[Adopted as Ch. 12 of the 2011 Code]
A.
Introduction.
(1)
Applicability. The provisions of this section are adopted in the
interest of public health and safety and shall apply to persons, boats
and other objects upon, in and under the waters and ice of Geneva
Lake within the jurisdictions of the city, villages and towns which
are all the municipalities surrounding, riparian to and having jurisdiction
over such lake.
(2)
Enforcement. This section shall be enforced by the officers, employees
and agents of the Geneva Lake Law Enforcement Agency and by the properly
designated and authorized officers and agents of such municipalities.
(3)
Water Safety Patrol. The Geneva Lake Water Safety Committee, Inc.,
through its Water Safety Patrol, shall:
B.
State boating and water safety laws and administrative orders and
rules adopted.
(1)
Statutes adopted. 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
of the Wisconsin 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 section 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 section.
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30.50
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Definitions
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30.501
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Capacity plates on boats
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30.51
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Certificate of number and registration; requirements; exemptions
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30.52
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Certificate of number and registration; application; certification
and registration period; fees; issuance
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30.523
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Certification or registration card to be on board; display of
decals and identification number
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30.53
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Certificate of origin; requirements; contents; guaranteed asset
protection waivers
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30.531
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Certificate of title; requirements; exemptions
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30.533
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Application for certificate of title; hull and engine identification
numbers
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30.539
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Contents of certificate of title
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30.54
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Lost, stolen or mutilated certificates
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30.541
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Transfers of boat titles
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30.543
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Report of stolen or abandoned boats
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30.544
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Inspection of boats purchased out-of-state
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30.549
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Transfer of ownership of boats with a certificate of title,
certificate of number or registration
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30.55
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Notice of abandonment or destruction of boat or change of address
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30.60
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Classification of motorboats
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30.61
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Lighting equipment
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30.62
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Other equipment
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30.63
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Sale and use of certain outboard motors restricted
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30.64
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Patrol boats
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30.65
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Traffic rules
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30.66
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Speed restrictions
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30.67
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Accidents and accident reports
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30.675
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Distress signal flag
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30.68
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Prohibited operation
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30.681
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Intoxicated boating
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30.682
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Preliminary breath screening test
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30.683
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Implied consent
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30.684
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Chemical tests
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30.686
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Report arrest to Department
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30.687
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Officer's action after arrest for violating intoxicated boating
law
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30.69
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Water skiing
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30.70
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Skin diving
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30.71
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Disposal of waste from boats equipped with toilets
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(2)
Administrative Code provisions adopted. All rules and orders created
by the Wisconsin Department of Natural Resources designated Chapter
NR 5, Wis. Adm. Code, modifying or supplementing the foregoing provisions
of state law or which may be adopted or made in the future are hereby
incorporated in and made a part of this section by reference as though
fully set forth herein.
(3)
Changes in state laws adopted. All deletions, additions and amendments which may be made to the sections of the state laws enumerated under Subsection B(1) 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.
(4)
Speed limits.
(a)
In accordance with the Joint Uniform Lake Law, 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 the following speeds:
(b)
The speed limit in Subsection B(4)(a) above shall not apply to police patrol boats in situations involving emergencies or while engaged in law enforcement nor to boats participating in an authorized race, regatta or water ski meet authorized by a permit while operating in the designated area authorized by such permit. The speed limit in Subsection B(4)(a) above shall not apply to Water Safety Patrol boats in situations involving emergencies.
C.
Zones, lanes and restrictions.
(1)
Zones and lanes defined.
(a)
All areas marked by buoys or regulatory markers as swimming
zones are so designated as swimming zones.
(b)
Traffic lanes for boats shall be those areas designated as such
by identifying buoys or other aids to navigation.
(c)
Where the traffic lane is not so identified, a traffic lane
is hereby established and shall be the greater distance between the
shoreline and a line parallel to and 200 feet distant from it and
100 feet from any dock, raft, pier, structure, mooring area or buoyed
restricted area.
D.
Additional safety regulations.
(1)
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
boats approaching such dock, pier or wharf.
(2)
Right-of-way of sailboats over rowboats. Boats propelled entirely
by muscular power shall yield the right-of-way to sailboats when necessary
to avoid risk of collision.
(3)
Mooring lights. No person shall moor or anchor any boat, raft, buoy
or other floating object or permit the same to drift in the traffic
lane above described between sunset and sunrise unless there is prominently
displayed thereon a white light of sufficient size and brightness
to be visible from any direction for a distance of two miles on a
dark night with clear atmosphere. This provision shall not apply to
authorized structures within the pierhead line nor to boats or objects
moored or anchored in mooring areas.
(4)
Rafts and platforms. No person shall place or maintain any raft or
platform more than 50 feet from the shore unless it is so anchored
that it has at least six inches of freeboard above the waterline and
has attached thereto not less than 12 inches from each corner or projection
a red reflector not less than three inches in diameter.
(5)
Swimming regulations.
(a)
Swimming from boats. No person shall swim from any boat unless
such boat is anchored or the boat is manned by a competent person.
(b)
Swimming in traffic lane. No person shall swim in the traffic lane 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 D(5)(c) below.
(c)
Hours. No person shall swim in the traffic lane from sunset
to sunrise.
(6)
Water skiing.
(a)
All water skiing is forbidden outside the traffic lane.
(b)
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.
(c)
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 shall conform to the same rules and clearance
as provided in this section for motorboats.
(d)
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 or have on his person a United States Coast Guard
approved personal flotation device.
(7)
Shooting of projectiles prohibited. No person by use of a contrivance
or device or otherwise in any manner shall throw, propel, send forth
or shoot any missile, projectile or object toward or in the direction
of a person, watercraft or other property.
(8)
Buoys to be out by the first day of winter.
(a)
All buoys shall be removed from the water by the first day of
winter of each year.
(b)
Every municipality, the Water Safety Patrol and the Geneva Lake
Law Enforcement Agency may remove all buoys, regulatory markers or
aids to navigation being privately owned or placed which are not removed
before the first day of winter of each year.
E.
Littering or polluting.
(1)
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.
(2)
Overboard discharge inactivation. No boat equipped with a means of
discharging sewage directly from a toilet or holding tank into the
water upon which the boat is moored or is moved shall enter inland
or outlying waters of the state until such means of discharge is inactivated.
An owner or operator of a boat equipped with such means of discharge
shall contact a representative of the Department of Natural Resources
or a local law enforcement official with respect to inactivation before
entering state waters. Overboard discharge inactivation shall include,
as a minimum, either disconnection of the toilet piping, removal of
the pumping device, securely plugging the discharge outlet, sealing
of the toilet bowl with wax or other method approved by the official
contacted. The inspecting official shall provide the boat owner or
operator with a signed written statement as to the method of inactivation
accepted. The owner or operator shall give information as to the inland
or outlying waters he plans to navigate and as to the time of stay
on such waters. (Pursuant to § SPS 386.07, Wis. Adm. Code.)
F.
Markers and navigation aids.
(1)
Duty of Director and Manager. The Director of the Water Safety Patrol
and the Manager of the Geneva Lake Law Enforcement Agency are authorized
and directed to place and maintain suitable regulatory markers, navigation
aids and signs and waterway markers in such areas of the lake as shall
be necessary under this section, state law and State Administrative
Code provisions and to advise the public of the provisions of this
section and such state law and State Administrative Code provisions
and they shall post and maintain a copy of this section at all public
access points to the lake.
(2)
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 (DNR).
G.
Skin diving and swimming; scuba diving and swimming; skin fishing.
(1)
Subsurface activities.
