The intent of this article 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.
[Amended 6-2-1986]
The provisions of this article are adopted in the interest of
public health and safety and shall apply to persons, vehicles, boats
and other objects upon, in and under the waters and ice of Okauchee
Lake and Garvin Lake within the jurisdictions of the Town of Oconomowoc
and Merton, which are all such municipalities surrounding, riparian
to and having jurisdiction over Okauchee Lake, and of Upper Oconomowoc
Lake, Ashippun Lake and Florence Lake within the jurisdiction of the
Town of Oconomowoc, which is the only municipality surrounding, riparian
to and having jurisdiction over such lakes.
[Amended 1-6-1998]
The following statutory provisions describing and defining regulations
with respect to water traffic, boats, boating and related water activities
in the following enumerated sections of the statutes, exclusive of
any provisions therein relating to the penalties to be imposed or
the punishment for violation of such statutes, are hereby adopted
and by reference made a part of this article as if fully set forth
herein:
|
30.50
|
Definitions
|
|
30.501
|
Capacity plates on boats
|
|
30.505
|
Certificate of number system to conform to federal system
|
|
30.51
|
Certificate of number and registration; requirements; exemptions
|
|
30.52
|
Certificate of number and registration; application; certification
and registration period; fees; issuance
|
|
30.523
|
Certification or registration card to be on board; display of
decals and identification number
|
|
30.53
|
Certificate of origin; requirements; contents
|
|
30.531
|
Certificate of title; requirements; exemptions
|
|
30.533
|
Application for certificate of title; hull and engine identification
numbers
|
|
30.537
|
Certificate of title; issuance, records; fees
|
|
30.539
|
Contents of certificate of title
|
|
30.54
|
Lost, stolen or mutilated certificates
|
|
30.541
|
Transfers of boat titles
|
|
30.543
|
Report of stolen or abandoned boats
|
|
30.544
|
Inspection of boats purchased out-of-state
|
|
30.547
|
Alterations and falsifications prohibited
|
|
30.549
|
Transfer of ownership of boats with a certificate of title,
certificate of number or registration
|
|
30.55
|
Notice of abandonment or destruction of boat or change of address
|
|
30.553
|
Sharing boat title records
|
|
30.60
|
Classification of motorboats
|
|
30.61
|
Lighting equipment
|
|
30.62
|
Other equipment
|
|
30.63
|
Sale and use of certain outboard motors restricted
|
|
30.635
|
Motorboat prohibition
|
|
30.64
|
Patrol boats
|
|
30.65
|
Traffic rules
|
|
30.66
|
Speed restrictions
|
|
30.67
|
Accidents and accident reports
|
|
30.675
|
Distress signal flag
|
|
30.68
|
Prohibited operation
|
|
30.681
|
Intoxicated boating
|
|
30.682
|
Preliminary breath screening test
|
|
30.683
|
Implied consent
|
|
30.684
|
Chemical tests
|
|
30.686
|
Report arrest to department
|
|
30.687
|
Officer's action after arrest for violating intoxicated boating
law
|
|
30.69
|
Water skiing
|
|
30.70
|
Skin diving
|
|
30.71
|
Disposal of waste from boats equipped with toilets
|
As used in this chapter, the following terms shall have the
meanings indicated:
An area of water established and marked as an anchorage by
lawful authority.
A boat on which a toilet or food preparation facilities exist
or on which persons are living, sleeping or camping.
An area designated by authorized aids to navigation.
Any access to the water by means of public property.
Being plugged from the outside of the hull in such a manner
that the plug cannot be removed from the inside of the boat.
The slowest possible speed so as to maintain steerage.
An authorized area marked by regulatory markers to designate
a swimming area.
A.
General limits.
(1)
No person shall operate a boat at a speed in excess of 10 miles per
hour from sunset each day until 8:00 a.m. the following morning.
(2)
No person shall operate a boat at a speed in excess of 40 miles per
hour on Okauchee Lake and Upper Oconomowoc Lake.
