23.33(10)
(10) Liability of landowners. Section 895.52 applies to this section.
23.33(11)(a)(a) Counties, towns, cities and villages may enact ordinances regulating all-terrain vehicles on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by the county, city, town or village.
23.33(11)(am)
(am) Any county, town, city or village may enact an ordinance which is in strict conformity with this section and rules promulgated by the department under this section, if the ordinance encompasses all aspects encompassed by this section.
23.33(11)(b)
(b) If a county, town, city or village adopts an ordinance regulating all-terrain vehicles, its clerk shall immediately send a copy of the ordinance to the department and to the office of any law enforcement agency of the municipality or county having jurisdiction over any highway designated as an all-terrain vehicle route.
23.33(11m)
(11m) Lightweight utility vehicles pilot program. 23.33(11m)(a)1.
1. "Golf cart" means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and is designed and intended to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.
23.33(11m)(a)2.
2. "Lightweight utility vehicle" means an engine-driven device having a gross weight of more than 700 pounds but not more than 1,999 pounds that is designed to travel on 4 or more low-pressure tires, is equipped with a cargo area, and is used primarily off a highway. "Lightweight utility vehicle" does not include golf carts or low-speed vehicles.
23.33(11m)(a)3.
3. "Low pressure tire" means a tire that is designed to be mounted on a rim with a maximum diameter of 14 inches and to be inflated with an operating pressure not to exceed 20 pounds per square inch as recommended by the manufacturer.
23.33(11m)(a)4.
4. "Low-speed vehicle" means a low-speed vehicle, as defined in
49 CFR 571.3, that satisfies the equipment standards under
49 CFR 571.500 and that was originally manufactured to meet the applicable equipment standards under
49 CFR 571.500. "Low-speed vehicle" does not include a golf cart.
23.33(11m)(b)
(b) The department of natural resources, in consultation with the department of transportation, shall administer a pilot program to investigate the effects of using lightweight utility vehicles on trails and roadways that are used and authorized to be used by all-terrain vehicles, to evaluate whether it is feasible and appropriate to expand the allowable use of lightweight utility vehicles.
23.33(11m)(c)
(c) The counties of Florence, Forest, Sawyer, Marinette, Langlade, Lincoln, Oneida, and Washburn, and the municipalities within those counties, are eligible to participate in the pilot program, and the governing body of each county or municipality may elect to participate in the pilot program by adopting a resolution to that effect. The governing body of each county or municipality may withdraw from the pilot program prior to the end of the pilot program under
par. (h) by adopting a resolution to that effect.
23.33(11m)(d)
(d) The counties and municipalities in the pilot program may designate any of the following:
23.33(11m)(d)1.
1. All-terrain vehicle routes and trails located within the respective county or municipality that may be used by operators of lightweight utility vehicles.
23.33(11m)(d)2.
2. All-terrain vehicle routes and trails located within the respective county or municipality upon which lightweight utility vehicle use is prohibited.
23.33(11m)(e)
(e) For the purposes of all of the following, a lightweight utility vehicle that is operated as authorized under this subsection is considered an all-terrain vehicle:
23.33(11m)(f)
(f) In addition to the provisions under
par. (e), the operation of a lightweight utility vehicle as authorized under the pilot program is subject to all of the following:
23.33(11m)(f)1.
1. The operator of a lightweight utility vehicle must possess a valid motor vehicle operator's license.
23.33(11m)(f)2.
2. Any trail fees imposed on all-terrain vehicle use by a county or municipality also apply to operation of a lightweight utility vehicle.
23.33(11m)(g)
(g) The department of natural resources, in consultation with the department of transportation and with the counties and municipalities participating in the pilot program, shall evaluate the effect of using lightweight utility vehicles on roadways and on all-terrain vehicle routes and trails upon conclusion of the pilot program. The department may make grants from the appropriation under
s. 20.370 (5) (cu) to each participating county and municipality, for the purpose of assisting the department of natural resources in the evaluation. The department of natural resources shall make grants in such a manner that the total amount of grants for a given county, including the grants to municipalities located wholly or partially in that county, does not exceed $2,000. The department of natural resources shall report the results of its evaluation to the legislature under
s. 13.172 (2) no later than January 1, 2010.
23.33(11m)(h)
(h) The pilot program under this subsection does not apply after September 30, 2009.
23.33(12)(a)(a) An officer of the state traffic patrol under
s. 110.07 (1), inspector under
s. 110.07 (3), conservation warden appointed by the department under
s. 23.10, county sheriff or municipal peace officer has authority and jurisdiction to enforce this section and ordinances enacted in conformity with this section.
23.33(12)(b)
(b) No operator of an all-terrain vehicle may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in
s. 939.22 (5).
23.33(13)(a)(a)
Generally. Except as provided in
pars. (am) to
(e), any person who violates this section shall forfeit not more than $250.
23.33(13)(am)
(am)
Penalty related to interference with signs and standards. Except as provided in
par. (cg), a person who violates
sub. (8) (f) and who, within the last 2 years prior to the arrest for the current violation, was 2 or more times previously convicted for violating a provision of this chapter shall forfeit not more than $500.
