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Subdivision I
In General
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All ordinances, including but not limited to, Sections 20.20
through 20.22, inclusive, of the City's 1992 Code, are excepted from
this Code but saved from repeal.
[Code 1992, § 20.24]
(a)
No person shall build or maintain without a permit from the Council
any wharf, dock, boathouse, bathhouse or other structure or sign of
any kind upon the lake shore adjoining to or in front of any street,
park or public ground, either above or below the water mark, whether
resting on the ground or floating on the water, within the City.
(b)
Upon conviction of any person for violation of this section, the
Chief of Police shall cause the removal of such unlawful structure.
(c)
An application for a building permit for a proposed pier or wharf
on Geneva Lake shall be considered a special use and shall be submitted
to the Plan Commission for its approval before such permit is issued.
[Code 1992, § 20.28; Ord. No. 94-12, § I, 7-11-1994]
(a)
CANOE
DINGHY
FISHING BOAT
KAYAK
POWER BOAT
SAILBOAT
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
A light narrow boat with both ends sharp that is propelled
by one or two occupants with single-bladed paddles.
[Added 5-10-2010 by Ord. No. 10-06]
A small boat used as a tender or lifeboat.
[Added 2-28-2011 by Ord. No. 11-06]
Any motor-powered boat used and equipped primarily for fishing.
A covered canoe with an opening in the middle for an occupant
which is propelled by a double-bladed paddle.
[Added 5-10-2010 by Ord. No. 10-06]
Any boat more than 14 feet in length, propelled by a motor,
used and equipped primarily for pleasure boating or uses other than
fishing.
Any boat which is principally propelled by sails.
(b)
Maintenance by City; use fee. The City may maintain the launching
facility located on the shore of Geneva Lake at the south end of Center
Street and may charge a reasonable fee for the use of such launching
facility.
(c)
Rules for use and maintenance. Reasonable rules and regulations with
regard to use and maintenance of such launching facility shall be
made from time to time by the Council.
(d)
Number of daily launches. The number of boats to be launched daily
from the City controlled and operated boat launching site on Geneva
Lake shall not exceed that of available parking spaces in designated
areas, which shall be determined by the authorized operator of the
launch area.
(e)
Launching of boat fee. The fees charged for launching boats shall
be determined by the City.
(f)
Enforcement of parking violations and penalties for failure to pay launch ramp fees. Police officers and parking meter personnel are empowered to enforce parking violations at designated boat trailer parking lots, and enforce penalty provisions, as provided for under Section 90-33, for failure to pay established launch ramp fees. It shall be a parking violation under this section for any vehicle other than a motor vehicle connected to a boat trailer to be parked in the City boat launch parking lot F.
[Amended 5-22-2017 by Ord. No. 17-10]
(g)
Powering motorboats on or off trailers at launch site. No person
shall engage in the act of powering a motorboat on or off a trailer
at the municipal boat launch site in the City with the engine being
operated at greater than idle speed. No person shall continue to operate
the engine while engaged in the act of launching or retrieving a motorboat
after the motorboat is at rest on the trailer. A sign shall be posted
at the municipal boat launch site advising of the requirements of
this subsection as follows: "No driving onto trailers with motor operating
above idle speed. Minimum $100 forfeiture."
(h)
Kayaks
and canoes may be launched at dinghy pads located on the east and
west end of Library Park.
[Added 5-10-2010 by Ord. No. 10-06]
[Code 1992, § 20.29]
(a)
On piers, docks or catwalks. No person shall place, deposit or permit
any boat or other object to remain upon any pier, dock or catwalk
in such a manner as to interfere with the free passageway of any person
desiring to use or walk upon or along such pier, dock or catwalk.
(b)
Parking, anchoring or fastening to stalls; fee required. No person
shall park, anchor or fasten a boat to any stall owned by the City
unless the owner of the boat shall first have paid the required rental
fee and received a receipt from the City.
(c)
Fastening or tying to west or ice house pier. No person shall fasten
or tie any boat or craft to the southerly side of the wooden pier
commonly known and referred to as the "West" or "Ice House" pier where
southerly winds may carry such boat or craft against the pier and
do damage thereto.
(d)
Fishing on west pier. The west pier is used for mooring of boats.
No person shall fish on west pier.
