# HO-CHUNK NATION CODE (HCC)

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

HO-CHUNK NATION CODE (HCC)
TITLE 7 – CULTURAL AND NATURAL RESOURCES
CODE SECTION 3 – ALL-TERRAIN VEHICLE AND
UTILITY TERRAIN VEHICLE USAGE ORDINANCE
ENACTED BY LEGISLATURE: AUGUST 2, 2005
LAST AMENDED: February 1, 2022
CITE AS: 7 HCC § 3
TABLE OF CONTENTS
1. Authority.......................................................................1
2. Findings……………………………………………… 2
3. Purpose………………………………………………. 3
4. Role of Traditional Court…………………………… 3
5. Declaration of Policy……………………………….. 3
6. Definitions………………………………………….. 3
7. Rules of Operation…………………………………. 5
8. Routes and Trails…………………………………… 6
9. Operation by Youthful Operators Restricted……….. 6
10. Owner Permitting Operation………………………… 7
11. Rental of ATV/UTV………………………………… 7
12. ATV/UTV Operating Requirements………………… 8
13. Operation On or Near Highways…………………….. 8
14. Operation of an ATV/UTV in Residential Areas……. 10
15. Operation of an ATV/UTV While Intoxicated………. 10
16. Duty to Report Accidents……………………………. 11
17. Registration of ATV/UTV……………………………11
18. Liability of Landowners……………………………....12
19. Enforcement and Penalties……………………………12
20. Jurisdiction and Abatement………………………….. 13
1. Authority.
a. Article V, Section 2(a) of the Constitution grants the Legislature the power to make laws,
including codes, ordinances, resolutions, and statutes.
b. Article V, Section 2(h) of the Constitution grants the Legislature the power to enact all
laws prohibiting and regulating conduct, and imposing penalties upon all persons within the
jurisdiction of the Nation.

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c. Article V, Section 2(l) of the Constitution grants the Legislature the power to enact laws
to manage, lease, permit, or otherwise deal with the Nation's lands, interests in lands or other
assets.
d. Article V, Section 2(o) of the Constitution grants the Legislature the power to enact laws
to regulate and zone any lands within the jurisdiction of the Ho-Chunk Nation.
e. Article V, Section 2(r) of the Constitution grants the Legislature the power to protect and
foster Ho-Chunk religious freedom, culture, language, and traditions.
f. Article V, Section 2(t) of the Constitution grants the Legislature the power to enact laws
governing law enforcement on lands within the jurisdiction of the Nation.
g. Article V, Section 2(w) of the Constitution grants the Legislature the power to enact laws
to regulate hunting, fishing, trapping, recreation and all other related activities on lands within the
Nation's jurisdiction.
h. Article VII, Section 5(a) of the Constitution grants the Trial Court original jurisdiction over
all cases and controversies, both criminal and civil, in law or equity arising under the Constitution,
laws, customs, and traditions of the Ho-Chunk Nation.
i. The Ho-Chunk Traditional Court is empowered to resolve matters, provide leadership and
make recommendations on issues unique to Tribal customs and traditions.
j. Wisconsin Statute, Section 23.33, governs the registration, operation, and use of all-terrain
vehicles/utility terrain vehicles in Wisconsin and provides for the enforcement of those regulations.
k. Ho-Chunk Public Nuisance Act (3 HCC § 2) regulates substantial and unreasonable
interference with the use or enjoyment of real property owned by the Ho- Chunk Nation.
2. Findings.
a. The use of all-terrain vehicles/utility terrain vehicles (ATVs/UTVs) is increasing and that
public access to private lands is not always attainable.
b. The operation of ATVs/UTVs on Ho-Chunk lands requires the consent of the Ho-Chunk
Nation or the individual Ho-Chunk land owner.
c. The failure to post Ho-Chunk land against the use of ATVs/UTVs does not imply consent
by the Nation for ATV use.
d. The use and operation of ATVs/UTVs on Nation lands, unless regulated, poses a serious
threat and risk to the:
(1) environmental, cultural and traditional resources of the Nation;

