[HISTORY: Adopted by the Common Council of the City of Muskego
at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation facilities — See Ch. 259.
The intent of this chapter is to provide safe and healthful
conditions for the enjoyment of aquatic recreation consistent with
public rights and interests and the capability of the water resource.
The provisions of this chapter 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 all lakes
within the jurisdictions of the City of Muskego.
The statutory provisions describing and defining regulations
with respect to boats and boating, and particularly §§ 30.50
to 30.71, Wis. Stats., and any amendments thereto, exclusive of any
provisions therein relating to the penalties to be imposed or the
punishment for violation thereof, are hereby adopted. Any act required
to be performed or prohibited by any such statutes which are incorporated
herein by reference is required or prohibited by this section.
As used in this chapter, the following terms shall have the
meanings indicated:
Refers to buoys, beacons and other fixed objects in the water
which are used to mark obstruction to navigation or to direct navigation
through safe channels.
All motor vehicles of the type and kind permitted to be operated
on the highways in the State of Wisconsin.
The City of Muskego, Waukesha County, in the State of Wisconsin.
The Public Works and Development Department of the City of
Muskego, Wisconsin.
The Director of the Public Works and Development Department
of the City of Muskego, Wisconsin, to whom all employees of the Public
Works and Development Department, including all divisions, are responsible.
A boat on which a toilet or food preparation facilities exist
or on which a person or persons are living, sleeping or camping.
Any large body of water within the jurisdiction of Muskego,
including Little Muskego Lake, Big Muskego Lake, and Lake Denoon.
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.
Any access to the water by means of public property.
The slowest possible speed so as to maintain steerage.
An authorized area marked by regulatory markers to designate
an area approved for swimming.
Any device designed to be placed in, on or near any navigable
water within the City to convey an official message to a boat operator
on matters which may affect health, safety or well-being.
[Amended 11-4-2020 by Ord. No. 1449]
Director-approved launch fees are established for anyone using
a City public boat launch. Launch use is defined as a trailer's wheels
entering the launch ramp area and water for the purpose of launching
a watercraft.
[Amended 9-24-2019 by Ord. No. 1436]
A.
Whenever a boat is used for towing purposes, for water sports or
otherwise, there shall be no fewer than two persons in the towing
boat, one to operate the boat and one to be in charge of the tow line,
or the boat shall be equipped with a wide-angle rearview mirror.
B.
When pulling a skier or another boat, the tow rope shall not exceed
75 feet in length.
C.
Any person operating a boat or watercraft on Lake Denoon or Big Muskego
Lake's Bass Bay which is towing a person or persons engaged in waterskiing,
aquaplaning, or similar sport or activity must operate in a counterclockwise
direction on the lake. A counterclockwise direction is determined
by viewing the direction of travel of the boat or watercraft as viewed
from a bird's-eye view of the entire lake.
No boat shall be moored to any public lake access dock or shoreline
without permit issued by the Director or designee. Mooring is defined
as tying a boat to said dock or shoreline with the engine or motor
off.
A.
Capacity restrictions. No person shall operate a boat on any lake
with more passengers or cargo than safely allowed.
B.
Intoxicated persons 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 or her own safety to
be a passenger in a boat while the boat is in operation, except in
case of an emergency.
C.
Safe operation required. No person shall operate, direct or handle
a boat in such a manner as to unreasonably annoy, unnecessarily frighten
or endanger the occupants of the boat or other boats.
D.
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.
When the operator of a boat observes the display on a boat or
by a person of an orange flag approximately 18 inches by 30 inches,
he shall render to the boat or person displaying the flag such assistance
as may be necessary to save the boat or person, or to minimize the
damages to them, insofar as is possible to do so without serious danger
to his own boat or the persons on board. No persons shall display
such a flag unless they are in need of assistance to prevent bodily
injury or destruction of property.
A.
Maximum noise levels for operation.
(1)
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.
(2)
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.
(3)
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 decibel scale measured
at a distance of 50 feet from the motorboat.
B.
Tampering. No person may move or alter any part of a marine engine, its propulsion 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 A above.
C.
Exemption for regattas. This section does not apply to a motorboat
while competing in a race conducted under a permit issued by the City,
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.
Excessive motor noise. Motorboats shall not be continuously operated
without the motor cover firmly secured.
E.
Mufflers. The engine of every motorboat propelled by an internal
combustion engine shall be equipped with a muffler which is so constructed
and kept in constant operation that it prevents excessive or usual
noise at all times while the engine is in operation.
A.
Swimming.
(1)
Swimming and wading is allowed on public beaches under the jurisdiction
of the Department. Any allowed swimming activity shall be subject
to any specific rules and regulations as may be issued and enforced
through permit.
(2)
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.