(a)
In the interest and protection of the public health, safety
and general welfare, the Village Board deems the area comprising Geneva
Lake north of a line drawn from the most southerly point of Conference
Point on the west and the most southerly point of Cedar Point on the
east and the Village Board of Fontana-on-Geneva Lake deems the area
comprising such lake west of a line drawn from the north line of Belvidere
Park on the north shore and the eastern edge of the public road east
of the Club Unique Subdivision on the south shore in the Village and
the City Council of Lake Geneva deems the area of Geneva Bay from
Geneva Bay Estates east to the lakefront of the Somerset Condominium
Association as being highly congested and hazardous for all kinds
of water traffic, especially motor-powered watercraft of all kinds,
sailboats, water skiers and fishermen, and subsurface activities are
especially dangerous in such areas because persons engaged in such
activities cannot be seen by observers on the surface of the water.
(b)
All skin and other underwater diving and swimming used or performed
with self-contained underwater breathing apparatus (scuba diving)
or similar devices are hereby forbidden during the period from May
20 to September 15 of each year within the above-described areas,
except to recover personal property, bodies and to examine the bottom
of the lake for some public authority and then only after making application
for and receiving permission from the Water Safety Patrol in writing.
(2)
Registration required. No person shall engage in underwater diving
and swimming with self-contained under water breathing apparatus without
first having registered and been issued a permit card provided by
the Water Safety Patrol.
(3)
Unassisted scuba diving prohibited. No person shall scuba dive underwater,
unless assisted by another competent, properly equipped scuba diver.
(4)
Boat required. A scuba diver shall be accompanied when in the water
by a boat equipped with an approved dive flag as provided in § 30.70,
Wis. Stats. The boat shall be anchored and shall be manned by a competent
person.
(5)
Scuba diving areas restricted. No person shall scuba dive at any
of the public beaches nor shall scuba diving be done in such a way
as to interfere with fishermen and their lines or with boats and their
anchors.
(6)
Prohibited areas. Restricted areas on the lake other than those above
designated may be out of bounds for scuba divers as determined by
the Water Safety Patrol. These areas shall be properly marked and
designated.
(7)
Recovered articles. All scuba divers and other users of Geneva Lake
who find articles of any value on the bottom of the lake shall deliver
them to the Water Safety Patrol for return to their proper owners
and, if such owners cannot be found, then for disposal according to
law.
(8)
Hours. Scuba diving is forbidden between the hours of sunset and
sunrise, unless for some emergency and then only if properly authorized
as above provided.
H.
Establishment of pierhead line and wharf regulations.
(1)
Definitions. The definitions as set forth in § 30.01, Wis.
Stats., are hereby adopted and incorporated herein by reference the
same as if set forth at length herein. Any future amendment, revision
or modification of the statutes incorporated herein is intended to
be made a part of this subsection.
(2)
Establishment of pierhead line.
(a)
Pursuant to §§ 30.11 and 30.13(3), Wis. Stats.,
and in the interest of the preservation and protection of the public's
rights in the waters of Geneva Lake, the Village, within its boundaries,
does hereby establish a pierhead line on Geneva Lake which shall be
at a distance of 100 feet water ward from the shoreline. The shoreline,
for the purpose of this subsection, shall be at the elevation of the
spillway crest on the Geneva Lake Dam, which is at the elevation of
864.3 feet mean sea level datum. The pierhead line shall run parallel
to the shoreline.
(3)
Unlawful obstruction prohibited.
(a)
Interference with public rights. No wharf or pier shall interfere
with public rights in navigable waters. A wharf or pier which interferes
with public rights in navigable waters constitutes an unlawful obstruction
of navigable waters unless a permit is issued for the wharf or pier
by the Wisconsin Department of Natural Resources under § 30.12,
Wis. Stats., or unless authorization for the wharf or pier is expressly
provided.
(b)
Interference with riparian rights. No wharf or pier shall interfere
with the rights of other riparian proprietors. A wharf or pier which
interferes with rights of other riparian proprietors constitutes an
unlawful obstruction of navigable waters, unless a permit is issued
for the wharf or pier by the Wisconsin Department of Natural Resources
under § 30.12, Wis. Stats., or unless authorization for
the wharf or pier is expressly provided.
(c)
Extension beyond pierhead line; exception.
[1]
No wharf or pier shall extend beyond the pierhead line which has been established under Subsection H(2)(a) above. A wharf or pier which extends into navigable waters beyond the pierhead line established above constitutes an unlawful obstruction of navigable waters, unless a valid permit, license or authorization for the wharf or pier is granted or unless it is a permissible preexisting wharf or pier.
[2]
A wharf or pier is a permissible preexisting wharf or pier if
it existed prior to the establishment of the pierhead line, is not
extended or expanded after that date and if the ownership of the land
to which it is attached did not change after that date, except that
a wharf or pier continues its status as a permissible preexisting
wharf or pier for one year after the date of the change of ownership
is recorded. The seasonal removal of a wharf or pier does not affect
its status as a permissible preexisting wharf or pier if it is reestablished
in substantially the same form. The owner of a wharf or pier may submit
evidence to the Village that it is a permissible preexisting wharf
or pier at any time after the effective date of this subsection.
[3]
All piers including removable piers (non-cribbed) are permissible preexisting piers if they existed prior to the enactment of the Joint Uniform Lake Law Ordinance (adopted 1971, as amended), have not been extended or expanded after that date and do not extend beyond the pierhead line. The seasonal removal of the permissible preexisting pier not extending beyond the pierhead line does not affect its status as a permissible preexisting pier not extending beyond the pierhead line, if it is established in exactly the same form and place, irrespective of a change in ownership of the riparian parcel. Status as a permissible preexisting pier not extending beyond the pierhead line does not imply that authorization for the wharf or pier is provided for the purposes of Subsection H(3)(a) and (b). The owner of a pier may submit evidence to the Village that it is a permissible preexisting pier not extending beyond the pierhead line that existed prior to the enactment of the Joint Uniform Lake Law Ordinance in 1971.
(d)
Free movement of water. Any wharf or pier shall be constructed
so as to allow the free movement of water underneath and in a manner
which will not cause the formation of land upon the bed of the water.
(e)
Location of wharves and piers regulated.
[1]
No wharf or pier shall be located, built, constructed or maintained on a lot or parcel within a distance of 12.5 feet from a riparian proprietor's property line, where such property line intersects the shoreline as defined in Subsection H(2)(a) above.
[2]
This restriction shall not apply to permissible preexisting wharves or piers as defined in Subsection H(3)(c)[2] and permissible preexisting piers not extending beyond the pierhead as defined in Subsection H(3)(c)[3] above.
(4)
Removal of unlawful obstructions. The Village Board may remove a wharf or pier which constitutes an unlawful obstruction of navigable waters as set forth in Subsection H(3) above as provided under § 30.13(5m), Wis. Stats.
(5)
Dilapidated structures in navigable waters prohibited.
(a)
Any wharf or pier in navigable waters which is so old, dilapidated
or in need of repair that it is dangerous, unsafe or unfit for use
may be proceeded against by the Village Board or designated officer
thereof in the manner and pursuant to the procedure as provided in
§ 30.13(5m), Wis. Stats.
(b)
Any wharf or pier in navigable waters which is declared so old,
dilapidated or in need of repair that it is dangerous, unsafe or unfit
for use under § 30.13(5m)(a)2, Wis. Stats., or repair is
determined unreasonable under that section is a public nuisance and
may be proceeded against under Ch. 823, Wis. Stats.
(6)
Wharf and pier permit required.
(a)
Permits required.
