reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 349 - Vehicles — powers of state and local authorities. › 349.25 - Authority to license hayrack and sleigh rides.

349.25
Authority to license hayrack and sleigh rides.
(1)
In counties containing a city of the first or second class, the owner of a vehicle to be operated upon a highway for the purpose of transporting persons for hire in what is commonly known as a hayrack ride, a sleigh, boxsled or bobsled ride or a ride of similar nature and every person who is to operate such a vehicle shall obtain a license from the county board before so operating such a vehicle. Any person operating any such vehicle under the circumstances described without first obtaining a license from the county board may be fined not more than $100 or imprisoned not more than 30 days or both.
(2)
No county board may issue a license for any of the vehicles mentioned in sub. (1) unless the applicant does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, and until the applicant exhibits proof that liability insurance will be in force for the protection of passengers in the minimum amount of $10,000 for any one passenger and $50,000 for any single accident. Section 632.24 is applicable to the insurance required under this section, whether the vehicle is a motor vehicle or is propelled in some other manner. The county board shall set the amount for each license issued, not to exceed an amount reasonably related to the actual and necessary cost of providing the license.
(3)
The county board may, after notice and hearing accorded the licensee, revoke any license issued by it pursuant to this section whenever in its judgment the public safety so requires.
(4)
No vehicle licensed pursuant to this section shall be operated upon a highway for the purpose of transporting persons for hire unless it is equipped with at least one red reflector at each of the 2 rear corners of the vehicle and with at least one blue reflector at each of the 2 front corners of the vehicle and at the front end of the pole or tongue. All such reflectors shall be of a type approved by the department.
(5)
The county board in any county not containing a city of the first or second class may by ordinance require owners and operators of vehicles to be used for the purposes specified in sub. (1) to be licensed. The actual issuance of the license may be delegated to the county clerk.
History:  1975 c. 375 s. 44; 1975 c. 421; 1977 c. 29 s. 1654 (7) (a); 1981 c. 380; 1981 c. 391 s. 211; 1983 a. 146.
2023 Wisconsin Statutes & Annotations › Chapter 349 - Vehicles — powers of state and local authorities. › 349.26 - Authority to allow or prohibit the operation of low-speed vehicles.

349.26
Authority to allow or prohibit the operation of low-speed vehicles.
(1m)
The governing body of any municipality or county may by ordinance prohibit the operation of low-speed vehicles on any highway that is under the jurisdiction, for maintenance purposes, of the municipality or county. A county ordinance enacted under this subsection does not apply within any municipality that has enacted or enacts an ordinance under sub. (2).
(2)
The governing body of any municipality may by ordinance allow the use of a low-speed vehicle on a roadway that has a speed limit of 35 miles per hour or less and that is located within the territorial boundaries of the municipality, regardless of whether the municipality has jurisdiction over the roadway.
History:  2005 a. 329; 2007 a. 33; 2009 a. 311.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.03 - Right-of-way.

350.03
Right-of-way.
(1)
The operator of a snowmobile shall slow the vehicle to a speed not to exceed 10 miles per hour and yield the right-of-way when traveling within 100 feet of a person who is not in or on a snowmobile except as provided in ch. 346 where applicable.
(2)
Subsection (1) does not apply to any of the following:
(a)
The operator of a snowmobile on a privately owned raceway facility.
(b)
The operator of a snowmobile in a sanctioned race or derby on public land, a highway or a snowmobile trail if the sponsor of the sanctioned race or derby marks the race or derby route or track to warn spectators from entering the route or track. In this paragraph, “public land" does not include the frozen surface of public waters.
History:  1971 c. 277; 1991 a. 316; 1997 a. 267.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.04 - Snowmobile races, derbies and routes.

