[Adopted 7-24-2017 by Ord. No. 17-12]
(a)
The statutory provisions describing and defining regulations with
respect to water and ice traffic, boats, boating and related water
and ice activities in the following enumerated Sections 30.50 through
30.81, inclusive, Wis. Stats., are hereby adopted and by reference
made a part of this article as if fully set forth herein. Any act
required to be performed or prohibited by the provisions of any statute
incorporated by reference herein is required or prohibited by this
article.
(b)
All rules and orders created by the Wisconsin Department of Natural
Resources designated Chapter NR 5 of the Wisconsin Administrative
Code, modifying or supplementing the foregoing provisions of the state
law or which may be adopted or made in the future are hereby incorporated
in and made a part of this article by reference to the same as if
they are or were to be set out herein verbatim.
(c)
All deletions, additions and amendments which may be made to the sections of the State laws enumerated under Subsection (a) above are hereby adopted and incorporated herein by reference as of the time of their respective effective dates, as if they were to be set out herein verbatim.
(d)
Speed limits.
(1)
No person shall operate any boat powered by an engine, or any
other boat, in or upon the waters of Geneva Lake at a speed in excess
of 45 miles per hour between sunrise and sunset; nor at a speed in
excess of 15 miles per hour between sunset and sunrise, except as
noted in Subsection (d)(2), below.
(2)
On weekends (from 12:01 p.m. every Friday to 12:00 midnight
Sunday) and on Memorial Days, July 3 through 5, and Labor Day of each
year, no person shall operate any boat powered by an engine, or any
other boat, in or upon the waters of Geneva Lake at a speed in excess
of 35 miles per hour between sunrise and sunset.
(3)
The speed limit set forth in Subsection (d)(1) shall not apply
to police patrol boats in situations involving emergencies, or while
engaged in law enforcement, nor to boats participating in a duly authorized
race, regatta or water ski meet duly authorized by a permit while
operating in the designated area authorized by said permit. The speed
limit set forth in Subsection (a) shall not apply to Water Safety
Patrol boats in situations involving emergencies.
(e)
Careless, negligent, or reckless operators. No person shall operate
or use any boat powered by an engine or any other boat, or manipulate
any water skis, aquaplane or similar device in or upon the waters
of Geneva Lake in a careless, negligent, or reckless manner so as
to endanger another person’s life, safety or property of another.
(a)
SWIMMING ZONES
TRAFFIC AREA
Definitions. As used in this article, the following terms shall have
the meanings indicated:
All areas marked by buoys and/or regulatory markers and properly
permitted by the DNR and local municipalities are so designated.
Beyond 200 feet distant and parallel to the shoreline, and
100 feet from any dock, raft, pier, structure, mooring area or buoyed
restricted area.
(b)
Restrictions.
(a)
Swimming
regulations.
(1)
Swimming from boats. No person shall swim from any boat unless
such boat is anchored or the boat is manned by a competent person.
(2)
Swimming in traffic area. No person shall swim in the traffic
area unless accompanied by a boat manned by a competent person. Such
boat shall stay within 50 feet of and guard such swimmer. This subsection
is subject to the provisions set forth in Subsection (a)(3), below.
(3)
Hours limited. No person shall swim in the traffic area from
sunset to sunrise.
(b)
Water skiing.
(1)
All
water skiing is limited to the traffic area.
(2)
No watercraft which shall have in tow a person or persons on
water skis, surfboards, or similar devices shall be operated upon
Geneva Lake unless such watercraft shall be occupied by at least two
competent persons. One person shall operate the boat and observe boat
traffic at all times, and the second shall observe the towed person.
(3)
The drivers or operators of all watercraft by means of which
aquaplanes, water skis, or similar devices are being towed, and the
riders of such devices, must conform to the same rules and clearance
as provided in this article for motor boats.
(4)
Any person using water skis, an aquaplane or a similar device,
or any person who is towed in any manner by a watercraft or other
means shall wear a United States Coast Guard approved personal flotation
device.
(c)
Spearfishing. Under- or in-water spear fishing is prohibited within
100 feet of municipal piers, harbors (Lake Geneva/Riviera, Williams
Bay, Fontana, Linn Pier/Trinke Estates, Abbey Harbor) and marinas.
[Amended 7-24-2017 by Ord. No. 17-12]
(d)
Bouys to be out by the first day of winter.
No person shall deposit, place or throw any cans, bottles, debris,
refuse, garbage, solid or liquid waste, sewage or effluent into the
waters of the lake or upon the ice when formed or cause or permit
the same to be done by any agent or employee.
(a)
Standard markers. All regulatory markers, navigation aids and other
waterway markers placed upon the waters of the lake shall comply with
the regulations of the Department of Natural Resources and approval
of the designee of the local government.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held to be invalid or unconstitutional,
by reason of any decision of any court of competent jurisdiction,
such decision shall not affect the validity of any other section,
subsection, sentence, clause or phrase or portion thereof. The Board
or Council hereby adopting this article declares that they would have
passed this article and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions
thereof may be declared invalid or unconstitutional.
(a)
Any person who shall violate § 30.67(1), Wis. Stats., which
are adopted as local ordinances in § 90-34 of this article
shall, upon conviction thereof, forfeit and be subject to the penalties
as set forth in § 30.80, Wis. Stats., as amended from time
to time and as set forth in the bond schedule as it is amended from
time to time, on file with the court having jurisdiction for the enforcement
of this Joint Uniform Lake Law Ordinance for Geneva Lake.
(b)
Any person violating § 30.67(2), Wis. Stats., shall forfeit
the amounts set forth in § 30.80, Wis. Stats., as amended
from time to time and as set forth in the bond schedule as it is amended
from time to time, on file with the court having jurisdiction for
the enforcement of the Joint Uniform Lake Law Ordinance for Geneva
Lake.
(c)
Any person who shall violate §§ 30.681(1)(a) or (b)
or 30.684(5), Wis. Stats., which are adopted as local ordinances in
§ 90-34 of this article shall, upon conviction thereof,
forfeit and be subject to the applicable penalties as set forth in
§ 30.80(6)(a) through (e) as amended from time to time and
as set forth in the bond schedule as it is amended from time to time,
on file with the court having jurisdiction for the enforcement of
the Joint Uniform Lake Law Ordinance for Geneva Lake.
(d)
Any person who shall violate those provisions set forth in § 90-34
of this article and for which penalties are not specifically provided
for herein shall, upon conviction thereof, forfeit an amount as set
forth in the bond schedule as it is amended from time to time, on
file with the court having jurisdiction for the enforcement of the
Joint Uniform Lake Law Ordinance for Geneva Lake.
(e)
Any person violating any provision of the Joint Uniform Lake Law
Ordinance for which a penalty is not provided for herein or which
is not provided for in the bond schedule as it is amended from time
to time, on file with the court having jurisdiction for the enforcement
of the Joint Uniform Lake Law Ordinance of Geneva Lake, shall forfeit
not more than $500 for the first offense and shall forfeit not more
than $1,000 upon conviction of the same offense a second or subsequent
time within one year.
