23.33(6m)
(6m) Noise limits. No person may manufacture, sell, rent or operate an all-terrain vehicle or utility terrain vehicle that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.
23.33(6r)
(6r) Passenger restrictions. No person may ride in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.
23.33(7)(a)(a) If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain vehicle and utility terrain vehicle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and shall file a written report of the accident with the department on the form provided by it within 10 days after the accident.
23.33(7)(b)
(b) If the operator of an all-terrain vehicle or utility terrain vehicle is physically incapable of making the report required by this subsection and there was another witness to the accident capable of making the report, the witness may make the report.
23.33(8)(a)(a)
Department authority. The department shall encourage and supervise a system of all-terrain vehicle routes and trails. The department may establish standards and procedures for certifying the designation of all-terrain vehicle routes and trails.
23.33(8)(b)
(b)
Routes. A town, village, city or county may designate highways as all-terrain vehicle routes. No state trunk highway or connecting highway may be designated as an all-terrain vehicle route unless the department of transportation approves the designation.
23.33(8)(c)
(c)
Trails. A town, village, city, county or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.
23.33(8)(d)
(d)
Restrictions. The designating authority may specify effective periods for the use of all-terrain vehicle routes and trails and may restrict or prohibit the operation of an all-terrain vehicle or utility terrain vehicle during certain periods of the year.
23.33(8)(e)
(e)
Signs. The department, in cooperation with the department of transportation, shall establish uniform all-terrain vehicle route and trail signs and standards and uniform signs and standards for the operation of utility terrain vehicles on all-terrain vehicle routes and trails. The standards may not require that any additional signs be placed on all-terrain vehicle routes concerning the operation of all-terrain vehicles or utility terrain vehicles with snow removal devices attached.
23.33(8)(f)
(f)
Interference with signs and standards prohibited. 23.33(8)(f)1.1. No person may intentionally remove, damage, deface, move, obstruct, or interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standard or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail if the sign or standard is legally placed by the state, any municipality or any authorized individual.
23.33(8)(f)2.
2. No person may possess any uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail, of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard or uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail creates a rebuttable presumption of illegal possession.
23.33(9)
(9) Administration; enforcement; aids. 23.33(9)(a)(a)
Enforcement. The department may utilize moneys received under
sub. (2) for all-terrain vehicle and utility terrain vehicle registration aids administration and for the purposes specified under
s. 20.370 (3) (as) and
(5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.
23.33(9)(b)
(b)
All-terrain vehicle projects. Any of the following all-terrain vehicle projects are eligible for funding as a state all-terrain vehicle project from the appropriation account under
s. 20.370 (1) (ms) or for aid as a nonstate all-terrain vehicle project from the appropriation accounts under
s. 20.370 (5) (ct) and
(cu):
23.33(9)(b)1.
1. Acquisition of an easement or land in fee simple.
23.33(9)(b)2.
2. An all-terrain vehicle facility such as a parking area, riding area, shelter, toilets or other improvement.
23.33(9)(b)3.
3. Development of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(b)4.
4. Development or maintenance of a snowmobile route or trail or an off-the-road motorcycle trail or facility if the route, trail or facility is open for use by all-terrain vehicles.
23.33(9)(b)5.
5. Maintenance of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(bg)
(bg)
Projects for utility terrain vehicles. A project to improve or maintain all-terrain vehicle trails for use by utility terrain vehicles is eligible for funding as a state utility terrain vehicle project from the appropriation account under
s. 20.370 (1) (mr) or for aid as a nonstate utility vehicle project from the appropriation accounts under
s. 20.370 (5) (eu) and
(gr). The maximum amount allowed for aid under this paragraph is $100 per mile for all-terrain vehicle trails that are maintained not less than 3 months per year including the months of June, July, and August. If the requests for aid for projects under this paragraph exceed the funds available, the department shall distribute available funds to qualified applicants on a proportional basis.
23.33(9)(c)
(c)
Signs. In addition to the projects listed in
par. (b), the department may provide aid under this subsection to a town, village, city or county for up to 100% of the cost of placing signs developed under
sub. (4z) (a) 2.
23.33(10)
(10) Liability of landowners. Section 895.52 applies to this section.
23.33(11)(a)(a) Counties, towns, cities and villages may enact ordinances regulating all-terrain vehicles and utility terrain vehicles on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by the county, city, town or village.
23.33(11)(am)1.1. Any county, town, city or village may enact an ordinance which is in strict conformity with this section and rules promulgated by the department under this section, if the ordinance encompasses all aspects encompassed by this section, except as provided in
subd. 2.
23.33(11)(am)2.
2. For a roadway, or for a portion of a roadway, that is located within the territorial boundaries of a city, village, or town, the city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles with snow removal devices attached on the roadway, or adjacent to the roadway, if the applicable roadway speed limit is greater than 45 miles per hour, and regardless of whether the city, village, or town has jurisdiction over the roadway.