[Amended 8-12-2019 by Ord. No. 19-12]
(e)
Parking of boats on west pier. No person shall park a boat on west
pier in areas other than rented mooring spaces except for the purposes
of loading and unloading passengers and loading and unloading gear
for boating. Boats shall not be left alone on the pier in undesignated
mooring spaces for periods longer than five minutes without the permission
of the boating authority.
[Amended 8-12-2019 by Ord. No. 19-12]
[Code 1992, § 20.30]
A launch ramp corridor for boats entering and exiting Geneva
Lake is hereby established which is located in the SE1/4 of S36, T2N,
R17E, in Geneva Bay, City of Lake Geneva, Wisconsin, being more particularly
described as follows:
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Commencing at the point of intersection of the center line of
the bridge over the White River with the center line of Wrigley Drive;
thence run southeasterly along the center line of Wrigley Drive, 640
feet more or less to a point; thence southwesterly 40 feet to an iron
post and the point of beginning; thence southwesterly 500 feet more
or less to a point of intersection with a reference line which is
described as beginning at the southeast corner of the south end of
Riviera Dock B, such point being 262 feet south of the south face
of the Riviera Building as it now exists; thence southeasterly to
a point of intersection with the center line of Campbell Street extended,
such point being 200 feet west of the low-water line of the east shoreline
of Geneva Lake; such point of intersection between the above-described
reference line and the launch ramp corridor being 620 feet, more or
less, from the southeast corner of Riviera Dock B as measured along
such reference line; thence northwesterly along such reference line
54 feet more or less to a point; thence northeasterly parallel to
and 50 feet northwesterly of the previously described southerly line
of the launch ramp corridor 500 feet, more or less, to a point on
the shore of Geneva Lake; thence southeasterly to the point of beginning.
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The ramp will be eliminated upon completion of the Big Foot
Beach Ramp.
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Subdivision II
Pier and Wharf Regulations
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[Code 1992, § 20.23(1)]
The definitions as set forth in W.S.A., § 30.01 are
incorporated in this section by reference as though fully set forth.
Any future amendment, revision or modification of the statutes incorporated
in this section are intended to be made a part of this section. Also,
any structure placed on the bed of the lake or on the shore (boat
lift) built or maintained for the purpose of providing a berthing
or mooring place for watercraft or for loading or unloading of cargo
or passengers onto or from watercraft shall be considered a pier and
shall be subject to regulations set forth in this subdivision.
[Code 1992, § 20.23(2)]
(a)
Pursuant to W.S.A., § 30.31(3), and in the interest of
the preservation and protection of the public's rights in the waters
of Geneva Lake, the City, within its respective boundaries, does hereby
establish a pier head line on Geneva Lake which shall be at a distance
of 100 feet waterward from the shoreline. The shoreline, for the purpose
of this section, shall be the bulkhead lines described in the documents
on file in the Clerk's office.
(b)
The shoreline, for purposes of this subdivision, for areas in the
adjoining Geneva Lake and not described in the bulkhead line descriptions
shall be at the elevation of the spillway crest on the Geneva Lake
Dam, which is at the elevation of 864.3 feet mean sea level datum.
The pier head line shall run parallel to the shoreline.
[Code 1992, § 20.23(3)]
(a)
Interference with public rights. A wharf or pier which interferes
with public rights in navigable waters constitutes an unlawful obstruction
of navigable waters unless a permit is issued for the wharf or pier
by the Department of Natural Resources under W.S.A., § 30.12,
or unless authorization for the wharf or pier is expressly provided.
(b)
Interference with riparian rights. A wharf or pier which interferes
with rights of other riparian proprietors constitutes an unlawful
obstruction of navigable waters unless a permit is issued for the
wharf or pier by the DNR under W.S.A., § 30.12, or unless
authorization for the wharf or pier is expressly provided.
(c)
Extension beyond pier head line; exception. A wharf or pier which extends into navigable waters beyond the pier head line established in Section 90-142 constitutes an unlawful obstruction of navigable waters unless a valid permit, license or authorization for the wharf or pier is granted or unless it is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting wharf or pier if it existed prior to the establishment of the pier head line, if it is not extended or expanded after that date, and if the ownership of the land to which it is attached did not change after that date, except that a wharf or pier continues its status as a permissible preexisting wharf or pier for one year after the date of the change of ownership is recorded. The seasonal removal of a wharf or pier does not affect its status as a permissible preexisting wharf or pier if it is reestablished in substantially the same form. The owner of a wharf or pier may submit evidence to the City that it is a permissible preexisting wharf or pier at any time after the effective date of the ordinance from which this section is derived.
