LRBs0476/1
RPN&KSH:kmg:km
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 527
February 5, 1996 - Offered by Representative Johnsrud.
AB527-ASA1,1,2
1An Act to amend 895.52 (1) (g); and
to create 895.527 of the statutes;
relating
2to: sport shooting range responsibilities and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB527-ASA1,1,144
895.52
(1) (g) "Recreational activity" means any outdoor activity undertaken
5for the purpose of exercise, relaxation or pleasure, including practice or instruction
6in any such activity. "Recreational activity" includes
, but is not limited to, hunting,
7fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling,
8horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle,
9ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding,
10snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or
11removing wood, climbing observation towers, animal training, harvesting the
12products of nature
, shooting and any other outdoor sport, game or educational
13activity
, but. "Recreational activity" does not include any organized team sport
14activity sponsored by the owner of the property on which the activity takes place.
AB527-ASA1,2,2
2895.527 Sport shooting range activities. (1) In this section:
AB527-ASA1,2,53
(a) "Compliance with the rules" means compliance with every rule promulgated
4by the department of natural resources under sub. (2), and with every modification
5of those rules within one year after the effective date of the rule modification.
AB527-ASA1,2,76
(b) "Sport shooting range" means an area designed and operated for the use of
7firearms.
AB527-ASA1,2,178
(
2) The department of natural resources shall promulgate rules establishing
9generally accepted practices for the design and operation of sport shooting ranges
10within one year after the effective date of this subsection .... [revisor inserts date].
11The department of natural resources shall consider practices for the design and
12operation of sport shooting ranges developed by nationally recognized, nonprofit,
13membership organizations that provide firearm safety programs when developing
14proposed rules under this subsection. The department shall review and modify the
15rules promulgated under this subsection as necessary to incorporate changes in the
16practices recommended by nationally recognized, nonprofit, membership
17organizations that provide firearm safety programs.
AB527-ASA1,2,23
18(3) A person who owns or operates a sport shooting range in compliance with
19the rules is immune from civil liability related to noise pollution resulting from the
20operation of the sport shooting range if the owner or operator of the sport shooting
21range complies in good faith with any ordinance related to noise control that applied
22to the sport shooting range at the time of construction or initial operation of the sport
23shooting range.
AB527-ASA1,3,5
24(4) A person who owns or operates a sport shooting range in compliance with
25the rules is not subject to an action for nuisance related to noise. No court may enjoin
1or restrain the operation or use of a sport shooting range on the basis of noise
2pollution if the owner or operator of a sport shooting range is in compliance with the
3rules and complies in good faith with any ordinance related to noise control that
4applied to the sport shooting range at the time of construction or initial operation of
5the sport shooting range.
AB527-ASA1,3,11
6(5) Any person who participates in activities at a sport shooting range whose
7owner or operator is in compliance with the rules accepts the risks associated with
8sport shooting ranges to the extent that those risks are obvious and inherent. Those
9risks include injuries that may result from noise, discharge of a projectile,
10malfunction of equipment or of a firearm not owned by the sport shooting range,
11natural variations in terrain, snow or ice conditions or other natural conditions.
