Town Board OKs controversial ATV ordinance

The Town of Saukville is following the lead of other towns by allowing ATVs and UTVs to be operated on some town roads following approval by Saukville’s Town Board on Tuesday, Oct. 17.

The approval, however, came after more than 75 minutes of public comments by both proponents and opponents of the ordinance.

The main objections to allowing all-terrain and utility-task vehicles on roads revolved around safety, road conditions and the amount of noise from the vehicles.

Todd Korb, a town resident and a member of the Plan Commission, said he understands “the enjoyment of riding ATVs and UTVs” but doesn’t think that is more important than safety.

“Every user manual says you should not drive these on the road. They are meant for off-road use,” he said. “We rejected this a few years ago and the only thing that has happened since is two bad accidents.”

Korb called the ordinance irresponsible.

“The county has already said a ‘hard no’ on all county roads. I think it’s irresponsible and unsafe to allow ATVs on our town roads. I think this should go to a referendum because there is a lot of division in our town,” he said.

In April, Sheriff Christy Knowles was directed by county officials to discuss with local ATV clubs where the vehicles could be driven.

The primary concerns in April revolved around Highways LL and I.

Saukville resident Marcia Nosko agreed with Korb and stressed concerns about liability insurance.

“The state doesn’t require ATV and UTV operators to have liability insurance. If your husband gets hit, it’s their health insurance that covers it,” she said, arguing that the machines aren’t safe, especially on Saukville’s roads.

According to the Wisconsin Office of the Commissioner of Insurance, Wisconsin does not have a law that requires residents to carry liability insurance for their ATVs or UTVs.

Nosko said since 2017, there have been 182 fatalities involving ATVs, 59% of which were on public roads, and added, “Our roads are not in great shape, and I think everyone in this room can agree with that.”

Al Gozalor, a farmer in the town, said he disagrees with ordinance and thinks ATVs should not be used for recreation on the roads.

“You want to use them (ATVs) for recreation, we (farmers) use them for work seven days a week,” he said, adding, “Who’s paying for the signs? We don’t have a lot of money, look at our roads. I would like to see it (the ordinance) in a referendum.”

A resident at the meeting offered to cover the cost of the signs.

Tom Kempke, who is not a resident of Saukville but is a member of Kettle Trails, which is a volunteer group working to open ATV road routes and trails in southeastern Wisconsin, cited data from the Department of Natural Resources to refute claims about lack of safety.

Kempke, referencing data from 2017, said per 1,000 people using the vehicles in the state, there is 0.04 deaths a year. He added that snowmobiles are 0.08 deaths per 1,000 and cars are 9.9.  In 2022, there were 21 deaths out of more than half a million ATV users.

Kempke also said every ATV has road cages and a five-point seatbelt.

“Everyone (using an ATV) is required to take a course and anyone under 16 years old has to be in verbal distance of an adult while operating one,” he added.

Jeffrey Phelps, 2564 Cedar Sauk Rd., said residents shouldn’t blame the vehicle when it comes to safety concerns.

“I have an ATV, but I probably won’t ever go on the road. Let’s not blame the machine here. It’s just like saying it’s the gun, not the person behind the gun. It’s the person behind the gun that is the issue,” he said.

Saukville resident Tom Raymond suggested the ordinance be passed with conditions.

“The signs should not be paid for by the town and the vehicles should not be driven  30 minutes prior to sunset or before sunrise,” he said.

Diane Tesker said she was in favor of the ordinance because “all of the other towns have it and everything has been peaceful.”

Resident Hank Bell agreed.

“This would be very convenient for us to use. My family owns a couple hundred acres. We are not looking to cause noise. I just think it would be good for the town,” he said.

Supervisor Amy Cottrell said there was a petition with 60 signatures from residents supporting the ordinance.

“My initial stance was to listen to the public and see what they wanted. I am sticking with that,” she said.

Supervisor Curt Rutkowski concurred.

“I am in favor of adopting the ordinance, not a referendum. I’d like the ordinance to include all town roads unless otherwise marked. It’s already being done, albeit it illegally. I’d also be in favor of the ordinance including (restrictions from) dusk to dawn,” he said.

Chairman Kevin Kimmes, an ATV owner, said he did not have a “real hard opinion.”

“I do think there is a lot of value in a referendum. I don’t think we need to go there, but I think we might need some changes (to the ordinance),” he said. “We do have a lot of people here that were heard and more people here that have spoken for it.”

The ordinance was unanimously approved by the three board members but will later return to the board for official approval after the town’s attorney adds specific stipulations.

Those conditions include prohibiting driving the vehicles between dusk and dawn, requiring each operator to have liability insurance and requiring outside organizations to pay for the required signs.

Additionally, the proposed ordinance only allows the vehicles on certain roads.