(d)
Free movement of water. Any wharf or pier shall be constructed so
as to allow the free movement of water underneath and in a manner
which will not cause the formation of land upon the bed of the water.
(e)
Location of wharves and piers. No wharf or pier shall be located, built, constructed or maintained on a lot or parcel within a distance of 12 1/2 feet from a riparian proprietor's property line, where such property line intersects the shoreline, as defined in Section 90-142. This restriction shall not apply to permissible preexisting wharves or piers as defined in Subsection (c) of this section.
[Code 1992, § 20.23(4)]
The City Council may remove a wharf or pier which constitutes an unlawful obstruction of navigable waters as set forth in Section 90-143, as provided under W.S.A., § 66.0495.
[Code 1992, § 20.23(5)]
(a)
Any wharf or pier in navigable waters which is so old, dilapidated
or in need of repair that it is dangerous, unsafe or unfit for use
may be proceeded against by the City Council or designated officer
of the Council, under the procedure provided in W.S.A., § 66.0495.
(b)
Any wharf or pier in navigable waters which is declared so old, dilapidated
or in need of repair that it is dangerous, unsafe or unfit for use
under W.S.A., § 66.0495(1)(b), or repair is determined to
be unreasonable under that section, is a public nuisance and may be
proceeded against under W.S.A., ch. 823.
[Code 1992, § 20.23(6), (7)]
(a)
Required. Riparian proprietors who construct or place a wharf or pier or cause the same to be done, shall, prior thereto, obtain a permit therefor from the Council. Once a permit is issued by the Council, no future permit is required so long as the structure remains in substantially the same form and location. This subsection shall not apply to a permissible preexisting wharf or pier as defined in Section 90-143(c). Any extension or modification to a permissible preexisting wharf or pier, however, shall require a permit as provided in this subsection. No person shall erect, construct, place, extend or maintain any wharf or pier in such a manner that it violates any of the provisions of this subdivision or any applicable laws of the state or any rule, order or regulation of the DNR. However, any permit granted to a riparian proprietor by the DNR under W.S.A., § 30.12 shall be deemed compliance with this subdivision, to the extent of the permit so granted. A copy of any application for a permit from the DNR under W.S.A., § 30.12, shall be filed with the City Clerk at the same time such application is filed with the DNR.
(b)
Application; contents. The application for such permit shall describe
the real estate and the location of the wharf or pier, or extension
or modification thereof, in detail with regard to the real estate,
shoreline and pier head line, and setting forth the distances of the
wharf or pier to the property lines of any abutting riparian lands,
giving the details of the dimensions and kinds of materials to be
used in the construction of the same, together with any additional
details and specifications which the Council may require. Such application
shall also state the name and permanent residence or post office address
of the applicant.
(c)
Filing of application; investigation and report; recommendation.
Upon filing of the application, the City Clerk shall refer the same
immediately to the Building Inspector, or person designated by the
Council, for investigation and report, which report shall indicate
that all of the requirements of this subdivision, applicable laws
of the state and rules and orders of the DNR will be complied with.
The Building Inspector, or designated official, shall thereafter file
with the City a report of his findings together with a recommendation
and the reasons therefor.
(d)
Grant or denial. After filing and review of the application by the
Building Inspector, or designated person, the Council shall act on
the application. No permit shall be granted until the Council determines
all requirements of this subdivision, applicable laws of the state
and rules and orders of the DNR have been complied with. The reasons
for granting or denial of the permit shall be stated in the minutes.
(e)
Revocation; other legal remedies. If the wharf or pier for which
a permit has been granted is not erected in accordance with the application
and specifications submitted by the applicant, or if the wharf or
pier violates any of the provisions of this subdivision, applicable
laws of the state or rules or orders of the DNR, the Council may revoke
the permit. The provisions of this subsection shall not affect the
Council's rights to pursue any other legal remedies it may have as
provided in this subsection, or otherwise by law.
(f)
Review of Council decision. Any person having a substantial interest which is adversely affected by a decision of the Council or an officer, employee or agent of the Council relating to the issuance, denial or revocation of a permit, as provided in this section, may have such determination reviewed under Chapter 2 of this Code.
(g)
Fee. The Council may provide for the payment of a reasonable fee
for the issuance of a permit under this section.