350.04
Snowmobile races, derbies and routes.
(1)
Any county, town, city or village may block off the highways under its jurisdiction for the purpose of allowing special snowmobile events. No state trunk highway or connecting highway or part thereof, shall be blocked off by any county, town, city or village for any snowmobile race or derby. Every county, town, city or village shall notify the local police department and the county sheriff's office at least one week in advance of the time and place of any snowmobile race or derby which may result in any street or part thereof, of the county, town, city or village being blocked off. Upon such notice, the local police department shall take such measures as it deems appropriate to protect persons and property and to regulate traffic in the designated area and its vicinity on the day of such race or derby.
(2)
On state trunk bridges a sidewalk or, if no sidewalk exists, one lane of the bridge may be designated by the town, city or village as a snowmobile route. Towns, cities or villages may adopt ordinances designating highways as snowmobile routes for snowmobile operation, subject to the following limitations:
(a)
Snowmobiles shall be operated on the extreme right side of the roadway.
(b)
Left turns shall be made as safely as possible from any position depending on snow cover and other prevailing conditions.
(c)
Snowmobile operators shall yield right-of-way to other vehicular traffic and pedestrians.
(d)
Highways designated for snowmobile operation shall be marked in accordance with s. 350.13.
(e)
Snowmobile operation is not permitted on state trunk highways or connecting highways except as provided under s. 350.02.
(3)
(a)
No county, town, city or village shall be liable for any injury suffered in connection with a race or derby under this section, unless the injury is caused by the negligence of the county, town, city or village.
(b)
The county, town, city or village shall post the provisions of par. (a) in a conspicuous place, readily accessible to all contestants and spectators, and shall assist in locating and identifying persons responsible for injuries that may occur.
History:  1971 c. 277; 1977 c. 29 s. 1654 (3); 1981 c. 295.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.045 - Public utility exemption.

350.045
Public utility exemption.
So that public utilities may effectively carry out their obligations to the public, the restrictions imposed by this chapter relating to use on, near or adjacent to highways shall not apply to snowmobiles operated to fulfill the corporate function of the public utility in those cases where safety does not require strict adherence to the regulations related to snowmobiles in general. However, snowmobiles operated by public utilities must be operated in a safe manner at all times.
History:  1971 c. 277.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.047 - Local ordinance to be filed.

350.047
Local ordinance to be filed.
Whenever a town, city or village adopts an ordinance designating a highway as a snowmobile route, and whenever a county, town, city or village adopts an ordinance regulating snowmobiles, its clerk shall immediately send a copy of the ordinance to the department and to the office of the law enforcement agency of the municipality and county having jurisdiction over such street or highway.
History:  1971 c. 277.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.05 - Operation by youthful operators restricted.

350.05
Operation by youthful operators restricted.
(1)
Persons under 12. No person under the age of 12 years may operate a snowmobile unless the person is accompanied either by a parent or guardian or by a person over 18 years of age.
(2)
Persons aged 12 and older; snowmobile safety certificates and program.
(a)
No person who is at least 12 years of age and who is born on or after January 1, 1985, may operate a snowmobile unless he or she holds a valid snowmobile safety certificate.
(b)
Any person who is required to hold a snowmobile safety certificate while operating a snowmobile shall carry proof that the person holds a valid safety certificate and shall display such proof to a law enforcement officer on request.
(c)
Persons enrolled in a safety certification program approved by the department may operate a snowmobile in an area designated by the instructor.
(3)
Exceptions. This section does not apply to the operation of snowmobiles upon lands owned or leased by the operator's parent or guardian. As used in this section, “leased lands" does not include lands leased by an organization of which said operator or the operator's parent or guardian is a member.
(4)
Definition. For purposes of this section, “accompany" means to be on the same snowmobile as the operator.
History:  1971 c. 277; 1973 c. 298; 1977 c. 402; 1991 a. 316; 1999 a. 9; 2015 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.055 - Safety certification program established.

350.055
Safety certification program established.
(1)
The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. For each person who is under the age of 16 years, the program shall include 6 hours of classroom instruction, and the instructor may provide to the person up to 2 additional hours of instruction on a snowmobile as to how it is actually operated. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50 percent, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.
(1m)
An instructor certified by the department under sub. (1) who conducts a snowmobile program of instruction may not allow a person enrolled in that program to operate a snowmobile as part of a field training exercise unless the snowmobile, in addition to meeting the requirements that apply to snowmobiles under this chapter, is in good working order and is equipped with a device that limits the speed of the snowmobile to 15 miles per hour.
(2)
A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.
History:  1971 c. 277; 1973 c. 298; 1987 a. 27, 399; 1991 a. 39; 1999 a. 9; 2003 a. 253; 2007 a. 20; 2013 a. 353.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.08 - Owner permitting operation.

