[HISTORY: Adopted by the City Council of the City of Fond
du Lac 6-23-1993 by Ord. No. 2679 as Ch. 20 of the 1993 Code. Amendments
noted where applicable.]
A.
Shorelines.
(1)
There shall be established in the interest of the public a shoreline
along a part of the banks of the Fond du Lac River and the shore of
Lake Winnebago, as described herein and more particularly shown by
the map on file in the office of the City Clerk, subject to the approval
of the Public Service Commission of Wisconsin, namely:[1]
Beginning at the intersection of the north line of West Scott
St. and the west shoreline of the Fond du Lac River in the City of
Fond du Lac, Fond du Lac County, Wisconsin, thence north 9° east,
a distance of 320 feet; thence north 21° west, a distance of 500
feet; thence north 3° west, a distance of 590 feet; thence north
16° 30' east, a distance of 1,865 feet; thence north 41°
west, a distance of 585 feet to a point of the breakwater as the same
now exists on the south shore of Lake Winnebago; thence north 67°
30' west along said present breakwater, a distance of 840 feet;
thence north 61° west, a distance of 850 feet; thence south 28°
west, a distance of 300 feet; thence south 59° 30' east,
a distance of 910 feet; thence south 65° east, a distance of 485
feet; thence south 18° 30' east, a distance of 606 feet;
thence south 15° west, a distance of 1,510 feet; thence south
45° east, a distance of 485 feet; thence south 21° east, a
distance of 500 feet; thence south 9° west, a distance of 320
feet to the place of beginning.
The above-described property is located in unplatted lands in
Sec. 3, T15N, R17E, and commonly known as "Supple Marsh."
(2)
In addition to that area described in Subsection A(1), the following described area is hereby made a part of the shoreline along a portion of the shore of Lake Winnebago, such area more particularly shown by the map on file in the office of the City Clerk, subject to the approval of the Public Service Commission of Wisconsin, namely:
Beginning at a point on the present breakwater, which point
is the northwest corner of previously described property as approved
by the Public Service Commission of Wisconsin in 1956; thence north
57° west along said breakwater as the same now exists on the south
shore of Lake Winnebago, a distance of 2,010 feet, more or less; thence
south 60° west (mag.) a distance of 180 feet, more or less; thence
south 41° east (mag.) a distance of 660 feet, more or less; thence
south 53° 30' east (mag.) a distance of 560 feet, more or
less; thence south 43° east (mag.) a distance of 570 feet, more
or less; thence south 65° east (mag.) a distance of 400 feet,
more or less; thence north 28° east, a distance of 465 feet, more
or less; to the point of beginning, which was a point on the previously
approved area.
The above described property is located in unplatted lands in
Sec. 3 and 4, T15N, R17E, and is commonly known as a part of the Supple
Marsh.
A parcel of land located in the E2 SW3, Sec. 3, T15N, R17E,
commencing at the northeast corner of Lot 11, Bannister and Lewis
addition to the City and running thence north 3° 45' west,
100 feet; thence west 80 feet and parallel with the north line of
said Lot 11, to an iron pipe stake; thence north 3° 45' west,
17.31 feet to an iron pipe stake; thence north 80° 15' west,
69.90 feet and which said point shall be known as the place of beginning
for the description of the shoreline along the east bank of the Fond
du Lac River; thence south 1° 52' west, 128.97 feet to the
north line of said Lot 11 to a point, and which said point is the
termination point for this description.
(3)
Three certified copies of this section, together with three true
and correct copies of such maps, shall be submitted to the Public
Service Commission of Wisconsin for its approval.
(4)
Upon the return and receipt of such approved maps, the same shall
be filed as follows: one in the office of the Public Service Commission,
one in the office of the City Clerk and one in the office of the Register
of Deeds.
B.
Bulkhead line. A bulkhead line as described below is hereby established,
and upon such establishment three copies of the map and this subsection
shall be filed with the office of the Wisconsin Department of Natural
Resources, one copy with the City Clerk and one copy with the Register
of Deeds.
