23.33(1)

(1) Definitions. As used in this section:

23.33(1)(bp)

(bp) “All-terrain vehicle manufacturer” means a person engaged in the manufacture of all-terrain vehicles for sale to the public.

23.33(1)(jo)5.

5. Delta-9-tetrahydrocannabinol.

23.33(2g)(e)

(e) Reports; records; tax collection.

23.33(2m)(a)2.

2. Rent or lease an all-terrain vehicle to a person under 16 years of age.

23.33(3g)(b)

(b) The person is traveling for the purposes of hunting or fishing and is at least 12 years of age.

23.33(4)

(4) Operation on or near highways.

23.33(4z)

(4z) Public education program.

23.33(5)

(5) Age restrictions; safety certification program.

23.33(5m)(b)

(b) To be eligible for a grant under this subsection, an organization shall meet all of the following requirements:

23.33(5m)(c)1.

1. Collecting data on the recreational operation of all-terrain vehicles off the highways.

23.33(11p)(a)5.

5. “Municipality” means a city, village, or town.

23.33(11p)(a)6.f.

f. A brake light.

23.33(11p)(a)6.k.

k. A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.

23.33(1)(jo)4.

4. Methamphetamine.

23.33(1)(bd)

(bd) “All-terrain vehicle dealer” means a person engaged in the sale of all-terrain vehicles for a profit at wholesale or retail.

23.33(3g)(c)

(c) The all-terrain vehicle is being operated for an agricultural purpose.

23.33(3g)(a)

(a) The person is at least 18 years of age.

23.33(3g)(d)

(d) The all-terrain vehicle is being operated by a person on land under the management and control of the person’s immediate family.

23.33

23.33 All-terrain vehicles.

23.33(1)(a)

(a) “Accompanied” means being subject to continuous verbal direction or control.

23.33(1)(bc)

(bc) “All-terrain vehicle club” means a club consisting of individuals that promotes the recreational use of all-terrain vehicles.

23.33(4)(c)

(c) Exceptions; municipal, state and utility operations; races and derbies; land surveying operations.

23.33(4)(d)

(d) Operation on roadway. A person may operate an all-terrain vehicle on the roadway portion of any highway only in the following situations:

23.33(1)(bt)

(bt) “All-terrain vehicle renter” means a person engaged in the rental or leasing of all-terrain vehicles to the public.

23.33(1)(ag)

(ag) “Agricultural purpose” means a purpose related to beekeeping, operating commercial feedlots, dairying, egg production, floriculture, fish or fur farming, forest and game management, grazing, livestock raising, operating orchards, plant greenhouses or nurseries, poultry raising, raising grain, grass, mint or seed crops, sod farming or raising fruits, nuts, berries or vegetables.

23.33(1)(am)

(am) “Alcohol beverages” has the meaning specified under § 125.02 (1).

23.33(1)(ar)

(ar) “Alcohol concentration” has the meaning given in § 340.01 (1v).

23.33(1)(b)

(b) “All-terrain vehicle” has the meaning specified under § 340.01 (2g).

23.33(1)(bh)

(bh) “All-terrain vehicle distributor” means a person who sells or distributes all-terrain vehicles to all-terrain vehicle dealers or who maintains distributor representatives.

23.33(1)(c)

(c) “All-terrain vehicle route” means a highway or sidewalk designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized under this section.

23.33(1)(d)

(d) “All-terrain vehicle trail” means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways that are seasonally not maintained for motor vehicle traffic.

23.33(1)(dm)

(dm) “Approved public treatment facility” has the meaning specified under § 51.45 (2)(c).

23.33(1)(e)

(e) “Controlled substance” has the meaning specified under § 961.01 (4).

23.33(2)

(2) Registration.

23.33(2)(b)

(b) Exemptions. An all-terrain vehicle is exempt from registration if it is:

23.33(2)(b)2m.

2m. Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply:

23.33(1)(f)

(f) “Controlled substance analog” has the meaning given in § 961.01 (4m).

23.33(1)(h)

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

23.33(1)(i)

(i) “Intoxicant” means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

23.33(1)(ic)

(ic) “Intoxicated operation of an all-terrain vehicle law” means sub. (4c) or a local ordinance in conformity therewith or, if the operation of an all-terrain vehicle is involved, § 940.09 or 940.25.