[1]
Riparian proprietors who construct or place a wharf or pier or cause the same to be done shall prior thereto obtain a permit therefor from the Village Board. Once a permit is issued by the Village Board, no future permit is required so long as the structure remains in substantially the same form and location. This subsection shall not apply to a permissible preexisting wharf or pier as defined in Subsection H(3)(c)[2] and permissible preexisting piers not extending beyond the pierhead line as defined in Subsection H(3)(c)[3] above.
[2]
No person shall erect, construct, place, extend or maintain
any wharf or pier in such a manner that it violates any of the provisions
of this section, any applicable laws of the state or any rule, order
or regulation of the State DNR. However, any permit granted to a riparian
proprietor by the State DNR pursuant to § 30.12, Wis. Stats.,
shall deem such pier or wharf to be in compliance with this section
to the extent of the permit so granted. A copy of any application
for a permit from the State DNR pursuant to § 30.12, Wis.
Stats., shall be filed with the Village Clerk at the same time such
application is filed with the DNR.
(b)
Application. The application for such permit shall describe
the real estate and the location of the wharf or pier or extension
or modification thereof in detail with regard to such real estate,
shoreline and pierhead line and setting forth the distances of the
wharf or pier to the property lines of any abutting riparian lands,
giving the details of the dimensions and kinds of materials to be
used in the construction of the same, together with any additional
details and specifications which the Village Board may require. Such
application shall also state the name and permanent residence or post
office address of the applicant.
(c)
Investigation and report. Upon filing of such application, the
Village Clerk shall refer the same immediately to the Building Inspector
or such other person as may be designated by the Village Board for
investigation and report, which such report shall indicate that all
of the requirements of this section, applicable laws of the state
and rules and orders of the Wisconsin Department of Natural Resources
will be complied with. The Building Inspector or other designated
official shall thereafter file with the Village a report of his findings,
which such report shall also include a recommendation and the reasons
therefor.
(7)
Issuance, denial or revocation of permits; appeals; fees.
(a)
After the filing and review of the application by the Building
Inspector or other designated person, the Village Board shall act
on the application. No permit shall be granted until the Village Board
determines all requirements of this section and all the applicable
laws of the state and rules and orders of the Wisconsin Department
of Natural Resources have been complied with. The reasons for the
granting or denial of such permit shall be stated in the minutes.
(b)
If the wharf or pier for which a permit has been granted is
not erected, constructed or placed in accordance with the application,
plans, specifications, details and drawings submitted by the applicant
therefor or if the wharf or pier for which a permit has been issued
violates any laws of the state or rules or orders of the Wisconsin
Department of Natural Resources, the Village Board may revoke such
permit. The provisions of this subsection shall not affect the Village
Board's rights to pursue any other legal remedies it may have as provided
in this section or otherwise by law.
(c)
Any person having a substantial interest which is adversely affected by a decision of the Village Board or an officer, employee or agent thereof relating to the issuance, denial or revocation of a permit as provided in this subsection may have such determination reviewed pursuant to the provisions of Chapter 5, Administrative Review, of the Code of the Village of Williams Bay.
(d)
The Village Board may provide for the payment of a reasonable
fee for the issuance of a permit under this subsection.
(8)
Marinas and lagoons. No lagoon or marina shall be constructed or
expanded unless a permit for the same has been obtained from the Wisconsin
Department of Natural Resources as provided by law. At the time an
application is filed with the Department of Natural Resources, a copy
of such application shall be filed with the Village Clerk.
(9)
Wharf
and pier number required. Owners of riparian property who construct
or place a wharf or pier or cause same to be done shall obtain a number
for such wharf or pier from the Geneva Lake Association. Once obtained,
the number shall immediately be fastened to the end of the wharf or
pier which extends into the navigable water and be properly maintained
in a manner so as to be plainly seen from the navigable water.
[Added 3-7-2022 by Ord. No. 2022-04]
I.
Safety regulations affecting the use of water circulators and protection
against dangers created by ice openings.
(1)
ICE OPENING
WATER CIRCULATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any opening in the ice caused by cutting or sawing or by
use of a water circulator to remove the ice or prevent it from forming
in order to reach and use the water in Geneva Lake for the purpose
of fishing, obtaining minnows or other bait, scuba diving, or to protect
a boat, pier, wharf, seawall or other structure from possible ice
damage.
A motor, pump or other device which rotates a propeller or
other apparatus which causes the circulation of water used to keep
the ice from forming around a boat, pier or other structure.
(2)
No person shall operate a water circulator in the waters of Geneva
Lake without first obtaining a permit therefor from the municipal
authority within which the area where the circulator to be used is
located.
(3)
No such circulator shall be used unless the owner or operator places
around the margin of the opening made by such circulator and maintains
at a place where the ice is sufficiently thick to hold at least 300
pounds per square foot a snow fence or its equivalent with closely
spaced slats extending not less than 3 1/2 feet above the surface
of the ice, and shall place signs on the same at intervals of not
less than 25 feet within the word "Danger" in red letters at least
one foot high.
(4)
Ice openings caused by methods other than the use of a water circulator,
when not covered by a building, enclosure, shelter, tent, shanty,
or similar structure, shall be protected against accidents by a notice
and warning by using fencing, wooden horses, "Danger" signs, warning
flags or similar devices to alert the general public of the opening
until such time as the water in the opening has frozen to a thickness
sufficient to hold 300 pounds per square foot at which time such notice
and warning shall be removed to prevent accidents by collision. Such
warning devices shall have on them the name of the person who caused
the opening.
J.
Regulation of snowmobiles and other motor vehicles on the ice. In
the interest of public health and safety, the following laws and regulations
are adopted:
(1)
State snowmobile laws adopted. Except as otherwise specifically provided
in this article, the statutory provisions describing and defining
regulations with respect to snowmobiles in the following enumerated
sections of the Wisconsin Statutes are hereby adopted by reference
and made part of this section as if fully set forth herein. Acts required
to be performed or prohibited by such statutes are required or prohibited
by this section:
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167.31
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Safe use and transportation of firearms and bows
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350.01
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Definitions
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350.02
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Operation of snowmobiles on or in the vicinity of highways
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350.03
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Right-of-way
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350.04
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Snowmobile races, derbies and routes
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350.045
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Public utility exemption
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350.047
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Local ordinance to be filed
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350.05
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Operation by youthful operators restricted
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350.055
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Safety certification program established
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350.07
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Driving animals
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350.08
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Owner permitting operation
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350.09
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Head lamps, tail lamps and brakes, etc.
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350.10
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Miscellaneous provisions for snowmobile operation
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350.12
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Registration of snowmobiles; trail use stickers
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350.13
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Uniform trail signs and standards
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350.15
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Accident and accident reports
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350.17
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Enforcement
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350.18
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Local ordinances
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350.19
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Liability of landowners
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(2)
Operation forbidden on public property. Except as provided in §§ 350.02
and 350.03, Wis. Stats., no person shall operate a snowmobile upon
the path around the lake or any other public right-of-way, or street,
or in any public park or on any other public property unless the same
or any parts of them have been designated as snowmobile routes and
the trails have been clearly marked by municipal authorities.
(3)
Rules of road adopted. If snowmobile routes are designated over public
highways, operators of vehicles upon them shall observe the rules
of the road for motor vehicles set forth in Ch. 346, Wis. Stats.,
in addition to any special rules adopted by this section, and where
operated over parks or other recreational areas, the speed shall not
be in excess of the posted speed limit.
(4)
Unattended vehicles. No person shall leave or allow a snowmobile
owned or operated by him to remain unattended while the motor is running
or with the starting key left in the ignition.
(5)
Operation on private premises restricted. No person shall operate
a snowmobile on any private property not owned or controlled by him
without the express consent and permission of the owner or occupant
of such land.
(6)
Restricted use on lake. No person shall operate or ride upon a snowmobile
on Geneva Lake at any time or place when the ice is unsafe.