[Code 1992, § 20.23(8)]
No lagoon or marina shall be constructed or expanded unless
a permit for the same has been obtained from the DNR as provided by
law. At the time an application is filed with the DNR, a copy of such
application shall be filed with the City Clerk.
[Ord. No. 05-15, § 1, 7-11-2005]
It is specifically intended that this subdivision not apply
to the facilities known as Riviera Docks or any other municipal piers.
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Subdivision III
Swimming Beaches
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[Code 1992, § 20.25(1)]
It is declared that all beaches, public and quasi-public, upon
Geneva Lake within the City limits, all of which are used and patronized
by large numbers of people, are affected by the public interest and
for the public welfare and safety; the safety of the life and limb
of persons using such beaches requires regulation to promote the public
welfare and safety; and it is the policy of the Council to join with
the other cities, towns and villages which include, within their respective
boundaries, parts of Geneva Lake, in establishing and enforcing uniform
ordinances and regulations to promote the objects and purposes of
this section and to aid in reducing the hazards and nuisances incident
to the use of the lake by large numbers of people assembled together.
[Code 1992, § 20.25(3)]
All public and quasi-public swimming beaches and areas shall
be marked upon the water by floats painted or colored white, which
may bear the emblem consisting of the red cross of the American Red
Cross painted thereon. Such floats shall be securely anchored to the
bottom of the lake at intervals of not less than 300 feet between
the ends of such beaches or areas, parallel to the direction of such
beach and not more than 200 feet on the lakeward side of and parallel
to the life lines upon such beaches or areas. There shall be similarly
anchored not less than one float, marked as described in this section,
between the mean water level of such beach and the float at each end
of the above-described floats marking the length of such beach parallel
to the shore.
[Code 1992, § 20.25(4)]
No person shall place, deposit or leave upon any public beach
within the City any paper, garbage, refuse, trash or other discarded
thing, substance or article.
[Code 1992, § 20.25(5)]
Except as provided in this article, no person shall moor, anchor, operate, propel or cause to be moored, anchored, operated or propelled any boat in any manner within or upon any part of Geneva Lake lying within the boundaries of the City designated and marked as a swimming beach, as provided in Section 90-167. This does not prohibit any boat under the control and jurisdiction of the Geneva Lake water safety patrol from entering the swimming areas at any time.
[Code 1992, § 20.25(6)]
Every boat assigned to or used by any officer, employee or life
guard of the Geneva Lake water safety patrol upon any beach within
the City shall have conspicuously painted or marked thereon the words
"water safety patrol" or similar words designating that such boat
is in the use or control of the Geneva Lake safety patrol, and no
unauthorized person shall use, operate or occupy any such boat.
[Code 1992, § 20.25(7)]
Except as provided in this section, no person shall swim in the waters of Geneva Lake within the corporate limits of the City except within the limits of a public or quasi-public beach or area as marked and designated pursuant to the provisions of Section 90-167. The provisions of this section shall not apply to the owner, occupant, licensee, lessee or guests of the same, of any privately owned real estate abutting on the lake, the frontage of which is not marked and designated as a quasi-public beach nor to any lifeguard acting in the line of duty.
[Code 1992, § 20.25(8)]
No person shall use any soap or detergent product for bathing
or any other purpose which would cause such product to enter the waters
of Geneva Lake.
[Ord. No. 05-12, § 1, 5-23-2005]
No person shall smoke tobacco products while using designated
swimming beaches and swimming areas.
[7-24-2023 by Ord. No. 23-06]
(a)
Prohibition against the transport of aquatic invasive species. No
person shall operate a vehicle or transport any boat or any watercraft
to or from a public highway if aquatic invasive species are attached
to said vehicle, boat, or personal watercraft. All aquatic invasive
species shall be removed from a vehicle, boat, or personal watercraft
prior to placing such equipment into navigable waters.
(b)
All persons shall decontaminate their vehicle, boat, or personal
watercraft at a portable boat cleaning station located near the public
boat launch in the City of Lake Geneva, if said boat cleaning station
is available for use.
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Subdivision IV
Docking Facilities Rental
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[Code 1992, § 20.27(1); amended 5-10-2010 by Ord. No.
