[HISTORY: Adopted by the Village Board of the Village of
Fremont 5-27-1986 by Ord. No. 86-1 as Ch. 16 of the 1986 Municipal Code.
Amendments noted where applicable.]
It shall be unlawful for any person to commit any of the following
acts in or upon any park within the Village:
A.
Vandalism. To soil, deface, injure, damage, upset or destroy any
building, fence, fountain, bench, table, receptacle, fireplace, tree,
bush, flower or other object situated, used or kept upon such grounds.
B.
Fires. To build any fire, except in grills, fireplaces or fire rings
provided for that purpose. No person shall leave any fire unattended
and all fires shall be extinguished before leaving the area.
C.
Litter. To leave, throw or break any bottle, box, refuse or other
object, except in clearly marked refuse receptacles provided for that
purpose, or throw, discharge or otherwise place or cause to be placed
in the waters of any fountain, pond, lake, stream, river, bay or other
body of water or on the ice thereof in or adjacent to any park, any
substance, matter or thing, liquid or solid, which will or may result
in the pollution of said waters. Where receptacles for rubbish are
not provided, all waste shall be carried away from the park by the
person responsible for it.
D.
Fireworks. To set off fireworks of any kind, except when a public display permit has been issued by the Village President pursuant to Chapter 295, Fireworks, of this Code.
E.
Games. To engage in any athletic contest, game or activity, except
in areas specifically designated for such activity, whereby large
areas of public grounds are usurped by the participants to the exclusion
and at the peril of injury to others.
F.
Sales. To vend, sell or offer for sale any food, beverage or other
commodity or article within any park to the public without written
authorization from the Village Board.
G.
Rules. To fail, refuse or neglect to obey the regularly posted rules
and regulations of the Village Board for the use or enjoyment of any
facilities.
H.
Molesting animals. To molest, disturb, chase or throw objects at
any animal or bird within any park.
I.
Signs. To paste, glue, tack or otherwise post any sign, placard or
advertisement, or solicit business of any nature in any park without
written authorization from the Village Board.
J.
Disorderly conduct. To engage in violent, abusive, indecent, profane,
boisterous, unreasonably loud or otherwise disorderly conduct under
circumstances in which such conduct tends to cause or provoke a disturbance,
endangers other persons or property, or interferes with the use of
the park by others.
K.
Cleaning of fish. To clean fish except in designated area or to dispose
of fish remains contrary to posted rules.
L.
Camping. To camp in any park overnight.
M.
Loitering. To loiter in any park or beach area.
[Added by Ord. No. 97-9]
N.
Launching. To launch any boat in the park lagoon.
[Added by Ord. No. 97-9]
O.
Children near water. Permitting children under the age of 10 near
the water unless accompanied by a parent or guardian.
[Added by Ord. No. 97-9]
A.
All parks shall be closed to the general public from 10:00 p.m. to
7:00 a.m., and it shall be unlawful for any person or group to occupy
or be present in any park during hours in which the park is not open
to the public, except where a special permit or permission in writing
has been granted by the Village Board for a group to conduct an activity
or use specific facilities or buildings for an activity which extends
beyond the regular closing hours.
B.
Any park or part thereof may be declared closed to the public by
the Village Board at any time and for any interval of time, either
temporarily or at regular or stated intervals. It shall be unlawful
for any person to enter or be present in any park or portion thereof
which has been closed to the public.
Domestic pets shall be permitted on roads and trails or in other
areas where they will not interfere with the use of the parks by other
persons, but must be kept on a leash not more than eight feet long.
No pets shall be allowed in park buildings, picnic areas, beaches
or swimming areas.
A.
No person shall drive or park a motor vehicle or trailer in any park,
except on such roads or parking lots specifically designated for the
use of motor vehicles and trailers.
B.
No person shall operate a motor vehicle at a speed in excess of 25
miles per hour or in excess of any other posted speed limit, whichever
is less.
C.
No person shall operate a motor vehicle in a reckless or imprudent
manner or in any manner which may tend to create a disturbance or
endanger the safety of persons using the parks.
A.
Snowmobiles shall not be operated in any park, except on trails specifically
marked and designated for the use of snowmobiles.
B.
Snowmobiles shall not be operated at a speed in excess of 35 miles
per hour, except where other speed limits are posted, which other
limits shall then prevail.
C.
On trails that have been marked and designated for one-way traffic,
snowmobiles shall be operated only in the direction so designated.
This section applies to bicycles, minibikes, trail bikes, all-terrain
vehicles and similar devices. No person shall ride or operate, or
permit a child to ride or operate, a bicycle or other vehicle except
in areas specifically designated for their use.