(7)
Accidents and accident reports.
(a)
Definition. "Snowmobile accident" means a collision, accident
or other casualty involving a snowmobile.
(b)
Rendering help. If he can do so without serious danger to his
own snowmobile or to persons on board, the operator of a snowmobile
involved in a snowmobile accident on Geneva Lake shall stop his snowmobile
and render to other persons affected thereby such assistance as may
be practicable and necessary to save them from or minimize any danger
caused by the accident and shall give his name, address and identification
of his snowmobile to any person injured and the owner of any property
damaged in the accident.
(c)
Reporting accident.
[1]
If the snowmobile accident results in death or injury to any
person or total property damages in excess of $200, every operator
of a snowmobile involved in such accident shall as soon as possible
notify the police department having jurisdiction over the area in
which the accident occurred of the accident and shall, within 10 days
after the accident, file a written report thereof with such department
on forms prescribed by it.
[2]
If the operator of a snowmobile is physically incapable of making
the report required by this subsection and there is another occupant
in the snowmobile at the time of the accident capable of making it,
he shall make such report.
K.
Right-of-way. Every pedestrian, skater, ice-boater and operator of
a vehicle which is not motor-driven shall have the right-of-way over
a snowmobile and other motor vehicles. The operator of a snowmobile
or other motor vehicle shall yield the right-of-way to all pedestrians,
skaters, ice-boaters and operators and occupants of vehicles which
are not motor-driven. Every pedestrian shall have the right-of-way
over a skater and ice-boater. Every skater shall have the right-of-way
over ice-boaters.
L.
Penalties.
(1)
Any person convicted of a violation of Subsection B(1) of this section as described in § 30.67(1) or (2) or 30.68(2), Wis. Stats., shall forfeit not more than $200, together with the costs of prosecution and penalty assessment, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail not exceeding six months. Any person convicted of a violation of Subsection B(1) of this section as described in § 30.68, Wis. Stats., shall, in addition to the penalties above, be required to obtain a certificate of satisfactory completion of a safety course under § 30.74(1), Wis. Stats.
(2)
Any person convicted of a violation of Subsection B(1) of this section as described in § 30.681(1) or 30.684(5), Wis. Stats., shall forfeit not less than $150 nor more than $300, together with the costs of prosecution and penalty assessment, and shall be required to obtain a certificate of satisfactory completion of a safety course under § 30.74(1), Wis. Stats., and in default of payment of such forfeiture and costs shall be imprisoned in the county jail not exceeding six months.
(3)
In addition to any other penalty imposed, any person convicted of a violation of Subsection B(1) of this section as described in § 30.681(1) or 30.684(5), Wis. Stats., shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol or controlled substances. Intentional failure to comply with an assessment ordered under this subsection constitutes contempt of court, punishable under Ch. 785, Wis. Stats.
(4)
Any person convicted of a violation of Subsection B(1) of this section as described in § 30.71, Wis. Stats., or any rule promulgated under that section, shall forfeit not more than $100 for the first offense and not more than $200 upon conviction of the same offense a second and subsequent time within one year, together with the costs of prosecution and penalty assessment, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail not exceeding six months.
(6)
Penalties for violations involving the use of snowmobiles are set out in § 350.11, Wis. Stats., but forfeitures for such offenses shall be as set out in § 1-4 of this Code.
M.
Establishment of bulkhead line.
(1)
The
bulkhead line along the north shore of Williams Bay of Geneva Lake,
described as follows and as shown by the map on file with the Village
Clerk, is established subject to the approval of the Department of
Natural Resources:
Located in the South 1/2 of the Northwest 1/4 and the Northeast
1/4 of Section 6, Town 1 North, Range 17 East, in the Village of Williams
Bay, County of Walworth, State of Wisconsin, described as follows:
Commencing at a 2 inch iron pipe in the Southwest 1/4 of the
Northeast 1/4 of said Section 6, said pipe marking the Northwest corner
of "Cedar Point Park Second Addition", a recorded subdivision; thence
South 71° 21' 00" West along the North line extended of Cedar
Point Park Second Addition, 21.16 feet to the Point of Beginning of
the following bulkhead line; thence North 64° 21' 59" West, 111.27
feet; thence North 67° 34' 48" West, 204.27 feet; thence North
72° 37' 20" West, 233.08 feet; thence North 78° 06' 06" West,
384.28 feet; thence North 82° 12' 33" West, 290.00 feet; thence
South 89° 32' 35" West, 487.10 feet; thence South 81° 59'
29" West, 154.20; thence South 75° 49' 55" West, 137.83 feet;
thence South 68° 41' 44" West, 64.16 feet; thence South 65°
27' 35" West, 135.85 feet; thence South 61° 46' 44" West, 139.39
feet; thence South 49° 49' 39" West, 83.88 feet; thence South
36° 03' 40" West, 125.72 feet to the point of ending of said bulkhead
line.
(2)
This
subsection shall become effective and said bulkhead line shall be
established upon approval of the Department of Natural Resources,
and upon the filing of the approved ordinance and map with the Department
of Natural Resources, the Clerk of the Village of Williams Bay and
the Register of Deeds for Walworth County.
A.
Docking.
(1)
Docking of a boat or vessel as specified herein or for a period longer
than as specified herein, except by those persons holding valid leases
as tenants and only for the slip described in their respective leases,
is prohibited:
(2)
Pulling alongside or docking on the south end of the Center Municipal
Pier to put on or discharge passengers is permitted. Docking for a
period longer than is necessary to put on or discharge passengers
is prohibited.
(3)
Docking of a boat on any municipally owned pier after 11:00 p.m.
and prior to sunrise is prohibited.
(4)
Penalties.
(a)
(b)
Persons cited for violation of docking offenses described and defined
in this subsection may discharge their penalty and avoid court prosecution
by forwarding within 72 hours of the issuance of the citation to the
Village Police Department the minimum penalty specified for the violation.
When payment is made as provided in this subsection, no court costs
shall be charged.
(5)
BOAT or VESSEL
DOCKING
Definitions. As used in this Subsection A, 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, except a seaplane on the
water and a fish raft.
A boat that is alongside and physically attached to any portion
of a municipally owned pier by any means including, without limitation,
ropes, lines, wires, straps, bumpers or manually being held to the
pier by the boat's occupants.
(6)
Removal of illegally moored boats.
(a)
Hazard to public safety. Any boat moored in violation of any of the provisions of this Subsection A is declared to be a hazard to marine traffic and public safety.
(b)
Removal by operator. Such boat shall be removed by the operator
in charge, upon request of a Village officer having authority to issue
citations herein, to a position where docking is permitted or to a
private or public mooring premises.
(c)
Removal by Village officer. Any Village officer, after issuing a citation for illegal mooring of an unattended boat in violation of this Subsection A, is authorized to remove such boat to a position where mooring is permitted.
(d)
Removal by private service. The officer may order a marine service
which performs boat towing and storage services to remove and store
such boat in any facility of the person providing the marine towing
and storage services.
(e)
Towing and storage charges. In addition to other penalties provided by this Subsection A, the owner or operator of a boat so removed shall pay the actual cost of moving, towing and storage. If the boat is moved or towed by the Village official, a charge as set forth on a schedule of charges established by the Village Board shall be paid. If the boat is towed or stored by a private marine service, actual charges regularly paid for such services shall be paid.
(f)
Registration record of boat as evidence. When any boat is found in violation of any provision of this Subsection A regulating the docking of boats and the identity of the operator cannot be determined, the owner, as shown by the registration of the boat supplied by the Wisconsin Department of Natural Resources or a comparable authority of any other state, shall be deemed to have committed the violation for purposes of enforcement of this Subsection A and shall be subject to the applicable forfeiture penalty, provided that the defenses defined as described in § 346.485(5)(b), Wis. Stats., shall be defense for an owner charged with such violation with references therein to "vehicle" to refer to "boat" throughout.