23.33(11)(b)
(b) If a county, town, city, or village adopts an ordinance regulating all-terrain vehicles, utility terrain vehicles, or both, its clerk shall immediately send a copy of the ordinance to the department and to the office of any law enforcement agency of the municipality or county having jurisdiction over any highway designated as an all-terrain vehicle route.
23.33(12)(a)(a) An officer of the state traffic patrol under
s. 110.07 (1), inspector under
s. 110.07 (3), conservation warden appointed by the department under
s. 23.10, county sheriff or municipal peace officer has authority and jurisdiction to enforce this section and ordinances enacted in accordance with this section.
23.33(12)(b)
(b) No operator of an all-terrain vehicle or utility terrain vehicle may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in
s. 939.22 (5).
23.33(13)(a)(a)
Generally. Except as provided in
pars. (am) to
(e), any person who violates this section shall forfeit not more than $250.
23.33(13)(am)
(am)
Penalty related to interference with signs and standards. Except as provided in
par. (cg), a person who violates
sub. (8) (f) and who, within the last 2 years prior to the arrest for the current violation, was 2 or more times previously convicted for violating a provision of this chapter shall forfeit not more than $500.
23.33(13)(ar)
(ar)
Penalty related to nonresident trail passes. Any person who violates
sub. (2j) shall forfeit not more than $1,000.
23.33(13)(b)
(b)
Penalties related to intoxicated operation of an all-terrain vehicle or utility terrain vehicle. 23.33(13)(b)2.
2. Except as provided under
subd. 3., a person who violates
sub. (4c) (a) 1.,
2., or
2m. or
(4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.
23.33(13)(b)3.
3. A person who violates
sub. (4c) (a) 1.,
2., or
2m. or
(4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle or utility terrain vehicle 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.
23.33(13)(bg)
(bg)
Penalties related to intoxicated operation of an all-terrain vehicle or utility terrain vehicle; underage passengers. If there is a passenger under 16 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a violation that gives rise to a conviction under
sub. (4c) (a) 1. or
2. or
(4p) (e), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under
pars. (b) 1.,
2., and
3. for the conviction are doubled.
23.33(13)(br)
(br)
Penalties related to intoxicated operation of an all-terrain vehicle or utility terrain vehicle; enhancers. 23.33(13)(br)1.1. If a person convicted under
sub. (4c) (a) 1. or
2. had an alcohol concentration of 0.17 to 0.199 at the time of the offense, the minimum and maximum fines specified under
par. (b) 3. for the conviction are doubled.
23.33(13)(br)2.
2. If a person convicted under
sub. (4c) (a) 1. or
2. had an alcohol concentration of 0.20 to 0.249 at the time of the offense, the minimum and maximum fines specified under
par. (b) 3. for the conviction are tripled.
23.33(13)(br)3.
3. If a person convicted under
sub. (4c) (a) 1. or
2. had an alcohol concentration of 0.25 or above at the time of the offense, the minimum and maximum fines under
par. (b) 3. for the conviction are quadrupled.
23.33(13)(c)
(c)
Penalties related to causing injury; intoxicants. A person who violates
sub. (4c) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned not less than 30 days nor more than one year in the county jail.
23.33(13)(cg)
(cg)
Penalties related to causing death or injury; interference with signs and standards. A person who violates
sub. (8) (f) 1. is guilty of a Class H felony if the violation causes the death or injury, as defined in
s. 30.67 (3) (b), of another person.
23.33(13)(cm)
(cm)
Sentence of detention. The legislature intends that courts use the sentencing option under
s. 973.03 (4) whenever appropriate for persons subject to
par. (b) 2. or
3. or
(c). The use of this option can result in significant cost savings for the state and local governments.
23.33(13)(d)
(d)
Calculation of previous convictions. In determining the number of previous convictions under
par. (b) 2. and
3., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
23.33(13)(dm)
(dm)
Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle or utility terrain vehicle 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.
23.33(13)(e)
(e)
Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates
sub. (4c) (a) or
(b) or
(4p) (e) or who violates
s. 940.09 or
940.25 if the violation involves the operation of an all-terrain vehicle or utility terrain vehicle, 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.
23.33(13)(f)
(f)
Restoration or replacement of signs and standards. In addition to any other penalty, the court may order the defendant to restore or replace any uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail, that the defendant removed, damaged, defaced, moved or obstructed.
23.33 History
History: 1985 a. 29;
1987 a. 200,
353,
399,
403;
1989 a. 31,
275,
359;
1991 a. 39,
303,
315;
1993 a. 16,
105,
119,
405;
1995 a. 27 ss.
1350 to
1351,
9126 (19);
1995 a. 436,
448;
1997 a. 27,
248,
283;
1999 a. 9;
2001 a. 16,
90,
106,
109;
2003 a. 30,
97,
251,
326;
2005 a. 25,
253,
481;
2007 a. 20 ss.
664m to
666m,
9121 (6) (a);
2007 a. 27,
209;
2009 a. 85,
175,
252,
367;
2011 a. 35,
51,
208,
258; 13.92 (1) (bm) 2.
23.33 Cross-reference
Cross-reference: See also ch.
NR 64, Wis. adm. code.