350.08
Owner permitting operation.
No owner or other person having charge or control of a snowmobile may knowingly authorize or permit any person to operate the snowmobile if the person is prohibited from operating a snowmobile under s. 350.05, if the person is incapable of operating a snowmobile because of physical or mental disability or if the person is under the influence of an intoxicant.
History:  1971 c. 219; 1981 c. 79 s. 17; 1981 c. 295, 391; 1983 a. 459; 1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.095 - Noise level requirements.

350.095
Noise level requirements.
(1)
Noise level standards; total vehicle noise.
(a)
Every snowmobile that is manufactured on or after July 2, 1975, and that is offered for sale or sold in this state as a new snowmobile shall be manufactured so as to limit total vehicle noise to not more than 78 decibels of A sound pressure, as measured by Society of Automotive Engineers standards.
(b)
A person may not modify a snowmobile, or operate a snowmobile that has been modified, in any manner that amplifies or otherwise increases total vehicle noise above that emitted by the snowmobile as originally manufactured, regardless of date of manufacture.
(2)
Noise level standards; exhaust and engine noise.
(a)
No snowmobile may be manufactured, sold, offered for sale, or operated unless it is equipped with a muffler in good working order.
(b)
For snowmobiles manufactured after July 1, 1972, a muffler that is in good working order is one that blends the exhaust noise into the overall engine noise and is in constant operation to prevent exhaust and engine noise that exceeds the applicable noise level standards established under pars. (c) and (d).
(c)
For every snowmobile manufactured after July 1, 1972, and before July 2, 1975, the noise level standard for exhaust and engine noise shall be 90 decibels as measured in accordance with the procedures established for the measurement of exhaust sound levels of stationary snowmobiles in the January 2004 Society of Automotive Engineers Standard J2567.
(d)
1.
Except as provided in subd. 2., for every snowmobile manufactured on or after July 2, 1975, the noise level standard for exhaust and engine noise shall be 82 decibels as measured in accordance with the procedures established for the measurement of exhaust sound levels of stationary snowmobiles in the January 2015 Society of Automotive Engineers Standard J2567.
2.
After consulting with the snowmobile recreational council, the department may promulgate a rule that establishes a noise level standard for exhaust and engine noise that is other than 88 decibels.
History:  2005 a. 210 ss. 1, 2, 4 to 7m; 2021 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.10 - Miscellaneous provisions for snowmobile operation.

350.10
Miscellaneous provisions for snowmobile operation.
(1)
No person shall operate a snowmobile in the following manner:
(a)
At a rate of speed that is unreasonable or improper under the circumstances.
(b)
In any careless way so as to endanger the person or property of another.
(c)
Without complying with all stop signs, yield signs or other regulatory signs established by rule under s. 350.13 that are located along snowmobile routes, snowmobile trails or other established snowmobile corridors that are open to the public.
(d)
In such a way that the exhaust and engine noise exceeds the applicable noise level standard specified in s. 350.095 (2) (c) or (d).
(f)
On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for snowmobile use.
(fm)
On public property that is posted as closed to snowmobile operation or on which the operation of a snowmobile is prohibited by law.
(g)
Between the hours of 10:30 p.m. and 7 a.m. when within 150 feet of a dwelling at a rate of speed exceeding 10 miles per hour.
(gm)
During the hours of darkness at a rate of speed exceeding 55 miles per hour.
(h)
In any forest nursery, planting area or on public lands posted or reasonably identified as an area of forest or plant reproduction when growing stock may be damaged.
(i)
On the frozen surface of public waters within 100 feet of a person not in or upon a vehicle or within 100 feet of a fishing shanty unless operated at a speed of 10 miles per hour or less.
(j)
On a slide, ski or skating area except for the purpose of serving the area, crossing at places where marked or after stopping and yielding the right-of-way.
(k)
On or across a cemetery, burial ground, school or church property without consent of the owner.
(L)
On the lands of an operating airport or landing facility except for personnel in performance of their duties or with consent.
(m)
On Indian lands without the consent of the tribal governing body or Indian owner. For purposes of this paragraph, “Indian lands" means lands owned by the United States and held for the use or benefit of Indian tribes, bands, or individual Indians and lands owned by Indian tribes, bands, or individual Indians which are subject to restrictions on alienation. Failure to post Indian lands does not imply consent for snowmobile use. Any other motor-driven craft or vehicle principally manufactured for off-highway use shall at all times have the consent of the owner before operation of such craft or vehicle on private lands.
(2)
Subsection (1) (c) does not apply to a person operating a snowmobile on land under the management and control of the person's immediate family.
(3)
Subsection (1) (gm) does not apply to a person operating a snowmobile while competing in a sanctioned race or derby.
History:  1971 c. 219, 277; 1981 c. 79 s. 17; 1983 a. 459; 1987 a. 399; 1997 a. 34; 2005 a. 209, 210; 2007 a. 29; 2009 a. 252, 389.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.102 - Preliminary breath screening test.

