167.25 History
History: 1993 a. 482.
167.26
167.26
Leaving unguarded ice holes. 167.26(1)
(1) Except as provided in
sub. (1m), any person who removes ice or causes its removal from any stream, pond or lake shall place around the margin of the opening made by such removal a fence, by setting posts of not less than 2 by 4 in size with any of the following fencings:
167.26(1)(a)
(a) A fence board attached not less than 3 1/2 feet above the surface of the ice on the stream, pond or lake.
167.26(1)(b)
(b) Colored plastic construction roll fencing attached to the posts.
167.26(1m)
(1m) Instead of the requirements under
sub. (1), any person who removes ice or causes its removal from Lake Butte des Morts, Lake Poygan, Lake Winnebago or Lake Winneconne for the spearing of sturgeon may mark the opening made by the removal without using fencing if the person uses at least 2 strips of wood that protrude at least 3 feet above the surface of the ice. The strips of wood may not exceed approximately 1.5 inches in width and approximately 0.25 inch in thickness.
167.26(2)
(2) Any person creating ice holes by aeration of water may, in lieu of the requirements of
sub. (1), erect and maintain a barricade around such holes consisting of uprights spaced every 25 feet or less, connected by a continuous rope, cord or similar material placed 3 1/2 feet off the surface of the ice. The connecting rope, cord or similar material shall have reflectorized ribbon or tape or other reflectorized devices attached to it, so as to be highly visible, and shall be of sufficient strength to permit retrieval of the barricade following melting of the ice. Any person erecting such barricade shall remove the barricade and all parts thereof from the ice or water immediately after the ice has melted.
167.26(3)
(3) Persons barricading or marking ice holes in the manner specified in this section shall not be liable for damages suffered by persons who enter the barricaded or marked area.
167.26(4)
(4) This section shall not apply to ice holes caused by hydroelectric dams or by air bubbler systems installed by the corps of engineers for navigational purposes.
167.26(5)
(5) This section shall apply to all navigable or public waters of the state.
167.26(6)
(6) Persons violating this section shall be imprisoned for not more than 6 months or fined not more than $100.
167.27
167.27
Capping and filling wells or similar structures. 167.27(1)(1) This section applies only to counties of a population of 500,000 or more.
167.27(2)
(2) The owner of any real estate shall securely protect any well, seepage pit, cistern, cesspool, septic tank, or other similar structures in active use with a cover of concrete, metal or wood covered with sheet metal, securely fastened and of sufficient weight so it cannot be removed by small children and so as to make it free from danger to persons going upon such real estate.
167.27(3)
(3) Whenever any shallow dug well, seepage pit, cistern, cesspool or septic tank is abandoned or its use discontinued, the owner of the real estate upon which it is located shall promptly fill the same to grade.
167.27(4)
(4) Whenever any drilled, bored or deep dug well, except test wells of 10 inches or less in diameter, is abandoned or its use discontinued, the owner of the real estate upon which it is located shall promptly fill the same, either with alternate layers of sand or clay and concrete, and seal with a concrete cover at least 5 inches thick, or in accordance with recommendations of the department of health and family services.
167.27(5)
(5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of commerce or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of commerce or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.
167.27(6)
(6) Existing abandoned mine shafts, exploration shafts or test wells shall be securely protected by owner of the real estate upon which it is located.
167.27(7)
(7) Any person violating this section shall be fined not less than $10 nor more than $200 or imprisoned not exceeding 6 months, or both.
167.27(8)
(8) Any violation of this section coming to the attention of the department of commerce or municipal authorities shall be reported to the attorney general or district attorney for prosecution.
167.30
167.30
Use of firearms, etc., near park, etc. Any person who shall discharge or cause the discharge of any missile from any firearm, slung shot, bow and arrow or other weapon, within 40 rods of any public park, square or enclosure owned or controlled by any municipality within this state and resorted to for recreation or pleasure, when such park, square or enclosure is wholly situated without the limits of such municipality, shall be punished by imprisonment in the county jail not exceeding 60 days or by fine of not more than $25 nor less than one dollar.
167.31
167.31
Safe use and transportation of firearms and bows. 167.31(1)(b)
(b) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
167.31(1)(c)
(c) "Firearm" means a weapon that acts by force of gunpowder.
167.31(1)(fm)
(fm) "Street" means a highway that is within the corporate limits of a city or village.
167.31(1)(g)1.
1. Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
167.31(1)(g)2.
2. In the case of a cap lock muzzle-loading firearm, having the cap removed.
167.31(1)(g)3.
3. In the case of a flint lock muzzle-loading firearm, having the flashpan cleaned of powder.
167.31(1)(h)
(h) "Vehicle" has the meaning given under
s. 340.01 (74), and includes a snowmobile, as defined under
s. 340.01 (58a), except that for purposes of
subs. (4) (c) and
(cg) and
(4m) "vehicle" has the meaning given for "motor vehicle" in s.29.001 (57).
167.31(2)
(2) Prohibitions; motorboats and vehicles; highways and roadways. 167.31(2)(a)(a) Except as provided in
sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
167.31(2)(b)
(b) Except as provided in
sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
167.31(2)(c)
(c) Except as provided in
sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
167.31(2)(d)
(d) Except as provided in
sub. (4) (a),
(cg) and
(e), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.