(7)
Fueling regulations.
[Amended 7-15-2013; 6-20-2016 by Ord. No. 2016-7]
(a)
No person shall fuel watercraft with gasoline by pouring gasoline
from a portable can or container into the watercraft's fuel tank while
being located at the Village-owned lakefront or at any municipally
owned pier in the Village. Watercraft with on-board gasoline fuel
tanks must be removed from the water for fueling or be fueled at a
commercial gasoline facility.
(b)
This subsection is adopted pursuant to the police power of the
Village and is designed to prevent hazardous and dangerous conditions
that are created by persons fueling their watercraft with handheld
gasoline cans, thus exposing themselves to the presence of gasoline
fumes and the potential for the pollution of Geneva Lake by spillage
of gasoline into the lake.
B.
Launching. Launching of any boat or any type of water vehicle from
any part of the Village-owned shoreline, including those areas that
have been leased by the Village, except in the areas provided especially
for launching by the Village, is hereby prohibited.
[Amended 5-16-2016 by Ord. No. 2016-5]
C.
Temporary mooring/anchoring. No one may attach or tether their watercraft
to any Village property, including, but not limited to, benches, trees,
signs, and monuments.
D.
Operator or owner responsible.
(1)
OPERATE
OWNER
REGISTRATION
Definitions. As used in this Subsection D, the following terms shall have the meanings indicated:
When used with reference to a motorboat, means the manipulation
of any of the boat controls which would be used to put the boat in
motion or engage the motor in operation.
The person who has lawful possession of a motorboat by virtue
of legal title or equitable interest therein which entities him to
such possession.
The registration card and sticker or decal issued by the
Wisconsin Department of Natural Resources or a comparable authority
of any other state or country.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Violation. Whenever a motorboat, boat or any other type of water
vehicle is found within the jurisdiction of the Village in violation
of any provision of this section and the identity of the operator
cannot be determined, the owner as shown by the ownership registration
of the boat supplied by the Wisconsin Department of Natural Resources
or a comparable authority of any other state or country shall be deemed
to have committed the violation for purposes of enforcement of this
section and shall be subject to the applicable forfeiture provisions
as provided for in this section.
A.
No person other than duly authorized and constituted governmental
personnel shall place a bathing beach marker, speed zone marker, information
marker, mooring buoy, fishing buoy or any other type of marker or
buoy in the waters of Lake Geneva within the boundaries of the Village
without making a written application and receiving a permit therefor.
B.
Any person desiring to place a marker or buoy described above in
the waters of Lake Geneva within the boundaries of the Village shall
first make a written application therefor to the Village Board which
shall be referred to the Village Harbor Commission for examination,
inspection and approval or rejection, and if approved, a permit shall
be issued by the Harbor Commission.
C.
Any marker or buoy placed in areas described above shall be deemed
to be an unlawful obstruction to navigation and as trespassing and
may be summarily removed by any duly constituted authority representing
the Village, county or state.
A.
Lifeline required. There shall be established upon every public or
quasi-public beach or area upon Geneva Lake within the limits of the
Village a lifeline throughout the length of such beach in such manner
and at such direction as the Trustees may from time to time determine.
Such lifeline shall consist of a rope of a diameter of not less than
one inch and shall be securely fastened at each end opposite each
end of such beach or area and shall be kept afloat by floats strung
or otherwise fastened thereto at the intervals of not more than 20
feet.
B.
Floats.
(1)
All public and quasi-public swimming beaches and areas shall be marked
upon the water by floats painted or colored white which may bear the
emblem consisting of the Red Cross of the American National Red Cross
painted thereon.
(2)
Such floats to be securely anchored to the bottom of the lake at
intervals of not less than 300 feet between the ends of such beaches
and areas parallel to the direction of such beach and not more than
200 feet on the lakeward side of and parallel to the lifelines upon
such beaches and areas. There shall be similarly anchored not less
than one float marked as aforesaid between the mean water level of
such beach and the float at each end of the above-described floats
marking the length of such beach parallel to the shore.
(3)
Littering of beaches prohibited. No person shall place, deposit or
leave upon any public beach within the limits of the Village any paper,
garbage, refuse, trash or other discarded thing, substance or article.
(4)
Operation of boats within swimming areas prohibited. No person shall
moor, anchor, operate, propel, or cause to be moored, anchored, operated,
or propelled any boat in any manner within any or upon any part of
Geneva Lake lying within the boundaries of the Village designated
and marked as a swimming beach. A Water Safety Patrol boat may enter
a swimming area at any time.
(5)
Water Safety Patrol boats. Every boat assigned to or used by any
officer, employee, or lifeguard of the Geneva Lake Water Safety Patrol
upon any beach within the Village shall have conspicuously painted
or marked thereon the words "Water Safety Patrol" or other similar
words designating that such boat is in the use or control of the Geneva
Lake Water Safety Patrol, and no unauthorized person shall use, operate
or occupy any such boat.
C.
Qualification of lifeguards. No person shall be eligible for employment
as a lifeguard upon any public or quasi-public beach within the Village
until they shall have taken and passed the senior life-saving test,
so called, as the same is now or may hereafter from time to time be
prescribed by the American National Red Cross or tests prescribing
equal standards by the Director of the Geneva Lake Water Safety Patrol.
The Village Trustees may require proof of this certification.
D.
Lifeguards hours of duty. The schedule for lifeguards on duty at
the beach shall be published on an annual basis at the beach house
where the public may view it.
E.
Swimming prohibited except in designated areas. No person shall swim
in Geneva Lake within the Village except within the limits of a designated
swimming area. This subsection does not apply to an owner, occupant,
licensee, or lessee, or guest of any thereof, of any privately owned
real estate abutting upon said lake, the frontage of which private
owner, lessee, or occupant is not marked and designated as a quasi-public
beach, nor to any lifeguard acting in the line of duty.
A.
Shoreline established. The shoreline of Geneva Lake is established
and determined as set forth on the Official Shoreline Map on file
with the State Public Service Commission, which is adopted by reference
and made a part of this section.
B.
Permit required. No person shall hereafter construct, place, extend,
modify or change the location of a slip not in cribs, shore station,
ramp or mooring whip on, into or over the water of Geneva Lake without
first applying for and obtaining a permit from the Village.
C.
MOORING WHIP
RAMP
SHORE STATION
SLIP
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A spring loaded device, one end of which is secured to a
wharf, pier, or slip and the other end is secured to a vessel so as
to hold the vessel away from the wharf, pier, or slip. Used in pairs.
A structure installed on the lake shore not exceeding eight
feet in width along the shore and 16 feet in length extending from
the shore toward the lake, constructed of wood, metal or similar framing
with a deck of wood or similar planking material and inclined toward
the water surface or into the water upon which a vessel is pulled
from the water and stored thereon, generally installed on the shore
toward or in the water in the spring and removed in the fall. A ramp
may exceed eight feet in width but each eight feet or portion thereof
constitutes a separate ramp.
A boat cradle or other lifting or holding device for vessels
placed directly on the lake bed or lake shore.
A three-sided part or portion of a wharf or pier or dock
extending out into the water from the wharf or pier to serve as a
landing or mooring place for vessels.
D.