350.102
Preliminary breath screening test.
(1)
Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated snowmobiling law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.
(2)
Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated snowmobiling law or for the purpose of deciding whether or not to request a chemical test under s. 350.104. Following the preliminary breath screening test, chemical tests may be required of the person under s. 350.104.
(3)
Admissibility. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under s. 350.104.
(4)
Refusal. There is no penalty for a violation of sub. (1). Section 350.11 (1) and the general penalty provision under s. 939.61 do not apply to that violation.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.1025 - Application of intoxicated snowmobiling law.

350.1025
Application of intoxicated snowmobiling law.
Except as provided in this section, the intoxicated snowmobiling law is applicable to all property, whether the property is publicly or privately owned and whether or not a fee is charged for the use of that property. The intoxicated snowmobiling law does not apply to the operation of a snowmobile on private land not designated as a snowmobile trail unless an accident involving personal injury occurs as the result of the operation of a snowmobile and the snowmobile was operated on the private land without the consent of the owner of that land.
History:  1987 a. 399; 1991 a. 91.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.103 - Implied consent.

350.103
Implied consent.
Any person who engages in the operation of a snowmobile upon the public highways of this state, or in those areas enumerated in s. 350.1025, is deemed to have given consent to provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis as required under s. 350.104. Any person who engages in the operation of a snowmobile within this state is deemed to have given consent to submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis as required under s. 350.104.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.106 - Report arrest to department.

350.106
Report arrest to department.
If a law enforcement officer arrests a person for a violation of the intoxicated snowmobiling law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.107 - Officer's action after arrest for operating a snowmobile while under influence of intoxicant.

350.107
Officer's action after arrest for operating a snowmobile while under influence of intoxicant.
A person arrested for a violation of s. 350.101 (1) (a) or (b) or a local ordinance in conformity therewith or s. 350.101 (2) (a) or (b) may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 350.104 (1) (a) shows that the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.
History:  1987 a. 399; 1995 a. 436.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.108 - Public education program.

350.108
Public education program.
(1)
The department shall promulgate rules to provide for a public education program to:
(a)
Inform snowmobile operators of the prohibitions and penalties included in the intoxicated snowmobiling law. The snowmobile recreational council may assist the department in developing the public education program.
(b)
Provide for the development of signs briefly explaining the intoxicated snowmobiling law.
(2)
The department shall develop and issue an educational pamphlet on the intoxicated snowmobiling law to be distributed, beginning in 1989, to persons issued snowmobile registration certificates under s. 350.12 or 350.122.
History:  1987 a. 399; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.115 - Snowmobile registration restitution surcharge.

350.115
Snowmobile registration restitution surcharge.
(1)
Levy of snowmobile registration restitution surcharge.
(a)
If a court imposes a forfeiture for a violation of a provision of this chapter where the payment of a registration fee is required, the court shall impose a snowmobile registration restitution surcharge under ch. 814 equal to the amount of the fee that was required and should have been obtained.
(b)
If a forfeiture is suspended in whole or in part, the snowmobile registration restitution surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.
(c)
If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the snowmobile registration restitution surcharge under this section. If the deposit is forfeited, the amount of the snowmobile registration restitution surcharge shall be transmitted to the secretary of administration under par. (d). If the deposit is returned, the snowmobile registration restitution surcharge shall also be returned.
(d)
The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.
(2)
Use of snowmobile registration restitution surcharge funds. All moneys collected from snowmobile registration restitution surcharges shall be deposited in the conservation fund.
History:  1991 a. 39; 1995 a. 201; 2003 a. 33, 139, 326.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.125 - Completion of application for registration by snowmobile dealers.

