350.108 History
History: 1987 a. 399.
350.11(1)(a)(a) Except as provided in
par. (b) and
subs. (2m) and
(3), any person who violates any provision of this chapter shall forfeit not more than $250.
350.11(1)(b)
(b) Except as provided in
subs. (2m) and
(3), any person who violates any provision of this chapter and who, within the last 3 years prior to the conviction for the current violation, was 2 or more times previously convicted for violating the same provision of this chapter shall forfeit not more than $500.
350.11(2m)
(2m) Any person who violates
s. 350.135 (1) shall be fined not more than $10,000 or imprisoned for not more than 2 years or both if the violation causes the death or injury, as defined in
s. 30.67 (3) (b), of another person.
350.11(3)(a)(a) Penalties related to prohibited operation of a snowmobile; intoxicants; refusal. 350.11(3)(a)2.
2. Except as provided under
subd. 3., a person who violates
s. 350.101 (1) (a) or
(b) or
350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated snowmobiling law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
350.11(3)(a)3.
3. A person who violates
s. 350.101 (1) (a) or
(b) or
350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated snowmobiling 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.
350.11(3)(b)
(b)
Penalties related to failure to stop; and for causing injury while under influence of intoxicants. A person who violates
s. 350.101 (2) or
350.17 (2) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail.
350.11(3)(bm)
(bm)
Sentence of detention. The legislature intends that courts use the sentencing option under
s. 973.03 (4) whenever appropriate for persons subject to
par. (a) 2. or
3. or
(b). The use of this option can result in significant cost savings for the state and local governments.
350.11(3)(c)
(c)
Calculation of previous convictions. In determining the number of previous convictions under
par. (a) 2. and
3., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
350.11(3)(cm)
(cm)
Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated snowmobiling 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.
350.11(3)(d)
(d) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates
s. 350.101 (1) or
(2) or
350.104 (5) or who violates
s. 940.09 or
940.25 if the violation involves the operation of a snowmobile, 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.
350.11(4)
(4) In addition to the penalties under this section, the court may order the defendant to restore or replace any uniform snowmobile trail sign or standard that the defendant removed, damaged, defaced, moved or obstructed.
350.11 Cross-reference
Cross-reference: See s.
23.50 concerning enforcement procedures.
350.115
350.115
Snowmobile registration restitution payments. 350.115(1)(1)
Levy of snowmobile registration restitution payment. 350.115(1)(a)(a) If a court imposes a forfeiture for a violation of a provision of this chapter where the payment of a registration fee is required, the court shall impose a snowmobile registration restitution payment equal to the amount of the fee that was required and should have been obtained.
350.115(1)(b)
(b) If a forfeiture is suspended in whole or in part, the snowmobile registration restitution payment shall be reduced in proportion to the suspension unless the court directs otherwise.
350.115(1)(c)
(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the snowmobile registration restitution payment prescribed in this section. If the deposit is forfeited, the amount of the snowmobile registration restitution payment shall be transmitted to the state treasurer under
par. (d). If the deposit is returned, the snowmobile registration restitution payment shall also be returned.
350.115(1)(d)
(d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution payment and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2.
350.115(2)
(2) Use of snowmobile registration restitution payment funds. All moneys collected from snowmobile registration restitution payments shall be deposited in the conservation fund.
350.115 History
History: 1991 a. 39;
1995 a. 201.
350.12
350.12
Registration of snowmobiles. 350.12(1)
(1)
Registration requirement. After January 1, 1970, no person shall operate, and no owner shall give permission for the operation of any snowmobile within this state unless the operation of the snowmobile complies with
sub. (3) (a) (intro.) or
(5) (cm) or is exempt from registration. No political subdivision shall have authority to register or license snowmobiles.
350.12(2)
(2) Exemption. A snowmobile is exempt from registration if it is one of the following:
350.12(2)(a)
(a) Owned by the United States, another state or a political subdivision thereof, but such snowmobiles shall display the name of the owner on the cowling thereof.
350.12(2)(b)
(b) Covered by a valid registration in another state, province or country, provided there is some identification of registration displayed on the snowmobile and it has not been in this state for more than 15 consecutive days.