23.33(13)(ar)
(ar)
Penalty related to nonresident trail passes. Any person who violates
sub. (2j) shall forfeit not more than $1,000.
23.33(13)(b)
(b)
Penalties related to intoxicated operation of an all-terrain vehicle. 23.33(13)(b)2.
2. Except as provided under
subd. 3., a person who violates
sub. (4c) (a) 1.,
2., or
2m. or
(4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an all-terrain vehicle law or the refusal law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.
23.33(13)(b)3.
3. A person who violates
sub. (4c) (a) 1.,
2., or
2m. or
(4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.
23.33(13)(bg)
(bg)
Penalties related to intoxicated operation of an all-terrain vehicle; underage passengers. If there is a passenger under 16 years of age on the all-terrain vehicle at the time of a violation that gives rise to a conviction under
sub. (4c) (a) 1. or
2. or
(4p) (e), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under
pars. (b) 1.,
2., and
3. for the conviction are doubled.
23.33(13)(br)
(br)
Penalties related to intoxicated operation of an all-terrain vehicle; enhancers. 23.33(13)(br)1.1. If a person convicted under
sub. (4c) (a) 1. or
2. had an alcohol concentration of 0.17 to 0.199 at the time of the offense, the minimum and maximum fines specified under
par. (b) 3. for the conviction are doubled.
23.33(13)(br)2.
2. If a person convicted under
sub. (4c) (a) 1. or
2. had an alcohol concentration of 0.20 to 0.249 at the time of the offense, the minimum and maximum fines specified under
par. (b) 3. for the conviction are tripled.
23.33(13)(br)3.
3. If a person convicted under
sub. (4c) (a) 1. or
2. had an alcohol concentration of 0.25 or above at the time of the offense, the minimum and maximum fines under
par. (b) 3. for the conviction are quadrupled.
23.33(13)(c)
(c)
Penalties related to causing injury; intoxicants. A person who violates
sub. (4c) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned not less than 30 days nor more than one year in the county jail.
23.33(13)(cg)
(cg)
Penalties related to causing death or injury; interference with signs and standards. A person who violates
sub. (8) (f) 1. is guilty of a Class H felony if the violation causes the death or injury, as defined in
s. 30.67 (3) (b), of another person.
23.33(13)(cm)
(cm)
Sentence of detention. The legislature intends that courts use the sentencing option under
s. 973.03 (4) whenever appropriate for persons subject to
par. (b) 2. or
3. or
(c). The use of this option can result in significant cost savings for the state and local governments.
23.33(13)(d)
(d)
Calculation of previous convictions. In determining the number of previous convictions under
par. (b) 2. and
3., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
23.33(13)(dm)
(dm)
Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.
23.33(13)(e)
(e) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates
sub. (4c) (a) or
(b) or
(4p) (e) or who violates
s. 940.09 or
940.25 if the violation involves the operation of an all-terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with
s. 343.30 (1q) (c) 1. a. to
c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under
ch. 785.
23.33(13)(f)
(f)
Restoration or replacement of signs and standards. In addition to any other penalty, the court may order the defendant to restore or replace any uniform all-terrain vehicle route or trail sign or standard that the defendant removed, damaged, defaced, moved or obstructed.
23.33 History
History: 1985 a. 29;
1987 a. 200,
353,
399,
403;
1989 a. 31,
275,
359;
1991 a. 39,
303,
315;
1993 a. 16,
105,
119,
405;
1995 a. 27 ss.
1350 to
1351,
9126 (19);
1995 a. 436,
448;
1997 a. 27,
248,
283;
1999 a. 9;
2001 a. 16,
90,
106,
109;
2003 a. 30,
97,
251,
326;
2005 a. 25,
253,
481;
2007 a. 20 ss.
664m to
666m,
9121 (6) (a);
2007 a. 27,
209.
23.33 Cross-reference
Cross Reference: See also ch.
NR 64, Wis. adm. code.
23.33 Annotation
The safety certificate requirement under sub. (5) is a creation of the legislature, and the legislature has specified who is required to comply with the requirement. When a person is not required to obtain a safety certificate, that person cannot be negligent for failing to do so. Hardy v. Hoefferle, 2007 WI App 264,
306 Wis. 2d 513,
743 N.W.2d 843,
06-2861.
23.33 Annotation
County forest roads open to vehicular traffic are highways that can be designated as routes under sub. (8) (b).
77 Atty. Gen. 52.
23.35
23.35
Reciprocal registration exemption agreements for federally recognized American Indian tribes and bands. 23.35(1)(1) The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles and all-terrain vehicles that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following:
23.35(1)(a)
(a) Requires that boats, snowmobiles and all-terrain vehicles display decals or identification numbers showing valid registration by the tribe or band.
23.35(1)(b)
(b) Employs registration decals and certificates of number that are substantially similar to those employed by the registration or certification programs of this state with regard to size, legibility, information content and placement on the boat, snowmobile or all-terrain vehicle.