350.125
Completion of application for registration by snowmobile dealers.
(1)
(a)
When a snowmobile dealer sells a snowmobile, the dealer, at the time of sale, shall require the buyer to complete an application for an original registration certificate, collect the required fee, and do one of the following:
1.
Mail the application and fee to the department no later than 5 days after the date of sale and furnish the buyer with a validated registration receipt.
2.
Use the expedited service under s. 350.12 (3h) (ag) as an agent of the department.
(ag)
The department shall provide combination application and receipt forms to be used by the dealer.
(ar)
No snowmobile dealer may charge an additional fee to the buyer for performing the service required under this subsection unless the dealer uses the expedited service specified in s. 350.12 (3h) (ag). No snowmobile dealer may perform this service for a registration under s. 350.122.
(b)
When a snowmobile dealer sells a snowmobile to a person from another state who wishes to register the snowmobile in his or her home state or to a person who wishes to register the snowmobile under s. 350.122, the dealer shall, at the time of sale, complete an application for a registration certificate and indicate on the application that the snowmobile is to be registered in another state or under s. 350.122 and mail one copy to the department no later than 14 days after the date of sale, furnish the buyer with one copy and retain one copy for the dealer's records.
(2)
Every dealer shall maintain, for one year, a record in the form prescribed by the department for each new snowmobile sold. These records shall be open to inspection by the department.
History:  1973 c. 298; 1975 c. 230, 399, 421; 1977 c. 402; 1981 c. 295; 1997 a. 27; 2001 a. 16; 2005 a. 25.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.13 - Uniform trail signs and standards.

350.13
Uniform trail signs and standards.
The department of natural resources in cooperation with the department of transportation, after public hearing, shall promulgate rules to establish uniform trail and route signs and standards relating to operation thereon as authorized by law. The authority in charge of the maintenance of the highway may place signs on highways under its jurisdiction where authorized snowmobile trails cross. These signs must be of a type approved by the department of natural resources and the department of transportation.
History:  1971 c. 40 s. 93; 1971 c. 277; 1973 c. 298; 1989 a. 31; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.135 - Interferences with uniform trail signs and standards prohibited.

350.135
Interferences with uniform trail signs and standards prohibited.
(1)
No person may intentionally remove, damage, deface, move or obstruct any uniform snowmobile trail sign or standard or intentionally interfere with the effective operation of any uniform snowmobile trail sign or standards if the sign or standard is legally placed by the state, any municipality or any authorized individual. This subsection does not apply to an authorized individual who removes or moves any uniform snowmobile trail sign or standard from his or her own property.
(2)
No person may possess any uniform snowmobile trail sign or standard of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform snowmobile trail sign or standard in a lawful manner. Possession of a uniform snowmobile trail sign or standard creates a rebuttable presumption of illegal possession.
History:  1981 c. 295; 1993 a. 119.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.137 - Uniform snowmobile rail crossing standards.

350.137
Uniform snowmobile rail crossing standards.
(1)
The department, after having consulted with each rail authority, as defined in s. 350.138 (1) (b), in this state, that has furnished the department with the information required under s. 350.138 (2m), an established snowmobile association that represents snowmobile clubs, as defined in s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads, shall promulgate rules to establish uniform maintenance standards and uniform design and construction standards for snowmobile rail crossings under ss. 350.138 and 350.139.
(2)
The maintenance standards shall include requirements for the marking of snowmobile rail crossings and for the maintenance of adequate drainage of railroad rights-of-way. The design and construction standards shall include a list and a description of the frequency and speed of railroad trains and railroad track equipment and the types of railroad tracks, embankments, ditches, snowmobile trail alignments and other configurations that do any of the following:
(a)
Preclude the use of a proposed site for a snowmobile rail crossing because the site would be unsafe due to poor visibility of an approaching railroad train or railroad track equipment from the position of a snowmobile operator who is stopped on the approach to the proposed crossing.
(b)
Make it difficult to construct a snowmobile rail crossing at a proposed site because of steep embankments or irregular terrain near the railroad track.
History:  1993 a. 120; 2001 a. 14; 2011 a. 101.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.139 - Established snowmobile rail crossings.