10-06; 2-28-2011 by Ord. No. 11-06; 2-22-2021 by Ord. No. 21-03]
The boat docking, mooring and storage facilities shall be leased
to individual boat owners from May 15 to October 15 each year, and
such facilities shall be identified by number and location. There
shall be leased only one docking, mooring or storage facility per
individual boat owner except lessees of a docking space may be entitled
to a kayak space in addition to the docking space and lessees of a
mooring space may be entitled to one dinghy space and/or kayak rack
space in addition to the mooring space. Only individual boat owners
who lease a mooring buoy from the City shall be permitted to lease
a dinghy space during that corresponding rental season. Only a dinghy
not exceeding 10 feet in length shall be placed in a dinghy space.
Kayak rack renters who fail to remove their kayaks from the City-owned
racks 10 days after the end of the season will be subject to a $5
per day fine.
[Code 1992, § 20.27(2); Ord. No. 02-37, § I, 2-11-2002; amended 3-11-2013 by Ord. No. 13-06; 2-22-2021 by Ord. No. 21-03; 3-27-2023 by Ord. No. 23-01]
The rental fee for each year shall be set by the Council no
later than the first Council meeting in February, and payment for
such facilities shall be made on or before March 15 of each year.
No refunds shall be made, except as otherwise provided. Renters not
making payment by March 15 will be allowed a ten-day grace period
to pay rental fees. Renters shall pay a per diem penalty set from
time to time by the City Council, for payments received after March
15. Delinquent renters will be notified of the grace period and penalty
on March 16 of each year by first class U.S. Mail, postage prepaid,
and by a phone call or email using the most recent address, phone
number and email address provided by the renter. Notices will be deemed
received three days after March 16. Any lessee or applicant on the
waiting list not paying the rental fee and applicable penalty fee
within the grace period shall be deemed to have abandoned their lease
or their place on the waiting list. No rental shall be granted for
any lessee for which claims of the City are delinquent and unpaid
or to any person delinquent in payment of such claims to the City.
The City of Lake Geneva Harbormaster shall have the authority to withhold
any rental agreement in which the named lessee possesses delinquent
City claims or unpaid claims to the City of Lake Geneva. "Delinquent,"
for the purposes of this section, shall mean the claim remains unpaid
for 30 days after it became due.
[Code 1992, § 20.27(3); amended 2-22-2021 by Ord. No. 21-03]
All renters shall be the owners of a boat and shall give evidence
of such ownership to the rental authority who will be designated by
the Council from time to time. All boats requiring registration shall
be registered with the DNR and proof of state registration shall be
provided at the time of the application. The rental shall be a personal
privilege running to the renter so long as he retains ownership of
a boat and uses the rental facility assigned to him for purposes of
docking, mooring or storing his own boat. If the renter sells or otherwise
disposes of the boat he owned at the time of application for rental
facilities and does not replace his former boat with another one,
the rental of the facility shall terminate, and the City may re-rent
the space for the balance of the season. In the event of re-rental,
the full season rate for new rentals shall apply to and including
July 15 of each year. After July 15, 50% of the rental fee shall be
charged for the balance of the rental season. Rental privileges are
not transferable, except between spouses. Applicants must provide
all required information at the time the application is submitted
to the City for processing. Incomplete applications will not be accepted
under any circumstances.
[Code 1992, § 20.27(4)]
Only renters of such facilities may use and occupy such facilities.
If any facility is unoccupied for any two-week period after June 15
or is occupied by an unauthorized boat, the renter shall be notified
that unless good cause is shown, the rental facility shall be deemed
abandoned and, after one week, from the mailing of such notice, the
City may rent the facility for the balance of the season.
[Code 1992, § 20.27(5)]
No boats used for hire or for rental shall be permitted to use
these docking, mooring and storage facilities, except for fishing
guides licensed by the state.
[Code 1992, § 20.27(6)]
If an unauthorized boat is found in a docking, mooring or storage
facility or on other property of the City without specific permission
of the City, the City may take possession of the boat, remove the
same and store it. The City may contract with a private entrepreneur
for such services and charge the owner of the boat for such services
and any other expenses incidental to the removal and storage incurred
by the City.
[Code 1992, § 20.27(7)]
It is specifically intended that this subdivision shall not
affect the present and existing facilities located at the area known
as the Riviera and Riviera Docks.
[Code 1992, § 20.27(8); amended 6-25-2018 by Ord. No. 18-06]
The Council hereby designates the City Administrator or his/her
designee as the rental authority for the purposes of carrying out
this section, and the City Council, prior to the first meeting in
March, shall establish the rates to be in force during the following
rental period.