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(2) safety and health of the people of the Ho-Chunk Nation; and
(3) use and quiet enjoyment of property owned by the Ho-Chunk Nation.
3. Purpose. This Ordinance regulates the use of all-terrain vehicles/utility terrain vehicles on
Ho-Chunk Nation lands. The Ho-Chunk Nation Legislature has given due consideration to the
recreational and economic value to connect trail opportunities and weighted against possible
dangers, public health, liability aspects, terrain involved, traffic density and history of automobile
traffic. The Ho-Chunk Nation enacts this law to allow for the protection of community members
and the environment while allowing for the use of all-terrain vehicles/utility terrain vehicles.
4. Role of Traditional Court. Based on the importance of adhering to the traditions of the HoChunk Nation, this Ordinance shall provide that violators (minors and parents/guardians and other
ATV/UTV operators) of this Ordinance shall be referred to the Traditional Court to be advised
with respect to Ho-Chunk Nation traditions regarding damaging personal and Ho-Chunk Nation
properties, endangering their life and the lives of others by disregarding the safety intent of this
Ordinance, and the destruction of sacred sites. In addition to the penalties stated in this Ordinance,
the Traditional Court may impose a sanction worthy of placing cultural and traditional ethical
responsibility on the violator(s) based on Ho-Chunk culture and traditions.
5. Declaration of Policy.
a. Unless specifically stated otherwise herein, the rules and regulations governing the use and
operation of ATVs/UTVs on Ho-Chunk lands will be in accordance with Wisconsin Statute,
Section 23.33. The essential provisions of state law relating to the use and operation of
ATVs/UTVs on Ho-Chunk lands are restated for the information and the observance by
ATV/UTVs operators.
b. No person may operate an all-terrain vehicle/utility terrain vehicle on Ho-Chunk Nation
lands without the consent of the Nation or private landowner.
6. Definitions. As used in this Ordinance, the following shall have the meaning provided here.
a. "All-Terrain Vehicle" or “ATV” means an engine-driven device which has a net weight of
900 pounds or less, which has a width of 50 inches or less, which is equipped with a seat designed
to be straddled by the operator and which is designed to travel on 3 or more low-pressure tires. A
low-pressure tire is a tire, which has a minimum width of 6 inches, which is designed to be mounted
on a rim with a maximum diameter of 12 inches, and which is designed to be inflated with an
operating pressure not to exceed 6 pounds per square inch as recommended by the manufacturer.
b. "All-Terrain Vehicle/Utility Terrain Vehicle Route" means a highway or sidewalk
designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction.
c. "All-Terrain Vehicle/Utility Terrain Vehicle Trail" means a marked corridor on public
property or on private lands subject to public easement or lease, designated for use by all-terrain