(3)
When swimming without the use of self-contained underwater breathing
apparatus, a suitable boat (motor or otherwise) shall accompany any
person or persons swimming more than 150 feet from the shoreline or
75 feet from any anchored swimming raft on any waters within the City
of Muskego. No person shall swim from any unmanned boat unless such
boat is anchored.
(4)
Hours. No person shall swim on any lake between sunset and sunrise.
B.
Diving. No person may engage in underwater diving or swimming with
the use of swimming fins or skin diving in waters other than marked
swimming areas or within 150 feet of shoreline, and no person may
engage in underwater diving or swimming with the use of self-contained
underwater breathing apparatus in waters other than marked swimming
areas unless the location of such diving or swimming is distinctly
marked by a diver's flag, not less than 12 inches high and 15 inches
long, displaying one diagonal white stripe three inches wide on a
red background, and of a height above the water so long as to be clearly
apparent at a distance of 100 yards under normal conditions, and so
designed and displayed as to be visible from any point on the horizon.
Except in case of emergency, anyone engaging in such diving or swimming
shall not rise to the surface outside of a radius of 50 feet from
such flag. No person shall engage in such diving or swimming in established
traffic lanes, nor shall any such person, alone or with another, intentionally
or unintentionally, block or obstruct any boat in any manner from
proceeding to its destination where a reasonable alternative is unavailable.
A reasonable alternative route is available when the otherwise unobstructed
boat can proceed to its destination without reducing its lawful speed
by passing to the right or to the left of a marked diving operation.
C.
Boats in public swimming zones. No boat or raft of any kind or description
shall be used in any designated swimming zones except by permit issued
by the Director or designee, or as part of a Department-sponsored
activity.
No person shall use any houseboat as a place of residence on
any lake.
A.
Water ski jumps.
(1)
Permit required. No person shall place or maintain or allow to be
placed or maintained any water ski jump on any lake in the City without
a permit from the Common Council. Such permit shall be for a period
of not more than six months and shall state the limitations of use.
(2)
Application. An application for a permit hereunder shall set forth
the following:
(a)
Name and address of the owner of the structure.
(b)
A scale map of the location of the structure, drawn to a scale
of not less than one inch to 200 feet.
(c)
Proposed method of securing the structure.
(d)
A description of the life preservers and warning devices to
be used which shall conform to the rules of the Wisconsin Department
of Natural Resources and the United States Coast Guard.
(e)
Length of time for which the permit is requested.
(f)
A copy of a policy of public liability insurance applicable
to the structure and its use in amount of not less than $1,000,000.
Endorsements to the policy shall be provided as requested by the City
Attorney.
(g)
A proposed plan for safeguarding the area during jumps from
150 feet before the takeoff to 100 feet after the landing.
(h)
The daylight hours during which the jump will be used.
(3)
No person shall tow another person on water skis for the purpose
of using a water ski jump which is in violation of this section.
(4)
In granting such a permit, the City expressly reserves the right
to revoke any such permit for any reason if it is felt by the City
that said permit is no longer in the best interest of the public.
(5)
A permit fee as established the Common Council shall be paid at the
time of application.
A.
Waterway markers used on waters with the City. No waterway markers
shall be placed in, on or near any navigable waters within the City,
except such buoys or other markers as have been established by the
Department of Natural Resources and the United States Coast Guard
as uniform navigational aids. The rules and regulations of the Department
of Natural Resources and the United States Coast Guard with respect
to specifications, color schemes, lettering, and marking requirements
of waterway markers and aids to navigation shall be kept on file in
the office of the City Clerk. (Wisconsin Administrative Code, Chapter
NR 5, Boat Rules and Registration.)
B.
Display of waterway markers. No waterway marker shall be displayed except in conformity with the requirements of the Department of Natural Resources. (Wisconsin Administrative Code as per Subsection A.) The areas on any lake within the City to be marked with regulatory markers requiring slow-no-wake speed shall be as from time to time established by resolution of the Common Council.
C.
Authority to place markers; permit required.
(1)
No person shall place any waterway marker or aid to navigation in
any navigable waters within the City without a permit to do so issued
by the Common Council. Application for a permit shall be made in duplicate
on forms provided by the City and filed with the City Clerk. The application
shall be set forth in detail:
(2)
The application shall be accompanied by a permit fee as determined
from time to time by the Common Council. The permit when authorized
shall be issued by the City Clerk, and it shall not be transferable
or assignable. The permit shall remain in effect unless surrendered
by the applicant or canceled or revoked by the Common Council.
D.
Maintenance of waterway markers. Waterway markers shall be maintained
in proper condition or be replaced or removed.
E.
Exemptions. The temporary placement of mooring buoys, racecourse
markers, and water-ski course markers for special events may be reviewed
and authorized by the Common Council on an annual basis.
A.
Refuse. No person shall deposit, place or throw from any boat, raft,
pier, platform, or similar structure, or from the shore, any cans,
papers, bottles, debris, refuse, garbage, or solid or liquid waste
on or into any lake.