23.33(1)(id)

(id) “Lac du Flambeau band” means the Lac du Flambeau band of Lake Superior Chippewa.

23.33(1)(ie)

(ie) “Lac du Flambeau reservation” means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

23.33(1)(if)

(if) “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 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.

23.33(1)(ig)

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

23.33(1)(ir)

(ir) “Operate” means to exercise physical control over the speed or direction of an all-terrain vehicle or to physically manipulate or activate any of the controls of an all-terrain vehicle necessary to put it in motion.

23.33(1)(it)

(it) “Operation” means the exercise of physical control over the speed or direction of an all-terrain vehicle or the physical manipulation or activation of any of the controls of an all-terrain vehicle necessary to put it in motion.

23.33(1)(iw)

(iw) “Operator” means a person who operates an all-terrain vehicle, who is responsible for the operation of an all-terrain vehicle or who is supervising the operation of an all-terrain vehicle.

23.33(1)(j)

(j) “Owner” means a person who has lawful possession of an all-terrain vehicle by virtue of legal title or equitable interest in the all-terrain vehicle which entitles the person to possession of the all-terrain vehicle.

23.33(1)(jn)

(jn) “Registration documentation” means an all-terrain vehicle registration certificate, a validated registration receipt, or a registration decal.

23.33(1)(jo)

(jo) “Restricted controlled substance” means any of the following:

23.33(1)(jo)3.

3. Cocaine or any of its metabolites.

23.33(1)(je)

(je) “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.

23.33(1)(jm)

(jm) “Refusal law” means sub. (4p) (e) or a local ordinance in conformity therewith.

23.33(1)(jo)1.

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

23.33(1)(jo)2.

2. A controlled substance analog, as defined in § 961.01 (4m), of a controlled substance described in subd. 1.

23.33(1)(jp)

(jp) “Small all-terrain vehicle” means an all-terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 90 cubic centimeters or an equivalent power unit.

23.33(1)(jq)

(jq) “Snow removal device” means an attachment designed and installed for the purpose of removing snow. An attachment under this paragraph may be a plow blade, blower, bucket, or brush.

23.33(1)(js)

(js) “Test facility” means a test facility or agency prepared to administer tests under § 343.305 (2).

23.33(1)(n)

(n) “Used exclusively on private property” means use of an all-terrain vehicle by the owner of the all-terrain vehicle or a member of his or her immediate family only on land owned or leased by the all-terrain vehicle owner or a member of his or her immediate family.

23.33(1)(o)

(o) “Validated registration receipt” means a receipt issued by the department or an agent under sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate has been submitted to the department.

23.33(2)(b)1.

1. Owned by the United States, another state or a political subdivision thereof, but the exterior of the all-terrain vehicle shall display in a visible manner the name of the owner.

23.33(2)(b)2.

2. Covered by a valid registration in another state, province or country if there is some identification of registration displayed on the all-terrain vehicle and it has not been in this state for more than 15 consecutive days.

23.33(2m)(a)

(a) No person who is engaged in the rental or leasing of all-terrain vehicles to the public may do any of the following:

23.33(2)(a)

(a) Requirement. No person may operate and no owner may give permission for the operation of an all-terrain vehicle within this state unless the all-terrain vehicle is registered for public use or for private use under this subsection or sub. (2g), is exempt from registration, or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3. No person may operate and no owner may give permission for the operation of an all-terrain vehicle on an all-terrain vehicle route or an all-terrain vehicle trail unless the all-terrain vehicle is registered for public use under this subsection or sub. (2g).

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 § 940.09 or 940.25 if the violation involves the operation of an all-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(2)(b)2m.a.

a. The registration program of the tribe or band is covered by an agreement under § 23.35.

23.33(2)(b)2m.b.

b. The all-terrain vehicle displays the registration decal required by the tribe or band.

23.33(2)(b)2m.c.

c. The all-terrain vehicle has not been, for more than 15 consecutive days, in that portion of this state that is outside the boundaries of the reservation where it is registered.

23.33(2)(b)3.

3. Used exclusively for racing on a raceway facility.

23.33(2)(b)3m.

3m. Present in this state, for a period not to exceed 15 days, and if it is used exclusively as part of an advertisement being made for the manufacturer of the all-terrain vehicle.

23.33(2)(b)4.

