By Chris Spangler
The Fort Atkinson City Council on Tuesday gave the green light for all-terrain and utility-task vehicles to travel on city streets starting next spring.
The vote was 4-1, with councilman Davin Lescohier the lone dissenter.
In past discussions, he had expressed concern that city staff, along with City Manager Rebecca Houseman and Police Chief Adrian Bump, had recommended delaying any decisions on ATV/UTV use within the city until the state provides additional direction regarding the applicability of state motor vehicle laws to ATVs.
During a July Ordinance Committee meeting, Bump had voiced concerns about the safety of riders and passengers of ATVs, which — with their low-pressure tires and lack of safety features such as speedometers, horns, headlights, turn signals or taillights — are not intended for use on public roads. He also cited the lack of a helmet requirement, potential noise and exhaust problems and the fact that unlike in northern Wisconsin communities, Fort Atkinson has no ATV/UTV trail systems or businesses that complement them.
In addition, he mentioned a dearth of state enforcement regarding requirements for a driver’s license or insurance and a concern that no state law impacts the issue of open intoxicants in or on an ATV or UTV.
Also noted during earlier meetings were state Department of Natural Resources (DNR) statistics reporting that during the first nine months of 2023, ATV/UTV crashes had claimed the lives of 26 people. More than 50% of the fatalities in 2023 (14) occurred on public highways, roads, or routes as designated by the state or local municipality.
A subsequent amended draft resolution included language requiring operators to follow multiple motor vehicle-related statutes. Changes were:
• All operators must be 18 years or older, hold a valid driver’s license and be able to provide proof of insurance and registration by request of law enforcement officers.
• All operators must use protective eyewear. Also, ATVs and UTVs must have windshields of sufficient height to meet the eye protection requirement as with motorcycles in existing state statutes.
• ATVs and UTVs may not be operated on city streets between 10 p.m. and 5 a.m.
• Headlights will be always present and on.
• Operators must obey all traffic rules and regulations.
• Penalties for violations will range from $50 to $200.
• 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 In addition, it will be automatically repealed in two years if no further action is taken by the council.
• The effective date will be April 8, 2024, to provide time to post signage and to train police in ATV/UTV state laws, the local ordinance and other enforcement issues. Additionally, the CAD/RMS system and the citation software must be updated to include ordinance violations and fine amounts.
Council remarks
Two of the five city council members spoke at Tuesday’s meeting, both indicating that their earlier concerns about ATVs in the city had been abated.
Councilperson Eric Schultz said he did not feel confident that the State of Wisconsin would act swiftly in fixing concerns about ATVs and UTVs.
“Originally, I was 100% on board with the city manager and police chief’s recommendations to not allow ATV and UTV use on our roads; however, I wanted to do my own research, test my own biases and opinions,” he said, noting that he visited ATV clubs and even test-drove their vehicles.
“As a bicyclist and motorcyclist, I felt safer and more comfortable on a UTV than I do on a bicycle or motorcycle,” Schultz said. “Almost all city streets are limited to a maximum 35 miles per hour or lower, and I can attest that this felt entirely safe.”
He stated that most of the fatality data presented earlier to the council were related to the driver him or herself and traveling on county highways, which have ditches and higher speed limits.
“Concerning the economic benefit, we’ve had restaurant and bar owners sign a petition asking to allow them. As a motorcyclist, I take daytrips and stop at gas stations, restaurants. I pay for oil changes and parts. Although the economic impact may be marginal, in my opinion, it is still positive,” Schultz concluded.
Echoing Schultz’s comments was Councilperson Mason Becker.
“I originally had a lot of concerns, not about ATVs themselves, but just some of the safety implications and their use on city streets,” he said. “But I think we’ve had a very good and very open public process in looking at this ordinance, and we ended up crafting a very well-worded ordinance that took care of essentially any safety concerns that I originally had.”
He said he received mixed feedback from the public on the proposal. However, he also talked to two colleagues in neighboring communities who at first were against their ATV ordinances, but after their approval, had seen no problems.
“One thing I’ve said before is that one of the roles the council has is to provide oversight of things we’ve passed. We’re going to be looking at this. I know the clubs have put forth a ton of advocacy for responsible ridership and I know they will continue to do so,” Becker said. “And I know we are going to have check-ins on this every six months and we’re going to see how this is working out in our community, and if we do have major safety issues, we always can revisit those at a later time.
“But I’m very optimistic that this is going to provide a new avenue for recreation in our community, maybe bringing new visitors into Fort Atkinson, so I am comfortable at this point in moving forward with this,” he concluded.
Other business
In other business Tuesday, the council:
• Approved a small animal-collection contract with the Humane Society of Jefferson County.
According to City Clerk/Treasurer Michelle Ebbert, the Humane Society will charge Fort Atkinson $2.67 per 12,412 city residents, which totals $33,140.04 per year. That reflects a 3.7% cost increase from last year.
However, the Humane Society also applies a 1.5% discount if the city pays the contract in full in January. With the discount, the annual fee is $32,642.94, a savings of $497.10.
• Approved a Class B intoxicating liquor license for The Langholf (sic). Located at 225 S. Main St., it is in the former Blue Stem Market Collective building, now owned by the Sweet Spot Coffee Shop LLC, Whitewater.
• Approved a Class A fermented-beverage license allowing beer to be sold at Family Dollar, Suite A at 1517 Madison Ave.
• Amended the city Land Division and Development ordinance relating to updating and acting new park impact fees.
• Heard a budget update from Houseman.
Fort Atkinson Municipal Building, file photo/Kim McDarison.
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