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(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(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), or
(1m) 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(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(4)(g)
(g) A person who is fishing with a bow and arrow may shoot an arrow from a bow, and a person who is fishing with a crossbow may shoot a bolt from a crossbow, within 50 feet of the center of a roadway if the person does not shoot the arrow or bolt from the roadway or across a highway.
167.31(4)(h)
(h) Subsection (3m) does not apply to any of the following who discharge a firearm in the direction of a transmission facility:
167.31(4)(i)
(i) Subsection (2) (b) and
(c) does not apply to a person legally hunting from a stationary nonmotorized vehicle that is not attached to a motor vehicle.
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(5)(a)(a) If a court imposes a fine or forfeiture for a violation of this section, the court shall also impose a weapons surcharge under
ch. 814 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 surcharge 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 surcharge under this subsection. If the deposit is forfeited, the amount of the weapons surcharge shall be transmitted to the secretary of administration under
par. (d). If the deposit is returned, the amount of the weapons surcharge 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 surcharge as required under
s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration as provided in
s. 59.25 (3) (f) 2. The secretary of administration shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under
s. 20.370 (3) (mu).
167.31 History
History: 1985 a. 36;
1987 a. 27,
353;
1991 a. 77;
1993 a. 147;
1995 a. 122,
201;
1997 a. 248,
249;
1999 a. 32,
158;
2001 a. 8,
56,
90,
108;
2003 a. 33,
139,
326;
2005 a. 169,
253,
286,
345;
2007 a. 97;
2009 a. 246;
2011 a. 32,
35,
51,
180,
265.
167.31 Cross-reference
Cross-reference: See also ss.
NR 10.001,
10.05, and
10.07, Wis. adm. code.
167.32
167.32
Safety at sporting events. 167.32(1)(a)
(a) "Alcohol beverages" means fermented malt beverages and intoxicating liquor.
167.32(1)(e)
(e) "Passing" includes pushing, pulling, throwing and moving.
167.32(1)(f)
(f) "Sports facility" means a facility where sporting events are held, regardless of whether that is the exclusive use of the facility.
167.32(2)(a)(a) A spectator at a sporting event at a sports facility shall not participate in the process of passing another person above the floor or ground from one location to another.
167.32(2)(b)
(b) Paragraph (a) does not apply to the act of a person moving another person in order to render first aid or otherwise assist or care for that other person.
167.32(3)
(3) Object passing. A spectator at a sporting event at a sports facility shall not participate in the process of passing bleachers, seats or other objects in a manner which threatens the safety of other persons.
167.32(4)(a)(a) A spectator shall not bring alcohol beverages into a sports facility where there is a sporting event at the sports facility.
167.32(4)(b)
(b) A spectator shall not possess or consume alcohol beverages at a sporting event at a sports facility if the alcohol beverages were brought to the facility as specified in
par. (a).
167.32(4)(c)
(c) This subsection does not apply to any vendor or other person who brings alcohol beverages into a sports facility with the authorization of the person in charge of the facility.
167.32(6)
(6) Citation procedure. The state may use the citation procedures under
s. 778.25 to enforce this section. A county or municipality may use the citation procedures under
s. 778.25 to enforce a local ordinance strictly conforming to this section.
167.32 History
History: 1985 a. 254.
167.33(1)(a)1.
1. With respect to a partnership, each partner thereof.
167.33(1)(a)2.
2. With respect to a limited liability company, each member thereof.
167.33(1)(a)3.
3. With respect to a corporation, each officer, director, principal stockholder, and controlling member thereof.
167.33(1)(b)
(b) "Competition" means any event authorized by a ski area operator, or by an agent of a ski area operator, that involves a comparison of skills used in one or more snow sports. "Competition" includes training sessions for such an event.
167.33(1)(c)
(c) "Freestyle features" means man-made features that include boxes, jumps, hits, jibs, tabletops, spikes, take-off ramps, landings, banks, half pipes, picnic tables, logs, and pipes.
167.33(1)(d)
(d) "Freestyling" means mogul jumping, mogul skiing, ski jumping, aerial skiing, ski cross, ski ballet, snowboarding, and any other similar snow sport.
167.33(1)(e)
(e) "Hazard" means any man-made or natural obstacle or hazard. "Hazard" includes ridges, sharp corners, jumps, bumps, moguls, valleys, dips, cliffs, ravines, and bodies of water.
167.33(1)(f)
(f) "Lift" means any aerial tramway or lift, a surface lift, a tow, or a conveyor used by a ski area operator to transport participants in snow sports at a ski area.
167.33(1)(g)
(g) "Participant in a snow sport" means an individual who is engaged in a snow sport or who is walking or otherwise traveling within a ski area for purposes of engaging in the sport. "Participant in a snow sport" also means an individual who is present at a ski area to observe others engaged in a snow sport or who is a passenger on a lift. "Participant in a snow sport" includes an individual that is an employee of a ski area operator when he or she is acting outside the scope of his or her employment.