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vehicle/utility terrain vehicle operators by the governmental agency having jurisdiction, but
excluding roadways of highways except those roadways that are seasonally not maintained for
motor vehicle traffic.
d. "Department of Natural Resources" or "DNR" means the Ho-Chunk Nation Department
of Natural Resources.
e. "Highway" means all public ways and thoroughfares and bridges on the same. It includes
the entire width between the boundary lines of every way open to the use of the public as a matter
of right for the purpose of vehicular traffic.
f. "Operate" means the exercise of physical control over the speed or direction of an allterrain vehicle/utility terrain vehicle or the physical manipulation or activation of any of the
controls of an all-terrain vehicle/utility terrain vehicle necessary to put in motion. Operate includes
the operation of an all-terrain vehicle/utility terrain vehicle.
g. "Operator" means a person who operates an all-terrain vehicle/utility terrain vehicle, who
is responsible for the operation of an all-terrain vehicle/utility terrain vehicle, or who is supervising
the operation of an all- terrain vehicle/utility terrain vehicle.
h. "Owner" means a person who has lawful possession of an all-terrain vehicle/utility terrain
vehicle by virtue or legal title or equitable interest in the all-terrain vehicle/utility terrain vehicle
that entitles the person to possession of the all-terrain vehicle/utility terrain vehicle.
i. "Public Nuisance" means conduct that interferes with comfortable enjoyment of life,
health, safety, and property by the entire community or neighborhood or any considerable number
of persons.
j. "Roadway" means that portion of a highway between the regularly established curb lines
or that portion which is improved, designed or ordinarily used for vehicular travel excluding the
berm or shoulder.
k. "Small All-Terrain Vehicle" means an all-terrain vehicle that has 4 wheels and that has
either an engine certified by the manufacture at not more than 90 cubic centimeters or an equivalent
power unit.
l. "Used Exclusively on Private Property" means use of an all-terrain vehicle/utility terrain
vehicle by the owner of the all-terrain vehicle/utility terrain vehicle or a member of his or her
immediate family only on land owned or leased by the all-terrain vehicle/utility terrain vehicle
owner or a member of his or her immediate family.
m. “Utility Terrain Vehicle” or “UTV” means any of the following:
1. A commercially designed and manufactured motor driven device that does not meet
federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed
vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a

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highway, and that has, and was originally manufactured with, all of the following:
(a) A weight, without fluids, of 3,000 pounds or less.
(b) Four or more tires.
(c) A steering wheel.
(d) A tail light.
(e) A brake light.
(f) Two headlights.
(g) A width of not more than 65 inches as measured laterally between the outermost
wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not
essential to the vehicle's basic operation.
(h) A system of seat belts, or a similar system, for restraining each occupant of the
device in the event of an accident.
(i) A system of structural members designed to reduce the likelihood that an occupant
would be crushed as the result of a rollover of the device.
2. A commercially designed and manufactured motor driven device to which all of the
following applies:
(a) It does not meet federal motor vehicle safety standards in effect on July 1, 2012; is
not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle; is designed to be
used primarily off of a highway; and has, and was originally manufactured with, a weight, without
fluids, of not more than 3,000 pounds.
(b) It has a width of 65 inches or less as measured laterally between the outermost
wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not
essential to the vehicle's basic operation.
(c) It is equipped with a seat designed to be straddled by the operator.
(d) It travels on 3 or more tires.
(e) It is not an all-terrain vehicle, as defined in s. 340.01 (2g)
7. Rules of Operation. No person may operate an all-terrain vehicle/utility terrain vehicle:
a. On lands owned or under the control of the Ho-Chunk Nation; except, where their use is
authorized by posted notice or permit. Failure to post on Ho-Chunk Nation lands does not imply

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consent for all-terrain vehicle/utility terrain vehicle use.
b. On the private property of another without the consent of the owner or lessee. Failure to
post private property does not imply consent for all-terrain vehicle/utility terrain vehicle use.
c. In any careless way so as to endanger the person or property of another.
d. With any firearm in his or her possession unless it is unloaded and enclosed in a carrying
case, or any bow unless it is unstrung or enclosed in a carrying case.
e. To drive or pursue any animal except as a part of normal farming operations involving the
driving of livestock.
f. When within 150 feet of a dwelling at a speed exceeding 10 miles per hour.
g. On or across a cemetery, burial ground, campground, park, school property or church
property without consent of the owner.
h. At a rate of speed that is unreasonable or improper under the circumstances. The operator
of an all-terrain vehicle/utility terrain vehicle shall slow his or her vehicle to a speed not to exceed
10 miles per hour and yield the right-of-way when traveling within 100 feet of a person who is not
on an all-terrain vehicle/utility terrain vehicle, snowmobile or a motorcycle
i. In a manner which violates operation rules or restrictions promulgated by the Ho-Chunk
Nation Department of Administration Division of Realty and approved by the Legislature.
8. Routes and Trails.
a. The Department of Administration-Division of Realty has the following authority:
(1)

to establish ATV/UTV route and trail ingress/egress points on Nation lands;

(2) to establish and post restrictions that limit or prohibit the operation of ATVs/UTVs
under certain circumstances or periods of the year; and
(3)

to establish ATV/UTV routes and trails across Nation lands as necessary.

b. The Department of Natural Resources has the following authority:
(1)

to maintain all ATV/UTV routes and trails on Nation lands.