(3)
No person shall operate a boat a speed in excess of 30 miles per
hour on Ashippun Lake.
[Added 3-18-1996]
B.
Special limits.
(1)
No person shall, at any time, operate a boat in excess of slow-no-wake
in an area from a shore-to-shore line in Little Okauchee Lake, such
line to be parallel to and 300 feet southwest of the Lake Drive bridge
and extending eastward to the mouth of the channel (entrance to Big
Okauchee Lake), Bay Five, Park Bay, Pickerel Bay, and in the channel
between Little Okauchee Lake and Upper Oconomowoc Lake.
(2)
No person shall, at any time, operate a boat in excess of a slow-no-wake
speed in the area north of an east-west line, such line being 100
feet south of the mouth of the Oconomowoc River in the northeast portion
of Okauchee Lake.
(3)
No person shall, at any time, operate a boat in excess of a slow-no-wake
speed in the mouth of the southwest bay of Upper Oconomowoc Lake,
A slow-no-wake sign and buoy shall be placed in such location on the
lake as to be observed by an ordinarily prudent person and at a specified
distance north and south of the area to which this subsection applies.
[Added 5-1-1989]
(4)
No person shall, at any time, operate a boat in excess of a slow-no-wake
speed in Martinique Bay on Okauchee Lake. A slow-no-wake sign and
buoy shall be placed in such a location at the mouth of Martinique
Bay as to be observed by an ordinarily prudent person.
[Added 3-18-1996]
(5)
No person may operate or use a motorboat or personal watercraft repeatedly
in a circuitous course with a diameter of less than 200 feet at a
speed in excess of slow-no-wake speed (Okauchee Lake, Upper Oconomowoc
Lake, Florence Lake and Ashippun Lake).
[Added 5-6-1996]
(6)
No person may operate or use a motorboat or personal watercraft repeatedly
in a circuitous course with a diameter of less than 200 feet at a
speed in excess of slow-no-wake speed (Okauchee Lake and Upper Oconomowoc
Lake).
[Added 5-6-1996]
No person shall operate or loan, rent or permit a boat to leave
the place where it is customarily kept for operation on the waters
covered by this article with more passengers or cargo than a safe
load.
A.
Reflectors required. All piers, rafts, ski jumps or other stationary
objects, extending into and/or located upon the waters covered by
this article, shall have red reflector signals on each side thereof;
and in the case of piers, such reflectors shall be not less than three
feet from the outer limits thereof and shall be at least three inches
in diameter.
B.
Permits required. No water ski jump shall be placed upon the waters
covered by this article at any time unless a permit is obtained from
the Water Safety Patrol. No raft or other stationary object shall
be placed more than 100 feet from the shore unless a permit is obtained
from the Water Safety Patrol.
C.
Issuance. A permit issued under this article shall specify the location
of the ski jump, raft or other structure and, in the case of ski jumps,
the area of water to be used by users of such jump. Permits shall
be issued only if, in the opinion of the Water Safety Patrol, the
proposed use of the water and location of the structure are such as
not to interfere with or obstruct navigation and other uses of the
water.
A.
Intoxicated person not to ride in boats. No person shall permit any
person who is so intoxicated or under the influence of a controlled
substance as to be unable to provide for his own safety to be a passenger
in a boat operated by him, except in case of an emergency.
B.
Safe operation required. No person shall operate, direct or handle
a boat in such manner as to unreasonably annoy, unnecessarily frighten
or endanger the occupants of his or other boats.
C.
Noise levels.
(1)
Maximum noise levels for operation.
(a)
No person may operate a motorboat powered by an engine manufactured
before January 1, 1978, in such a manner as to exceed a noise level
of 86 decibels measured on an "A" weighted decibel scale measured
at a distance of 50 feet from the motorboat.