A.
Except as provided in Subsection B below, groups may use the shelter houses located at the Wolf River Crossing Park and the Partridge Lake Park for a reasonable time on a first-come-first-served basis.
B.
Wolf River Crossing Park shelter house may be reserved in advance
upon payment of a fee of $25 to the Clerk-Treasurer at the time the
reservation is made.
[Amended 12-9-2014 by Ord. No. 14-5]
C.
All groups using said shelter houses shall be responsible for cleaning
up the area after use; failure to provide cleanup may jeopardize future
use of the shelter and will be billed $30 per hour for the Village
to clean up.
[Amended by Ord. No. 88-2]
D.
Nonprofit Fremont-based civic organizations or Fremont Village residents
may remove such number of picnic tables from Wolf River Crossing Park
with a minimum of six picnic tables remaining in the park at all times.
Such organization or person shall not remove the tables outside the
Village limits, shall be responsible for any damage or loss thereto,
and shall be responsible for the removal and return of the tables
within 24 hours after their need is over.
[Added by Ord. No. 88-2]
(1)
A prior request shall be made to the Village Board and approval may
be granted based upon a first come, first granted basis, provided
there is no conflict with reservations, and signing a responsibility
form as approved by the Village Board.
(2)
Failure to comply with the above shall dictate future denial of any
request.
It shall be unlawful for any person to commit any of the following
acts in or upon any park lagoon, beach or swimming area within the
Village:
A.
To intentionally remove any Village-owned buoy designating a swimming
area or to moor or attach any watercraft to such buoys contrary to
§ 30.68(12), Wis. Stats.
[Amended 6-11-2013 by Ord. No. 13-1]
B.
To launch or operate a boat or other watercraft or to water ski in
any swimming area contrary to § 30.68(7), Wis. Stats.
C.
To operate a motor vehicle on the sand portion of the beach.
D.
To launch or recover any boat or other watercraft in the Wolf River
Crossing Park Lagoon.
E.
To permit children under the age of 10 near the water unless accompanied
by a parent or guardian.
[Added by Ord. No. 97-9]
F.
To fish in the beach area.
[Added by Ord. No. 97-9]
[Added by Ord. No. 86-3; amended by Ord. No.
87-2]
A.
Intent. The intent of this section is to provide safe and healthful
conditions for the enjoyment of aquatic recreation consistent with
public rights and interest and the capability of the water resource.
B.
Applicability and enforcement. The provisions of this section shall
apply to the waters of Partridge Lake within the jurisdiction of the
Village. The provisions of this section shall be enforced by the officers
of the Village and Waupaca County.
C.
State boating and safety laws adopted. State boating laws, pursuant
to §§ 30.50 to 30.71, Wis. Stats., are hereby adopted
by reference.
D.
SWIMMING ZONE
Definition. As used in this section, the following terms shall have
the meanings indicated:
An authorized area of water established by regulatory markers
to designate a swimming area.
E.
Restricted area. It shall be unlawful to operate any watercraft on
Partridge Lake in the Village in the safety area designated and marked
by buoys. The following area marked by swim area buoy markers on Partridge
Lake is designated as follows:
[Amended 3-10-2015 by Ord. No. 15-1]
(1)
Buoy "A" is located approximately 40 feet north of the northeast
corner of the pier.
(2)
Buoy "B" is located approximately 40 feet east of buoy "A."
(3)
Buoy "C" is located approximately 65 feet west of buoy "A."
(4)
Buoy "D" is located approximately 130 feet west of buoy "A."
(5)
Buoys "E" and "F" are spaced evenly between buoy "D" and the corner
of the seawall.
F.
Penalty. Any person violating this section shall forfeit not more
than $50 for the first offense and shall forfeit not more than $100
upon conviction of the same offense a second or subsequent time within
one year.
A.
Village launching ramps designated.
(1)
Ramp #1. Wolf River Crossing Park ramp.
(2)
Ramp #2. Valley Bank ramp, located between lots 39 and 40 of Townsend
and Bergstressers Addition to the Village.
(3)
Ramp #3. On the north end of River Street.
(4)
Ramp #4. On the south end of Milwaukee Street.
(5)
Ramp #5. On the north end of Castello Street.
B.
Boat launching fees. No person shall launch a boat from a Village
launching ramp without paying to the Village money box or ramp attendant
a launching fee as follows:
[Amended by Ord. No. 90-1; Ord. No. 94-1; Ord. No. 99-2; Ord. No. 00-9; Ord. No. 07-2; 6-10-2014 by Ord. No.