350.139
Established snowmobile rail crossings.
(1)
Definitions. In this section:
(a)
“Established snowmobile rail crossing" means a snowmobile rail crossing that has been used by snowmobiles, or maintained by a snowmobile organization for use by snowmobiles, for at least 5 winters of the last 10 years.
(b)
“Rail authority" has the meaning given in s. 350.138 (1) (b).
(c)
“Rail transit body" has the meaning given in s. 350.138 (1) (c).
(d)
“Snowmobile organization" has the meaning given in s. 350.138 (1) (f).
(2)
No permit required. An established snowmobile rail crossing does not require a permit under s. 350.138.
(3)
Charges prohibited. Neither the department nor a rail authority may charge a fee or any other amount for the use of an established snowmobile rail crossing or for the use of a right-of-way for the established snowmobile rail crossing, unless otherwise agreed upon by the rail authority and a snowmobile organization.
(4)
Use and maintenance requirements. The department shall require a snowmobile organization that uses or maintains any part of an established snowmobile rail crossing to do all of the following:
(a)
Maintain that portion of the established snowmobile rail crossing that is outside of the portion of the snowmobile rail crossing that extends outward 4 feet from each outer rail.
(b)
Maintain in effect liability insurance to indemnify the applicable rail authority for damages resulting from the design, construction, maintenance, existence, or use of the established snowmobile rail crossing, except that the department shall not require the snowmobile organization to maintain in effect liability insurance to indemnify the applicable rail authority for injuries sustained by a person engaged in a recreational activity, if the rail authority would be immune from liability for those injuries under s. 895.52. Regardless of the number of established snowmobile rail crossings and snowmobile rail crossings under s. 350.138 that each snowmobile organization maintains, the amount of the liability insurance that is required to be maintained under this paragraph shall be at least $2,000,000 for each snowmobile organization. The snowmobile organization shall designate the applicable rail authority as a named insured on the policy. Any liability insurance that is required under this paragraph for the purpose of indemnifying a rail authority that is a rail transit body shall also indemnify the owners and operators of any railroad using the tracks of the rail transit body. Annually, beginning on December 1, 2001, each snowmobile organization that is required to maintain liability insurance under this paragraph shall furnish proof of that insurance to the applicable rail authority and to the department.
(5)
Inspection authorized. The department or the office of the commissioner of railroads may inspect an established snowmobile rail crossing to determine whether the snowmobile organization maintaining the crossing is in compliance with the requirements imposed under sub. (4).
History:  1993 a. 120; 2001 a. 14.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.14 - Duties of snowmobile recreational council.

350.14
Duties of snowmobile recreational council.
(1)
The snowmobile recreational council shall carry out studies and make recommendations to the legislature, governor, department of natural resources and department of transportation on all matters related to this chapter or otherwise affecting snowmobiles and snowmobiling.
(2)
The department shall prepare written minutes of each meeting of the snowmobile recreational council and shall make them available to any interested party upon request.
History:  1971 c. 277; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.145 - Recommendations of the snowmobile recreational council.

350.145
Recommendations of the snowmobile recreational council.
(1)
Procedure required. To assist the snowmobile recreational council in performing its duty to make recommendations under s. 350.14 (1), the department and the snowmobile recreational council shall follow the procedures under sub. (2).
(2)
Recommendations for rules.
(a)
The department shall distribute any rule that it is proposing and that affects snowmobiles or snowmobiling to each member of the snowmobile recreational council for his or her review and comment at least 20 days before the notice stating that the proposed rule is in final draft form is submitted to the legislature in the manner provided under s. 227.19 (2). A member of the snowmobile recreational council may submit his or her written comments on the proposed rule to the department.
(b)
The department shall include in the report required under s. 227.19 (3) the written comments that it receives under par. (a).
(3)
Recommendations for executive budget bill.
(a)
1.
Before June 30 of each even-numbered year, the department shall consult with the snowmobile recreational council on the proposed changes for the succeeding biennium in the appropriations and laws that affect snowmobiles and snowmobiling.
2.
A member of the snowmobile recreational council may submit before August 1 of the even-numbered year his or her written comments on the proposed changes specified in subd. 1. to the secretary of natural resources.
(b)
The secretary of natural resources shall submit any written comments that the secretary receives under par. (a) 2. to the natural resources board and to the secretary of administration with the department's submission of its budget report under s. 16.42.
(c)
Before March 1 of each odd-numbered year, the snowmobile recreational council shall meet and review the provisions that are included in the executive budget bill or bills and that affect snowmobiles and snowmobiling. A member of the snowmobile recreational council may submit his or her written comments on these provisions to the secretary of natural resources before March 10 of each odd-numbered year.
(d)
The secretary shall submit the written comments that he or she receives under par. (a) 2. or (c) before March 10 of the odd-numbered year to the cochairpersons of the joint committee on finance before March 15 of that odd-numbered year.
History:  1991 a. 39; 2013 a. 168.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.15 - Accidents and accident reports.