9. Operation by Youthful Operators Restricted.
a. It is illegal for anyone under the age of 12 years of age to operate an all-terrain
vehicle/utility terrain vehicle.

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b. All operators of ATVs/UTVs who ride on public riding areas (trails, frozen waters, routes,
permitted county and/or forest lands, Ho-Chunk Nation lands, etc.) who are at least age 12 and
who were born on or after January 1, 1988, must have completed a safety certification course.
These ATV/UTV operators must carry their safety certification card and they must display it to
law enforcement officers when requested. There is at least one class per county per year or
scheduled classes are posted on the Wisconsin Department of Natural Resources web site
www.dnr.state.wi.us.
c. Anyone 11 years of age or older is eligible to take the class and receive a safety education
completion certificate. The certificate does not become valid until the child reaches 12 years of
age.
d. Persons under 18 years of age may not operate or be a passenger on a ATV/UTV without
wearing protective headgear/helmet with the chin strap properly fastened (motorcycle type, Snell
or DOT approved) when operating on public riding areas.
10. Owner Permitting Operation. No owner or other person having charge or control of an allterrain vehicle/utility terrain vehicle may authorize or permit any person to operate the all-terrain
vehicle/utility terrain vehicle if the person is prohibited from operating an all-terrain vehicle/utility
terrain vehicle under this Ordinance, if the person is incapable to operating an all-terrain
vehicle/utility terrain vehicle because of a physical or mental disability, or if the person is under
the influence of fermented malt beverages, intoxicating liquor, controlled or uncontrolled
substances.
11. Rental of ATV/UTV.
a. No person who is engaged in the rental or leasing of all-terrain vehicles/utility terrain
vehicles to the public may do any of the following:
(1) Rent or lease an all-terrain vehicle/utility terrain vehicle for operation by a person who
will be operating an all-terrain vehicle/utility terrain vehicle for the first time unless the person
engaged in the rental or leasing gives the person instruction on how to operate an all-terrain
vehicle/utility terrain vehicle.
(2) Rent or lease an all-terrain vehicle/utility terrain vehicle to a person under 16 years of
age.
(3) Rent or lease an all-terrain vehicle/utility terrain vehicle without first ascertaining that
any person under the age of 18 who will be on the all-terrain vehicle/utility terrain vehicle has
required protective headgear.
b. A person who is engaged in the rental or leasing of all-terrain vehicles/utility terrain
vehicles to the public shall have clean, usable protective headgear available for rent in sufficient
quantity to provide headgear to all persons under the age of 18 who will be on all-terrain
vehicles/utility terrain vehicles that the person rents or leases.

