AB282: Bill Text

AB282, s. 4 Section 4. 23.56 (1) of the statutes is amended to read:

AB282,3,22 23.56 (1) A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) , 29.602 (2) (b) or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

AB282, s. 5 Section 5. 23.57 (1) (intro.) of the statutes is amended to read:

AB282,4,4 23.57 (1) (intro.) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 29.602 (2) (b) or 30.77; and:

AB282, s. 6 Section 6. 23.58 of the statutes is amended to read:

AB282,4,17 23.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 29.602 (2) (b) or 30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

AB282, s. 7 Section 7. 23.62 (1) (intro.) of the statutes is amended to read:

AB282,4,25 23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 29.602 (2) (b) or 30.77, the officer may proceed in the following manner:

AB282, s. 8 Section 8. 29.03 (5) of the statutes is amended to read:

AB282,5,4 29.03 (5) Any unlicensed or illegal trap, snare, spring gun, set gun, net or other device or contrivance which might entrap, ensnare, or kill game; or any trap without a metal tag attached as required by law.

AB282, s. 9 Section 9. 29.59 (1) (eg) of the statutes is created to read:

AB282,5,6 29.59 (1) (eg) "Snare" has the meaning given in s. 29.602 (1) (b).

AB282, s. 10 Section 10. 29.59 (1) (er) of the statutes is created to read:

AB282,5,8 29.59 (1) (er) "Steel jaw trap" has the meaning given in s. 29.602 (1) (c).

AB282, s. 11 Section 11. 29.59 (4g) of the statutes is created to read:

AB282,5,13 29.59 (4g) Use of steel jaw traps and snares. (a) The department may use or authorize the use of a steel jaw trap or a snare to remove a wild animal that is causing damage or that is causing a nuisance in a city or village upon the request of the chief executive officer of the city or village.

AB282,5,16 (b) The department shall establish the period of time that the steel jaw trap or snare may be used. The period of time may not exceed 45 days, except that the department may grant an extension to the original period of time of up to 15 days.

AB282, s. 12 Section 12. 29.602 of the statutes is created to read:

AB282,5,18 29.602 Steel jaw traps and snares. (1) Definitions. In this section:

AB282,5,19 (a) "Highway" has the meaning given in s. 340.01 (22).

AB282,5,20 (b) "Snare" means a trap that consists of a noose that entangles an animal.

AB282,5,22 (c) "Steel jaw trap" means a spring-powered device or trap that captures or holds an animal by exerting a lateral force within its fix-mounted jaws.

AB282,5,25 (2) Restrictions on use. (a) Traps in cities and villages. No person may set, operate or otherwise use a steel jaw trap or a snare in a city or village unless its use has been authorized under s. 29.59 (4g).

AB282,6,2 (b) Traps in unincorporated areas. 1. Subject to subd. 2., a person may set, operate or otherwise use a steel jaw trap or a snare in a town.

AB282,6,4 2. A town board may enact and enforce ordinances prohibiting or otherwise regulating the use of steel jaw traps and snares.

AB282,6,6 (c) Traps along highways. No person may set, operate or otherwise use a steel jaw trap or a snare along the right-of-way of a highway under any circumstances.

AB282,6,9 (d) Posting requirements. 1. No person may set, operate or otherwise use a steel jaw trap or snare unless the person places a warning sign at the site of the steel jaw trap or snare.

AB282,6,11 2. The department shall promulgate rules establishing specifications for the warning signs required under subd. 1.

AB282,6,14 (3) Restrictions on sale. No person may sell a steel jaw trap unless the purchaser presents to the seller at the time of the sale an approval issued to the purchaser that authorizes the use of the type of trap being sold.

AB282, s. 13 Section 13. 29.99 (2m) of the statutes is created to read:

AB282,6,19 29.99 (2m) For a violation of s. 29.602 (2) (a), by a fine of not more than $1,000 or imprisonment for not more than 6 months or both. Each setting, operation or other use of a steel jaw trap or a snare in violation of s. 29.602 (2) (a) constitutes a separate violation.

AB282,6,20 (End)