[HISTORY: Adopted by the Village Board of the Village of Siren 7-8-2021 by Ord. No. 2021-03.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 325 but was renumbered to maintain the alphabetical organization of the Code.
In this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ANIMAL
All vertebrate and invertebrate species, including but not limited to mammals, birds, reptiles, amphibians, fish and shellfish, or their eggs, larvae or young, but excluding humans.
AQUATIC ANIMAL
All animals that live in, on, or near the water. This includes all vertebrate and invertebrate species, including but not limited to reptiles, amphibians, fish and shellfish, or their eggs, larvae or young.
AQUATIC INVASIVE SPECIES
The meaning given in § NR 40.02(3m), Wis. Adm. Code, that aquatic invasive species are any invasive species that dwells in water or wetlands.
AQUATIC PLANT
A nonwoody submergent, emergent, free-floating, or floating-leaf plant that normally grows in or near water and includes any part thereof.
DECONTAMINATION
The process of removing invasive species, including aquatic invasive species, or materials that may contain or transmit any type of invasive species by disinfection or other methods.
DECONTAMINATION STATION
A device provided at a public or private lake access to remove all potential invasive species. The station may consist of high-temperature water (140º or more) applied with a pressure washer by trained personnel, a recommended chemical solution applied with a low-pressure sprayer, or other techniques or devices.
INVASIVE
All pathogens, plants, vertebrate and invertebrate species including zebra mussels, quagga mussels, rusty crayfish, spiny water fleas, or any other aquatic invasive species prohibited by the state.
INVASIVE SPECIES
The meaning given it in § 23.22(1)(c), Wis. Stats., and § NR 40.02(24), Wis. Adm. Code, where invasive species means nonnative species, including hybrid, cultivars, sub taxa, and genetically modified variants, whose introduction causes or is likely to cause economic or environmental harm or harm to human health, and includes individual species, eggs, larvae, seeds, propagules and other viable life stages of such species. For invasive fish, § NR 40.04(12a), Wis. Adm. Code, includes all nonnative species but excludes established nonnative fish species.
TERRESTRIAL PLANT
A plant that normally lives or grows on land and includes wetland species.
A. 
No person may operate a vehicle or transport any boat, boat trailer, personal watercraft and its associated trailer, canoe, kayak, or boating equipment, fishing equipment, hunting and/or trapping equipment (including but not limited to personal floatation devices, nets, anchors, fishing lines, decoys, and waders) from navigable waters onto a public roadway if aquatic plants, terrestrial plants, or aquatic animals are attached. All plants and aquatic animals shall be removed prior to entry onto a public roadway or launching a boat or placing equipment or trailers into navigable water.
B. 
If a decontamination station is available for use at a public or private access, the boater shall decontaminate per posted directions using the decontamination station provided.
C. 
This section shall not apply to bait used on that particular body of water in accordance with Department of Natural Resources rules and regulations.
Unless otherwise prohibited by law, a person may transport aquatic plants:
A. 
For disposal as part of a harvest or control activity conducted under an aquatic plant management permit.
B. 
When conducting an aquatic plant study for the purposes of vouchering specimens or conducting an education workshop.
C. 
When harvested for personal or commercial use, such as to be used as compost or mulch, and in a closed container.
A. 
If a watercraft, trailer, or plant-harvesting equipment is placed in waters in violation of this chapter, the owner or lessee of the watercraft, trailer, or plant-harvesting equipment shall pay a forfeiture in accordance with the penalty provisions of the Village Code. An owner or lessee may not be penalized as set forth in this subsection if either of the following apply:
(1) 
Another person was cited for or convicted of a violation of this chapter arising out of the same incident; or
(2) 
The watercraft, trailer or plant-harvesting equipment was stolen.
B. 
Subsection A of this section does not apply to a lessor of a watercraft, trailer, or plant-harvesting equipment if the lessor keeps a record of the name and address of the lessee and provides the same to law enforcement upon request.
C. 
Subsection A of this section does not prohibit or limit the prosecution of the operator of a watercraft, trailer, or plant-harvesting equipment for violations of this chapter.
A. 
Any person who violates a provision of this chapter shall be subject to a forfeiture plus court costs as follows:
(1) 
For the first offense, a forfeiture not to exceed $25 plus costs.
(2) 
For the second offense, a forfeiture of not less than $25 nor more than $100 plus costs.
(3) 
For the third and subsequent offenses, a forfeiture of not less than $100 nor more than $250 plus costs.
B. 
Each violation shall be considered a separate offense.
C. 
Legal action may be initiated against a violator by the issuance of a citation pursuant to § 66.0113(1)(a), Wis. Stats. This citation may be issued by any law enforcement officer.
D. 
The citation shall contain the minimum information required by the law enforcement agency in a manner that can be readily understood by a person making a reasonable effort to do so informing the alleged violator of their offense, court appearance, penalty amount and how payment may be issued and any other information deemed necessary.