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12. ATV/UTV Operating Requirements.
a. Equipment Requirements.
(1) Any all-terrain vehicle/utility terrain vehicle operated during hours of darkness or
operated during daylight hours on any highway right-of-way is required to display a lighted
headlamp and tail lamp.
(2) The headlamp on an all-terrain vehicle/utility terrain vehicle is required to display a
white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a
distance of at least 200 feet ahead of the all-terrain vehicle/utility terrain vehicle.
(3) The tail lamp on the all-terrain vehicle/utility terrain vehicle is required to display a red
light plainly visible during darkness from a distance of 500 feet to the rear.
(4) Every all-terrain vehicle/utility terrain vehicle is required to be equipped with at least
one brake operated either by hand or by foot.
(5) Every all-terrain vehicle/utility terrain vehicle is required to be equipped with a
functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester
approved by the U.S. Forest Service.
b. Use of Headgear. No person may operate or be a passenger on an all-terrain vehicle/utility
terrain vehicle without wearing protective headgear and with the chin strap properly fastened,
unless one of the following applies:
(1) The person is at least 18 years of age.
(2) The person is traveling for the purposes of hunting or fishing and is at least 12 years of
age.
(3) The all-terrain vehicle/utility terrain vehicle is being operated for an agricultural
purpose.
(4) The all-terrain vehicle/utility terrain vehicle is being operated by a person on land under
the management and control of the person’s immediate family.
c. Passengers. No passenger of any age is permitted on an ATV/UTV unless the manufacturer
specifies that a passenger is allowed.
13. Operation On or Near Highways.
a. No person may operate an all-terrain vehicle/utility terrain vehicle on a highway (including
the entire right-of-way) except in the following situations:
(1) To cross a roadway. The crossing of a roadway is authorized only if the crossing is

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done in the most direct manner practical, if the crossing is made at a place where no obstruction
prevents a quick and safe crossing and if the operator stops the all- terrain vehicle/utility terrain
vehicle prior to the crossing and yields the right-of-way to other vehicles and pedestrians using
the roadway.
(2) On any roadway which is seasonally not maintained for motor vehicle traffic. Operation
of an all-terrain vehicle/utility terrain vehicle on this type of roadway is authorized only during the
seasons when no maintenance occurs and only if the roadway is not officially closed to all-terrain
vehicle/utility terrain vehicle traffic.
(3) To cross a bridge, culvert or railroad right-of-way unless the roadway is officially
closed to all-terrain vehicle/utility terrain vehicle traffic. The crossing is authorized only if the
crossing is done in the most direct manner practical, if the crossing is made at a place where no
obstruction prevents a quick and a safe crossing and if the operator stops the all-terrain
vehicle/utility terrain vehicle prior to the crossing and yields the right-of-way to other vehicles and
pedestrians using the roadway.
(4) On roadways which are designated by the Ho-Chunk Transportation Authority as allterrain vehicle/utility terrain vehicle routes. Operation on a roadway that is an all-terrain
vehicle/utility terrain vehicle route is authorized only for the extreme right side of the roadway
except that left turns may be made from any part of the roadway that is safe given prevailing
conditions.
(5) On roadways if the all-terrain vehicle/utility terrain vehicle is an implement of
conservation management, if the all-terrain vehicle/utility terrain vehicle is used exclusively for
agricultural purposes and if the all-terrain vehicle/utility terrain vehicle is registered for private
agricultural use. Operation of an all-terrain vehicle/utility terrain vehicle, which is an implement
of conservation management on a roadway, is authorized only on the extreme right side of the
roadway except that left runs may be made from any part of the roadway, which is safe given
prevailing conditions.
b. A person may operate an all-terrain vehicle/utility terrain vehicle adjacent to a roadway (on
an all-terrain vehicle/utility terrain vehicle route or trail) if the person operates the all-terrain
vehicle/utility terrain vehicle in the following manner:
(1) At a distance of 10 or more feet from the roadway along U.S. numbered highways and
state and county highways. Travel on the median of a divided highway is prohibited except to
cross.
(2) Outside of the roadway along town highways.
(3) During daylight hours travel may be in either direction regardless of the flow of motor
vehicle traffic.
(4) At night travel shall conform to the direction of traffic in the nearest lane.

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(5) Not in excess of the speed limits of the adjacent roadway.
14.