(b)
No person may operate a motorboat powered by an engine manufactured
on or after January 1, 1978, and before January 1, 1982, in such a
manner as to exceed a noise level of 84 decibels measured on an "A"
weighted decibel scale measured at a distance of 50 feet from the
motorboat.
(c)
No person may operate a motorboat powered by an engine manufactured
on or after January 1, 1982, in such a manner as to exceed a noise
level of 82 decibels measured on an "A" weighted scale measured at
a distance of 50 feet from the motorboat.
(2)
Tampering. No person may move or alter any part of a marine engine, its propellation unit or its enclosure or modify the mounting of a marine engine on a boat in such a manner as to exceed the noise levels prescribed under Subsection C(1) above.
(3)
Exemption for regattas. This subsection does not apply to a motorboat
while competing in a race conducted under a permit issued by the Town,
nor does it apply to a boat designed and intended solely for racing,
while the boat is operated incidentally to the tuning up of the boat
and engine for the race.
D.
Motor limitation on Ashippun Lake. No person may operate a motorboat
powered by an internal combustion engine on Ashippun Lake in an area
described as the "west end channel" which leads from Ashippun Lake
to the Ashippun River. This prohibition shall extend from the mouth
of the west end channel northwesterly to the Ashippun River. Electric
motors only may be used in this restricted zone. A sign and buoy shall
be placed in the mouth of said channel in such location and so marked
as to be observed by an ordinarily prudent person.
[Added 3-18-1996]
E.
Upper Oconomowoc Lake dam restrictions. No person shall swim or fish
from the Upper Oconomowoc Lake dam, which empties into the Oconomowoc
River, nor may any person occupying a boat on Upper Oconomowoc Lake
fish over the Upper Oconomowoc Lake dam into the waters of the Oconomowoc
River.
[Added 3-18-1996][1]
In addition to the traffic rules in § 30.65, Wis. Stats., adopted in § 175-3, the following rule shall apply to boats using the waters covered by this article:
A.
Right-of-way at docks, piers and wharves. Boats leaving or departing
from a pier, dock or wharf shall have the right-of-way over all other
watercraft approaching such dock, pier or wharf.
B.
Right-of-way of sailboats. Boats propelled entirely by muscular power
shall yield the right-of-way to sailboats when necessary to avoid
risk of collision.
A.
From boats. No person shall swim from any unmanned boat unless such
boat is anchored.
B.
Distance from shore. No person shall swim more than 150 feet from
the shore unless in a designated swimming zone or when accompanied
by a competent person in a boat.
C.
Hours limited. No person shall swim more than 150 feet from the shoreline
between sunset and sunrise.
A.
Refuse. No person shall deposit, place or throw any cans, paper,
bottles, debris, refuse, garbage, solid or liquid waste into the water
of any lake covered by this article.
B.
Toilets and heads. The toilet of any boat, the nautical term for
which is "head," must be plugged from the outside of the hull in such
manner that the plug cannot be removed from the inside of the boat.
A.
Permit required. No person shall direct or participate in any boat
race, regatta, water ski meet or other water sporting events or exhibition
unless such event has been authorized and a permit issued therefor
by the Water Safety Patrol.
B.
Permit. A permit issued under this article shall specify the course
or area of water to be used by participants in such event and the
permittee shall be required to place markers, flags or buoys approved
by the Water Safety Patrol, designating the specified area. Permits
shall be issued only if, in the opinion of the Water Safety Patrol,
the proposed use of the water can be carried on safely and without
danger to or substantial obstruction of other watercraft or persons
using the lakes. Permits shall be valid only for the hours and area
specified thereon.
C.
Right-of-way of participants. Boats and participants in any such
permitted events shall have the right-of-way on the marked area and
no other person shall obstruct such area during the race or event
or interfere therewith.
A.
Navigation aids. The Water Safety Patrol is authorized and directed
to place and maintain suitable markers, navigation aids and signs
in such water areas as shall be appropriate to advise the public of
the provisions of this article and to post and maintain a copy of
this article at all public access points on waters covered by this
article.
