By Ryan Whisner
The Fort Atkinson City Council on Tuesday will be hosting a workshop to review a draft ordinance, which, if approved, will allow ATV/UTVs to operate on city streets.
The workshop also will include a discussion centering around a series of zoning amendments relating to the parking of commercial vehicles on residential properties and streets.
While the workshop is a public meeting, no public comments will be permitted, nor will action be taken, city officials have said.
The council workshop will be held at 5:30 p.m., at the Fort Atkinson Municipal Building, 101 North Main Street.
A regular council meeting, which includes a public comments section, follows the workshop at 7 p.m.
Neither of the proposed ordinances appears on the evening’s council agenda.
The draft ordinance and city code amendments will undergo three readings as part of a final approval process.
Both issues have been recent city council agenda items and topics of debate.
Within Jefferson County, many of Fort Atkinson’s neighboring communities have approved similar ATV/UTV ordinances as the one under consideration by council.
Members of Fort Atkinson’s city staff have continued to advice council members against approval of an ordinance allowing ATV/UTV use on city streets, citing their concerns about enforcement of the ordinance and overall safety.
A Department of Natural Resources (DNR) official who recently addressed Fort Atkinson city officials noted that 17 fatalities involving ATVs or UTVs had been documented by the department so far in 2023, eight of which were on public roads or routes.
In 2022, the department documented 22 fatalities with 11 occurring on public roadways, and in 2021, DNR records note 47 fatalities from ATV/UTV use, with 31 occurring on public roads.
DNR data collected in 2020 indicates that the most common contributing factors to ATV crashes are inexperience, vehicle speed, and operator error.
In addition, factors leading to fatal ATV/UTV crashes are nearly identical to those found to cause similar crashes among operators of conventional motor vehicles, and include drinking and drugs, operator error, and vehicle speed.
Members of area ATV clubs have recently noted that nearby municipalities, including the town of Koshkonong, have approving the use of ATVs on their roadways.
Several area ATV club members have attended recent council meetings to speak in support of the idea of opening city-owned road to ATV/UTV use.
In response to their comments, the issue was brought forward at a recent Ordinance Committee meeting. No vote was taken on the issue, however, council president Bruce Johnson and council member Kyle Jaeckel each supported directing city staff to draft an ordinance for review.
Tuesday’s workshop will serve as the council’s introduction to the draft ordinance.
Among objections offered by those in opposition to opening the city’s roads to ATV/UTV use is that of a lack of consistency across municipal boundaries, with those opposing the concept further noting that stipulations such as the age of a driver, and the time of day in which operation of the vehicles is allowed, can vary from municipality to municipality.
What’s in the ATV/UTV draft?
Provisions within Fort Atkinson’s draft ATV/UTV ordinance require that an operator is at least 18 years of age, and holds a valid driver’s license and proof of liability insurance.
Similar to traffic stops affecting drivers of conventional motor vehicles, an ATV/UTV driver would be required to present all three items to a law enforcement agent upon request, according to the proposal.
In addition, a permitting process, with provisions that prevent owners of ATVs and UTVs from allowing intoxicated drivers or those without a permit to operate the machines, is included in the draft ordinance.
The city’s proposed ordinance limits the hours of operation for ATV/UTV drivers, making city-owned roads available for their use between 9 a.m. and dusk, and stipulates that open intoxicants are not allowed on the vehicle while it operates on city-owned roads.
The proposal further stipulates that ATV/UTVs would be subject to all parking requirements and allowances as conventional motor vehicles, with an added requirement that they will not be permitted to be parked overnight on any city street.
Vehicles may not be left running or with a key in the ignition while on any public highway or property.
Borrowing from other communities such as the city of Jefferson, the draft ordinance states that during special events, the police chief has the authorization to allow ATVs to operate on the streets while the event is underway and for the purpose of arriving to and leaving from the event, and during parades. Operators must contact the Fort Atkinson Police Department for those purposes.
According to the draft ordinance, riders are to follow posted speed limits and ride in single file on the paved roadways within the city. ATVs/UTVs are not permitted on any unpaved or shoulder section of a city street.
Also, like conventional motor vehicles, ATVs and UTVs are to yield right-of-way to non-motorized vehicles such as bicycles and pedestrians.
Per the proposed ordinance, riders could face penalties between $50 and $200 depending on the violation.
Also governed by the ATVs and UTV proposed ordinance are four-wheeled ATVs that are 900 pounds or less without fluids and include a steering handlebar, single or dual headlights, a tail and brake light, and a width of no more than 50 inches. UTVs governed by the proposal include those that are 3,000 pounds or less without fluids, have four or more tires, a steering wheel, tail, and brake lights, two headlights, a width of no more than 65 inches, and a structural ROPs system designed to reduce the likelihood of injury in the event of a rollover.
As proposed, the ordinance will be reviewed every six months via staff report. In addition, it will be automatically repealed in two years if no further action is taken by the council.
Amending home occupancy code, parking requirements
Also during Tuesday’s workshop, the council members will review a grouping of proposed amendments to the city’s code relating to home occupancy permits and parking requirements.
Originally, the proposed amendments were presented to the council at its July 6 meeting as part of a larger package, and were defined as “administrative tweaks” to the city code that offered limited changes to policy or procedures.
Among the specific issues being addressed Tuesday is language related to exceptions for utility/trailer parking.
The proposed amendment states: Vehicle and Trailer Parking. No person shall park, stop, or leave standing more than one vehicle and trailer combination in any public parking lot or on any city street, avenue, or alley adjacent to a residential property owned or rented by the owner or renter of the vehicle and trailer combination, except construction vehicles and trailers parking on the street adjacent to the side that is currently being worked at with an active building permit. The location of such on-street parking must be able to safely accommodate the specified trailer and vehicle parked without causing any safety concerns, view obstructions, or other roadway obstructions.
Additionally, the draft amendment offers changes relating to home occupation accessory land uses and permitted parking locations for vehicles permitted through a home occupation.
Language within the proposed code is adjusted as it relates to the paved pad surfaces used for recreational equipment. The proposed ordinance states that concrete, asphalt, or gravel pads are permitted if they are not connected to the driveway and screened from view as additionally required within a separate section of the code.
Further changes to the code’s language regarding surfacing standards relate to acceptable pavement types including four inches minimum asphalt or concrete, except single- and two-family residential properties may use a 3-inch thickness outside the right-of-way.
In addition, all driveway approaches within the right-of-way require six inches of base under six inches of concrete. Also, per the draft amendment to the city code, all new and replacement approaches shall install the required public sidewalk through the street terrace upon surfacing, following all other code requirements.
As for limitations on off-street parking in residential areas, the new proposed wording adds the terms “longer than 21 feet” to a section relating to cube-type vans and trucks.
Also, the amended weight restrictions are to increase to 28,000 pounds, rather than the original 10,000 pounds.
Fort Atkinson Municipal Building, file photo/Chris Spangler.
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