[Code 1992, § 20.27(9)]
The rental authority shall rent boat stalls and buoys to applicants
in the following order:
(1)
Renters of boat stalls and buoys.
(2)
City residents on the waiting list. Resident means a person who has
maintained his place of permanent abode in the City for a period of
30 days immediately preceding his application for an approval. Domiciliary
intent is required to establish that a person is maintaining his place
of permanent abode in the City. Mere ownership of property is not
sufficient to establish domiciliary intent. Evidence of domiciliary
intent includes, without limitation, the location where the person
votes, pays personal income taxes or obtains a driver's license.
(3)
Nonresident property owners of the City on the waiting list.
(4)
Nonresidents of the City on the waiting list.
(5)
Applicants will have five working days from the date of notice from
the City to accept or decline a vacant boat slip, buoy, or kayak rack
space. Notice will be provided by first class U.S. Mail, postage prepaid.
Notice will be deemed received three days after the date of the letter.
Failure to respond within five working days will be deemed a declination
and the applicant will be removed from the waiting list. Applicants
removed may reapply to be placed at the bottom of the waiting list
by submitting a new application and paying the established deposit
amount.
[Added 2-22-2021 by Ord.
No. 21-03]
(6)
A separate waiting list for the Riviera boat slips and buoys will be created and maintained by the City with regulations and prices as established by the City Council from time to time. The City will lease the Riviera slip and buoys leases to lessees that leased Riviera boat slips and buoys from Gage Marine in 2020 and who wish to renew their respective slips and buoys for the 2021 season at the rates established by the City from time to time. If Riviera slips and buoys become available, the City will contact Riviera waitlist applicants in the order of their application submission date. If a Riviera waitlist applicant declines the slip or buoy, after being notified as provided in Subsection (5) above, they will be removed from the Riviera waiting list. Applicants removed may reapply to be placed at the bottom of the waiting list by submitting a new application and paying the established deposit amount.
[Added 2-22-2021 by Ord.
No. 21-03]
[Code 1992, § 20.27(10)]
(a)
The rental authority shall establish a written policy as to the size
and weight of boats that shall be permitted to use the City's docking,
mooring and storage facilities.
(b)
The policy on size and weight shall be reviewed at the beginning
of each rental season.
(c)
Persons denied permission to dock or moor their boat due to this
policy may appeal the decision to the rental authority.
(d)
The purpose of this limitation on size is to promote the safety of
the public and the safekeeping of all boats utilizing the City's facilities.
[Code 1992, § 20.27(11)]
Any person who shall violate the provisions of this subdivision shall be deemed to have abandoned the rental facility, and the City may terminate their privileges under the rental for the balance of the season and may remove boats as provided in Section 90-196. The City shall be under no obligation to refund any rental fee paid.
[Ord. No. 07-05, 4-23-2007; 6-12-2023 by Ord. No. 23-04]
(a)
A repair and replacement fund shall be established and separately
held for major repairs and replacement of the West Pier to be constructed
in 2007.
(b)
From each pier rental fee the sum of $1,000 shall be removed and
segregated into the West Pier Replacement Fund.
(c)
The amount of the pier and replacement fee to be transferred to the
fund maybe adjusted upward or downward or eliminated by the Common
Council in future years.
(d)
The fund shall be used for major repairs and replacement of the West
Pier as needed and as decided and ordered by the Common Council.
(e)
The fees in to the replacement fund for the West Pier shall begin
the first full year of rentals after construction.
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Subdivision V
Mooring Zones and Areas
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[Code 1992, § 20.26]
(a)
Mooring zone limits. The following described parts of the City piers
extending into Geneva Lake are established as limited time mooring
zones:
(1)
West side of the east pier extending southeasterly for a length
of 197 feet from the Riviera Building. A fee schedule shall be based
upon time and the length of the boat.
(2)
No parking on the south side of the Riviera base pier located
between the east pier and center pier 64 feet and between the center
pier and the west pier 64 feet.
(3)
The pier located at the boat launch ramp at Center Street and
Wrigley Drive, parking while launching or recovering boat only.
(4)
The pier located at the west end of Library Park, ten-minute
parking for loading or unloading only.
(5)
The east end of the pier located directly east of the Riviera
Building containing boat slips, ten-minute parking for loading and
unloading only.