Application and plans. Any person desiring to erect, construct, place, extend, modify, change the location of or add any slip, shore station, ramp or mooring whip in or upon Geneva Lake along or beyond the shore line as it is defined in § 281-1H(2)(a) and shown in § 281-1H(2)(b) of this article shall make and file in the office of the Village Clerk a written application for a permit. The application shall state the name, address and telephone number of the applicant, describe the riparian real estate owned or occupied by the applicant, together with a plan showing the proposed location, extension or modification of the said slip not in cribs, shore station, ramp or mooring whip in detail, together with its location with regard to the shore line, the pierhead line and with the distances to the property lines of the abutting neighboring riparian lands giving the details of the dimensions and kinds of materials proposed together with drawings and any additional details and specifications the Building Inspector and Harbor Commission might require. It shall also state the name, post office address and telephone number of any lessee proposed by the applicant to rent the applied for slip, shore station, ramp or mooring whip.
E.
Delegation of authority to Harbor Commission to issue permits and
the Building Inspector to enforce the provisions of said permits.
(1)
The Village Board does delegate to the Harbor Commission of the Village
of Williams Bay the authority to issue permits and authorize the Building
Inspector to enforce the provisions of the permits for the construction,
placement or modification of slips, shore stations, ramps or mooring
whips in accordance with the provisions of this section.
(2)
No permit shall be granted until the Harbor Commission determines
that all requirements of this section, applicable laws of the State
of Wisconsin and rules and orders of the State DNR have been complied
with. The Harbor Commission shall state the reasons for denying said
permit, which shall be stated in writing and mailed by U.S. mail to
the applicant and which shall also be stated in the minutes of the
meeting. The Harbor Commission may also place restrictions or conditions
on any permit so issued under this section in order to effectuate
the provisions of this section.
F.
Placement requirements. The following requirements shall control
the placement and location of slips, shore stations, ramps and mooring
whips:
(1)
A side line shall be established on Geneva Lake between the riparian
property of the applicant and that of the abutting riparian properties
as fairly as possible considering the curvature of the shoreline.
(2)
No part of any slip not in cribs, shore station or ramp shall extend
to within 12.5 feet of such established side lines. Mooring whips
shall not be located so as to permit boats moored thereto to extend
within 12.5 feet of such established side lines.
(3)
In establishing the side lines between adjacent riparians, the guidance
in § NR 326.07, Wis. Adm. Code, will be used.
(4)
If applicable, permissible preexisting wharves or piers as defined in § 281-1H(3)(c)[2] and permissible preexisting piers not extending beyond the pierhead line as defined in § 281-1H(3)(c)[3] of this article may create an exception to this subsection if a slip was a portion of such a wharf or pier at the time it qualified as such a wharf or pier.
G.
Revocation of permit. The Building Inspector or Harbor Commission
shall revoke a permit if the permittee's placement of the permitted
structure or item subsequently violates the terms of the permit, is
changed or modified as to location or placement without first obtaining
a new permit, or violates any provision of this section.
H.
Duration of permit and permit fee. Each permit to be issued hereunder
will be valid as follows:
[Amended 12-21-2015]
(1)
For new placement of a slip on piles or cribs or modified or changed
placement of a slip on piles or cribs, the permit shall be valid for
as long as the placement location or configuration of the supporting
piles into the lake does not change.
(2)
For structures without piles or cribs that are required to be reinstalled
annually to specifically include a slip not on piles or cribs (removable
slips) and shore stations, ramps and mooring whips, the permit shall
be valid for one seasonal year or portion thereof with such seasonal
year to begin on the first day of spring or the date of the granting
of the permit if later than the first day of spring and to end on
the first day of winter for each year.
(3)
Applications for permits shall be accompanied by a non-refundable
permit fee in the amount to be determined by the Village Board from
time to time by resolution, which charge shall be sufficient to defray
the costs of processing of such applications and the issuance of permits.
A late fee in the amount of two times the permit fee would be imposed
for any permit fee not paid by the date specified in the permit application.
The late fee is in addition to the application fee.
A.
BOAT RAMP
FENCE
PIER
SEAWALL
SETBACK AREA
STAIRWAY
Definitions. The following terms have the meanings indicated:
An inclined platform without any roof or cover, extending
to the edge, over or into the water of Lake Geneva, usually with rollers
at the water's edge, to accommodate small boats during the boating
season and removed when the boating season is over.
An enclosed barrier made of wood, stone, wire, posts or other
material or a planted hedge intended to prevent intrusion from without
or straying from within or to obstruct vision.
A platform supported by a framework resting on the bottom
of the lake extending into Geneva Lake for use as a landing place
for and harboring of boats and for swimming and fishing and may or
may not be attached to the shore.
A wall, embankment or piling used to resist the encroachment
or washing by the waves or the wearing away of the shore.
The land between the high waterline or mark of Geneva Lake
and the setback line.
A number of steps built into the land itself or constructed
of cement, stone, wood or other building material and uncovered for
the purpose of reaching a pier or ramp from higher ground.
B.
Setback line. There is hereby established a setback line from the
high waterline or mark of Geneva Lake in the Village which shall be
at least 75 feet, or 25 feet from the public path away from the lake,
whichever is greater, from the high watermark. The measurement shall
be made in a horizontal plane from the nearest point of the structure
to the high waterline extended vertically to meet the horizontal plane.
C.
Structures limited. Only piers, boats, ramps, seawalls and stairways
may be built and/or located within the setback area, but not over
or within two feet of the public path.
D.
Fences. If any fences are built, they must be kept five feet back
of the setback line away from the lake.
[Amended 1-21-2013]
A.
Pursuant to § 30.79, Wis. Stats., a Water Safety Patrol
Unit to be known as the "Geneva Lake Law Enforcement Agency" is hereby
created for the purpose of enforcing §§ 30.50 to 30.80,
Wis. Stats., and the Uniform Geneva Lake Boating Regulations upon
the waters of Geneva Lake.
B.
The Geneva Lake Law Enforcement Agency shall be governed by a Board
of Administrators to consist of the respective Town Board Chairperson,
Village President and Mayor from each of the municipalities. Each
administrator may appoint one alternate official from his or her municipality
to act on his or her behalf in the event of his or her absence at
meetings of the Board of Administrators. The alternate elected official
so designated shall be kept on file with the Board of Administrators.
The Board of Administrators shall have the power to hire any personnel
necessary for the operation of the unit. It shall also have the power
to establish any staff to directly supervise the operation of the
unit. Such staff shall be directly responsible to the Board of Administrators.
A.
Slow-speed zone. No watercraft shall operate at a speed in excess
of the slow-no-wake speed north of a line running from the southeast
corner of Lot No. 6 of the plat of the original town on the west shore
of Williams Bay as indicated by a post marker east to the northwest
corner of Lot No. 191 in the Second Addition to Cedar Point Park Subdivision
as indicated by a post marker on the east shore of Williams Bay.
B.
Slow-no-wake markers. Markers stating "Slow-No-Wake" shall be placed
along such line at intervals of approximately 200 feet.
A.
Moorings.
(1)
Intent. The intent of this section is to provide safe conditions
for the mooring of boats consistent with public rights and interest
and the capability of the water resource of Geneva Lake.
(2)
State mooring and safety laws adopted by reference. State mooring
regulations and regulations applicable to moorings as found in the
following sections of the Wisconsin Statutes are adopted by reference
as if the same were set forth at length herein. Any future amendment,
revision or modification of the statutes incorporated herein is intended
to be made a part of this subsection and is automatically adopted
by reference herein.
|
30.15
|
Penalty for unlawful obstruction of navigable waters
|
|
30.16
|
Removal of obstructions to navigation
|
|
30.74(2)
|
Uniform navigation aids
|
|
30.772
|
Placement and use of moorings; restrictions; permits
|
|
30.773
|
Designated mooring areas
|
B.
Moorings prohibited. No person shall place a mooring or moorings
for boats or watercraft of any type upon those waters of Geneva Lake
within the corporate limits of the Village without first obtaining
a permit therefor from the Village in accordance with the provisions
of this section.