350.12(2)(bm)
(bm) Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply:
350.12(2)(bm)1.
1. The registration program of the tribe or band is covered by an agreement under
s. 23.35.
350.12(2)(bm)2.
2. The snowmobile displays the registration decal required by the tribe or band.
350.12(2)(bm)3.
3. The snowmobile has not been, for more than 15 consecutive days, in that portion of this state that is outside the boundaries of the reservation where it is registered.
350.12(2)(bn)
(bn) In the registration application process in another state, province or country, if proof of the application for registration is carried on the operator and the snowmobile has not been in this state for more than 15 consecutive days.
350.12(2)(c)
(c) Used exclusively for racing on a raceway facility.
350.12(3)
(3) Applications, issuances, renewals, fees. 350.12(3)(a)(a) Except as provided under
subs. (2) and
(5) (cm), no person may operate and no owner may give permission for the operation of any snowmobile within this state unless the snowmobile is registered for public use or private use under this paragraph or as an antique under
par. (b) and has the registration decals displayed as required by
sub. (5) or unless the snowmobile has a reflectorized plate attached as required under
par. (c) 3. A snowmobile that is not registered as an antique under
par. (b) may be registered for public use. A snowmobile that is not registered as an antique under
par. (b) and that is used exclusively on private property, as defined under
s. 23.33 (1) (n), may be registered for private use. A snowmobile public-use registration certificate is valid for 2 years beginning the July 1 prior to the date of application if registration is made prior to April 1 and beginning the July 1 subsequent to the date of application if registration is made after April 1 and ending on June 30, 2 years thereafter. A snowmobile private-use registration certificate is valid from the date of issuance until ownership of the snowmobile is transferred. The fee for the issuance or renewal of a public-use registration certificate is $20 except the fee is $5 if it is a snowmobile owned and operated by a political subdivision of this state. There is no fee for the issuance of a private-use registration certificate or for the issuance of a registration certificate to the state.
350.12(3)(a)2.
2. Upon transfer of ownership of a snowmobile for which a registration certificate has been issued, the seller shall, at time of sale, deliver the assigned certificate to the purchaser.
350.12(3)(a)3.
3. The purchaser shall complete the application for transfer and cause it to be mailed or delivered to the department within 10 days from the date of purchase. A fee of $5 shall be paid for transfer of a current registration certificate.
350.12(3)(a)4.
4. Whenever a snowmobile is junked, the owner shall return the certificate of registration to the department marked "junked".
350.12(3)(b)
(b) Any person who is a resident of this state and the owner of a snowmobile which has a model year of 1966 or earlier may, upon application, register the snowmobile as an antique snowmobile. Upon payment of a fee of $20, the applicant shall be furnished a registration certificate and decals of a distinctive design, in lieu of the design on the decals issued under
par. (d). The design shall show that the snowmobile is an antique. The registration shall be valid without payment of any additional registration fee while the snowmobile is owned by the applicant. Unless inconsistent with this paragraph, the provisions of this chapter applicable to other snowmobiles shall apply to antique snowmobiles.
350.12(3)(c)1.1. Every person who is a snowmobile manufacturer, snowmobile dealer, snowmobile distributor or snowmobile renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial snowmobile certificate.
350.12(3)(c)2.
2. The fee for issuing or renewing a commercial snowmobile certificate is $60. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial snowmobile certificate and 3 reflectorized plates. The fee for additional reflectorized plates is $20 per plate.
350.12(3)(c)3.
3. A person who is required to obtain a commercial snowmobile certificate under
subd. 1. shall attach in a clearly visible place a reflectorized plate to any snowmobile that is not registered for public use and that the person leases, rents, offers for sale or otherwise allows to be used whenever the snowmobile is being operated.
350.12(3)(c)4.
4. The period of validity for a commercial snowmobile certificate is 2 years, to be calculated in the same manner as is the period of validity for a public-use registration certificate under
par. (a).
