Port to follow Belgium’s lead on ATV law

The Port Washington Town Board on Monday decided not to draft a proposed ordinance allowing all-terrain and utility-terrain vehicles on town roads until the Town of Belgium has done the same.

Board members agreed to delay any action on a request by the Lakeshore ATV/UTV Club to allow these vehicles on town roads, saying the neighboring townships should have similar regulations.

“We have to see what our adjoining neighbor does,” Town Chairman Mike Didier said. “I’d like to mimic our neighbor. It only makes sense. No one knows where the boundaries are.”

That didn’t satisfy everyone. One man in the audience asked, “Why can’t we just take the lead and say, ‘This is what we’re doing?’”

The Town of Belgium Plan Commission last month drafted an ordinance that is being reviewed by the town attorney. The ordinance is expected to be reviewed by the commission again on Wednesday, Aug. 11, after which it could be sent to the Town Board for consideration in September.

The issue of allowing these leisure vehicles on town roads has been controversial in Belgium, but it has been less so in the Town of Port.

The Lakeshore ATV/UTV Club has been asking townships to allow these vehicles on their roads in the hope of someday having a connected series of roads they could ride on.

Members presented the Port Town Board with a model ordinance that would open all town roads and county or state roads where the speed limit is 35 mph or less.

Under a proposed ordinance forwarded by the club, drivers could only operate on the paved portions of roads but must stay to the “extreme right” side of the road unless making a left turn. Groups would be required to ride in single file.

Riders younger than 18 would be required to wear helmets. Operators younger than 16 must be “in direct verbal supervision of a parent or legal guardian” while driving an ATV or UTV.

Under state law, children as young as 12 can operate ATVs but not UTVs on roads as long as they are supervised by a parent or parent-approved adult and have a Department of Natural Resources safety certificate. People 16 and older can operate ATVs and UTVs on roads if they have safety certificates.

Didier noted that these vehicles are currently allowed on town and county roads if they are licensed as farm vehicles.

Town Attorney Johnathan Woodward told the board members they could allow ATVs and UTVs on all town roads or they could specify which roads they are allowed to travel on.

Didier said he sees only one route that’s likely to be popular, Northwoods Road to Mink Ranch Road, but noted that the town only controls half of Northwoods Road.

If Saukville, which controls the other half, doesn’t allow these vehicles, they would be prohibited on the roadway, Woodward said.

One man asked the board to restrict some roads, saying he worries these vehicles will come onto his property and “tear up my land.”

“If someone’s on your property, it has nothing to do with ATVs,” Didier said. “It’s trespassing.”

Katherine Allen asked what liability drivers have if they were to hit one of these vehicles on the roadway. 

It’s the same as if motorists strike a horse, bicycle or other vehicle, Didier said.

Town Supr. Greg Welton noted that most ATV owners have insurance on their vehicles.

Didier said most people seem concerned about the noise of ATVs and the safety of these vehicles on roads.

“The loudest things on the road are motorcycles,” he said. “The ATVs and UTVs I’ve experienced are nowhere near as loud.”

And, he said, bicyclists are more dangerous but people feel they are safer.

Even if the board approves an ordinance allowing these vehicles, Didier noted that it could alter the law if problems arise.