Chapter 167

167.31(4)(fm) (fm) Subsection (2) (d) does not prohibit the department of natural resources, acting under s. 29.885, or an agent of a city, village, town, or county authorized by the department of natural resources under s. 29.885 from discharging a firearm or airgun within 50 feet of the center of a roadway in order to dispose of a beaver or muskrat that is causing damage to a highway in which the roadway is located if the discharge does not pose a risk to public safety.

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 or airgun in the direction of a transmission facility:

167.31(4)(h)1. 1. A member of the armed forces in the line of duty.

167.31(4)(h)2. 2. A member of the national guard in the line of duty.

167.31(4)(h)3. 3. A peace officer in the line of duty.

167.31(4)(h)4. 4. A private security person who meets all of the requirements under par. (a) 4.

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(4)(j) (j) Subsection (2) (b) and (c) does not apply to a person legally hunting from a stationary motor vehicle if the person is hunting from a part of the vehicle or a piece of equipment attached to the vehicle that is raised by mechanical means not fewer than 5 feet above the ground or above the lowered resting position of the part or piece of equipment, whichever is higher.

167.31(4)(k) (k) Subsection (2) does not apply to designated personnel at a public-use airport, as defined in s. 114.002 (18m), or an airport under the exclusive control of the national guard or U.S. department of defense, for the purposes of nuisance wildlife management and control when authorized by state or federal permits. “Designated personnel” includes any person who is acting within the scope of his or her employment or employer and who is an employee or contractor of the airport or the local government that operates the airport or a federal employee or agent.

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) (5) Weapons surcharge.

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 percent 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; 2017 a. 171; 2019 a. 11, 98; 2021 a. 62; 2021 a. 238 s. 44; 2023 a. 51, 115.

167.31 Cross-reference Cross-reference: See also ss. NR 10.001, 10.05, and 10.07, Wis. adm. code.

167.31 Annotation Sub. (2) (b) and s. 941.23 (2) are not in conflict. The defendant could have complied with both by either obtaining a license to carry a concealed weapon under s. 175.60 or by placing the loaded handgun out of reach. State v. Grandberry, 2018 WI 29, 380 Wis. 2d 541, 910 N.W.2d 214, 16-0173.

167.32 167.32 Safety at sporting events.

167.32(1) (1) Definitions. In this section:

167.32(1)(a) (a) “Alcohol beverages” means fermented malt beverages and intoxicating liquor.

167.32(1)(b) (b) “Facility” means building or stadium.

167.32(1)(c) (c) “Fermented malt beverages” has the meaning designated in s. 125.02 (6).

167.32(1)(d) (d) “Intoxicating liquor” has the meaning designated in s. 125.02 (8).

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) (2) Body passing.

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) (4) Alcohol consumption.

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(5) (5) Forfeiture. Any person who violates sub. (2), (3) or (4) shall forfeit $50.

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.

167.33 167.33 Alpine sports.

167.33(1) (1) Definitions. In this section:

167.33(1)(ac) (ac) “Affiliate” means:

167.33(1)(ac)1. 1. With respect to a partnership, each partner thereof.

167.33(1)(ac)2. 2. With respect to a limited liability company, each member thereof.

167.33(1)(ac)3. 3. With respect to a corporation, each officer, director, principal stockholder, and controlling member thereof.

167.33(1)(ag) (ag) “Alpine sport” means skiing, sledding, biking, or tubing.

167.33(1)(ar) (ar) “Biking” means riding a bicycle within a ski area after purchasing or receiving a ticket, pass, or license from the ski area operator.

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 alpine sports. “Competition” includes training sessions for such an event.

167.33(1)(dm) (dm) “Freestyle terrain” means an area that includes half-pipes, terrain parks, terrain gardens, freestyle courses, or other terrain features. Freestyle terrain does not include an area groomed with natural and man-made surface variations to aid new skiers in learning to ski or natural or man-made mogul fields.

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 alpine sports at a ski area.

167.33(1)(g) (g) “Participant in an alpine sport” means an individual who has a pass or ticket to engage in an alpine sport and who is engaged in an alpine sport or is walking or otherwise traveling within a ski area for purposes of engaging in the sport. “Participant in an alpine sport” also means an individual who is present at a ski area to observe others engaged in an alpine sport or who is a passenger on a lift. “Participant in an alpine 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 alpine 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, ski biking, telemarking, snowshoeing, or snowboarding.

167.33(1)(m) (m) “Sledding” means sliding down a prepared course on sleds, toboggans, 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)(om) (om) “Terrain features” means man-made features that include boxes, jumps, hits, jibs, rails, rollers, half pipes, picnic tables, logs, and pipes.

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 alpine sports. For purposes of this section, conditions and risks consist of all of the following:

167.33(2)(a) (a) Changes in weather or visibility.

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, mud, loose dirt, cuts, rocks, boulders, water, puddles, creeks, streams, cliffs, drop-offs, or tracks from foot traffic or 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 alpine 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 of freestyle terrain.

167.33(3) (3) Duties of ski area operators; signage; notice.

167.33(3)(a) (a) Notice on tickets required. Except as provided in par. (am), each ski area operator shall print on each ticket or season pass that it issues to participants in alpine sports the following warning:

“WARNING: Under Wisconsin law, each participant in an alpine 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 an alpine sport, has a number of duties that must be met while engaging in an alpine 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)(am) (am) Exemption. A ski area operator may sell, distribute, and use tickets or season passes printed before March 2, 2016, until its stock of those tickets or passes are exhausted. A ski area operator that sells, distributes, or uses such tickets or passes shall post a notice at each location where the tickets or passes are sold, distributed, or used that informs each recipient of the ticket or pass that he or she is engaging in an alpine sport, as defined in s. 167.33 (1) (ag), and that the definition for snow sport, as used on the ticket or pass, has been amended. The notice shall indicate that a complete copy of s. 167.33 is available for review at the main site where the ski area operator sells tickets.

167.33(3)(b) (b) Signs required; generally. Each ski area operator shall post and maintain the following signs:

167.33(3)(b)1. 1. 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 alpine sports, and at or near each area open to sledding, biking, 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 an alpine 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 an alpine 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)(b)2. 2. A sign that is at least 3 square feet in size at or near each of the sites where tickets to the ski area are sold that contains the words: “Helmets are recommended” or “Consider wearing a helmet.”

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:

167.33(3)(d)1. 1. Obey all posted warnings and signs.

167.33(3)(d)2. 2. Keep off of closed trails and out of closed areas.

167.33(3)(d)3. 3. Know the range of his or her ability and engage in skiing or sledding within that ability.

167.33(3)(d)4. 4. Assess the difficulty of the trails and terrains that are open to skiing or sledding.

167.33(3)(d)5. 5. Maintain control of his or her speed and direction.

167.33(3)(d)6. 6. Be able to stop or avoid other individuals or objects.