350.12(3)(d)
(d) Upon receipt of the required fee, a sales tax report, payment of sales and use taxes due under
s. 77.61 (1) and an application on forms prescribed by it, the department shall issue to the applicant a registration certificate stating the registration number, the name and address of the owner, and other information the department deems necessary. The department shall issue 2 registration decals per snowmobile owned by an individual owner, this state or a political subdivision of this state. The decals shall be no larger than 3 inches in height and 6 inches in width. The decals shall contain reference to the state, the department, whether the snowmobile is registered for public use or private use under
par. (a), or as an antique under
par. (b), and shall show the expiration date of the registration.
350.12(3)(e)
(e) If a commercial snowmobile certificate, registration certificate, registration decal or reflectorized plate is lost or destroyed, the holder of the certificate, decal or plate may apply for a duplicate on forms provided for by the department accompanied by a fee of $5. Upon receipt of a proper application and the required fee, the department shall issue a duplicate certificate, decal or plate to the applicant.
350.12(3g)
(3g) Registration of certain snowmobiles. 350.12(3g)(a)(a) Registration certificates issued to persons under s.
350.12 (3) (c) (intro.), 1989 stats., before August 15, 1991, shall remain valid until their expiration dates.
350.12(3g)(b)
(b) A snowmobile put into use by a snowmobile renter before August 15, 1991, shall be subject to the requirements that are applicable under s.
350.12 (3) (c) (intro.) and
5., 1989 stats., s.
350.12 (3) (d), 1989 stats., s.
350.12 (3) (dm), 1989 stats., and s.
350.12 (5) (b), 1989 stats., and is exempt from the requirement under
sub. (3) (c) 3. until the expiration date of the snowmobile registration.
350.12(3m)(a)(a)
Deposited in the conservation fund. All moneys collected under this section shall be deposited in the conservation fund and credited to the snowmobile account established under
s. 25.29 (1m).
350.12(3m)(d)
(d)
Estimate. On July 1 of each even-numbered year, the department shall estimate as accurately as possible the total registration receipts for a 2-year period and adjust the estimate periodically to reflect actual receipts.
350.12(4)(a)2m.
2m. The costs incurred by coroners or medical examiners in the submission of reports and blood specimens and by laboratories in the analysis of blood specimens under
s. 350.155;
350.12(4)(a)3.
3. The cost of a snowmobile safety and accident reporting program in the sum of $80,000 annually;
350.12(4)(a)4.
4. An amount necessary to pay the cost of law enforcement aids to counties as appropriated under
s. 20.370 (5) (es). On or before June 1, a county shall file with the department on forms prescribed by the department a detailed statement of the costs incurred by the county in the enforcement of this chapter during the preceding May 1 to April 30. The department shall audit the statements and determine the county's net costs for enforcement of this chapter. The department shall compute the state aids on the basis of 100% of these net costs and shall pay these aids on or before October 1. If the state aids payable to counties exceed the moneys available for such purpose, the department shall prorate the payments.
350.12(4)(am)
(am)
Enforcement aids to department. Beginning with fiscal year 1993-94, of the amounts appropriated under
s. 20.370 (3) (aq), the department shall allocate $26,000 in each fiscal year to be used exclusively for the purchase of snowmobiles or trailers to carry snowmobiles, or both, to be used in state law enforcement efforts.
350.12(4)(b)
(b)
Trail aids and related costs. The moneys appropriated under
s. 20.370 (1) (mq) and
(5) (cr) and
(cs) shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and distributed as follows:
350.12(4)(b)1.
1. State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $200 per mile per year maximum, except as provided in
pars. (bg) to
(br). Qualifying trails are trails approved by the board as snowmobile trails. State aid for development may equal 100% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% upon completion of the project. A county application may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the board.
350.12(4)(b)2.
2. Not more than $15,000 annually for a cooperative sign program with snowmobile clubs for club snowmobile trails open to the public and meeting minimum trail construction standards. Clubs may apply to the department for free signs on forms prescribed by the department and submit required documentation as prescribed by departmental rule on or before April 15 of each year.
350.12(4)(b)3.
3. Not more than $30,000 for a route signing program of aids to cities, villages, towns or counties of up to 100% of the cost of initial signing of snowmobile routes which connect authorized trails or which offer entrance to or exit from trails leading to such municipalities. Aid may be provided under this subdivision to cities, villages, towns and counties for up to 100% of the cost of placing signs developed under
s. 350.108 (1) (b) which briefly explain the intoxicated snowmobiling law along snowmobile routes. Applications and documentation shall be submitted to the department by April 15 of each year on forms prescribed by departmental rule.