Commencing at a point along the westerly line of Water St. and
the center line of Hone St. as vacated; thence westerly along the
center line of Hone St. extended (as vacated) 61.15 feet to the place
of beginning for said bulkhead line; thence north 1E 36' east
224.09 feet to a point, which said point is the termination for this
description.
No person shall obstruct any navigable waters within the City,
whereby the free flowage thereof is impaired, and no person shall
place in any navigable waters within the City any substance whatsoever
that may obstruct or be likely to obstruct any such waters or impede
their free navigation, or construct or maintain any bridge, boom or
dam not authorized by the Wisconsin Statutes.
No person shall throw, dump or deposit any sticks, branches,
timber, rubbish, stones, gravel, grout, concrete blocks, waste, refuse,
trash, junk, litter, debris, carcass of any animal or fowl, snow or
ice into any river, creek, stream, lagoon or drainage canal or ditch
in the City or into that part of Lake Winnebago lying within the corporate
limits of the City or within the established shoreline of Lake Winnebago,
and no person shall drain, discharge, deposit or empty any sewage
in any such waters or allow or permit the draining of any sewage therein.
No person shall damage or remove any portion of the improved
shore protection of any navigable waters within the City unless a
written permit is first obtained from the Director of Public Works.
A.
Damaging. No person shall willfully injure or damage any bridge,
abutment or part thereof within the City or fasten or hitch any boat,
timber or other floating material to any such bridge or abutment.
B.
Diving or jumping from. No person shall jump or dive from any bridge
within the City into the waters thereunder.
C.
Loitering. No person shall loiter upon any bridge within the City.
A.
State regulations adopted. Sections 30.50 to 30.71, Wis. Stats.,
and Ch. NR 5, Wis. Adm. Code, relating to safety regulations for boats,
so far as applicable to the City, are hereby adopted by reference
as if fully set forth herein.[1]
B.
Muffler required. No person shall operate any boat propelled by a
petroleum product within the City unless the boat is equipped with
a muffler in good working order and closed so that all of the motor
exhaust passes through the muffler to reduce so far as reasonably
possible the noise of such exhaust.
D.
Reckless navigation. No person shall drive, operate or use a motorboat
on the navigable waters located in the City in a careless, negligent
or reckless manner so as to endanger or be likely to endanger the
life, property or person of others.
E.
Power boats.
(1)
Entering or leaving harbor. Power boats with permanent or detachable
motors entering the Municipal Harbor at Lakeside Park shall upon entering
the harbor continue on a straight north and south course from the
entrance to a point at least 150 feet to the south of the entrance;
and all such boats leaving the harbor shall do so by leaving on a
due north and south course, which course shall continue at least for
a distance of 150 feet south of the exit due north to the exit. At
no time shall boats entering or leaving the harbor deviate from a
due north and south course within that distance of 150 feet, as marked
by a buoy located in the harbor to the entrance or exit.
(2)
Towing water skis, aquaplanes, etc. No water skiing, aquaplaning
or similar actions operated by being towed behind power boats shall
be carried on in the waters of the Municipal Harbor.
No person shall locate, place or occupy any boat that is used
as a place of residence on any navigable waters within the City; provided,
however, that nothing in this section shall prohibit any person from
docking at any wharf within the City where such docking is done as
part of travel upon the public waters where the occupants of the boats
are not using the same as a place of abode.
The City Manager shall have jurisdiction and control of regulating
the occupancy and use of boathouses in Lighthouse Harbor in Lakeside
Park and of the docking of all boats within Lighthouse Harbor and
in the lagoons located in Lakeside Park and shall adopt such rules
and regulations in regard thereto as he deems necessary to promote
the public health, safety and general welfare as provided by § 27.08(2)(a),
Wis. Stats.
The Chief of Police is hereby authorized to remove to a convenient
and safe place any boat, watercraft or float obstructing or interfering
with the free navigation of any navigable waters located within the
City, provided that notice is given in the manner provided by § 30.16,
Wis. Stats.
Except as otherwise provided, any person found to be in violation of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