4. Owned by a political subdivision of the state and used for enforcement or emergency purposes.

23.33(2)(b)5.

5. Specified as exempt from registration by department rule.

23.33(2)(c)

(c) Registration; public use; fee. Any all-terrain vehicle may be registered for public use. The fee for the issuance or renewal of a registration certificate for public use is $30.

23.33(2)(d)

(d) Registration; private use; fee. An all-terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance of a registration certificate for private use is $15.

23.33(2)(dm)

(dm) Registration; commercial owner; fee.

23.33(2)(dm)1.

1. Every person who is an all-terrain vehicle manufacturer, all-terrain vehicle dealer, all-terrain vehicle distributor or all-terrain vehicle renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial all-terrain vehicle certificate.

23.33(2)(dm)2.

2. The fee for the issuance or renewal of a commercial all-terrain vehicle certificate is $90. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial all-terrain vehicle certificate and 3 reflectorized plates. The fee for additional reflectorized plates is $30 per plate.

23.33(2)(dm)3.

3. A person who is required to obtain a commercial all-terrain vehicle certificate under subd. 1. shall attach in a clearly visible place a reflectorized plate to any all-terrain vehicle that the person leases, rents, offers for sale or otherwise allows to be used whenever the all-terrain vehicle is being operated.

23.33(2)(dm)4.

4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle certificates or reflectorized plates.

23.33(2)(f)

(f) Effective periods; public use.

23.33(2)(gm)

(gm) Effective period; commercial owners.

23.33(2)(e)

(e) Other fees. The fee for the transfer of an all-terrain vehicle registration certificate is $5. The fee for the issuance of a duplicate all-terrain vehicle registration certificate, duplicate commercial all-terrain vehicle certificate or duplicate registration decals is $5. The fee for the issuance of registration decals to a county or municipality is $5. There is no fee for the issuance of registration decals to the state.

23.33(2)(f)1.

1. Except as provided under subd. 2., an all-terrain vehicle public-use registration certificate is valid for a 2-year period.

23.33(2)(f)2.

2. The department may specify by rule an annual expiration date for all-terrain vehicle registrations and may reduce the effective period of a registration so it expires on that date.

23.33(2)(g)

(g) Effective period; private use. An all-terrain vehicle private-use registration certificate is valid from the date of issuance until ownership of the all-terrain vehicle is transferred.

23.33(2)(gm)1.

1. Except as provided under subd. 2., a commercial all-terrain vehicle certificate is valid for a 2-year period.

23.33(2)(gm)2.

2. The department may specify by rule an annual expiration date for commercial all-terrain vehicle certificates and may reduce the effective period of a commercial all-terrain vehicle certificate so it expires on that date.

23.33(2)(i)

(i) Registration; issuers. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:

23.33(2)(i)1.

1. Directly issue, transfer, or renew the registration documentation with or without using the service specified in par. (ig) 1.

23.33(2)(i)3.

3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation using either or both of the services specified in par. (ig) 1.

23.33(2)(ig)

(ig) Registration; methods of issuance.

23.33(2)(ig)1.

1. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following procedures to be provided by the department and any agents appointed under par. (i) 3.:

23.33(2)(ig)1.a.

a. A procedure under which the department or an agent appointed under par. (i) 3. accepts applications for registration documentation and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.

23.33(2)(ig)1.b.

b. A procedure under which the department or agent may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.

23.33(2)(ig)2.

2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the all-terrain vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under subd. 1. b. shall include at least one registration decal.

23.33(2)(ir)

(ir) Registration; supplemental fees.

23.33(2)(ir)1.

1. In addition to the applicable fee under para. (c), (d), or (e), each agent appointed under par. (i) 3. shall collect a service fee of $3 each time the agent issues a validated registration receipt under par. (ig) 1. a. The agent shall retain the entire amount of each service fee the agent collects.

23.33(2)(o)

(o) Receipt of fees. All fees remitted to or collected by the department under para. (ir) shall be credited to the appropriation account under § 20.370 (9)(hu).

23.33(2)(p)

(p) Rules.

23.33(2)(p)1.

1. The department may promulgate rules to establish eligibility and other criteria for the appointment of agents under par. (i) 3. and to regulate the activities of these agents.

23.33(2)(p)2.