350.12(4)(b)4.
4. For the maintenance, rehabilitation and development of snowmobile trails and areas on state lands and for major rehabilitation of snowmobile bridges, 100% of the actual cost for development and rehabilitation and 100% of the actual cost of maintaining the trails per year up to the per mile per year maximum specified under
subd. 1. Qualifying trails are those approved by the board. Trail routes, sizes and specifications shall be prescribed only by the board.
350.12(4)(bc)2.
2. The acquisition of interests in land by lease, easement, permit, or other agreement if the term of the acquisition is for a period of 3 years or longer.
350.12(4)(be)
(be)
Maintenance costs. In addition to paying for trail maintenance costs, payments received for maintenance under
par. (b) 1. or
4.,
par. (bg) or
(bm) may be used for any of the following:
350.12(4)(be)2.
2. The acquisition of interests in land, by lease, easement, permit or other agreement if the term of the acquisition is for a period of less than 3 years.
350.12(4)(bg)
(bg)
Supplemental trail aid payments. Of the moneys appropriated under
s. 20.370 (5) (cs), the department shall make available in fiscal year 1992-93 and each fiscal year thereafter an amount equal to the amount calculated under
s. 25.29 (1) (d) 2. to make payments to the department or a county under
par. (bm) for trail maintenance costs incurred in the previous fiscal year that exceed the maximum specified under
par. (b) 1. before expending any of the amount for the other purposes specified in
par. (b).
350.12(4)(bm)
(bm)
Supplemental trail aid payments; eligibility. A county or the department shall be eligible for payments under
par. (bg) if it applies for the aid and if all of the following apply:
350.12(4)(bm)1.
1. The actual cost incurred by the department or the county in maintaining its trails that are qualified under
par. (b) 1. or
4. in the previous fiscal year exceeds the maximum of $200 per mile per year under
par. (b) 1.
350.12(4)(bm)2.
2. Of the actual cost incurred by the department or the county in maintaining its trails that are qualified under
par. (b) 1. or
4. for the fiscal year applicable under
subd. 1., the actual cost incurred in grooming the trails exceeds a maximum of $130 per mile per year.
350.12(4)(br)
(br)
Supplemental trail aid payments; insufficient funding. If the aid that is payable to counties and to the department under
par. (bm) exceeds the moneys available under
par. (bg), the department may prorate the payments or may request the joint committee on finance to take action under
s. 13.101. The requirement of a finding of emergency under
s. 13.101 (3) (a) 1. does not apply to such a request.
350.12(4)(c)
(c)
Lapses. Any moneys appropriated under
s. 20.370 (1) (mq),
(3) (aq),
(5) (mw) or
(8) (dq) that lapse at the end of the fiscal year or that lapse after the end of the fiscal year because of the liquidation of an encumbrance shall revert to the snowmobile account in the conservation fund.
350.12(5)
(5) Registration decals to be displayed. 350.12(5)(a)(a) The owner of the snowmobile shall attach the registration decals to the snowmobile in a prominent place, and shall maintain the registration decals in a legible condition at all times. Decals shall be not larger than 3 inches in height and 6 inches in width. Registration decals are to be applied on both sides of the cowling of the snowmobile.
350.12(5)(b)
(b) The registration certificate or, for owners who purchased a snowmobile and who have received an approved application for registration receipt validated by the department but who have not yet received the registration certificate, the approved application for registration receipt shall be in the possession of the user of the snowmobile at all times.
350.12(5)(c)
(c) The registration certificate or, for owners who purchased a snowmobile and who have received an approved application for registration receipt validated by the department but who have not yet received the registration certificate, the approved application for registration receipt shall be exhibited, upon demand, by the user of the snowmobile for inspection by any person authorized to enforce this section as provided under
s. 350.17 (1) and
(3).
350.12(5)(cm)
(cm) A person may operate a snowmobile without having the registration decals displayed as provided under
par. (a) if the owner has received an approved application for registration receipt validated by the department and if the user of the snowmobile complies with
pars. (b) and
(c).
