Commission develops ATV ordinance

Contentious meeting had panel split on a few issues but rules may change during annual reviews
By 
MITCH MAERSCH
Ozaukee Press staff

Another sizeable crowd came to provide input to the Town of Belgium Plan Commission Tuesday night as it hashed out details of an ordinance allowing all-terrain and utility-terrain vehicles to operate in the town.

The commission, whose job was to write the ordinance after the Town Board approved allowing the vehicles on town roads July 6, included several stipulations to the proposal from the Lakeshore ATV/UTV Club.

The commission directed town attorney Paul Alexy look it over. Then, a public hearing will be held before the Town Board may act on it. That is tentatively scheduled for Aug. 2 but depends on when Alexy can read the ordinance.

“I’m not putting a timetable on this,” Commission Chairman Tom Winker, who is also the town chairman, said.

The commission included the following requirements in the ordinance from a list compiled by resident Christine Symchych, who said she researched about 20 ordinances in other municipalities in the state:

• ATVs and UTVs may only be operated from 5 a.m. to 11 p.m.

• They may not be operated east of Lake Church and Clay Ridge roads

• Drivers must provide proof of liability insurance

• The vehicles may only travel as fast as  posted speed limits

• Noise levels of stereos, etc., must be kept within a driver’s personal realm

• No open intoxicants are allowed while driving

Winker has said multiple times during the ATV/UTV discussions that people need to remain “friends and neighbors” but had to bang his gavel to maintain control when several people in the audience began debating without being recognized to speak.

“I’m going to close the meeting if we can’t be civil to one another,” he said.

Among the most contentious issues were hours of operation, speed limits and enforcement.

While 5 a.m. was justified for deer hunting, commission member Matt Fuller suggested not allowing the vehicles to operate later than 30 minutes after sunset.

Commission member Dennis Dimmer said that would be confusing since the sun sets at a different time each day.

The commission, on a split vote, agreed to the 5 a.m. to 11 p.m. operation times.

During the speed limit discussion, Fuller said 35 mph is a reasonable speed for ATVs and UTVs on town roads, especially since he said the vehicles aren’t road ready.

“Are those machines meant to be going 55 mph?” he asked.

Winker, who drives a semi truck for a living, disagreed.

“There is an inherent danger to having varying speeds,” he said.

Another split vote had the commission approving speeds of as fast as 55 mph or the posted limit.

Enforcement has been brought up several times throughout the year-long discussion. Winker said the Ozaukee County Sheriff’s Office has more pressing matters than chasing ATV/UTV complaints, leaving the task to the Department of

Natural Resources. Ozaukee County has one DNR conservation warden, Tony Young.

Commission member Tom Bichler, also a town supervisor, volunteered to take phone calls about violations, and another town resident suggested creating a website to track complaints.

“I know it won’t get patrolled like it should,” Bichler said.

Symchych told the commission that “Everything on this piece of paper is useless until you can ensure enforcement.”

Lakeshore ATV/UTV Club member Kevin Peiffer said it isn’t a good idea for Town Board members to take calls and suggested contacting Young instead. Just taking a call, Peiffer said, doesn’t mean someone is in violation of the ordinance but it’s another mark against the club.Winker agreed and told people to work with Young on complaints.

Winker said that since the ordinance will be reviewed annually, still has to be approved by the Town Board and the club would have to install signs, “I don’t see you guys getting a lot of use out of this this year.”

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Wisconsin’s largest paid circulation community weekly newspaper. Serving Port Washington, Saukville, Grafton, Fredonia, Belgium, as well as Ozaukee County government. Locally owned and printed in Port Washington, Wisconsin.

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