23.35(1)(c)
(c) Employs a sequential numbering system that includes a series of letters or initials that identify the tribe or band issuing the registration.
23.35(1)(d)
(d) Provides all registration information to this state in one of the following ways:
23.35(1)(d)1.
1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement, for incorporation into the registration records of this state, within one working day of the addition, change or deletion.
23.35(1)(d)2.
2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.
23.35(1)(e)
(e) Provides reciprocal exemptions, from the tribe's or band's registration requirements, for boats, snowmobiles and all-terrain vehicles registered or certified by this state that are substantially as favorable as the exemptions enjoyed by the tribe or the band under the agreement. In this paragraph, "reciprocal exemption" means an exemption under the agreement that exempts from a tribe's or band's registration requirements, for operation within the boundaries of the tribe's or band's reservation, a boat, snowmobile or all-terrain vehicle that is owned by a person who is not a member of the tribe or band and that is registered or certified by this state to the same extent that the agreement exempts from state registration and certification requirements, for the operation outside the boundaries of the tribe's or band's reservation, a boat, snowmobile or all-terrain vehicle that is registered by the tribe or band.
23.35(2)
(2) An agreement entered into under
sub. (1) may cover a registration program for boats, snowmobiles or all-terrain vehicles or any combination thereof.
23.35 History
History: 1993 a. 405.
23.38
23.38
Natural resources law violation hotline. 23.38(1)
(1) The department shall maintain a toll-free telephone number at department headquarters to receive reports of violations of any statute or administrative rule that the department enforces or administers. The department shall relay these reports to the appropriate warden or officer for investigation and enforcement action. The department shall publicize the toll-free telephone number as widely as possible in the state.
23.38(2)
(2) The department shall maintain records which permit the release of information provided by informants while protecting the identity of the informant. Any records maintained by the department which relate to the identity of informants shall be only for the confidential use of the department in the administration of this section, unless the informant expressly agrees to release the records. Appearance in court as a witness shall not be considered consent by an informant to release confidential records maintained by the department.
23.38 History
History: 1979 c. 34;
1993 a. 16 s.
676; Stats. 1993 s. 23.38.
23.40
23.40
Environmental impact statement. 23.40(1)
(1)
Determination if environmental impact statement is required. Any person who files an application for a permit, license or approval granted or issued by the department, shall submit with the application a statement of the estimated cost of the project or proposed action for which the person seeks a permit, license or approval. The department may seek such further information as it deems necessary to determine whether it must prepare an environmental impact statement under
s. 1.11.
23.40(2)
(2) Notification; estimate of fee. 23.40(2)(a)(a) If the department is required to prepare an environmental impact statement, it shall notify the person by certified mail.
23.40(2)(b)
(b) The department shall indicate the estimated environmental impact statement fee.
23.40(3)
(3) Environmental impact statement fee. 23.40(3)(a)(a) The department shall charge an environmental impact statement fee if it is required to prepare an environmental impact statement or if it enters into a preapplication service agreement.
23.40(3)(b)
(b) The amount of the environmental impact statement fee shall equal the full cost of the preparation of the environmental impact statement and the full cost of any preapplication services if the department enters into a preapplication service agreement. These costs shall include the cost of authorized consultant services and the costs of printing and postage.
23.40(3)(c)
(c) The department shall determine the manner in which the environmental impact statement fee is to be paid. The department may require periodic payments if preapplication services are provided.
23.40(3)(d)
(d) Except as provided in
par. (e), the department shall deposit any environmental impact statement fee in the general fund and shall designate clearly the amount of the fee related to the cost of authorized environmental consultant services and the amount of the fee related to the cost of printing and postage.
23.40(3)(e)
(e) The department shall credit any environmental impact statement fee for a project involving the generation of electricity to the appropriation under
s. 20.370 (3) (dh).
23.40(4)
(4) Preapplication service agreement. The department may enter into an agreement to provide preapplication services necessary to evaluate the environmental impact of a project or proposed activity, monitor major developments and expedite the anticipated preparation of an environmental impact statement if the project or proposed activity is large, complex or environmentally sensitive and if the person planning the project or proposed activity agrees in writing even though that person has not filed an application for any permit, license or approval granted or issued by the department and no environmental impact statement has been prepared. Preapplication services include preliminary environmental reviews, field studies and investigations, laboratory studies and investigations and advisory services.
23.40(5)
(5) Authorized environmental consultant services. The department may enter into contracts for environmental consultant services under
s. 23.41 to assist in the preparation of an environmental impact statement or to provide preapplication services.
23.40(6)
(6) Exemption from fee for municipalities. Subsections (2) (b) and
(3) do not apply with respect to municipalities, as defined under
s. 345.05 (1) (c).
23.40 Cross-reference
Cross Reference: See also ch.
NR 150, Wis. adm. code.
23.41
23.41
Construction and service contracts. 23.41(1)(a)
(a) "Construction work" includes all labor and materials used in the erection, installation, alteration, repair, moving, conversion, demolition or removal of any building, structure or facility, or any equipment attached to a building, structure or facility.
