ATVs/UTVs. Additional requirements could be established by Village ordinance. While state law does not specify safety equipment for golf carts, such requirements could be established by Village ordinance.

State safety equipment requirements for ATVs and UTVs:

• ATVs must be equipped with at least one white head lamp and a red tail lamp. UTVs must be equipped with 2 white headlamps and a red tail lamp and brake lamp.
• ATV/UTV headlamp(s) must be able to illuminate any person or object at a distance of 200 feet in front.
• ATVs/UTVs must be equipped with a tail lamp that is visible for 500 feet to the rear during the hours of darkness.
• No person may operate any ATV or UTV that is equipped with any of the following:
  • A lamp that emits any color of light other than white or amber and that is visible from directly in front of the ATV/UTV.
  • A lamp that emits any color of light other than red, yellow, amber, or white and that is visible from directly behind the ATV/UTV.
  • A flashing, oscillating, or rotating lamp that emits any color other than yellow or amber.
• ATV/UTVs may not be equipped with more than two back-up lamps that illuminate the area to the rear of the vehicle for a distance not to exceed 75 feet.
• If an ATV/UTV is equipped with additional adverse weather lamps, spot lamps, auxiliary lamps, or any other lamp on the front of the ATV/UTV that is capable of more than 300 candlepower, not more than 4 of these lamps may be illuminated simultaneously within 500 feet of an oncoming ATV/UTV or other vehicle upon a roadway, ATV route, ATV trail, or public area.
• An ATV/UTV may not be modified so that its maximum width exceeds the width allowed for either an ATV (50 inches) or an UTV (65 inches). This does not apply to the operation of an ATV/UTV on private property.
• ATV/UTVs must be equipped with at least one brake, operated either by hand or by foot.
• All ATV/UTVs must have tires on them (not sleds).
• All ATV/UTV operators and passengers under the age of 18 are required to wear a minimum DOT standard ATV or motorcycle helmet with the chin strap properly fastened. Bicycle helmets do not meet this requirement.

State statutes provide that ATVs and UTVs must be equipped with a functioning muffler that prevents unusual or excessive noises. Additionally, no person may manufacture, sell, rent, or operate an ATV/UTV in such a manner that noise emitted from the machine is louder than 96 decibels when measured on the “A” scale. Village ordinances could be written to be more restrictive in this area and could also establish noise restrictions for golf carts. Such Village restrictions could also address the use of music or sound amplification on an ATV, UTV or golf cart.

State statutes provide the below requirements for ATVs/UTVs. Additional requirements could be established by Village ordinance. While state law does not specify similar rules of the road for golf carts, such requirements could be established by Village ordinance.

Rules of the road requirements for ATVs and UTVs:

• You cannot pass other motor vehicles or ATVs/UTVs unless stationary and parked.
• No person may ride in or on any part of an ATV or UTV that is not designed or intended to be used by passengers.
• You must use hand signals to indicate your turning or stopping intentions if ATV/UTV is not equipped with turn lamps.
• Operate at the extreme right side of the roadway surface
• Left turns can be made from any part of the road-way surface as long as it’s safe and legal to do so.
• You must operate single file.
• You must have your head lamps and tail lamps on.
• All children age 12-15 must be accompanied by an adult while operating on a designated ATV route, regardless if they possess an ATV safety certificate.

State statutes provide the below requirements for ATVs/UTVs. Additional requirements could be established by Village ordinance. While state law does not specify similar rules for golf carts, such requirements could be established by Village ordinance.

Speed limit and operational restrictions for ATVs and UTVs:

• You must slow your ATV/UTV to 10 mph or less when you are riding within 100 feet of any person who is not on a motorized vehicle. This includes, but is not limited to slowing for bicyclists, joggers, etc. as well as for other ATV/UTV operators standing along the trail.
• You must slow your ATV/UTV to 10 mph or less when you are riding within 150 feet of a home or dwelling, unless you are operating on a legal ATV road route.
• You must obey the posted regular motor vehicle speed limit when operating on a roadway, or a reduced speed limit posted specifically for ATVs/UTVs that may be along the road.
• You must obey all regulatory signs, such as stop signs, yield signs and speed limit signs.
• You must stop your ATV/UTV after being requested or signaled to do so by a law enforcement officer.
• You cannot operate at speeds that are unreasonable or improper.
• You cannot operate in a careless manner so that it endangers a person or property.
• All UTV passengers must have their seatbelts fastened at all times.
• No person may ride in or on any part of an ATV or UTV that is not designed or intended to be used by passengers. Aftermarket seating does not comply with the new law change.
• It is not legal to operate with passengers in any after-market seating placed in the cargo area of an ATV or UTV. UTV original factory seating may not be modified.
• An ATV/UTV may not be operated with anything other than tires. This does not apply to private property or on frozen waters.
• You cannot operate on public property in areas closed to such operation.
• You cannot operate on private property without the permission of the owner or lessee.
• An ATV/UTV operator must dim multiple-beam headlamps, adverse weather lamps, spot lamps, auxiliary lamps, high-beam lamps, or any other lamps when approaching oncoming ATVs/UTVs or other vehicles when within 500 feet, or when following an ATV/UTV or other vehicle when within 500 feet to the rear so that the glaring rays are not directed or reflected into the eyes of the operator of the other ATV/UTV or vehicle.
• No lighted backup lamp or white lamp visible from directly behind may be displayed on any ATV/UTV upon a highway, ATV route, ATV trail, frozen water, or public area except when being driven backward.
• You cannot allow a person to operate if they are:
  • Prohibited by law;
  • Have not obtained the required safety certificate or underage;
  • Incapable of operating because they are physically or mentally disabled;
  • Under the influence of alcohol or drugs.

Hours of operation could be established by Village ordinance.

Village ordinances could be written to prohibit cruising on Village roads with an ATV, UTV or golf cart. For example, the City of Rhinelander, Wisconsin prohibits cruising, which it defines as “running all or part of the length of a roadway multiple times, per day, back and forth, for any purpose other than departing or arriving at their residence, or place of lodging.”

The Village contracts with Racine County Sheriff’s Office to provide dedicated law enforcement services to Union Grove. The Sherriff’s department has the capacity to adjust coverage as needed to maintain safety and security in Union Grove.

Conservation wardens and officers of the state patrol may also enforce ATV/UTV laws. Fines for violating state laws range from $150 to $2,000 and violators could face up to one year in jail. Fines for local ordinance violations would need to be set in the Village’s bond schedule.

The future White River State Trail extension (former railroad) will be owned by the State of Wisconsin and maintained by Racine County. The County is in the early planning stages of trail development and will be establishing allowable uses on the trail. At this point, the County has not determined or announced whether any motorized vehicles will be allowed on the trail.

Information about the spring election on April 5, 2022 can be found by clicking here, or contact Village Clerk Rebecca Wallendal at (262) 878-1818 or rwallendal@uniongrove.net.