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Such limited time mooring as set forth in this subsection shall
apply from May 1 to September 30 of each year.
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(b)
Signs. Signs shall be erected in each limited time mooring zone,
giving notice of the time limit for mooring in the limited time mooring
zone.
(c)
Penalty for violation of section. Owners or operators of boats or
watercraft shall be subject to a forfeiture not to exceed $50 and/or
removal and storage of the vessel at the owner's expense.
(d)
Mooring fee. Mooring at the west side of the east pier of the Riviera
shall be subject to a mooring fee based upon the size of the boat
or watercraft and the length of time moored at the pier. City personnel
or designated agents shall collect the mooring fees as authorized
by the Council. A schedule of fees shall be determined annually by
the City.
(e)
Use for commercial purposes. Limited time mooring zones shall not
be used for commercial purposes, such as loading of passengers, prearranged
or walk on, whereby the owner or operator of a boat or watercraft
charges a fee for such service.
[Code 1992, § 20.31]
(a)
Intent of section. The intent of this section is to provide safe
and healthful conditions for the enjoyment of aquatic recreation consistent
with public rights and interests and the capability of the Geneva
Lake water resource.
(b)
State mooring and safety laws adopted. State mooring regulations
and regulations applicable to moorings, as found in the following
sections of the state statutes, are adopted by reference:
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W.S.A., § 30.15. Penalty of unlawful obstruction of
navigable waters.
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W.S.A., § 30.16. Removal of obstructions to navigation.
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W.S.A., § 30.772. Placement and use of moorings; restrictions;
permits.
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W.S.A., § 30.773. Designated mooring areas.
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W.S.A., § 30.74(2). Uniform navigation aids.
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(c)
Establishment. The City may establish designated mooring areas as
provided by state statutes, as follows:
(1)
Requests for a designated mooring area shall be reviewed by
the Piers and Harbors Committee of the City Council.
(2)
The description of the proposed designated mooring area shall
meet the requirements of W.S.A., §§ 30.11 and 30.773(2).
(3)
The proposed designated mooring area shall meet all the standards
provided by W.S.A., § 30.773(3).
(4)
The Piers and Harbors Committee shall cause a waterway markers
application form 8700-58 to be submitted to the Department of Natural
Resources. The application shall specify the proposed designated mooring
area.
(5)
The City Council may approve or disapprove the establishment
of a designated mooring area. A designated mooring area is not established
until an approved waterway markers application form 8700-58 is on
file with the Department of Natural Resources marking the mooring
area.
(d)
Open to public. Designated mooring areas approved by the City and
the Department of Natural Resources shall be open to the public. The
regulations of the City may provide for the orderly use of the mooring
area by the public.
(e)
Placement or removal of moorings. Placement or removal of moorings
in the designated mooring area shall be subject to Subdivision VI
of this division.
(f)
Rules and regulations. The City shall establish a system of rules
and regulations for use of the mooring area. The rules and regulations
may provide for, but not be limited to:
(g)
Designated mooring areas; established and described. Designated mooring
areas are hereby established which are described as follows:
(1)
Designated mooring area No. 1. That area lying northwesterly
of the launch ramp corridor and northeasterly of the outer mooring
line and extending to the shore of Geneva Lake, excepting therefrom
that area lying southeasterly of the Riviera docks which is bounded
on the southeasterly by a line drawn from a point 210 feet southeasterly
of Dock B as measured along the reference line and extending northeasterly
through a point which is 70 feet southeasterly of the southeasterly
end of Dock D, as measured along the center line of the access walk
to Dock D extended southeasterly.
(2)
Designated mooring area no. 3. Embracing the waters of Geneva
Lake extending 380 feet in a southerly direction from the east and
west boundaries of Library Park to a line parallel to and 380 feet
distant from the shore of Library Park.
[Code 1992, § 20.32]
An outer mooring line is established for the designated mooring area which is described as that portion of the reference line described in Section 90-222(c) which lies between the launch ramp corridor and a point 210 feet southeasterly of Riviera Dock B, as measured along such reference line.
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Subdivision VI
Mooring Buoys
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[Code 1992, § 20.33(1)]
The intent of this subdivision is to provide safe conditions
for the mooring of boats within 200 feet from the bulkhead line and/or
the ordinary high-water mark consistent with the requirements of W.S.A.,
§ 30.772.
[Code 1992, § 20.33(2)]
State mooring regulations and regulations applicable to moorings
as found in the state statutes are adopted by reference.