14-2; 12-9-2014 by Ord. No. 14-4]
(1)
Daily fee: $5 for a one-axle trailer plus $1 per axle thereafter.
(2)
Annual fee: $50 for a one-axle trailer plus $10 per axle thereafter.
(3)
Village residents and landowners may receive an annual ramp permit
at a cost of $25 from the Village Clerk
(4)
Penalty. The forfeiture for failure to display a boat launch permit
on the driver's side dashboard of the vehicle used to tow and launch
a boat shall be $50 if paid within five days and $75 if paid after
five days but less than 15 days. After 15 days, a citation shall be
issued.
C.
Launching and recovery procedure. All persons launching or recovering
boats shall remove vehicles, trailers and water craft from the ramp
area within 10 minutes. If the ramp is needed for any emergency purpose,
the ramp shall be vacated immediately.
[Amended 6-11-2013 by Ord. No. 13-1; 4-23-2024 by Ord. No. 24-02]
[Added by Ord. No. 91-2; amended by Ord. No.
91-4; Ord. No.
91-5]
A.
Intent. The intent of this section is to provide safe and healthful
conditions for the enjoyment of aquatic recreation consistent with
public rights and interest and the capability of the water resource.
B.
Applicability and enforcement. The provisions of this section shall
apply to the waters of the Wolf River within the jurisdiction of the
Village. The provisions of this section shall be enforced by the officers
of the Fremont Water Safety Patrol and the Waupaca County Sheriff's
Department.
C.
State boating and safety laws adopted. Sections 30.50 to 30.71, Wis.
Stats., are adopted by reference.
D.
BOAT
MOTORBOAT
OPERATION OF A MOTORBOAT
OPERATOR
SLOW/NO WAKE
WATERS OF THE VILLAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Every description of watercraft used or capable of being
used as a means of transportation on water.
Any boat equipped with propulsion machinery, whether or not
the machinery is the principal source of propulsion.
Controlling the speed or direction of a motorboat.
A person who is engaged in the operation of a motorboat or
boat or who is supervising the operation of any watercraft.
That speed at which a boat moves as slowly as possible while
maintaining steerage control.
Waters of the Wolf River within the corporate limits of the
Village, including all navigable streams and channels leading to such
waters.
E.
Slow-no-wake speed.
[Amended by Ord. No. 91-3; Ord. No. 92-4; Ord. No. 96-3]
(1)
Controlled areas. No person may operate any motorboat at a speed greater than slow-no-wake in the slow-no-wake zone on the days and during the hours set forth in Subsection E(2) below in the following areas:
[Amended by Ord. No. 01-6; Ord. No. 02-1]
(a)
The west (up river) boundary of the slow-no-wake zone, at the
north end of East Street, shall be marked with one buoy bearing appropriate
no-wake designation. The eastern (down river) boundary line of the
slow-no-wake zone shall be similarly marked with a buoy, and can be
identified by the Wolf River Crossing channel entrance.
[Amended 3-14-2017 by Ord. No. 17-1]
(b)
The next slow-no-wake area shall be 100 yards above and 100
yards below the new S.T.H. 10 bridge and shall be marked with buoys.
(2)
Time periods. Enforcement is intended to be exercised during the following time periods on the portions of the Wolf River as described in Subsection E(1) above:
(a)
Ice out to freeze up. Exact dates to be determined by the water
level.
[Amended by Ord. No. 01-6]
(b)
Days of week. Weekends only from 12:00 midnight Friday to 12:00
midnight Sunday.
[Amended by Ord. No. 97-9; 10-12-2010 by Ord.
No. 10-1; 9-13-2011 by Ord. No. 11-2]
(c)
Holidays. Midnight to midnight.
(3)
This subsection shall not apply to persons operating motorboats in
a youth or community oriented show or athletic contest or practice
session under authority of a permit issued by the Village Board. No
person may operate a motorboat in any show, contest or practice session
described herein unless he has received the written permission of
the Village. Any application requesting permission to operate a motorboat
in a show or contest or practice session described herein shall be
filed with the Village at least 20 days before the desired date or
dates of the show, contest or practice sessions.
F.
Ski pickup/drop area.
[Amended by Ord. No. 96-3]
(1)
A water ski pickup/drop area is hereby established in that area of
the Wolf River adjacent to the launch area at Ramp #2. The ski pickup/drop
area shall be defined as an area no more than 100 feet from the location
of the Village launch area #2 as marked by regulatory markers.[1]
(2)
The ski pickup/drop area hereby established shall only be in effect
when appropriate regulatory markers are in place.
G.