(1)
Applications for buoys to be placed 200 feet or less from the ordinary
high watermark of Geneva Lake are subject to the regulations of this
section and are not required to be submitted to the Department of
Natural Resources for approval.
(2)
Applications for buoys to be placed greater than 200 feet from the
ordinary high watermark of Geneva Lake require the application to
be acted on by the Village and the Department of Natural Resources.
Applications for buoys greater than 200 feet from the ordinary high
watermark of Geneva Lake will first be acted on by the Village to
determine if a permit will be issued independent of the Department
of Natural Resources investigation. If a permit will be allowed by
the Village, then the conditionally granted permit by the Village
will be submitted to the Wisconsin Department of Natural Resources
for its investigation and approval. Upon DNR approval, the permit
will become effective.
C.
Permits. Applications for permits shall be in the form prescribed
by the Wisconsin Department of Natural Resources, Waterway Marker
Placement Application - in Water, Form 8700-58, and necessary attachments
thereto as prescribed by the Village to comply with the requirements
of this section. Completed forms are to be filed with the Village
Clerk and shall contain the following information:
(1)
Name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the owner of the land in
front of which the mooring is to be placed.
(3)
The description of the real estate in front of which the mooring
is to be placed.
(4)
The written consent of the aforesaid landowner to the placing of
such mooring.
(5)
A sketch or chart showing the proposed location of the mooring, its
distance from the ordinary high watermark and its relationship, if
any, to other existing mooring, established traffic lanes, marked
swimming or bathing areas and structures, including piers, rafts,
docks, shore stations, boat hoists and wharves located within the
riparian space of the consenting riparian owner.
(6)
A description of the type of mooring, including its physical description,
markings, approximate depth of water and the approximate length of
rope, cable or chain connecting the mooring buoy to its mooring anchor
and connecting the mooring buoy to the boat to be attached thereto.
D.
Duration and conditions of permit to be issued; addendum to permit.
Each permit to be issued hereunder will be valid for one seasonal
year only or portion thereof with such seasonal year to begin on the
first day of spring or the date of the granting of the permit if later
than the first day of spring and end of the first day of winter for
each year. Such permit's duration shall also be limited to that period
during which the riparian owner's consent continues for the placement
of such mooring in front of such riparian owner's property. A riparian
owner can object and cancel his consent at any time during the permit
term, at which point the permit will be immediately rendered null
and void.
E.
Definitions.
(1)
The definitions as set forth in § 30.01, Wis. Stats., are
hereby adopted and incorporated herein by reference as if the same
were set forth at length herein. Any future amendment, revision or
modification of the definitions incorporated herein is intended to
be made a part of this subsection.
(2)
In response to a complaint relating to the rights of an adjacent
riparian, the guidance in § NR 326.07, Wis. Adm. Code, will
be used.
(3)
Ordinary high watermark as used herein is elevation 864.30 feet above
sea level.
F.
Restrictions. No mooring permits shall be issued for any of the following:
(1)
Any mooring which obstructs or interferes with public rights or interests
in the navigable waters.
(2)
Any mooring for which the riparian owner has not given written permission
for the placement and use.
(3)
Any mooring which interferes with or encroaches upon the rights of
adjacent riparian owners.
(4)
Any mooring which adversely affects critical or significant fish
or wildlife habitat.
(5)
Any mooring which is determined by the Village to be a safety hazard
because of its proximity to any other mooring, any properly marked
and established lane, any properly marked swimming or bathing area
or any structure, including any pier, raft, dock, wharf, shore station
or boat hoist.
(6)
Any mooring which will have more than one boat attached. Star docks
are specifically excluded as moorings.
(7)
Any mooring which would be in violation of or in conflict with the
Uniform Navigation Aids rules established by the Department of Natural
Resources.
G.
Delegation of authority to Harbor Commission to issue mooring permits
in accordance with the provisions of this section. The Village Board
does delegate to the Harbor Commission of the Village the authority
to receive applications for and issue permits for moorings in accordance
with the provisions of this section. No permit shall be granted until
the Harbor Commission determines that all requirements of this section,
applicable laws of the state and rules and orders of the Wisconsin
Department of Natural Resources have been complied with. The Harbor
Commission shall state the reasons for denying such permit, which
shall be stated in writing and mailed by U.S. Mail to the applicant
and which shall also be stated in the minutes of the meeting. The
Harbor Commission may also place restrictions or conditions on any
permit so issued under this section in order to effectuate the provisions
of this section.
H.
Applications for the placement of moorings more than 200 feet from the ordinary high watermark of Geneva Lake. No person shall place a mooring or moorings more than 200 feet from the ordinary high watermark of Lake Geneva within the corporate limits of the Village without first obtaining a permit therefor from the Village and the Department of Natural Resources. The procedure for the issuance of such permits shall be in accordance with Subsection B(2) and this subsection:
(1)
Pursuant to § 30.74, Wis. Stats., and the pertinent provisions
of the Wisconsin Administrative Code pertaining thereto, no mooring
buoy shall be installed or placed more than 200 feet from the ordinary
high watermark of Geneva Lake, unless a permit is first conditionally
granted for the placement and use of the mooring buoy by the Village
and such conditionally granted permit is then subsequently approved
by the Wisconsin Department of Natural Resources. If the Wisconsin
Department of Natural Resources fails to subsequently approve such
conditionally granted permit by the Village, such conditionally granted
permit shall become null and void.
(2)
Applications for more than 200 feet buoys shall be on forms prescribed and approved by the Wisconsin Department of Natural Resources in accordance with Subsection C.
(3)
Such applications shall be initially filed with the Village and acted
upon first by the Village in accordance with the requirements and
procedures set forth in this section as far as practicable. A copy
of the permit shall, after approval by the Village, be transmitted
to the Department of Natural Resources for its consideration and investigation.
If the Village fails to approve the application and conditionally
grant the permit, such application shall not be forwarded to the Wisconsin
Department of Natural Resources. The Department of Natural Resources
will only review a conditionally approved permit after favorable action
by the Village.
I.
Revocation of permit. The Village Board may revoke a permit if the
permittee's placement of a mooring buoy subsequently violates any
provisions of this section or applicable laws of the state or rules
and orders of the Wisconsin Department of Natural Resources.
J.
Appeals. Any person aggrieved by a decision of the Harbor Commission
of the Village may appeal such decision to the Village Board for final
determination. The procedure for such appeals shall be as follows:
(1)
Within 30 days of the decision and the mailing of the letter stating
the reasons for granting or denying such permit by the Harbor Commission
regarding the placement of a mooring, such aggrieved applicant shall
file with the Chairperson of the Harbor Commission a request for a
hearing on the matter. The Chairperson of the Harbor Commission shall
schedule a hearing of the Harbor Commission within a reasonable time
of the filing of the request for same, but not later than 30 days
after such filing, providing reasonable notice of the date, time and
place of such hearing to the requesting applicant therefor. The Harbor
Commission hearing will have as its objective the resolution of the
matter. If the matter is resolved to the satisfaction of the applicant,
then all matters including the findings and reasons of the Harbor
Commission shall be turned over to the Village Board for appropriate
action. The Village Board will review the findings and reasons of
the Harbor Commission and make a final determination with regard thereto.
The Village Board may at its sole option schedule a second hearing
before it to attempt to resolve the matter.
(2)
For any person aggrieved by a decision of the State DNR with regard
to applications for buoy permits more than 200 from the high watermark,
appeal rights will be satisfied by the issuance by the DNR of a notice
of appeal rights substantially in the following form:
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If you wish to challenge this decision, you should know that
Wisconsin Statutes and administrative rules establish time periods
within which requests to review Department decisions must be filed.