23.33 Annotation
The safety certificate requirement under sub. (5) is a creation of the legislature, and the legislature has specified who is required to comply with the requirement. When a person is not required to obtain a safety certificate, that person cannot be negligent for failing to do so. Hardy v. Hoefferle,
2007 WI App 264,
306 Wis. 2d 513,
743 N.W.2d 843,
06-2861.
23.33 Annotation
County forest roads open to vehicular traffic are highways that can be designated as routes under sub. (8) (b).
77 Atty. Gen. 52.
23.33 Annotation
Even if the primary purpose of designating short county highway segments as ATV routes is to allow a private organization to enhance its system of trails that benefit club members and their invitees, such designations will not violate the public purpose doctrine if no county resources are expended and no county expenditures occur as a result of those designations.
OAG 3-11.
23.35
23.35
Reciprocal registration exemption agreements for federally recognized American Indian tribes and bands. 23.35(1)(1) The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following:
23.35(1)(a)
(a) Requires that boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles display decals or identification numbers showing valid registration by the tribe or band.
23.35(1)(b)
(b) Employs registration decals and certificates of number that are substantially similar to those employed by the registration or certification programs of this state with regard to size, legibility, information content and placement on the boat, snowmobile, all-terrain vehicle, or utility terrain vehicle.
23.35(1)(c)
(c) Employs a sequential numbering system that includes a series of letters or initials that identify the tribe or band issuing the registration.
23.35(1)(d)
(d) Provides all registration information to this state in one of the following ways:
23.35(1)(d)1.
1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement, for incorporation into the registration records of this state, within one working day of the addition, change or deletion.
23.35(1)(d)2.
2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.
23.35(1)(e)
(e) Provides reciprocal exemptions, from the tribe's or band's registration requirements, for boats, snowmobiles, all-terrain vehicles, and utility terrain vehicles registered or certified by this state that are substantially as favorable as the exemptions enjoyed by the tribe or the band under the agreement. In this paragraph, "reciprocal exemption" means an exemption under the agreement that exempts from a tribe's or band's registration requirements, for operation within the boundaries of the tribe's or band's reservation, a boat, snowmobile, all-terrain vehicle, or utility terrain vehicle that is owned by a person who is not a member of the tribe or band and that is registered or certified by this state to the same extent that the agreement exempts from state registration and certification requirements, for the operation outside the boundaries of the tribe's or band's reservation, a boat, snowmobile, all-terrain vehicle, or utility terrain vehicle that is registered by the tribe or band.
23.35(2)
(2) An agreement entered into under
sub. (1) may cover a registration program for boats, snowmobiles, all-terrain vehicles, or utility terrain vehicles or any combination thereof.
23.35 History
History: 1993 a. 405;
2011 a. 208.
23.38
23.38
Natural resources law violation hotline. 23.38(1)
(1) The department shall maintain a toll-free telephone number at department headquarters to receive reports of violations of any statute or administrative rule that the department enforces or administers. The department shall relay these reports to the appropriate warden or officer for investigation and enforcement action. The department shall publicize the toll-free telephone number as widely as possible in the state.
23.38(2)
(2) The department shall maintain records which permit the release of information provided by informants while protecting the identity of the informant. Any records maintained by the department which relate to the identity of informants shall be only for the confidential use of the department in the administration of this section, unless the informant expressly agrees to release the records. Appearance in court as a witness shall not be considered consent by an informant to release confidential records maintained by the department.
23.38 History
History: 1979 c. 34;
1993 a. 16 s.
676; Stats. 1993 s. 23.38.
23.39
23.39
Placement of wind turbines. The department shall identify areas in this state where wind turbines, if placed in those areas, may have a significant adverse effect on bat and migratory bird populations. The department shall maintain an Internet Web site that provides this information to the public and that includes a map of the identified areas.
23.39 History
History: 2009 a. 40.
23.40
23.40
Environmental impact statement. 23.40(1)
(1)
Determination if environmental impact statement is required. Any person who files an application for a permit, license or approval granted or issued by the department, shall submit with the application a statement of the estimated cost of the project or proposed action for which the person seeks a permit, license or approval. The department may seek such further information as it deems necessary to determine whether it must prepare an environmental impact statement under
s. 1.11.
23.40(2)
(2) Notification; estimate of fee. 23.40(2)(a)(a) If the department is required to prepare an environmental impact statement, it shall notify the person by certified mail.
23.40(2)(b)
(b) The department shall indicate the estimated environmental impact statement fee.
23.40(3)
(3) Environmental impact statement fee. 23.40(3)(a)(a) The department shall charge an environmental impact statement fee if it is required to prepare an environmental impact statement or if it enters into a preapplication service agreement.
23.40(3)(b)
(b) The amount of the environmental impact statement fee shall equal the full cost of the preparation of the environmental impact statement and the full cost of any preapplication services if the department enters into a preapplication service agreement. These costs shall include the cost of authorized consultant services and the costs of printing and postage.
23.40(3)(c)
(c) The department shall determine the manner in which the environmental impact statement fee is to be paid. The department may require periodic payments if preapplication services are provided.