B.
Standard markers. All markers placed by the Water Safety Patrol or
any other person upon the waters covered by this article shall comply
with the regulations of the Department of Natural Resources.
C.
Interference with markers prohibited. No person shall, without authority,
remove, damage or destroy or moor or attach any watercraft to any
buoy, beacon or marker placed on the waters of any lake covered by
this article, by the authority of the United States, state, county
or Town or by any private person, pursuant to the provisions of this
article.
D.
Marking required for restricted areas. Any person operating a business,
or any association, corporation, organization of lot owners or groups
of persons who allow the public or members to swim from the shoreline
under his or its control, shall mark the intended restricted area
to be used for swimming. Marking shall be with appropriate "regulatory
restricted activity area" markers.
[Added 6-2-1986]
Pursuant to § 30.74(2), Wis. Stats., the following
designated area is established as a navigation lane and mooring of
boats is hereby prohibited in such area: an area in the channel between
Steinmeyers Island and the east shore of Okauchee Lake, extending
480 feet north to south and 75 feet east to west located between lines
extending from the northeast and southeast corner of such island due
east to the east shore of Okauchee Lake.
No person shall use any houseboat as a place of residence on
Okauchee Lake, Upper Oconomowoc Lake, Ashippun Lake or Florence Lake.
[Added 3-18-1996]
A.
Vehicles on ice prohibited. No person shall operate an automobile
on the ice of Ashippun Lake or Florence Lake.
B.
Safe operation. No person shall use or operate any automobile or
other motor-driven vehicle on ice in any manner so as to endanger
persons engaged in skating or in any other winter sport or recreation
activity upon the ice, or so as to endanger property belonging to
others, and no person shall, while using or operating any automobile
upon the ice, tow, pull or push any person on skates, sleds, skis,
toboggan or device or thing of any kind designated or utilized to
carry or support one or more persons.
C.
Speed. No person shall use or operate any automobile on the ice at
a speed in excess of 10 miles per hour.
E.
Races, time trials, sporting events, exhibitions and fisheries.
(1)
Permit required. No person shall sponsor, direct or participate in
any race, time trial, sporting event, exhibition or fishery upon the
ice, unless such event has been authorized and a permit issued therefor
by the Town Board.
(2)
Permit. A permit issued under this article shall specify the course
or area of ice to be used by participants in such event and the permittee
shall be required to place markers or flags approved by the Town Board,
designating the specified area. The Town Board shall refer all such
applications to the Police Department for investigation, report and
recommendation, and the permits shall be issued only if, in the opinion
of the Police Department, the proposed use of the ice can be carried
on safely without danger to or substantial obstruction to other persons
using the ice. Permits shall be valid only for the hours and area
specified thereon.
(3)
Right-of-way of participants. Participants in any such permitted
events shall have the right-of-way on the marked area and no other
person shall obstruct such area during the event or interfere with
the participants.
(4)
Cleanup. The permittee shall be required to remove all debris from
the designated area immediately following the termination of the event.
The Town Board may require a bond so as to ensure satisfactory cleanup.
(5)
Police. The permittee shall be required to provide adequate and proper
policing during the event, including control of vehicular parking.
F.
AUTOMOBILE
MOTOR-DRIVEN VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All motor vehicles of the type and kind permitted to be operated
on the highways in the state.
Any kind of device or thing designed or utilized for propulsion
or movement upon the ice using a motor, whether of internal combustion
design or not, including snowmobiles.
G.
Risk and liability. All traffic on the icebound waters of the lakes
to which this section applies shall be at the risk of the traveller
as set forth in § 30.81(3), Wis. Stats., and nothing in
this section shall be construed as rendering the enacting authority
liable for any accident to those engaged in permitted traffic while
this section is in effect.
H.