350.15
Accidents and accident reports.
(2)
Duty to render aid. Insofar as the operator is capable of doing, the operator of a snowmobile involved in a snowmobile accident shall render to other persons affected thereby such assistance as is practicable and necessary to save them from or minimize any danger caused by the accident and shall give his or her name and address and identification of his or her snowmobile to any person injured and to the owner of any property damaged in the accident.
(3)
Duty to report.
(a)
If a snowmobile accident results in the death of any person, or in an injury that requires the treatment of a person by a physician, the operator of each snowmobile involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and, within 10 days after the accident, shall file a written report of the accident with the department on the form prescribed by it.
(b)
If the operator of a snowmobile is physically incapable of making the report required by this subsection and there was another occupant on the snowmobile at the time of the accident capable of making the report that other occupant shall make such report.
(4)
Reports not used as evidence. No report required by this section to be filed with the department shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or a failure to comply with the requirement that such a report be made.
(5)
Investigations.
(a)
The department shall investigate any snowmobile accident that results in the death of any person.
(b)
The department may investigate any snowmobile accident that results in an injury that requires the treatment of a person by a physician.
(6)
Exception. This section does not apply to snowmobile accidents that occur during a sanctioned race or derby.
History:  1971 c. 277; 1983 a. 27; 1987 a. 403; 1989 a. 31; 1991 a. 316; 2003 a. 166.
Reports under sub. (3) are not confidential documents. 76 Atty. Gen. 56.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.155 - Coroners and medical examiners to report; require blood specimen.

350.155
Coroners and medical examiners to report; require blood specimen.
(1)
Every coroner or medical examiner shall on or before the 10th day of each month report in writing to the department the death of any person within the coroner's or medical examiner's jurisdiction during the preceding calendar month as the result of an accident involving a snowmobile and the circumstances of such accidents.
(2)
In cases of death involving a snowmobile in which the decedent died within 6 hours of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from the body of the decedent within 12 hours after death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of such physician. All funeral directors shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health services for analysis of the alcoholic content of such blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health services. The department of health services shall keep a record of all such examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the department of health services. The department shall reimburse coroners and medical examiners for the costs incurred in submitting reports and taking blood specimens and laboratories for the costs incurred in analyzing blood specimens under this section.
History:  1973 c. 298; 1975 c. 39 s. 732 (2); 1975 c. 199; 1983 a. 485; 1991 a. 316; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.17 - Enforcement.

350.17
Enforcement.
(1)
Any officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), warden of the department under s. 23.10, county sheriff or municipal peace officer may enforce the provisions of this chapter.
(2)
No person operating a snowmobile shall 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).
(3)
Notwithstanding subs. (1) and (2), no law enforcement officer may stop a snowmobile operator for a violation of a statutory provision under this chapter or a rule promulgated or an ordinance adopted under this chapter unless the law enforcement officer has reasonable cause to believe the snowmobile operator has committed such a violation.
History:  1971 c. 277; 1989 a. 31; 2007 a. 27.
Cross-reference:  See s. 23.50 concerning enforcement procedures.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.18 - Local ordinances.

350.18
Local ordinances.
(1)
Counties, towns, cities and villages may regulate snowmobile operation on snowmobile trails maintained by or on snowmobile routes designated by the county, city, town or village.
(2)
Any county, town, city or village may enact an ordinance that is in strict conformity with ss. 350.02 to 350.05, 350.07 to 350.107, 350.11, 350.12, 350.13, 350.135, 350.15 to 350.17, 350.19 and 350.99.
(3)
(a)
A town, city or village may enact an ordinance allowing the operation of snowmobiles on a roadway and shoulder of a highway for any portion of a highway that lies within the boundaries of the town, city or village for the purpose of residential access, or for the purpose of access from lodging if the town, city or village also enacts or has in effect an ordinance for the purpose of residential access.
(b)
The department and the snowmobile recreational council shall jointly prepare a model ordinance as an example of an ordinance that a town, city or village may enact under par. (a).
History:  1971 c. 277; 1991 a. 39, 269; 1993 a. 436; 1995 a. 61.
Cross-reference:  See s. 23.50 concerning enforcement procedures.
2023 Wisconsin Statutes & Annotations › Chapter 350 - Snowmobiles. › 350.99 - Parties to a violation.