Penalties. Wisconsin boating penalties pursuant to § 30.80,
Wis. Stats., are adopted by reference.
[Amended by Ord. No. 96-3]
[Added by Ord. No. 00-8]
A.
Statutory authorization, findings of fact, purpose and title.
(1)
Statutory authorization. This section is adopted pursuant to authorization
in §§ 30.126 and 30.77, Wis. Stats.
(2)
Findings of fact. Historically, fishing rafts have been on the Wolf
River and its tributaries from the Shawano dam downstream to Lake
Poygan. Typically, most rafts are used during spring fish spawning
runs. The number and condition of rafts has caused conflicts with
the other river users and has resulted in other problems on the Wolf
River. The need to regulate fishing rafts is hereby recognized by
the Village.
B.
FISHING RAFT
FLOTATION DEVICE
MUNICIPALITY
ORDINARY HIGH WATER MARK
RIPARIAN
Definitions. The terms used herein shall be defined as follows:
Any raft, float or structure, including a raft or float with
a superstructure and including a structure located or extending below
the ordinary high water mark of the waterway, which is designed to
be used or is normally used for fishing, which is not normally used
as a means of transportation on water and which is normally retained
in place by means of a permanent or semipermanent attachment to the
shore or to the bed of the waterway. Fishing rafts do not include
boathouses, fixed houseboats, wharfs and piers.
Any device used to provide flotation for a fishing raft,
including each individual barrel or Styrofoam coffin.
Any city, village or town which adjoins or includes any part
of the Wolf River or its stream tributaries from the Shawano dam downstream
to Lake Poygan.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation or other easily recognized
characteristics.
The owner of the shorelands adjacent to the Wolf River or
its tributaries.
C.
Restrictions on fishing rafts on the Wolf River and its tributaries.
(1)
Fishing rafts may not:
(a)
Obstruct navigation or interfere with public rights.
(b)
Be located in the channel of the waterway.
(c)
Block more than 25% of the width of the waterway, singularly
or in combination with other fishing rafts.
(d)
Be located within 10 feet of another fishing raft.
(e)
Be placed in the waterway except by a riparian property owner
next to their own land or except by written permission of the riparian
property owner.
(f)
Be placed into the river or below (waterward) of the ordinary
high water mark prior to March 1 of any year and shall be removed
from the river and placed above (landward) of the ordinary high water
mark by October 31 of each year.
(g)
Be stored above (landward) of the ordinary high water mark of
the river for an entire calendar year without the proper variance
granted by the Village Board.
(h)
Be equipped with toilets unless those toilets comply with rules
of Ch. SPS 386, Wis. Adm. Code.
(i)
Be abandoned.
(j)
Be placed into the water with improper flotation devices.
(k)
Be improperly maintained (§ 30.126(5)(j), Wis. Stats.).
(l)
Be used as a fishing raft unless registered as such.
(m)
Exceed 512 square feet with no maximum dimension being longer
than 32 feet. Rafts registered prior to January 1, 2001, shall be
deemed to be in compliance with this provision.
(n)
Have a maximum height from the deck to the peak of the roof
line greater than 11 feet. Rafts registered prior to January 1, 2001,
shall be deemed to be in compliance with this provision.
(2)
Fishing rafts shall:
(a)
Be stored completely above (landward) the ordinary high water
mark during a period from on or before October 31 to March 1.
(b)
Be placed into the waterway, located or extending beyond or
below (waterward) the ordinary high water mark, for a period of not
less than 14 continuous days and nights. Any raft that is not placed
into the waterway for this period during a calendar year shall be
deemed in violation of this section and shall be deemed an illegal
structure and is then subject to all applicable zoning regulations.
The Village Board may grant, upon request, a variance for extenuating
circumstances such as low water, permitting a fishing raft to remain
out of the waterway, above (landward) the ordinary high water mark,
for the entire calendar year. This variance is at the sole discretion
of the Village Board and may only be approved by a majority vote.
Persons seeking this type of variance should apply, in writing, to
the Village Board.
D.
Fishing raft registration.
(1)
Registration and transfer.
(a)
Any person mooring, placing or maintaining a fishing raft on
the Wolf River and its tributaries within the Village shall register
each fishing raft annually with the municipality in which the fishing
raft will be most frequently moored.
(b)
All registrations shall expire on December 31 of each year.
(c)
Any person who acquires an interest in an existing raft shall
submit an application within 15 days to transfer the registration
number.
(2)
Application for registration. An application for new, renewal or
transfer of fishing raft registration shall contain:
(a)
The owner's name.
(b)
The owner's address and telephone number.
(c)
Name of municipality in which the raft is or will be most frequently
used.
