Chapter 350

350.101   Intoxicated snowmobiling.

350.102   Preliminary breath screening test.

350.1025   Application of intoxicated snowmobiling law.

350.103   Implied consent.

350.104   Chemical tests.

350.106   Report arrest to department.

350.107   Officer’s action after arrest for operating a snowmobile while under influence of intoxicant.

350.108   Public education program.

350.11   Penalties.

350.115   Snowmobile registration restitution surcharge.

350.12   Registration of snowmobiles; trail use stickers.

350.122   Lac du Flambeau registration program.

350.125   Completion of application for registration by snowmobile dealers.

350.13   Uniform trail signs and standards.

350.135   Interferences with uniform trail signs and standards prohibited.

350.136   Signs that advertise nearby businesses.

350.137   Uniform snowmobile rail crossing standards.

350.138   Snowmobile rail crossings requiring permits.

350.139   Established snowmobile rail crossings.

350.1395   Snowmobile rail crossings; closing and removal; review of rail authorities; insurance rules.

350.14   Duties of snowmobile recreational council.

350.145   Recommendations of the snowmobile recreational council.

350.15   Accidents and accident reports.

350.155   Coroners and medical examiners to report; require blood specimen.

350.17   Enforcement.

350.18   Local ordinances.

350.19   Liability of landowners.

350.99   Parties to a violation.

350.01 350.01 Definitions. In this chapter:

350.01(1g) (1g) “Alcohol beverages” has the meaning designated in s. 125.02.

350.01(1h) (1h) “Alcohol concentration” has the meaning given in s. 340.01 (1v).

350.01(1i) (1i) “Approved public treatment facility” has the meaning specified under s. 51.45 (2) (c).

350.01(1r) (1r) “Board” means the natural resources board.

350.01(2) (2) “Controlled substance” has the meaning designated in s. 961.01 (4).

350.01(2d) (2d) “Controlled substance analog” has the meaning given in s. 961.01 (4m).

350.01(3) (3) “Department” means the department of natural resources.

350.01(3m) (3m) “Drug” has the meaning specified in s. 450.01 (10).

350.01(4) (4) “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.

350.01(6) (6) “Headlamp” has the meaning designated in s. 340.01 (21).

350.01(6m) (6m) “Headlamp barrier” means a fence, natural growth, difference in elevation or other means of restricting the view that users of an adjacent roadway have of headlamps on a snowmobile trail.

350.01(7) (7) “Highway” has the meaning designated in s. 340.01 (22).

350.01(8) (8) “Hours of darkness” has the meaning designated in s. 340.01 (23).

350.01(8m) (8m) “Immediate family” means persons who are related as spouses, as siblings or as parent and child.

350.01(9) (9) “Intoxicant” means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog or other drug, or any combination thereof.

350.01(9c) (9c) “Intoxicated snowmobiling law” means s. 350.101 (1) or a local ordinance in conformity therewith, s. 350.101 (2) or, if the operation of a snowmobile is involved, s. 940.09 or 940.25.

350.01(9e) (9e) “Land under the management and control of the person’s immediate family” means land owned or leased by the person or a member of the person’s immediate family and over which the owner or lessee has management and control. This term excludes land owned or leased by an organization of which the person or a member of the person’s immediate family is a member.

350.01(9g) (9g) “Law enforcement officer” has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1).

350.01(9m) (9m) “Lodging establishment” means any of the following:

350.01(9m)(a) (a) A bed and breakfast establishment, as defined in s. 97.01 (1g).

350.01(9m)(b) (b) A hotel, as defined in s. 97.01 (7).

350.01(9m)(c) (c) A tourist rooming house, as defined in s. 97.01 (15k).

350.01(9m)(d) (d) A campground.

350.01(9r) (9r) “Operate” means the exercise of physical control over the speed or direction of a snowmobile or the physical manipulation or activation of any of the controls of a snowmobile necessary to put it in motion. “Operate” includes the operation of a snowmobile.

350.01(9w) (9w) “Operator” means a person who operates a snowmobile, who is responsible for the operation of a snowmobile or who is supervising the operation of a snowmobile.

350.01(10) (10) “Owner” means a person who has lawful possession of a snowmobile by virtue of legal title or equitable interest therein which entitles the person to possession.

350.01(10b) (10b) “Proof,” when used in reference to evidence of a registration document, safety certificate, trail use sticker, or temporary trail use receipt, means the original registration document, safety certificate, trail use sticker, or temporary trail use receipt issued by the department or an agent appointed under s. 350.12 (3h) (a) 3. or (3j) (e) 1. or any alternative form of proof designated by rule under s. 23.47 (1).