2. The department may establish by rule additional procedures and requirements for all-terrain vehicle registration.

23.33(2g)

(2g) Lac du Flambeau band registration program.

23.33(2g)(b)

(b) Requirements for issuance; fees; effective periods.

23.33(2g)(c)

(c) Requirements for registration applications and decals.

23.33(2g)(d)

(d) Registration information. The Lac du Flambeau band shall provide registration information to the state in one of the following ways:

23.33(2)(ir)2.

2. In addition to the applicable fee under para. (c), (d), or (e), the department or the agent appointed under par. (i) 3. shall collect a service fee of $5 each time the service under par. (ig) 1. b. is provided. The agent shall remit to the department $1 of each service fee the agent collects.

23.33(2g)(a)

(a) Authorization for issuance. The Lac du Flambeau band may issue registration certificates for public use or private use for all-terrain vehicles that are equivalent to the registration certificates for public use or private use that are issued by the department. The Lac du Flambeau band may renew and transfer a registration certificate that it or the department has issued. The Lac du Flambeau band may issue duplicates of only those registration certificates that it issues under this subsection.

23.33(2g)(b)1.

1. For issuing or renewing a registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent registration certificate under sub. (c) and (d). For transferring a registration certificate or issuing a duplicate registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent service under sub. (e).

23.33(2g)(b)2.

2. The Lac du Flambeau band may not issue, renew or otherwise process registration certificates under this subsection in conjunction with discount coupons or as part of a promotion or other merchandising offer.

23.33(2g)(b)3.

3. For a registration certificate issued, transferred or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under sub. (2) (f) 1. or (g) or under a rule promulgated under sub. (2) (f) 2.

23.33(2g)(b)4.

4. The Lac du Flambeau band may issue, renew or otherwise process registration certificates under this subsection only to applicants who appear in person on the Lac du Flambeau reservation.

23.33(2g)(f)1.

1. The manner in which the Lac du Flambeau band will limit its treaty-based right to fish outside the Lac du Flambeau reservation.

23.33(2j)

(2j) Nonresident trail passes.

23.33(2j)(f)

(f)

23.33(2m)

(2m) Rental of all-terrain vehicles.

23.33(2g)(c)1.

1. The Lac du Flambeau band shall use registration applications and registration certificates that are substantially similar to those under sub. (2) with regard to length, legibility and information content.

23.33(2g)(c)2.

2. The Lac du Flambeau band shall use registration decals that are substantially similar to those under sub. (2) with regard to color, size, legibility, information content and placement on the all-terrain vehicle.

23.33(2g)(c)3.

3. The Lac du Flambeau band shall use a sequential numbering system that includes a series of letters or initials that identify the Lac du Flambeau band as the issuing authority.

23.33(2g)(d)1.

1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described in par. (f), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.

23.33(2g)(d)2.

2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.

23.33(2g)(e)1.

1. Before June 1 annually, the Lac du Flambeau band shall submit a report to the department notifying it of the number of each type of registration certificate that the Lac du Flambeau band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

23.33(2g)(e)2.

2. For law enforcement purposes, the Lac du Flambeau band shall make available for inspection by the department during normal business hours the Lac du Flambeau band’s records of all registration certificates issued, renewed or otherwise processed under this subsection, including copies of all applications made for certificates.

23.33(2g)(e)3.

3. The Lac du Flambeau band shall ensure that the record of each registration certificate issued, renewed or otherwise processed under this subsection, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.

23.33(2g)(e)4.

4. The Lac du Flambeau band shall collect the sales and use taxes due under § 77.61 (1) on any all-terrain vehicle registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band shall pay to the department of revenue all taxes that the Lac du Flambeau band collected in the previous month.

23.33(2g)(f)

(f) Applicability. This subsection does not apply unless the department and the Lac du Flambeau band have in effect a written agreement under which the Lac du Flambeau band agrees to comply with pars. (a) to (e) and that contains all of the following terms:

23.33(3)

(3) Rules of operation. No person may operate an all-terrain vehicle:

23.33(3)(a)

(a) In any careless way so as to endanger the person or property of another.

23.33(2g)(f)2.

2. A requirement that the fees collected by the Lac du Flambeau band under par. (b) be used only for a program for registering all-terrain vehicles, for regulating all-terrain vehicles and their operation and for providing all-terrain vehicle trails and all-terrain vehicle facilities.

