In this chapter:

Terms Used In Wisconsin Statutes 350.01

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Highway: includes all public ways and thoroughfares and all bridges upon the same. See Wisconsin Statutes 990.01
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Property: includes real and personal property. See Wisconsin Statutes 990.01
  • Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
  • Village: means incorporated village. See Wisconsin Statutes 990.01
   (1g)   “Alcohol beverages” has the meaning designated in s. 125.02.
   (1h)   “Alcohol concentration” has the meaning given in s. 340.01 (1v).
   (1i)   “Approved public treatment facility” has the meaning specified under s. 51.45 (2) (c).
   (1r)   “Board” means the natural resources board.
   (2)   “Controlled substance” has the meaning designated in s. 961.01 (4).
   (2d)   “Controlled substance analog” has the meaning given in s. 961.01 (4m).
   (3)   “Department” means the department of natural resources.
   (3m)   “Drug” has the meaning specified in s. 450.01 (10).
   (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.
   (6)   “Headlamp” has the meaning designated in s. 340.01 (21).
   (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.
   (7)   “Highway” has the meaning designated in s. 340.01 (22).
   (8)   “Hours of darkness” has the meaning designated in s. 340.01 (23).
   (8m)   “Immediate family” means persons who are related as spouses, as siblings or as parent and child.
   (9)   “Intoxicant” means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog or other drug, or any combination thereof.
   (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.
   (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.
   (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).
   (9m)   “Lodging establishment” means any of the following:
      (a)    A bed and breakfast establishment, as defined in s. 97.01 (1g).
      (b)    A hotel, as defined in s. 97.01 (7).
      (c)    A tourist rooming house, as defined in s. 97.01 (15k).
      (d)    A campground.
   (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.
   (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.
   (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.
   (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).
   (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.
   (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.
   (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.
   (10r)   “Refusal law” means s. 350.104 (5) or a local ordinance in conformity therewith.
   (10t)   “Registration document” means a snowmobile registration certificate, a temporary operating receipt, or a registration decal.
   (10v)   “Restricted controlled substance” means any of the following:
      (a)    A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.
      (b)    A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in par. (a).
      (c)    Cocaine or any of its metabolites.
      (d)    Methamphetamine.
      (e)    Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person’s blood.
   (11)   “Roadway” has the meaning designated in s. 340.01 (54).
   (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.
   (12)   “Snowmobile” has the meaning designated in s. 340.01 (58a).
   (13)   “Snowmobile dealer” means any person engaged in the sale of snowmobiles for a profit at wholesale or retail.
   (13m)   “Snowmobile distributor” means a person who sells or distributes snowmobiles to snowmobile dealers or who maintains distributor representatives.
   (14)   “Snowmobile manufacturer” means any person engaged in the manufacture of snowmobiles for sale to the public.
   (15)   “Snowmobile renter” means any person engaged in the rental or leasing of snowmobiles to the public.
   (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.
   (17)   “Snowmobile trail” means a marked corridor on public property 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.
   (18)   “State trunk highway” has the meaning designated in s. 340.01 (60).
   (19)   “Street” has the meaning designated in s. 340.01 (64).
   (20)   “Tail lamp” has the meaning designated in s. 340.01 (66).
   (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.
   (21)   “Test facility” means a test facility or agency prepared to administer tests under s. 343.305 (2).