Operation of an ATV/UTV in Residential Areas.
a. All-terrain operators in the residential areas:
(1) Are prohibited from operating all-terrain vehicles/utility terrain vehicles from 9pm-

6am.
(2) Shall not operate all-terrain vehicles/utility terrain vehicles in excess of 15 miles per
hour.
(3) Shall not operate all-terrain vehicles/utility terrain vehicles on sidewalks or yards,
unless the operator is on his or her own land or leases the land.
(4) Shall use extra caution, including yielding right of way, whenever pedestrians or other
motor vehicle traffic are in the near vicinity.
(5) Shall not cause excessive noise with all-terrain vehicles/utility terrain vehicle.
(6) Shall not use the public driveways of Tribal service providers, unless conducting
business.
(7) Shall not use the Tribal residential area as a riding area. In the Tribal residential area,
all-terrain vehicles/utility terrain vehicles should only be utilized to get to and from another area.
(8) Shall use the most direct route when entering and exiting a Tribal residential area.
15. Operation of an ATV/UTV While Intoxicated.
a. No person may operate an all-terrain vehicle/utility terrain vehicle while under the
influence of an intoxicant to a degree, which renders him, or her incapable to safe operation or
while the person has a blood alcohol concentration of 0.08 or more.
b. Preliminary Breath Screening Test. A person shall provide a sample of his or her breath
for a preliminary breath screening test if a law enforcement officer has probable cause to believe
that the person is violating or has violated the intoxicated all-terrain vehicle/utility terrain vehicle
law and if, prior to arrest, the law enforcement officer requested the person to provide this sample.
c. Implied Consent. Any person who engages in the operation of an all-terrain vehicle/utility
terrain vehicle upon the public highways of the Ho-Chunk Nation is deemed to have given consent
to provide one or more samples of his or her breath or urine.
d. Refusal. No person may refuse a lawful request to provide one or more samples of his or
her breath or urine as authorized by law.

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e. Applicability of the Intoxicated Operation of an All-Terrain Vehicle/Utility Terrain
Vehicle. In addition to being applicable upon highways, the intoxicated all-terrain vehicle/utility
terrain vehicle law is applicable upon all premises held out to the public for use of their all-terrain
vehicle/utility terrain vehicle, whether such premises are publicly or privately owned and whether
or not a fee is charged for the use thereof.
16. Duty to Report Accidents.
a. If an accident results in the death of any person or in the injury of any person which requires
the treatment of the person by a physician, the operator of each all-terrain vehicle/utility terrain
vehicle involved in the accident shall give notice of the accident to a local law enforcement officer
as soon as possible and shall file a written report of the accident with the Ho-Chunk Nation Police
Department on the appropriate form within 10 days after the accident.
b. If the operator of an all-terrain vehicle/utility terrain vehicle is physically incapable of
making the report required by this subsection and there was another witness to the accident capable
of making the report, the witness may make the report.
17. Registration of ATV/UTV.
a. Registration Requirement.
(1) No person may operate and no owner may give permission for the operation of an allterrain vehicle/utility terrain vehicle on Ho-Chunk land unless the all-terrain vehicle/utility terrain
vehicle is registered with the Wisconsin Department of Natural Resources or is exempt from
registration.
(2) An all-terrain vehicle/utility terrain vehicle is exempt from registration if it is:
(a) Owned by the United States, another state or a political subdivision thereof, but the
exterior of the all-terrain vehicle/utility terrain vehicle shall display in a visible manner the name
of the owner.
(b) Covered by a valid registration in another state, province or country if there is some
identification of registration displayed on the all-terrain vehicle/utility terrain vehicle and it has
not been in this state for more than 15 consecutive days.
(c) Used exclusively for racing on a raceway facility.
(d) Owned by a political subdivision of the state and used for enforcement or
emergency purposes.
b. Registration Decals. Registration decals shall be permanently affixed to the all- terrain
vehicle/utility terrain vehicle by the decal’s own adhesive on both sides of the vehicle in a position
forward of the operator that is clearly visible. The owner of an all-terrain vehicle/utility terrain
vehicle shall maintain the registration decals in a legible condition at all times. The decals shall be