350.01(10d) (10d) “Purpose of access from lodging” means for the purpose of traveling for the shortest distance that is necessary for a person operating the snowmobile to go between a lodging establishment and the snowmobile route or snowmobile trail that is closest to the lodging establishment.

350.01(10g) (10g) “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.

350.01(10m) (10m) “Purpose of residential access” means for the purpose of traveling for the shortest distance that is necessary for a person operating the snowmobile to go between a residence and the snowmobile route or snowmobile trail that is closest to that residence.

350.01(10r) (10r) “Refusal law” means s. 350.104 (5) or a local ordinance in conformity therewith.

350.01(10t) (10t) “Registration document” means a snowmobile registration certificate, a temporary operating receipt, or a registration decal.

350.01(10v) (10v) “Restricted controlled substance” means any of the following:

350.01(10v)(a) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

350.01(10v)(b) (b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in par. (a).

350.01(10v)(c) (c) Cocaine or any of its metabolites.

350.01(10v)(d) (d) Methamphetamine.

350.01(10v)(e) (e) Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person’s blood.

350.01(11) (11) “Roadway” has the meaning designated in s. 340.01 (54).

350.01(11m) (11m) “Sanctioned race or derby” means a competitive snowmobile event sponsored by a county, town, city or village, by a promoter, by a chamber of commerce or by a snowmobile club or other similar organization.

350.01(12) (12) “Snowmobile” has the meaning designated in s. 340.01 (58a).

350.01(13) (13) “Snowmobile dealer” means any person engaged in the sale of snowmobiles for a profit at wholesale or retail.

350.01(13m) (13m) “Snowmobile distributor” means a person who sells or distributes snowmobiles to snowmobile dealers or who maintains distributor representatives.

350.01(14) (14) “Snowmobile manufacturer” means any person engaged in the manufacture of snowmobiles for sale to the public.

350.01(15) (15) “Snowmobile renter” means any person engaged in the rental or leasing of snowmobiles to the public.

350.01(16) (16) “Snowmobile route” means a highway or sidewalk designated for use by snowmobile operators by the governmental agency having jurisdiction as authorized under this chapter.

350.01(17) (17) “Snowmobile trail” means a marked corridor on public property, in a highway right-of-way, or on private lands subject to public easement or lease, designated for use by snowmobile operators by the governmental agency having jurisdiction, but excluding highways except those highways on which the roadway is not normally maintained for other vehicular traffic by the removal of snow.

350.01(18) (18) “State trunk highway” has the meaning designated in s. 340.01 (60).

350.01(19) (19) “Street” has the meaning designated in s. 340.01 (64).

350.01(20) (20) “Tail lamp” has the meaning designated in s. 340.01 (66).

350.01(20m) (20m) “Temporary operating receipt” means a receipt issued by the department or an agent under s. 350.12 (3h) (ag) 1. a. that shows that an application and the required fee for a registration certificate has been submitted to the department.

350.01(21) (21) “Test facility” means a test facility or agency prepared to administer tests under s. 343.305 (2).

350.01 History History: 1971 c. 219, 277; 1973 c. 298; 1981 c. 79 s. 18; 1981 c. 295; 1983 a. 27 s. 2202 (38); 1983 a. 189, 459; 1985 a. 146 s. 8; 1985 a. 331, 332; 1987 a. 399; 1989 a. 51, 359; 1991 a. 39; 1995 a. 61, 436, 448; 1997 a. 34, 35, 248, 267; 1999 a. 9; 2001 a. 16, 56; 2003 a. 97; 2013 a. 83; 2015 a. 55, 89; 2019 a. 68; 2021 a. 103.

350.01 Cross-reference Cross-reference: See also s. NR 6.03, Wis. adm. code.

350.01 Annotation Operation under sub. (9r) does not include the act of sitting on a parked snowmobile with its engine off. Burg v. Cincinnati Casualty Insurance Co. 2002 WI 76, 254 Wis. 2d 36, 645 N.W.2d 880, 00-3258.

350.02 350.02 Operation of snowmobiles on or in the vicinity of highways.

350.02(1) (1) No person may operate a snowmobile upon any part of any freeway which is a part of the federal system of interstate and defense highways. No person may operate a snowmobile upon any part of any other freeway unless the department of transportation authorizes snowmobile use on that freeway.

350.02(2) (2) 

350.02(2)(a) (a) No person may operate a snowmobile on any highway except in the following manner or as otherwise authorized by law: