Chapter 23

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

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

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)(br)4. 4. The increased fines in this paragraph do not apply if the person convicted under sub. (4c) (a) 1. or 2. is subject to par. (bg).

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; 2013 a. 15, 20, 67, 83; 2013 a. 165 s. 114; 2013 a. 173, 224, 316; 2015 a. 55, 89, 170, 210; 2017 a. 59, 87, 161, 193, 365; 2019 a. 11, 68, 98, 183; 2021 a. 58, 70, 103, 164, 176; 2021 a. 240 s. 30; 2023 a. 19, 64, 67.

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.

23.335 23.335 Off-highway motorcycles.

23.335(1) (1) Definitions. In this section:

23.335(1)(a) (a) “Accompanied” has the meaning given in s. 23.33 (1) (a).

23.335(1)(b) (b) “Agricultural purpose” includes a purpose related to the transportation of farm implements, equipment, supplies, or products on a farm or between farms.

23.335(1)(c) (c) “Alcohol beverages” has the meaning specified under s. 125.02 (1).

23.335(1)(d) (d) “Alcohol concentration” has the meaning given in s. 340.01 (1v).

23.335(1)(dm) (dm) “All-terrain vehicle” has the meaning given in s. 340.01 (2g).

23.335(1)(e) (e) “All-terrain vehicle route” has the meaning given in s. 23.33 (1) (c).

23.335(1)(f) (f) “All-terrain vehicle trail” has the meaning given in s. 23.33 (1) (d).

23.335(1)(g) (g) “Approved public treatment facility” has the meaning specified under s. 51.45 (2) (c).

23.335(1)(gk) (gk) “Controlled substance” has the meaning given in s. 961.01 (4).

23.335(1)(gm) (gm) “Controlled substance analog” has the meaning given in s. 961.01 (4m).

23.335(1)(h) (h) “Electric personal assistive mobility device” has the meaning given in s. 340.01 (15pm).

23.335(1)(hh) (hh) “Electric scooter” has the meaning given in s. 340.01 (15ps).

23.335(1)(hm) (hm) “Hazardous inhalant” means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.

23.335(1)(i) (i) “Highway” has the meaning given in s. 340.01 (22).

23.335(1)(j) (j) “Immediate family” means persons who are related as spouses, who are related as siblings, or who are related as parent and child.

23.335(1)(k) (k) “Intoxicant” means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog, or other drug or any combination thereof.

23.335(1)(L) (L) “Intoxicated operation of an off-highway motorcycle law” means sub. (12) (a) or (b) or a local ordinance in conformity therewith or, if the operation of an off-highway motorcycle is involved, s. 940.09 or 940.25.

23.335(1)(m) (m) “Junked” means dismantled for parts or scrapped.

23.335(1)(n) (n) “Law enforcement officer” has the meaning given in s. 23.33 (1) (ig).

23.335(1)(o) (o) “Limited use off-highway motorcycle” means an off-highway motorcycle that is not registered by the department of transportation for use on highways.

23.335(1)(p) (p) “Local governmental unit” means a city, village, town, or county.

23.335(1)(q) (q) “Off-highway motorcycle” means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway. “Off-highway motorcycle” does not include an electric bicycle, as defined under s. 340.01 (15ph).

23.335(1)(qm) (qm) “Off-highway motorcycle association” means a club or other association consisting of individuals that promotes the recreational operation of off-highway motorcycles.

23.335(1)(r) (r) “Off-highway motorcycle club” means a club consisting of individuals that promotes use of off-highway motorcycles for recreational purposes off the highways within this state.

23.335(1)(s) (s) “Off-highway motorcycle corridor” means an off-highway motorcycle trail or other established off-highway motorcycle corridor that is open to the public for the operation of off-highway motorcycles for recreational purposes but does not include an off-highway motorcycle route.

23.335(1)(t) (t) “Off-highway motorcycle dealer” means a person who is engaged in this state in the sale of off-highway motorcycles for a profit at retail.

23.335(1)(u) (u) “Off-highway motorcycle route” means a highway or sidewalk designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.

23.335(1)(v) (v) “Off-highway motorcycle trail” means a marked corridor on public property or on private lands subject to public easement or lease, designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.

23.335(1)(y) (y) “Off the highways” means off-highway motorcycle corridors, off-highway motorcycle routes, and areas where operation is authorized under sub. (10) or (11).

23.335(1)(z) (z) “Operate” means to exercise physical control over the speed or direction of an off-highway motorcycle or to physically manipulate or activate any of the controls of an off-highway motorcycle necessary to put it in motion.