167.31(2)(e)
(e) A person who violates
pars. (a) to
(d) is subject to a forfeiture of not more than $100.
167.31(3)(a)(a) Except as provided in
sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on an aircraft, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
167.31(3)(b)
(b) Except as provided in
sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from an aircraft.
167.31(3)(c)
(c) A person who violates
par. (a) or
(b) shall be fined not more than $1,000 or imprisoned not more than 90 days or both.
167.31(4)(a)(a) Subsections (2) and
(3) do not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
167.31(4)(a)4.b.
b. He or she holds a certificate of proficiency to carry a firearm issued by the department of regulation and licensing.
167.31(4)(a)4.c.
c. He or she is performing his or her assigned duties or responsibilities.
167.31(4)(a)4.d.
d. He or she is wearing a uniform that clearly identifies him or her as a private security person.
167.31(4)(a)4.e.
e. His or her firearm is in plain view, as defined by rule by the department of regulation and licensing.
167.31(4)(b)
(b) Subsections (2) (a),
(b) and
(c) and
(3) (a) and
(b) do not apply to the holder of a scientific collector permit under
s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.
167.31(4)(bn)
(bn) Subsection (2) (a) does not apply to a person using a bow or a crossbow for fishing from a motorboat.
167.31(4)(c)
(c) Subsection (2) (b) and
(c) does not apply to the holder of a Class A or Class B permit under
s. 29.193 (2) who is hunting from a stationary vehicle.
167.31 Note
NOTE: Par. (c) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
167.31(4)(cg)
(cg) A holder of a Class A or Class B permit under
s. 29.193 (2) who is hunting from a stationary vehicle may load and discharge a firearm or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of the following apply:
167.31 Note
NOTE: Par. (cg) (intro.) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
167.31(4)(cg)1.
1. The roadway is part of a county highway, a town highway or any other highway that is not part of a street or of a state trunk or federal highway.
167.31(4)(cg)2.
2. The vehicle is located off the roadway and is not in violation of any prohibition or restriction that applies to the parking, stopping or standing of the vehicle under
ss. 346.51 to
346.55 or under a regulation enacted under
s. 349.06 or
349.13.
167.31(4)(cg)3.
3. The holder of the permit is not hunting game to fill the tag of another person.
167.31(4)(cg)4.
4. The holder of the permit has obtained permission from any person who is the owner or lessee of private property across or on to which the holder of the permit intends to discharge a firearm or shoot a bolt or an arrow.
167.31(4)(cg)5.
5. The vehicle bears special registration plates issued under
s. 341.14 (1),
(1a),
(1e),
(1m) or
(1r) or displays a sign that is at least 11 inches square on which is conspicuously written "disabled hunter".
167.31(4)(cg)6.
6. The holder of the permit discharges the firearm or shoots the bolt or arrow away from and not across or parallel to the roadway.
167.31(4)(cm)
(cm) For purposes of
pars. (c) and
(cg), the exemption from
sub. (2) (b) under these paragraphs only applies to the firearm, bow or crossbow being used for hunting by the holder of the Class A or Class B permit under
s. 29.193 (2).
167.31 Note
NOTE: Par. (cm) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
167.31(4)(co)
(co) For purposes of
par. (cg), a person may stop a vehicle off the roadway on the left side of the highway.
167.31(4)(cr)
(cr) For purposes of
par. (cg) 4., "private property" does not include property leased for hunting by the public, land that is subject to a contract under
subch. I of ch. 77, or land that is subject to an order designating it as managed forest land under
subch. VI of ch. 77 and that is not designated as closed to the public under
s. 77.83 (1).
167.31(4)(d)
(d) Subsection (2) (b) does not prohibit a person from leaning an unloaded firearm against a vehicle.
167.31(4)(e)
(e) Subsection (2) (d) does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun loaded with shotshell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.
167.31(4)(f)
(f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm within 50 feet of the center of a roadway if the person does not violate
sub. (2) (b) or
(c).
167.31(4m)
(4m) Rules. The department of natural resources may further restrict hunting from stationary vehicles on county or town highways by promulgating rules designating certain county and town highways, or portions thereof, upon which a holder of a Class A or Class B permit issued under
s. 29.193 (2) may not discharge a firearm or shoot a bolt or an arrow from a bow or crossbow under
sub. (4) (cg). For each restriction of hunting from a county or town highway contained in a rule to be promulgated under this subsection, the department shall submit a specific justification for the restriction with the rule submitted to legislative council staff for review under
s. 227.15 (1).
167.31 Note
NOTE: Sub. (4m) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
167.31(5)(a)(a) If a court imposes a fine or forfeiture for a violation of this section, the court shall also impose a weapons assessment equal to 75% of the amount of the fine or forfeiture.
167.31(5)(b)
(b) If a fine or forfeiture is suspended in whole or in part, the weapons assessment shall be reduced in proportion to the suspension.
167.31(5)(c)
(c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the weapons assessment under this subsection. If the deposit is forfeited, the amount of the weapons assessment shall be transmitted to the state treasurer under
par. (d). If the deposit is returned, the amount of the weapons assessment shall also be returned.
167.31(5)(d)
(d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons assessment as required under
s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in
s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under
s. 20.370 (3) (mu).
167.32
167.32
Safety at sporting events. 167.32(1)(a)
(a) "Alcohol beverages" means fermented malt beverages and intoxicating liquor.
