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1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 308
October 28, 1997 - Offered by Representative Huebsch.
AB308-ASA1,1,2 1An Act to amend 895.52 (1) (g) and 895.525 (2); and to create 895.527 of the
2statutes; relating to: sport shooting range immunity and responsibilities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB308-ASA1, s. 1 3Section 1. 895.52 (1) (g) of the statutes is amended to read:
AB308-ASA1,2,24 895.52 (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

1activity, but. "Recreational activity" does not include any organized team sport
2activity sponsored by the owner of the property on which the activity takes place.
AB308-ASA1, s. 2 3Section 2. 895.525 (2) of the statutes is amended to read:
AB308-ASA1,2,144 895.525 (2) Definition. In this section, "recreational activity" means any
5activity undertaken for the purpose of exercise, relaxation or pleasure, including
6practice or instruction in any such activity. "Recreational activity" includes, but is
7not limited to,
hunting, fishing, trapping, camping, bowling, billiards, picnicking,
8exploring caves, nature study, dancing, bicycling, horseback riding,
9horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle,
10ballooning, curling, throwing darts, hang gliding, hiking, tobogganing, sledding,
11sleigh riding, snowmobiling, skiing, skating, participation in water sports, weight
12and fitness training, sight-seeing, rock-climbing, cutting or removing wood,
13climbing observation towers, animal training, harvesting the products of nature,
14shooting
and any other sport, game or educational activity.
AB308-ASA1, s. 3 15Section 3. 895.527 of the statutes is created to read:
AB308-ASA1,2,17 16895.527 Sport shooting range activities. (1) In this section, "sport shooting
17range" means an area designed and operated for the use of firearms.
AB308-ASA1,2,20 18(2) A person who owns or operates a sport shooting range is immune from civil
19liability related to noise resulting from the operation of the sport shooting range if
20one of the following applies:
AB308-ASA1,2,2421 (a) The owner or operator of the sport shooting range complies in good faith
22with any statute, rule or ordinance related to noise control that applied to the sport
23shooting range at the time of construction or initial operation of the sport shooting
24range.
AB308-ASA1,3,2
1(b) No statute, rule or ordinance related to noise control applied at the time of
2construction or initial operation of the sport shooting range.
AB308-ASA1,3,5 3(3) A person who owns or operates a sport shooting range is not subject to an
4action for nuisance related to noise and no court may enjoin or restrain the operation
5or use of a sport shooting range on the basis of noise if one of the following applies:
AB308-ASA1,3,96 (a) The owner or operator of a sport shooting range complies in good faith with
7any statute, rule or ordinance related to noise control that applied to the sport
8shooting range at the time of construction or initial operation of the sport shooting
9range.
AB308-ASA1,3,1110 (b) No statute, rule or ordinance related to noise control applied at the time of
11construction or initial operation of the sport shooting range.
AB308-ASA1,3,17 12(4) Any sport shooting range that exists on the effective date of this subsection
13.... [revisor inserts date], may continue to operate as a sport shooting range at that
14location notwithstanding any zoning ordinance enacted under s. 59.69, 60.61, 60.62,
1561.35 or 62.23 (7), if the sport shooting range is a lawful use or a legal nonconforming
16use under any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23
17(7) on the effective date of this subsection .... [revisor inserts date].
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