23.335(1)(zb) (zb) “Operation” means the exercise of physical control over the speed or direction of an off-highway motorcycle or the physical manipulation or activation of any of the controls of an off-highway motorcycle necessary to put it in motion.

23.335(1)(zc) (zc) “Operator” means a person who operates an off-highway motorcycle, who is responsible for the operation of an off-highway motorcycle, or who is supervising the operation of an off-highway motorcycle.

23.335(1)(zd) (zd) “Owner” means a person who has lawful possession of an off-highway motorcycle by virtue of legal title or an equitable interest in the off-highway motorcycle which entitles the person to possession of the off-highway motorcycle.

23.335(1)(zdm) (zdm) “Proof,” when used in reference to evidence of a registration document, safety certificate, nonresident trail pass, or temporary trail use receipt, means the original registration document, safety certificate, nonresident trail pass, or temporary trail use receipt issued by the department or an agent appointed under sub. (4) (f) 2. or (6) (e) 1. or any alternative form of proof designated by rule under s. 23.47 (1).

23.335(1)(ze) (ze) “Purpose of authorized analysis” means for the purpose of determining or obtaining evidence of the presence, quantity, or concentration of any intoxicant in a person’s blood, breath, or urine.

23.335(1)(zf) (zf) “Refusal law” means sub. (12) (h) or a local ordinance in conformity therewith.

23.335(1)(zg) (zg) “Registration document” means an off-highway motorcycle registration certificate, a temporary operating receipt, or a registration decal.

23.335(1)(zgm) (zgm) “Restricted controlled substance” means any of the following:

23.335(1)(zgm)1. 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

23.335(1)(zgm)2. 2. A controlled substance analog of a controlled substance described in subd. 1.

23.335(1)(zgm)3. 3. Cocaine or any of its metabolites.

23.335(1)(zgm)4. 4. Methamphetamine.

23.335(1)(zgm)5. 5. Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person’s blood.

23.335(1)(zi) (zi) “Snowmobile” has the meaning given in s. 340.01 (58a).

23.335(1)(zj) (zj) “Snowmobile route” has the meaning given in s. 350.01 (16).

23.335(1)(zk) (zk) “Snowmobile trail” has the meaning given in s. 350.01 (17).

23.335(1)(zkm) (zkm) “Temporary operating receipt” means a receipt issued by the department or an agent under sub. (4) (g) 1. a. that shows that an application and the required fees for a registration certificate have been submitted to the department or an agent appointed under sub. (4) (f) 2.

23.335(1)(zL) (zL) “Test facility” means a test facility or agency prepared to administer tests under s. 343.305 (2).

23.335(1)(zLm) (zLm) “Utility terrain vehicle” has the meaning given in s. 23.33 (1) (ng).

23.335(2) (2) Registration.

23.335(2)(a) (a) Requirement. No person may operate an off-highway motorcycle, and no owner may give permission for the operation of an off-highway motorcycle, off the highways unless the off-highway motorcycle is registered with the department under this section or is exempt from registration or the person operating the off-highway motorcycle holds a temporary operating receipt provided by an off-highway motorcycle dealer under sub. (3) (b).

23.335(2)(b) (b) Exemptions. An off-highway motorcycle is exempt from the registration requirement under par. (a) if any of the following applies:

23.335(2)(b)1. 1. The off-highway motorcycle is covered by a valid registration of a federally recognized American Indian tribe or band, and all of the following apply:

23.335(2)(b)1.a. a. The registration program of the tribe or band is covered by an agreement under s. 23.35.

23.335(2)(b)1.b. b. The off-highway motorcycle displays the registration decal required by the tribe or band.

23.335(2)(b)2. 2. The off-highway motorcycle displays a plate or sign attached in the manner authorized under sub. (5) (c).

23.335(2)(b)3. 3. The off-highway motorcycle will be operated exclusively in racing on a raceway facility or as part of a special off-highway motorcycle event as authorized under sub. (10) (b).

23.335(2)(b)4. 4. The off-highway motorcycle is present in this state, for a period not to exceed 15 days, and is used exclusively as part of an advertisement being made for the manufacturer of the off-highway motorcycle.

23.335(2)(b)5. 5. The off-highway motorcycle is specified as exempt from registration by department rule.

23.335(2)(c) (c) Weekend exemption. A person may operate an off-highway motorcycle off the highways in this state during the first full weekend in June of each year without registering the off-highway motorcycle as required under par. (a).

23.335(3) (3) Registration; application process.

23.335(3)(a) (a) Public or private use. Only the department may register off-highway motorcycles for off-highway operation. Any off-highway motorcycle may be registered for public use. An off-highway motorcycle may be registered for private use if the operation is limited to any of the following: