Wis. Stat. § 23.335 — WI Code / Chapter 23 / Section 23.335
Section 23.335
Status: in_force

(d) Signs. In addition to the types of projects listed in par. (b) , the department may provide funding under this subsection to a local governmental unit for up to 100 percent of the cost of placing signs developed under sub. (12) (L) 1. b.

(e) Charging of fees. A local governmental unit that has not received funding under par. (b) in the prior fiscal year may charge a seasonal or daily use fee for an off-highway motorcycle area operated by the local governmental unit.

(21) Local ordinances.

(a) Any local governmental unit may enact an ordinance that 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.

(am) A county, city, village, or town may enact an ordinance to authorize the operation of limited use off-highway motorcycles on a highway bridge that is not part of the national system of interstate and defense highways and that is located within the territorial boundaries of the county, city, village, or town regardless of whether the county, city, village, or town has jurisdiction over the highway. Any such ordinance shall require a person crossing a bridge to do all of the following:

1. Cross the bridge in the most direct manner practicable and at a place where no obstruction prevents a quick and safe crossing.

2. Stay as far to the right of the roadway or shoulder as practicable.

4. Yield the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway or shoulder.

5. Exit the highway as quickly and safely as practicable after crossing the bridge.

(b) If a local governmental unit enacts an ordinance regulating off-highway motorcycles, its clerk shall immediately send a copy of the ordinance to the department, to the state traffic patrol, and to the office of any law enforcement agency of each local governmental unit having jurisdiction over any of the highways to which the ordinance applies.

(22) Enforcement.

(a) A law enforcement officer has the authority and jurisdiction to enforce this section and ordinances enacted in accordance with this section.

(b) No operator of an off-highway motorcycle may refuse to stop after being requested or signaled to do so by a law enforcement officer.

(23) Penalties.

(a) Generally. Except as provided in pars. (b) to (f) , any person who violates this section shall forfeit not more than $250.

(b) Penalty related to nonresident trail passes. Any person who violates sub. (6) (am) shall forfeit not more than $1,000.

(c) Penalties related to intoxicated operation.

1. Except as provided under subds. 2. , 3. , and 4. , a person who violates sub. (12) (a) 1. , 2. , or 2m. or (h) shall forfeit not less than $150 nor more than $300.

2. Except as provided under subds. 3. and 4. , a person who violates sub. (12) (a) 1. , 2. , or 2m. and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an off-highway motorcycle 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.

3. Except as provided in subd. 4. , a person who violates sub. (12) (a) 1. , 2. , or 2m. 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 off-highway motorcycle 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.

4. A person who violates sub. (12) (a) 3. or (h) and who has not attained the age of 21 shall forfeit not more than $50.

(d) Penalty related to causing injury; intoxicants. A person who violates sub. (12) (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.

(e) Penalty related to interference with signs and standards. Except as provided in par. (f) , a person who violates sub. (19) (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.

(f) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (19) (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.

(g) Calculation of previous convictions. In determining the number of previous convictions under pars. (c) 2. and 3. and (e) , convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

(h) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an off-highway motorcycle 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.

(i) Intoxicants; assessment. In addition to any other penalty or order, a person who violates sub. (12) (a) , (b) , or (h) 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 an intoxicant. The assessment order shall comply with s. 343.30 (1q) (c) 1. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785 .

(j) 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 off-highway motorcycle route sign or standard, or any uniform off-highway motorcycle trail sign or standard, that the defendant removed, damaged, defaced, moved, or obstructed.

History: 2015 a. 170 ; 2017 a. 59 , 161 ; 2019 a. 9 , 11 , 34 , 68 ; 2021 a. 58 ; 2025 a. 99 , 114 , 195 ; s. 35.17 correction in (1) (zde).