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City to follow county’s lead on ORV laws

The city of Shawano plans to emulate what Shawano County does when it comes to off-road vehicles. The Shawano Common Council discussed what to do about vehicles when it comes to licensing, insurance and what age is appropriate for drivers during its Dec. 11 meeting. Members ultimately felt that city rules should mirror the county’s so that Shawano is not an island. The push is coming from Alderman Jim Hauer. He is also a deputy with the Shawano County Sheriff’s Department, which is seeking change from the county board in how off-road vehicles are allowed to traverse the roads. There have been complaints about the vehicles racing through residential neighborhoods, operators driving drunk and more. “A lot of people are confused,” Hauer said. “They thought that a license was already a requirement to drive on the roadways in the city of Shawano.” Police Chief Bradley Rabideau recommended three big changes to the existing city law. Drivers should have a valid driver’s license, the vehicle should have insurance like motor vehicles are required to have, and no open intoxicants should be present in the vehicle. The changes would be different from the current state regulations through the Department of Natural Resources. “I think those are common sense changes,” Rabideau said. “I think that the city would do well to pay attention to whatever Shawano County is doing. According to the sheriff, they are bringing these changes to the county in February, and I think the city should pay attention to how the county reacts to this.” Rabideau expressed concern that if the county takes action and the city does nothing, or vice versa, it could present complications for Shawano. “You want the rules to be the same,” he said. “If the county decides not to go that route, my suggestion would be to follow what the county does.” The current rules unfairly allow ORVs to operate in ways that motor vehicles and other forms of transportation can’t, according to Hauer. “You need a driver’s license to drive a golf cart down the road, but if you step out in a UTV (utility terrain vehicle), they don’t need a license,” he said. “I think bringing our code up to what people already assume is a reality.” Alderman Kevin Barkow noted the vote on ORVs operating on Shawano streets occurred prior to his coming on the council, and he was concerned then about there not being a licensing requirement for the vehicles. “My big issue is, if you’re going to be on the road, you need a driver’s license,” Barkow said. Rabideau noted that some ORV owners have had driver’s licenses suspended or revoked and are using their vehicles to circumvent the law, which he believes was never the intention of the DNR legalizing ORVs on paved roads. Bartlett Street, in particular, is a problem area in the city, he said. “Those are end-arounds, work-arounds,” Rabideau said. “We have an opportunity to change that with an ordinance — both at the city level and the county level.” City Attorney Keith Steckbauer noted that Clintonville and New London already have rules similar to what the city and county are proposing, but at the time those two cities wanted to make changes, the city wasn’t interested in changing what it had. “I’m of the opinion that, until someone tells us we can’t, you have the right to protect your people on the streets,” Steckbauer said. Steckbauer noted that one of Rabideau’s recommendations is moot, specifically the open intoxicants in any vehicle, as the state already passed a law in June making that a crime. lpulaski@newmedia-wi.com