No person shall operate a motorboat towing a person on water skis,
aquaplane or similar device, including any form of "tubing," on Ashippun
Lake, nor shall any person engage in water skiing, aquaplaning or
similar activity, including any form of "tubing," on Ashippun Lake
in other than a counterclockwise direction.
[Added 3-4-2013 by Ord. No. 2013-1]
A.
Intent. It is the intent of these regulations to provide the basic
guidelines and parameters for the safe and healthful use of motorcycles,
snowmobiles and all-terrain vehicles (ATVs) and conduct of activities
on specific ice-bound waters located solely within the Town of Oconomowoc
pursuant to the grant of authority under § 30.81, Wis. Stats.,
and the police power of the Town.
B.
Water bodies. The water bodies to which this section applies are
the two ponds, one on either side of Geitzen Drive south of the Geitzen
Drive/Park Street intersection, located in the southeast and southwest
quarter sections of Section 36.
C.
ALL-TERRAIN VEHICLE (ATV)
MOTORCYCLE
SNOWMOBILE
Definitions.
Any motorized vehicle as defined by § 340.01(2g),
Wis. Stats.
Any motorized vehicle as defined by § 340.01(32),
Wis. Stats.
Any motorized vehicle as defined by § 340.01(58a),
Wis. Stats.
D.
Regulations. The following regulations apply to the operation of motorcycles, snowmobiles and all-terrain vehicles on specific ice-bound navigable waters located solely within the Town of Oconomowoc which are described in Subsection B above:
(1)
No person shall operate a motorcycle, snowmobile or all-terrain vehicle defined in Subsection C above at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
(2)
No motorcycle, snowmobile or all-terrain vehicle may be operated
on ice-bound navigable waters in excess of 10 miles per hour within
100 feet of an ice shanty, parked vehicle or person.
(3)
No person shall operate a motorcycle, snowmobile or all-terrain
vehicle in an erratic, free-wheeling manner, and all maneuvers, including,
but not limited to, "wheelies," "doughnuts," "skating" the vehicle,
"spinning out," and "wheel-spinning" are specifically prohibited.
(4)
No person shall operate a motorcycle, snowmobile or all-terrain
vehicle not properly equipped with a muffler, and, even if equipped
with a muffler, no person shall operate such a motorcycle in a manner
so as to create noise in excess of 96 DBA.
E.
Section 175-16E of the General Code of Ordinances applies to operation of motorcycles on the water bodies described in § 175-16.1B, above. Section 175-16.1D(1) through (5) and § 175-16C, shall not apply to races on such water bodies if permits required by § 175-16E(1) have been authorized and issued by the Town Board.
F.
Violations and penalties. The penalty for violation of § 175-16.1 shall be a forfeiture and penalty assessment if required by § 165.87, Wis. Stats., a jail assessment if required by § 53.46(1), Wis. Stats., plus any applicable fees prescribed in Chapter 814, Wis. Stats. The forfeiture shall be as established in the Town of Oconomowoc schedule of forfeitures, with the initial forfeiture being set at $88.80 for the first violation.
In addition to the rules contained in § 30.69, Wis.
Stats., the following rules shall control water skiing on the waters
covered by this article:
A.
No person shall operate a motorboat and tow any person upon water
skis or other similar device in the following designated area of Okauchee
Lake: an area from a shore-to-shore line in Little Okauchee Lake,
such line to be parallel to and 300 feet southwest of the Lake Drive
bridge extending eastward under the bridge and eastward to the mouth
of the channel (entrance to Big Okauchee Lake), Bay Five, Park Bay,
Pickerel Bay and Tierney Bay.
[Amended 5-18-1987]
B.
No person shall operate a motorboat towing a person on water skis,
aquaplane or similar device, nor shall any person engage in water
skiing, aquaplaning or similar activity, at any time from sunset to
8:00 a.m. the following morning.
C.
Garvin Lake is less than 50 acres in size and comes under the limitations
of § 30.635, Wis. Stats. Water skiing is prohibited on Garvin
Lake.
[Added 6-2-1986]