B.
Possession of glass prohibited. No person shall possess or have under
his or her control any bottle, jar, container, cup, other receptacle
or any other object made of glass, ceramic earthenware or similar
breakable material while on any lake within the City, whether any
lake is frozen or unfrozen. This prohibition does not extend to eyeglasses,
lenses or glass which is an integral part of sporting equipment used
on any lake.
A.
Races on ice.
(1)
License required. No person shall sponsor, promote, or participate
or engage in any automobile or motorcycle race or other contest on
the ice of any lake or other public waters located in the City, unless
said race or contest has first been specially licensed by the Common
Council and the fee therefor as hereinafter provided has been paid
to the City.
(2)
Application. Application for such a license shall be made to the
Common Council as least 20 days prior to the date on which said race
or other contest is to be held. The application for such license shall
state:
(a)
The name of the person or organization promoting said race or
contest.
(b)
The type of race or contest and the number of vehicles to be
involved.
(c)
The names and addresses of the persons who will participate
therein.
(d)
The time and place of said race or contest.
(e)
The number of persons who it is anticipated will attend said
race or contest.
(f)
The time at which said race or contest will conclude.
(3)
License fee. Each application for such license shall be accompanied by cash or a certified check in the amount of $500, or an amount as set by the Common Council, and if a license is granted, the minimum sum of $25 shall be retained as and for the license fee and such additional sums shall be retained as is necessary for the purposes stated in Subsection A(4).
(4)
Purpose. The purpose of this section is to promote and protect the
safety, health and welfare of the citizens of the City and persons
attending such contest, and the amount of the license fee heretofore
provided is to be a reasonable sum for making an investigation as
to the circumstances of the application, to provide for necessary
additional police protection and to clean up the area after the event.
B.
Operation of motor vehicles on ice.
(1)
Operation prohibited on Bass Bay. No person shall use or operate
any automobile or other motor-driven vehicle in excess of 750 pounds
gross vehicle weight upon the ice surface of that part of Big Muskego
Lake known as Bass Bay, which is the bay located at the northwest
end of said Big Muskego Lake.
(2)
Operations regulated. No person shall use or operate any automobile
or other motor-driven vehicle upon the ice surface of any lake or
part thereof located in the City:
(a)
In any manner so as to endanger persons engaged in skating or
in any other winter sport or recreational activity being engaged in
upon the ice.
(b)
At a speed in excess of 10 miles per hour.
(c)
When more than four persons occupy said vehicle.
(d)
To tow, pull or push any person or persons on sleds, skis, skates,
toboggan or device or thing of any kind.
(e)
Between the hours of 9:30 p.m. and 5:30 a.m.
(f)
Unless the operator of the motor vehicle has a valid operator's
license, if the motor vehicle is an automobile, truck, motorcycle
or moped.
(3)
Propeller-driven vehicles prohibited. No person shall operate any
propeller-driven vehicle, device or thing, whether or not designed
for the transporting of a person or persons, upon the ice surface
of any lake or part thereof located in the City.
(4)
No City liability. All traffic on the icebound waters lying within
the City shall be at the risk of the traveler 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.
(5)
Exceptions. Use of snowmobiles and all-terrain vehicles as defined
by statutes of the State of Wisconsin shall not be governed by this
section.
The Common Council may from time to time adopt local regulations
not contrary to or inconsistent with state statute relative to the
equipment, use or operation of boats, pursuant to § 30.77(3)
and (4), Wis. Stats. Any regulations so adopted shall be promptly
posted at all public access points within the jurisdiction of the
City of Muskego and a copy thereof shall also be filed with the Department
of Natural Resources.
[Added 5-19-2021 by Ord. No. 1458[1]]
Lake access shall be open daily from 5:00 a.m. until 10:00 p.m.
and closed from 10:00 p.m. to 5:00 a.m., except for activities and
events sponsored by the Department or authorized by permission of
the Director or designee, and except for the purpose of using the
boat launch to launch or remove a watercraft. Any lake access may
be declared closed to the public by the Director or designee at any
time for any interval of time, with temporary or stated intervals
as the Director or designee shall find reasonably necessary. It shall
be unlawful to go upon an area or part of any lake access of the City
when it has been declared to be closed to the public by the Director
or designee.
[Amended 5-19-2021 by Ord. No. 1458]
Wisconsin state boating penalties as found in § 30.80, Wis. Stats., and deposits as established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conference are hereby adopted by reference. All references to fines shall be amended to forfeitures and all references to imprisonment shall be deleted. The penalty for violation of local regulations not contrary to or inconsistent with state statute shall be provided in § 1-4 of this Code, unless a specific penalty for a specific ordinance or regulation contained in this chapter pursuant thereto is adopted.