(d)
The registration number and expiration date if the raft was
previously registered.
(e)
Type of application such as new, transfer or renewal.
(f)
Proof that the applicant is the riparian owner of property adjacent
to the raft's mooring location or has written permission of the riparian
owner.
(3)
Registration fee.
(a)
The annual registration fee is originally established at $5
and shall accompany each application for new or renewal of ownership
registration.
(b)
A fee is not required for transfer of ownership if a valid registration
exists for the fishing raft.
(c)
The Village shall use the fee to administer and enforce the
fishing raft registration system and fishing raft restrictions.
(d)
In addition to the registration fee, the Village shall assess
a fee of $15 for an annual inspection of each registered raft. This
fee shall be paid at the time of registration. The amount of this
fee is at the sole discretion of the Village Board and may be adjusted
by a formal action of the Board. The raft official shall perform this
inspection at any time during a period from March 1 through October
31. The raft official shall document any improper or unsafe conditions
to both the raft owner and the Village Board.
(4)
Registration certificate. The Village shall issue a certificate of
registration for each raft registered. Under no circumstances will
a certificate be issued to an applicant if their raft does not meet
the state, county or Village definition for a fishing raft nor will
a certificate be issued to any applicant whose raft is found in any
violation of any state, county or Village law, statute or ordinance
until the municipality/authority in question deems that the raft is
now in compliance. The certificate of registration shall contain:
(5)
Notify Department of Natural Resources. The Village shall submit
a complete list of all registered fishing rafts and their owners'
names to the Department of Natural Resources on or before April 1
of each year. The list should be mailed to:
|
Water Management Coordinator
Wisconsin Department of Natural Resources
P.O. Box 10448
Green Bay, WI 54307
|
(6)
Display of fishing raft registration number.
(a)
The assigned registration number shall be firmly affixed to
or painted on the river facing side of each fishing raft.
(b)
The assigned registration number shall be firmly affixed to
or painted on at least one location on each flotation device.
(c)
Each registration number shall read from left to right, shall
contrast with the background and shall be in block letters and numbers
not less than three inches high. Each shall be clearly visible and
legible.
E.
Construction and maintenance of fishing rafts and flotation devices.
(1)
Maintenance of fishing rafts. Fishing rafts shall be maintained by
their owners in sound condition according to the following standards:
(a)
Rafts shall be aesthetically pleasing.
(b)
If the raft has railing, railings shall be firmly attached to
the raft. Loose railings shall be repaired or removed.
(c)
Toilets, if installed, shall be maintained to comply with Ch.
SPS 386, Wis. Adm. Code, or the most current revision as if the toilet
were on a boat.
(d)
The fishing raft shall be firmly anchored or attached to the
bed or bank of the waterway to ensure that the fishing raft will not
break loose.
(e)
All cables, anchors, spud poles or similar devices that anchor
or attach the fishing raft to the bed or bank of the waterway shall
be removed from the waterway when the raft is removed.
(f)
Each fishing raft shall be marked with lights, reflecting tape
or reflectors placed in a conspicuous location to make the fishing
raft clearly visible at night.
(2)
Maintenance of flotation devices. Flotation devices shall be attached
and maintained in the following manner:
(a)
All flotation devices shall be airtight and sealed.
(b)
All flotation devices shall be clean and shall not contain any
chemicals, oil, grease or other residue.
(c)
Containers that contained a toxic or hazardous material, as
defined in § NR 661, Wis. Adm. Code, shall not be used as
a flotation device.
(d)
Metal flotation devices shall be free of rust and painted or
coated to prevent rusting.
(e)
Leaking or deteriorated flotation devices shall be immediately
removed from the fishing raft and replaced.
(f)
Any flotation device which becomes detached from the fishing
raft shall be retrieved and removed from the waterway by the raft
owner.
F.
Enforcement.
(1)
Order for removal. The Village may order the owner of a fishing raft
to remove his fishing raft from the waterway or property if any provisions
of this section or § 30.126(5), Wis. Stats., are not being
complied with.
(2)
Removal by Village. If a person fails to comply with an order to remove issued under Subsection F(1) above or if the Village is unable to determine the owner of the fishing raft, the Village may remove and dispose of the raft.
(3)
Reimbursement of cost of removal. The owner or person responsible for the fishing raft shall reimburse the Village for any costs incurred by the Village associated with the removal and disposal of the fishing raft under Subsection F(1) above.
(4)
Penalty. A person who violates any provision of this section or any
order issued under this section shall forfeit not less than $10 nor
more than $250 for each offense. Each day of violation constitutes
a separate offense.
