Ask an Official: Merrill Police Chief discusses winter ATV operation in the city

This week’s featured question was submitted for Merrill Police Chief Corey Bennett

Merrill Police Chief Corey Bennett

The question reads:
“Is it still legal to ride ATV in town during the winter or is it only a summertime thing?”

Answer as given by Chief Bennett:
Our City trail/route is open unless otherwise signed or advertised. We are currently exploring additional signage options for the City.”

In addition Section 36 Article V of the City of Merrill Code of Ordinances governs ATV/UTV operation in the city limits and reads as follows:

Sec. 36-250. –
Applicability of traffic regulations to all-terrain vehicle and utility-terrain vehicle operation.
No person shall operate an all-terrain vehicle or utility-terrain vehicle upon any street, highway or alley within the city in violation of the traffic regulation provisions of Wis. Stats. §§ 346.02(10) and (11), 346.04, 346.06, 346.11, 346.14(1), 346.18—346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46—346.48, 346.50(1)(b), 346.51—346.55, 346.87—346.91, 346.92(1) and 346.94(1), and (9).

Sec. 36-251. – [Intent.]
The intent of this article is to provide a means for persons to travel from a residence and/or lodging establishment within the limits of the City of Merrill for the shortest distance necessary for a person to operate an all-terrain vehicle or utility-terrain vehicle to the all-terrain vehicle or utility-terrain vehicle route or trail that is closest to that residence or lodging establishment.

(a) Such travel shall be allowed only when the connecting Lincoln County all-terrain vehicle and utility-terrain vehicle trails are open and operational. (b) Routes may be closed at any time, by order of the chief of police. (c) The city shall, from time to time, designate a route within the city limits, maps of which shall be kept on file with the office of the city clerk and the Merrill Police Department. That map delineates allowed routes of travel for all-terrain vehicles or utility-terrain vehicles.

Sec. 36-252. – Conditions for operation.
(a) Speed. No person shall operate an all-terrain vehicle or utility-terrain vehicle within city limits at a speed in excess of 15 miles per hour. (b) Place of travel. Shall operate on the far right portion of the highway or shoulder and shall not in the roadway/traffic lane, and travel with the flow of traffic. (c) Single-file operation. All-terrain vehicles and utility-terrain vehicles shall be operated in single file and as far to the right portion of the street as possible. (d) Headlights and tail lamps shall be on at all times during operations. (e) All-terrain vehicle and utility-terrain vehicle operators shall yield the right-of-way to other vehicular traffic and pedestrians. (f) Sidewalk operation prohibited. No person shall operate an all-terrain vehicle or utility-terrain vehicle on any sidewalk or pedestrian way within the city. (g) Street crossings. No operator of an all-terrain vehicle or utility-terrain vehicle shall cross any street, except at its intersection and then only at right angles to the street crossed. (h) Use of trailers or sleds. No person shall operate an all-terrain vehicle or utility-terrain vehicle upon any street within the city with any person, trailer or sled attached or trailing said vehicle, unless it is designed for such activities. Anyone operating such conveyance in an unsafe or reckless manner shall be deemed in violation of this section. (i) Operation in parks. No person shall drive an all-terrain vehicle or utility-terrain vehicle in any park within the city. (j) Permission of property owner required. No person shall operate an all-terrain vehicle or utility-terrain vehicle on any private property not owned or controlled by him within the city without the express consent or permission of the owner. (k) All-terrain vehicle or utility-terrain vehicle crossing a bridge shall: (1) Cross the bridge in the most direct manner practicable and at a place where no obstruction prevents a quick and safe crossing. (2) Stay as far to the right of the roadway or shoulder as practicable. (3) Stop the vehicle prior to crossing. (4) Yield the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway or shoulder. (5) Exit the highway as quickly and safely as practicable after crossing the bridge.
All-terrain vehicles or utility-terrain vehicles violating any of the above conditions would be subject to the underlying violation of operating on the roadway.

Sec. 36-253. – Unattended vehicles.
No person shall leave or allow an all-terrain vehicle or utility-terrain vehicle owned or operated by him to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.

Sec. 36-254. – Prohibited routes for all-terrain or utility-terrain vehicle travel.
• Highway 64
• Highway K/Center Avenue from O’Day Street North to East Sixth Street
• Highway 107/Grand Avenue

Have a question or concern you would like to address? Simply send your question or concern to [email protected] along with an indication of which entity your question or concern pertains to. Current participants are the Merrill Police Department, Merrill Fire Department, Tomahawk Police Department, Merrill City Administrator Dave Johnson, Merrill Common Council President Rob Norton Merrill Area Housing Authority Director Paul Russell, Lincoln County Clerk Chris Marlowe, Lincoln County Administrative Coordinator Jason Hake, Lincoln County Forestry Land and Parks Director Kevin Kleinschmidt, Local DNR Conservation Warden Curt Butler and Merrill Area Public Schools (MAPS) Superintendent Dr. John Sample. Please note: Those who submit to the ‘Ask an Official’ feature remain anonymous.

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