23.33(2j)(a)

(a) In this subsection, “public all-terrain vehicle corridor” means an all-terrain vehicle trail or other established all-terrain vehicle corridor that is open to the public but does not include an all-terrain vehicle route.

23.33(2j)(b)

(b) Except as provided in par. (e), no person may operate an all-terrain vehicle on a public all-terrain vehicle corridor in this state unless a nonresident trail pass issued under this subsection is displayed on the all-terrain vehicle.

23.33(2j)(c)

(c) The fee for a nonresident trail pass issued for an all-terrain vehicle that is exempt from registration under sub. (2) (b) 2. is $34.25. A nonresident trail pass issued for such an all-terrain vehicle may be issued only by the department and persons appointed by the department and expires on June 30 of each year.

23.33(2j)(d)

(d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle that is registered under sub. (2g) or § 23.35. The department or Indian tribe or band shall issue a nonresident trail pass for such an all-terrain vehicle when it issues the registration certificate for the all-terrain vehicle. The department shall provide Indian tribes or bands that register all-terrain vehicles under sub. (2g) or § 23.35 with a supply of trail passes.

23.33(2j)(f)1.

1. The department may appoint any person who is not an employee of the department as the department’s agent to issue nonresident trail passes and collect the fees for these passes.

23.33(2j)(f)2.

2. Any person, including the department, who issues a nonresident trail pass shall collect in addition to the fee under par. (c) an issuing fee of 75 cents. An agent appointed under subd. 1. may retain 50 cents of the issuing fee to compensate the agent for the agent’s services in issuing the pass.

23.33(2j)(f)3.

3. The department shall establish, by rule, procedures for issuing nonresident trail passes, and the department may promulgate rules regulating the activities of persons who are appointed to be agents under this paragraph.

23.33(11p)(a)6.g.

g. Two headlights.

23.33(11p)(a)6.h.

h. A width of not more than 65 inches.

23.33(11p)(a)6.i.

i. Seats for at least 2 occupants, all of which seating is designed not to be straddled.

23.33(2j)(e)

(e) An all-terrain vehicle that is registered under sub. (a) or that is exempt from registration under sub. (2) (b) 1., 3., 3m., or 4. is exempt from having a nonresident trail pass displayed as required under par. (b). The department may promulgate a rule to exempt all-terrain vehicles that are exempt from registration under sub. (2) (b) 5. from having nonresident trail passes displayed as required under par. (b) or may promulgate a rule to exempt owners of such all-terrain vehicles from having to pay any applicable nonresident trail pass fee.

23.33(2m)(a)1.

1. Rent or lease an all-terrain vehicle for operation by a person who will be operating an all-terrain vehicle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate an all-terrain vehicle.

23.33(2m)(a)3.

3. Rent or lease an all-terrain vehicle without first ascertaining that any person under the age of 18 who will be on the all-terrain vehicle has protective headgear of the type required under § 347.485 (1)(a).

23.33(2m)(b)

(b) A person who is engaged in the rental or leasing of all-terrain vehicles to the public shall have clean, usable protective headgear available for rent in sufficient quantity to provide headgear to all persons under the age of 18 who will be on all-terrain vehicles that the person rents or leases.

23.33(2m)(c)

(c) The department may promulgate rules to establish minimum standards for the instruction given under par. (a) 1.

23.33(3)(c)

(c) On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for all-terrain vehicle use.

23.33(3)(cm)

(cm) On public property that is posted as closed to all-terrain vehicle operation or on which the operation of an all-terrain vehicle is prohibited by law.

23.33(3)(d)

(d) On Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for all-terrain vehicle use.

23.33(3)(f)

(f) To drive or pursue any animal except as a part of normal farming operations involving the driving of livestock.

23.33(3)(g)

(g) When within 150 feet of a dwelling at a speed exceeding 10 miles per hour.

23.33(3)(i)

(i) In a manner which violates rules promulgated by the department.

23.33(3)(e)

(e) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case or unless the firearm is a handgun, as defined in § 175.60 (1)(bm), or any bow unless it is unstrung or enclosed in a carrying case.

23.33(3)(h)

(h) On the frozen surface of public waters within 100 feet of a person not in or on an all-terrain vehicle or motor vehicle or within 100 f