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permanently attached and displayed on the all-terrain vehicle/utility terrain vehicle before any
person operates the vehicle, or possess a validated registration receipt.
18. Liability of Landowners. Landowners or private property owners who have not given their
permission for ATV/UTV use will not be held liable for any all-terrain injuries of the operator or
passenger unless:
a. The injury is caused by a malicious act of the private property owner or landowner.
b. The injury occurs on property owned by a private property owner to a social guest who has
been expressly and individually invited by the private property owner for the specific occasion
during which the injury occurs, if the injury occurs on any of the following:
(1) Platted land.
(2) Residential property.
(3) Property within 300 feet of a building or structure on land that is classified as
mercantile or manufacturing.
c. The injury is sustained by an employee of a private property owner acting within the scope
of his or her duties.
19. Enforcement and Penalties.
a. Enforcement.
(1) Any law enforcement officer including, any officer of the Ho-Chunk Nation Police
Department, state traffic patrol, state patrol inspector, conservation warden, county sheriff, or
municipal peace officer may enforce the laws governing all-terrain vehicle/utility terrain vehicle
use.
(2) No person operating an all-terrain vehicle/utility terrain vehicle may refuse to stop after
being requested or signaled to do so by a law enforcement officer.
(3) Enforcement provisions may be included in the Nation's County/Tribal Law
Enforcement Agreements.
b. Citations.
(1) Citations for violation of this law and/or orders issued pursuant to this law may include
the imposition of sanctions, fines, penalties, conditions and other orders in accordance with this
law. A separate offense shall be deemed committed on each day during or on which a violation
occurs or continues.

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(2) Any order issued pursuant to this law that is not complied with may be physically
enforced by the Ho-Chunk Nation Police Department and at the Owner’s expense.
(3) The Ho-Chunk Nation Police Department, by means of Ho-Chunk Nation Police
Officers, is authorized to take any appropriate action to prevent or remove a violation of this Law.
c. Penalties.
(1) Any person who violates any provision of this Ordinance, except the intoxicated
operation or refusal law, shall forfeit not more than $250 fine; and for property damage shall
reimburse the Nation an amount estimated by the Department affected by the damage.
(2) Intoxication Violations. Penalties related to the intoxicated operation or refusal law
are (i) first offense, person shall be fined not less than $150 or more than $300; (ii) second offense,
person shall be fined not less than $300 or more than $1,000; and (iii) third offense, person shall
be fined not less than $600 or more than $2,000.
20. Jurisdiction and Abatement.
a. Whenever it appears that a person has violated, or is violating, or is threatening to violate
any provision of this Ordinance, the Attorney General may file an action in the Ho-Chunk Nation
Trial Court to enforce this Ordinance.
b. If a violation(s) of this Ordinance meets the definition of a public nuisance, a Tribal
Member may maintain an action in the Ho-Chunk Nation Trial Court to abate the violation(s) and
recover damages under the provisions of the Public Nuisance Act (3 HCC § 2).

Legislative History:
2/18/05
5/17/05
7/8/05
8/2/05
7/7/20
2/23/21
10/5/21
02/01/22

Department of Planning submits Proposed Bill for an All-Terrain Vehicle Code.
Legislature places Draft All-Terrain Vehicle Usage Act (8 HCC § 9) out for 45-Day Public Review.
45-Day Public Review period ends without comments. Final Draft Bill changed to 7 HCC § 3.
Legislature enacts the All-Terrain Vehicle Usage Ordinance as 7 HCC § 3 by Legislative Resolution
8/2/05B.
Legislature authorizes to place the All-Terrain Vehicle Usage Ordinance out for 45 Day Public Comment
via Resolution 07/07/20A.
Legislature amends the All-Terrain Vehicle Usage Ordinance by Legislative Resolution 2/23/21A.
Legislature places All-Terrain Vehicle Usage Act out for 45 Day Public Review, via Resolution 10-0521D, including Utility Terrain Vehicles and other amendments.
Legislature adopts amendments to the All-Terrain/Utility Terrain Vehicles Usage Act, via Resolution
02-01-22C.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aho-chunk%3A001b1611eb618821. Public record. Not legal advice.