167.33(1)(h)
(h) "Ski area" means trails, terrains, and other outdoor areas that are used by individuals engaged in snow sports and that is administered as a single enterprise by a ski area operator.
167.33(1)(i)
(i) "Ski area infrastructure" means lifts and any associated components, snowmaking equipment and any associated components, and utility structures, buildings, huts, signs, lift mazes, fences, or other structures located within a ski area.
167.33(1)(j)
(j) "Ski area operator" means a person that owns or is responsible for operating a ski area or its affiliates. "Ski area operator" includes the employees and agents of a ski area operator.
167.33(1)(k)
(k) "Ski area vehicle" means a motorized vehicle used in the operation and maintenance of a ski area or used as transportation within a ski area.
167.33(1)(L)
(L) "Skiing" means downhill skiing, alpine skiing, nordic skiing, cross-country skiing, telemarking, snowshoeing, or snowboarding.
167.33(1)(m)
(m) "Sledding" means sliding down a prepared course on sleds, toboggans, ski bikes, or comparable devices. "Sledding" excludes tubing.
167.33(1)(n)
(n) "Snowmaking equipment" includes pipes, hoses, hydrants, snow guns, fans, wands, pumps, and any other equipment associated with making snow.
167.33(1)(o)
(o) "Snow sport" means skiing, sledding, tubing, or freestyling.
167.33(1)(p)
(p) "Tree skiing area" means an area open to skiing, that is not groomed for skiing, and that is forested.
167.33(1)(q)
(q) "Tubing" means sliding down a prepared course on inflatable tubes, minibobs, or comparable devices.
167.33(2)
(2) Conditions and risks of snow sports. For purposes of this section, conditions and risks consist of all of the following:
167.33(2)(b)
(b) The presence of surface or subsurface conditions, including any of the following:
167.33(2)(b)1.
1. Snow, ice, crust, slush, soft spots, holes, grooves, bare spots, cuts, rocks, boulders, or tracks from ski area vehicles.
167.33(2)(b)2.
2. Forest growth or debris, including stumps, logs, or brush.
167.33(2)(c)
(c) Ridges, sharp corners, bumps, moguls, valleys, rollers, dips, cliffs, ravines, and double fall lines.
167.33(2)(d)
(d) Variations in the difficulty of terrain, surface conditions, or subsurface conditions on a single trail or terrain or among trails or terrains that are designated the same level of difficulty at the ski area or at another ski area.
167.33(2)(e)
(e) The risk of injury or death on trails and terrains that fall away or drop off toward hazards.
167.33(2)(f)
(f) The risk of collision with other participants in snow sports, employees of a ski area operator, or ski area infrastructure.
167.33(2)(g)
(g) Variation in the location, construction, configuration, or steepness of trails or terrains.
167.33(2)(h)
(h) The greater risk of collision, injury, or death in treed areas, in areas where competitions are held, and in areas where freestyling is allowed.
167.33(3)
(3) Duties of ski area operators; signage; notice. 167.33(3)(a)(a) Notice on tickets required. Each ski area operator shall print on each ticket or season pass that it issues to participants in snow sports the following warning:
"WARNING: Under Wisconsin law, each participant in a snow sport assumes the risk of injury or death to person or injury to property resulting from the conditions and risks that are considered to be inherent in a snow sport, has a number of duties that must be met while engaging in a snow sport, and is subject to limitations on the ability to recover damages from a ski area operator for injuries or death to a person or to property. A complete copy of this law is available for review at the main site where tickets to this ski area are sold."
167.33(3)(b)
(b)
Signs required; generally. Each ski area operator shall post and maintain a sign that is at least 10 square feet in size at or near each of the sites where tickets to the ski area are sold, at or near each of the entrances or lift loading areas for areas that are open to snow sports, and at or near each area open to sledding or tubing which is not served by a lift. The sign shall contain the following warning:
"WARNING — ASSUMPTION OF RISKS: Under Wisconsin law, each participant in a snow sport is considered to have accepted and to have knowledge of the risk of injury or death to person or injury to property that may result. Under Wisconsin law, each participant in a snow sport has the duty to take the precautions that are necessary to avoid injury or death to person or injury to property. Wisconsin law sets forth certain other limitations on the liability of ski area operators for injuries or death to person or injury to property. A complete copy of this law is available for review at the main site where tickets to this ski area are sold."
167.33(3)(c)
(c)
Copies of law. Each ski area operator shall post and maintain a current copy of all of the provisions of this section at the main site where tickets to the ski area are sold and shall make a copy of it for any individual upon request.
167.33(3)(d)
(d)
Signs required; skiing or sledding areas. In addition to the sign required under
par. (b), each ski area operator shall post and maintain a sign that is at least 10 square feet in size at or near each entrance to a loading area of a lift that serves areas open to skiing or sledding. The sign shall contain the following warning:
"WARNING — DUTIES OF INDIVIDUALS ENGAGED IN SKIING OR SLEDDING: Under Wisconsin law, each individual engaged in skiing or sledding has a duty to do all of the following:
