167.10 Annotation
Sub. (4) allows sales to purchasers physically outside of the state's boundaries but does not permit sales within the state's boundaries to nonresidents. Sub. (4) permits the purchase of restricted fireworks within the state only by purchasers with a permit or who fit within a specified exception under sub. (2). State v. Victory Fireworks, Inc.
230 Wis. 2d 721,
602 N.W.2d 128 (Ct. App. 1999).
167.11
167.11
Hazardous substances. 167.11(1)
(1) No person shall sell, offer for sale or otherwise distribute any package of a substance which when mixed with organic matter will cause spontaneous combustion under reasonably anticipated conditions of use or handling unless the package bears a label clearly warning that the substance will create a fire hazard when so mixed.
167.11(2)
(2) The department of commerce shall, by rule, set forth the nature of such warning and shall enforce this section.
167.11(3)
(3) Any person violating this section may be fined not less than $25 nor more than $100 for each offense.
167.11 History
History: 1995 a. 27, ss.
4470 and
9116 (5).
167.12
167.12
Safety appliances. Any person, firm, or corporation who shall sell, offer or expose for sale, or use any machine to be operated by steam, or other power, for the purpose of husking or shredding corn or corn stalks shall provide such machine with safety or automatic feeding devices for the protection from accident by the snapping rollers, husking rollers, and shredding knives of any person using or operating such machine in the discharge of their duty, and such machine shall be so guarded that the person feeding said machine shall be compelled to stand at a safe distance from the snapping rollers; and any person, firm, or corporation operating such machine shall maintain thereon such safety or automatic feeding devices. The duty to equip such machine with safety or automatic feeding devices, as well as the duty to maintain the same, shall be absolute; and the exercise of ordinary care on the part of such person, firm, or corporation operating such machine shall not be deemed a compliance with such duty; and in case any person in the employ of such person, firm, or corporation operating such machine continues in such employment when such device has not been installed and maintained, as above provided, such employee shall not be deemed guilty of a want of ordinary care, on account of so continuing in such employment.
167.13
167.13
Operation. No person, firm or corporation shall use, operate or permit to be used or operated any such machine purchased prior to June 12, 1909, unless during all the time such machine shall be used and operated it shall be in charge of a competent person whose sole duty shall be to oversee and attend to the operation and use of the same; nor use, operate or permit to be used or operated any such machine whatever while the safety devices or guards are detached.
167.14
167.14
Sale regulated. No such machine shall be sold or offered or exposed for sale unless the said machine shall have plainly marked upon it the name and location of the person, firm or corporation manufacturing the same.
167.151
167.151
Unlawful operation of corn shredders. Any person, firm or corporation who shall violate any of the provisions of
ss. 167.12 to
167.14 shall be punished by a fine of not less than $25 or more than $100 for each offense.
167.18
167.18
Threshing machine joints to be covered. Any person owning or running any threshing machine in this state so constructed that any joint, knuckle or jack thereof is dangerously exposed, who shall neglect to cover or secure the same in some suitable manner so as to prevent injury to persons passing over or near the same, shall be punished by fine not exceeding $50 nor less than $2.
167.19
167.19
Farm machinery storage. 167.19(1)
(1) Retail dealer's buildings for the storage of farm tractors, trucks and motorized farm machinery may be metal covered, pole type or frame and if other than metal or concrete covered shall not be closer than 30 feet to any other building. If the building is more than 50 feet in length it shall have more than one door.
167.19(2)
(2) Motor fuel and storage batteries must be removed from units stored in such buildings, and any repairing or overhauling of the units in such buildings is prohibited.
167.20
167.20
Stairway guards. 167.20(1)(1) The owner of any building or other structure which has an open stairway or area way leading to or abutting upon any sidewalk, and the owner of any real estate adjacent to or abutting upon any sidewalk and which is lower than such sidewalk, shall sufficiently guard such stairway or area way or property as to prevent accidents.
167.20(2)
(2) Any person who violates this section shall be fined not less than $25 nor more than $100 or imprisoned for not less than 30 days nor more than 6 months. Each day during which a violation of this section continues shall be considered a separate offense.
167.20 History
History: 1997 a. 254.
167.22
167.22
Cigars not to be manufactured in basements. No shop or place wherein cigars are manufactured shall be located below the ground floor.
167.25
167.25
Refrigerators and iceboxes. 167.25(1)
(1) Any person who discards or abandons any refrigerator, icebox or deep freeze locker, having a capacity of 1 1/2 cubic feet or more, which is no longer in use, and which has not had the door removed, or such portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. Any owner, lessee or manager who knowingly permits such a refrigerator, icebox or deep freeze locker to remain on premises under his or her control without having the door removed or such portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor. Any person violating this section shall be fined not more than $50 or imprisoned not more than 30 days or both.
167.25(2)
(2) Guilt of a violation of this section shall not, in itself, render one guilty of manslaughter, battery or other crime against a person who may suffer death or injury from entrapment in such refrigerator, icebox or deep freeze locker.
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)(bg)
(bg) "Family member of the landowner" means a person who is related to the landowner as a parent, child, spouse, or sibling.
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(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),
(bg),
(cg),
(e), and
(g), 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)(am)1.1. Subsections (2) (a),
(c) and
(d) and
(3) (a) and
(b) do not apply to a peace officer who, in the line of duty, loads or discharges a firearm in, on or from a vehicle, motorboat or aircraft or discharges a firearm from or across a highway or within 50 feet of the center of a roadway.
167.31(4)(am)2.
2. Subsection (2) (b) does not apply to a peace officer who places, possesses or transports a firearm in or on a vehicle, motorboat or aircraft while in the line of duty.
167.31(4)(am)3.
3. Subsection (2) (b) does not apply to a person employed as a peace officer who places, possesses or transports a firearm in or on a vehicle while traveling in the vehicle from his or her residence to his or her place of employment as a peace officer.
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 research license under
s. 169.25 or 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 license or permit was issued.