[Code 1992, § 20.33(9)]
The provisions of this subdivision may be enforced by:
[Code 1992, § 20.33(10)(b)]
Any mooring, mooring anchor or mooring buoy which is placed or used in City waters in violation of this subdivision constitutes a public nuisance subject to W.S.A., § 30.15, and Chapter 46 of this Code.
[Code 1992, § 20.33(3)]
(a)
No mooring buoy shall be installed or maintained in the navigable
waters of Geneva Lake within the jurisdiction of the City, unless
a permit is issued for the placement and use of the mooring buoy by
the City or the state Department of Natural Resources.
(1)
Moorings located within 200 feet of the bulkhead line shall
require a permit from the City.
(2)
Permits for mooring buoys over 200 feet distant from shore shall
be applied for as specified in this subdivision. In addition, the
applicant shall complete and submit the applicable application for
the state Department of Natural Resources for waterway marker placement.
Upon receipt of both applications and appropriate fees, the designated
official shall investigate and submit his report and recommendation
to the Piers and Harbors Committee. The Piers and Harbors Committee
shall consider the applications, reports and recommendations and make
its report and recommendation. The applications, Committee report
and recommendation shall be submitted to the DNR for its action in
accordance with state statutes and DNR rules and orders.
(b)
Once a permit is issued by the City, no future permit is required
so long as the mooring buoy remains in substantially the same location
and is used in the same way as described on the original permit.
[Code 1992, § 20.33(4)(a)—(d)]
(a)
Application; contents. An application for permit may be filed with
the City Clerk and shall include the following:
(1)
Name and address of property owner.
(2)
Name, address and telephone numbers of the applicant.
(3)
Description of real estate in front of which buoys are to be
placed, including frontage on lake, legal description of property,
tax key number and address.
(4)
Authorization of the property owner.
(5)
Sketch or chart showing the proposed location of the mooring
buoys. The total number of mooring buoys, location of the buoys, distance
between buoys, distance from piers and shore, property frontage, location
of buoys and piers on the properties adjacent on each side and the
distance to any rafts, swimming areas or other markers. The riparian
rights of the property owner as determined by the knitter method shall
be on the sketch or chart.
(6)
The size of the boat to be placed on the mooring.
(7)
Such other information as the City may require to process and
evaluate the application.
(b)
Filing application; investigation and report; recommendations. The
City Clerk, upon filing of the application accompanied by the appropriate
fee, shall refer the application to the person designated by the Council
for investigation and report. The designated official shall thereafter
file his report and recommendations with the City.
(c)
Action; grant or denial. The Piers and Harbors Committee shall consider
the application together with the report and recommendations and shall
act on the application. No permit shall be granted until the Piers
and Harbors Committee determines that all requirements of this subdivision,
applicable laws of the state and rules and orders of the DNR have
been complied with. The reasons for granting or denial of the permit
shall be stated in the minutes and on the application. The Piers and
Harbors Committee may place restrictions or conditions on any permit
issued under this subdivision.
(d)
Fee. The City Council may provide for the payment of a reasonable
fee for the issuance of a permit under this subdivision.
[Code 1992, § 20.33(6), (7)]
[Code 1992, § 20.33(4)(e)]
The City Council may provide for a system of buoy numbers for
all mooring buoys. If a number system is established, the numbers
must conform to the state marking system. The number system shall
provide for attaching or affixing the numbers to the mooring buoys.
[Code 1992, § 20.33(5)]
No mooring may be placed in the navigable waters of Geneva Lake
within the jurisdiction of the City if:
(1)
The mooring obstructs or interferes with public rights or interests
in the navigable waters.
(2)
The riparian owner does not grant written permission to a nonriparian
owner for the placement and use of the mooring.
(3)
The mooring or use of the mooring interferes with the rights of other
riparian owners.
(4)
The mooring or use of the mooring adversely affects critical or significant
fish or wildlife habitat.
[Code 1992, § 20.33(8)]
(a)
In addition to or as an alternative to the penalties specified in Section 90-244, the City may remove unlawful moorings pursuant to W.S.A., § 66.0495.
(b)
If the state Department of Natural Resources or the City revokes
a mooring permit, the mooring shall be subject to removal as provided
in W.S.A., § 30.15.
(c)
Nonapproved moorings may be removed as provided in W.S.A., § 20.16.
