ATV/UTV Ordinance #4-19-2023 – up date



                           All signs for ATV/UTV traffic are installed.
                   Please note below the roads where this traffic is not allowed.

ORDINANCE NO. 4-19-2023


The Town Board of the Town of Whitewater, Wisconsin (the “Town”) hereby ordains as follows:

Section 1.  Purpose.

The Town of Whitewater adopts the following all-terrain vehicle ordinance to establish routes and regulations and to provide for the safe operation of all-terrain vehicles (“ATV’s”) and utility terrain vehicles (“UTV’s”) upon township roadways. Designated roadways in Section 4 are restricted from the use of ATV/UTV’s.

Section 2.  Authority

The Town Board of the town of Whitewater, Walworth County, Wisconsin, has the specific authority to adopt this ordinance under Wis. Stats. Sections 23.33(8)(b) and (11). The town board retains the right to close any town road to ATV/UTV operation for any reason, including but not limited to special events, unlawful use, and road construction or repair. Said closures of town roads to ATV/UTV use may occur without prior notice. The town accepts no liability for the operation of ATV/UTVs on any town road under the provisions of this chapter. Operation of ATV/UTVs shall be at the operator’s own risk. ATV/UTV operators within the town shall abide by all state, county, and local laws, and the applicable provisions of Wis. Stats. Section 23.33 regulating ATV/UTV operations are adopted by reference and made part of this chapter.

Section 3. Definitions
A. “ATV” shall mean an all terrain vehicle as defined in Wis. Stats. Section 23.33(1)(b)
B. “UTV” shall mean a utility terrain vehicle as defined in Wis. Stats. Section 23.33(1)(ng)


Section 4. Routes

Town roads that are excluded from ATV/UTV use are as follows:

Blue Heron
Bradley Ct
Burr Oak Rd
Chapel Dr
Clover Valley from Engel to Kettle Moraine
Cruise Lane
Deep Pond
E Lakeshore Dr
Hill Dr
Kettle Moraine Dr from R&W Townline Rd to Cty P
Kristy Lane
Larry’s Road
Linden Dr
Little Acorn
Pine Knolls
R&W Townline from Chapel to County P
R&W Townline from Engel to Krahn
Ridge Road
Stacey Lane
State Park Road
W. Lakeshore
West Dr
Woodfield Lane


  1.  ATV/UTVs are strictly prohibited from operating on any state and county highways in the Town, unless otherwise authorized by the state of Wisconsin or Walworth County. ATV/UTVs may cross state and county highways as necessary to travel through the Town.
  2. All authorized ATV/UTV routes shall be signed in accordance with Wis. Stats. Section 23.33(8)(e). The Town, or its designee, shall maintain all route signs within the Town. Any restrictions on authorized routes shall be designated by a majority vote of the Town Board and shall be signed accordingly.

Section 5. Operation of ATV/UTV’s.

ATV/UTV routes shall be marked with uniform, all-terrain vehicle route signs in accordance with Wis Stat NR 64.12(7), Wisconsin Administrative Code. In addition to proper signage, the roads must also be within the Town and maintained by Town personnel.

Section 6. Conditions

  1. No person may intentionally remove, damage, deface, move or obstruct any uniform ATV/UTV route or trail sign or standard, if the sign is legally placed by the state, any municipality or any authorized individual.
  2. As a condition for the use of the designated routes, the following shall apply to all operators and passengers (where applicable). The individuals must:
  3. observe all posted speed limits as indicated by official signs posted within the town.
  4.   ride single file along the extreme right side of the roadway, with the exception of left turns which may be made from any part of the roadway if it is safe given then occurring conditions.
  5. not ride on the shoulder of the road or in the ditch.
  6. hold a valid ATV/UTV Certificate (if born after December 31, 1987), be at least 16 years of age and have a valid Wisconsin Driver’s License.
  7. accompany any rider under the age of 16 by an adult over the age of 18
  8.  wear a helmet if under the age of 18.
  9. not operate on any Town route between the hours of 11:00 p.m. and 5:00 a.m., unless they are engaged in snow plowing.
  10. operate a vehicle that has headlights, taillights, and brake lights on while operating on any town route and have a muffler that falls within the legal decibel limits.
  11. use hand signals if ATV/UTV is not equipped with turn signals.
  12. register the ATV/UTV with the Wisconsin Department of Natural Resources and have current stickers and license plates.
  13. provide proof of insurance for the minimum liability coverage amounts consistent with motor vehicle requirements under Wisconsin law.

Section 7. Enforcement.

This Ordinance shall be enforced by any law enforcement officer authorized to enforce the laws of the State of Wisconsin, Walworth County and the Town of Whitewater.

Section 8.  Penalties.

Wisconsin state ATV/UTV penalties as found in Wis. Stats. Section 23.33(13)(a) are adopted by reference.

Section 9. Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.