350.99
Parties to a violation.
(1)
Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
(2)
A person is concerned in the commission of the violation if the person:
(a)
Directly commits the violation;
(b)
Aids and abets the commission of it; or
(c)
Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 351 - Habitual traffic offenders. › 351.01 - Declaration of intent.

351.01
Declaration of intent.
The legislature intends by enacting this chapter:
(1)
To provide maximum safety for all users of the highways of this state.
(2)
To deny the privilege of operating motor vehicles to persons who by their conduct and record have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws, courts and administrative agencies of this state.
(3)
To discourage repetition of traffic violations by individuals against the peace and dignity of this state and its political subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual traffic offenders who have been convicted repeatedly of traffic law violations.
History:  1979 c. 333.
Ch. 351 is constitutional. State v. Strassburg, 120 Wis. 2d 30, 352 N.W.2d 215 (Ct. App. 1984).
2023 Wisconsin Statutes & Annotations › Chapter 351 - Habitual traffic offenders. › 351.025 - Revocation.

351.025
Revocation.
(1)
The secretary shall revoke a person's operating privilege for a period of 5 years upon receipt of a record of conviction which brings the person within the definition of a habitual traffic offender or repeat habitual traffic offender.
(2)
The revocation is effective on the date the department mails the notice of revocation.
History:  1985 a. 71; 1999 a. 9.
There is no discretion in the administration of this chapter. State v. Strassburg, 120 Wis. 2d 30, 352 N.W.2d 215 (Ct. App. 1984).
A traffic violator has no due process right to be informed of the collateral consequences of being classified a habitual offender because of a plea to the underlying traffic offense. State v. Madison, 120 Wis. 2d 150, 353 N.W.2d 835 (Ct. App. 1984).
2023 Wisconsin Statutes & Annotations › Chapter 351 - Habitual traffic offenders. › 351.027 - Hearing on revocations.

351.027
Hearing on revocations.
(1)
Whenever the secretary under authority of s. 351.025 revokes a person's operating privilege, the secretary shall immediately notify the person in writing of the revocation and of the person's right to a hearing on the revocation as provided in sub. (2). The department shall send the notice by 1st class mail to the address most recently provided to the department by the person.
(2)
If the person denies that he or she is a habitual traffic offender or repeat habitual traffic offender, the person may file with the circuit court for the county in which the person resides or, in the case of a nonresident, with the circuit court for Dane County a petition for a hearing and determination by the court that the person is not a habitual traffic offender or repeat habitual traffic offender. The scope of the hearing shall be limited to whether or not the person is the same person named in the record and whether or not the person was convicted of each offense shown by the record. The clerk of the court in which the petition is filed shall forward a copy of the petition to the secretary.
History:  1985 a. 71.
2023 Wisconsin Statutes & Annotations › Chapter 351 - Habitual traffic offenders. › 351.03 - Secretary to certify copy of conviction record.

351.03
Secretary to certify copy of conviction record.
Upon receipt of the copy of the petition under s. 351.027, the secretary shall certify the record of conviction of any person whose record brings him or her within the definition of a habitual traffic offender or repeat habitual traffic offender to the court and to the district attorney of the county in which the person resides or to the attorney general if the person is not a resident of this state. The certified record shall be prima facie evidence that the person named therein was duly convicted by the court wherein the conviction or finding was made, of each offense shown by the record. If the person denies any of the facts as stated in the record, he or she shall have the burden of proving that the fact is false.
History:  1979 c. 333; 1983 a. 525; 1985 a. 71.
2023 Wisconsin Statutes & Annotations › Chapter 351 - Habitual traffic offenders. › 351.04 - District attorney or attorney general to represent secretary.

351.04
District attorney or attorney general to represent secretary.
The district attorney for the county in which the person resides who receives the certified copy of record from the secretary under s. 351.03 shall represent the secretary at the hearing under s. 351.027. In the case of nonresidents, the attorney general shall represent the secretary at the hearing.
History:  1979 c. 333; 1985 a. 71.