AB308: Bill Text

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1997 - 1998 LEGISLATURE

1997 Assembly BILL 308

April 24, 1997 - Introduced by Representatives Huebsch, Johnsrud, Albers, Musser, M. Lehman, Schafer, Kreibich, Porter, Handrick, Ott, Powers, Hoven, Jensen, Kaufert, Gunderson, Goetsch, Freese, Sykora, Seratti and Grothman, cosponsored by Senators Zien, Schultz, Drzewiecki, Rude and Panzer. Referred to Committee on Natural Resources.

AB308,1,2 An Act to amend 895.52 (1) (g); and to create 895.527 of the statutes; relating to: sport shooting range immunity and responsibilities.

Analysis by the Legislative Reference Bureau

Under current law, the owner of property has no duty to keep the property safe for recreational activities, to inspect the property or to warn of unsafe conditions on the property and is immune from liability for damages occurring on the property while a person is engaged in a recreational activity on the property. This immunity does not apply if the property owner charges for the recreational use of the property and the total annual value of the charges exceeds $2,000. Generally, recreational activity includes every kind of activity, sport or game that can be engaged in by an individual, but does not include organized team sport activity sponsored by the property owner. This bill adds "shooting" to the list of recreational activities, which includes camping, picnicking, bicycling, bird-watching, fishing, sledding, skating, rock-climbing and harvesting the products of nature.

The bill provides that sport shooting range operators and owners are immune from civil and criminal liability related to noise pollution if the operator or owner of the range complies in good faith with noise control ordinances that applied to the range at the time that the range was constructed or initially operated. Under the bill, persons who own or operate a sport shooting range are not subject to an action for nuisance related to noise. The bill also provides that users of sport shooting ranges accept the risks associated with those ranges. The bill permits a sport shooting range operating when this bill becomes effective to continue to operate in violation of a local zoning ordinance if the range was a lawful use or a legal nonconforming use under any local zoning ordinance in effect on the effective date of the bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB308, s. 1 Section 1. 895.52 (1) (g) of the statutes is amended to read:

AB308,2,12 895.52 (1) (g) "Recreational activity" means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" includes, but is not limited to, hunting, fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling, horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, shooting and any other outdoor sport, game or educational activity, but. "Recreational activity" does not include any organized team sport activity sponsored by the owner of the property on which the activity takes place.

AB308, s. 2 Section 2. 895.527 of the statutes is created to read:

AB308,2,15 895.527 Sport shooting range activities. (1) In this section, "sport shooting range" means an area designed and operated for the use of firearms.

AB308,2,20 (2) A person who owns or operates a sport shooting range is immune from civil liability related to noise pollution resulting from the operation of the sport shooting range if the owner or operator of the sport shooting range complies in good faith with any ordinance related to noise control that applied to the sport shooting range at the time of construction or initial operation of the sport shooting range.

AB308,3,6 (3) A person who owns or operates a sport shooting range is not subject to an action for nuisance related to noise and no court may enjoin or restrain the operation or use of a sport shooting range on the basis of noise pollution if the owner or operator of a sport shooting range complies in good faith with any ordinance related to noise control that applied to the sport shooting range at the time of construction or initial operation of the sport shooting range.

AB308,3,12 (4) Any person who participates in activities at a sport shooting range accepts the risks associated with sport shooting ranges to the extent that those risks are obvious and inherent. Those risks include injuries that may result from noise, discharge of a projectile, malfunction of equipment or of a firearm not owned by the sport shooting range, natural variations in terrain, snow or ice conditions or other natural conditions.

AB308,3,18 (5) Any sport shooting range that exists on the effective date of this subsection .... [revisor inserts date], may continue to operate as a sport shooting range at that location notwithstanding any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the sport shooting range is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) on the effective date of this subsection .... [revisor inserts date].

AB308,3,19 (End)