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For judicial review of a decision, pursuant to §§ 227.52
and 227.53, Wis. Stats., you have 30 days after the decision is mailed
or otherwise served by the Department to file your petition with the
appropriate circuit court and serve the petition on the Department.
Such a petition for judicial review shall name the DNR as the respondent.
To request a contested case hearing, pursuant to § 227.42,
Wis. Stats., you have 30 days after the decision is mailed or otherwise
served by the Department to serve a petition for hearing on the Secretary
of the DNR. The filing of a request for a contested case hearing is
not a prerequisite for judicial review and does not extend the 30-day
period for filing a petition for judicial review.
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This notice is provided pursuant to § 227.48(2), Wis.
Stats.
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K.
Permit fee. Applications for permits and addendums to permits shall
be accompanied by a nonrefundable permit or addendum fee in the amount
determined by the Village Board from time to time by resolution, which
charge shall be sufficient to defray the costs of processing of such
applications and the issuance of permits or the processing of addendums
to such permits provided for in this section.
No person shall launch at the Village launch site any motorized
watercraft in excess of 30 feet in overall length.
[Amended 4-16-2018 by Ord. No. 2018-5]
Notwithstanding the general prohibition of trailer parking and
boat launching, there is created an exception to such general prohibitions
as follows:
A.
COMMERCIAL USE
Definition. As used in this section, the following terms shall have
the meanings indicated:
A person using the Village municipal launch parking area
and ramp as a bulk handling area for the loading or unloading of construction
materials from or onto watercraft from or to locations on Geneva Lake.
Such construction materials include building materials, landscaping
materials, earth, stone, timbers and pier lumber.
B.
Prohibition. The commercial use of the Williams Bay municipal launch
parking area and ramp is prohibited without a permit. Every person
shall obtain a permit prior to the commercial use of the Williams
Bay municipal launch parking area and ramp. The permit shall be issued
by the Village Clerk upon the filing of an application and the payment
of the required fee. The application shall contain the name, address,
telephone number and gross vehicle weight of the loads proposed to
be handled by the commercial user at the municipal launch parking
area and ramp. The exact nature, including the weight thereof, of
the construction materials to be handled and the equipment proposed
for handling, must be stated in the application. The applicant is
responsible for all damage to the Village-owned launch facility, including
the pier, parking lot and ramp area, and will promptly reimburse the
Village for any such damages. Any violation of this provision will
result in the immediate revocation of the permit, the commencement
of an action for the imposition of the standard penalties of this
Code and/or an action for money damages.
[Amended 4-16-2018 by Ord. No. 2018-5]
A.
Fishing tournament or contest definition. Any event held at a Village
facility in which caught fish are scored, weighed, tabulated or calculated
on-site, and/or a prize of any kind (monetary, merchandise or recognition
by plaque or trophy) is given to a person or persons, or use of the
facility requires any arrangements above and beyond the normal function
of the facility (tent construction, extra electricity, etc.) shall
be considered a fishing contest or tournament.
[Amended 11-7-2022 by Ord. No. 2022-14]
B.
Rules. The following rules apply to all fishing contests or tournaments involving up to 50 boats. For fishing tournaments or contests involving 51 boats and greater, additional rules apply as described in Subsection C(2). All fishing tournaments or contests held at any Village facility must abide by the rules set forth by the Village Parks and Lakefront Committee, Village staff and the Village Harbor Master.
(1)
Permit requirement. All individuals or groups hosting a fishing tournament
or contest originating at the Williams Bay boat launch must apply
for and receive a permit issued by the Village for each day the tournament
or contest is held. This is required regardless of whether a DNR permit
is required. All DNR regulations must be followed and a valid DNR
permit is required when applicable.
(2)
Purpose and intent. The requirement of a permit is designed to minimize
the impact to Village lakefront operations as well as to Village residents
and guests using the lakefront. Issuance of a permit to an individual
or group does not authorize deviation by the individual or group from
instructions issued by an authorized Village representative, i.e.,
Village staff, police, trustees, etc. Any individuals or group members
issued a permit who are not following all instructions and requirements
of the Village will be asked to immediately cease their activities
and exit Village property. All permit fees and launch fees are nonrefundable
for any reason.
C.
Village permit. The following permit requirements apply to fishing
tournaments or contests:
(1)
Permit for up to 50 boats.
(a)
Permits can be issued up to the day of the tournament or contest.
A valid permit is required to use Village facilities during a tournament
or contest. Permits can be obtained from the office of the Village
Clerk or from the Harbor Master.
(b)
Parking and weigh-in must be performed in such a manner as to
limit the impact on residents, guests and members of the general public
as well as normal launch operations at the Village boat launch. Complying
with all Village launch staff instructions will ensure a pleasant
outcome for all. Weigh-in areas will be assigned to the contact person
designated in the permit application by the Harbor Master based on
launch activities occurring on the day of the tournament or contest.
(c)
The responsible person must be designated as the contact person
for the persons or entity sponsoring the tournament or contest, on
the permit application. The contact person will be held responsible
for the implementation of all tournament or contest and park rules
and regulations for all tournament or contest participants. Additionally,
the contact person is expected to follow and share with the tournament
or contest participants any requests made by Village staff.
(2)
Permit for 51 or more boats (large tournament or contest).
(a)
Large tournaments or contests may not be held between the first
Saturday in May and June 25 of any year. No tournament or contests
of any size shall be held or permitted during the 4th of July holiday
and during the three days constituting the Labor Day weekend. Permit
applications must include a detailed map of the proposed layout for
all large tournament or contest activities.
(b)
Large tournament or contest permit applications must receive
approval first from the Village Parks and Lakefront Committee and
second from the Village Board. The process for approval can be time-consuming
as both the Committee and Board review the applications. Tournament
or contest contact persons are advised to submit their permit application
at least 90 days prior to the date the tournament or contest is to
be held.
(c)
Permit applicants will be required to provide insurance indemnification
to the Village in an amount determined based upon the size of the
tournament or contest and the projected impact on normal operations
of the Village boat launch, the adjacent parks and adjacent area used
by the public. The contact person for the applicant is required to
do a walk through of tournament or contest activities with Village
staff or the Harbor Master no later than 24 hours prior to the start
of the tournament or contest.
(d)
No changes to permit requirements or other arrangements with
the Village can be made without approval from the Harbor Master and
a member of the Parks and Lakefront Committee.
D.
Permit fees. The permit fee shall be based upon the number of boats
involved in the tournament or contest. The amount of the fees shall
be as set forth on a schedule established by resolution of the Village
Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This section is recommended by the Geneva Lake Environmental
Agency and is adopted by the Village under the authority of § 61.34,
Wis. Stats.
A.
Purpose and intent. The Village finds that Geneva Lake and its streams
are a natural asset which enhance the environmental, recreational,
cultural and economic resources of the area and contribute to the
general health and welfare of the public. The Village further finds
that regulating the amount of nutrients and contaminants, including
phosphorus contained in fertilizer, entering the surface waters will
improve and maintain lake and stream water quality.
B.
Applicability. This section applies in all areas of the Village of
Williams Bay.
C.
AGRICULTURAL USE
FERTILIZER
LAWN FERTILIZER
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Beekeeping; dairying; egg production; floriculture; fish
or fur farming; forest and game management; grazing; livestock raising;
orchards; plant greenhouses and nurseries; poultry raising; raising
of grain, mint and seed crops; raising of fruits, nuts and berries;
sod farming; and vegetable raising.
Has the meaning set forth in § 94.64(1)(e), Wis.
Stats.
Any fertilizer, whether distributed by property owner, renter
or commercial entity, distributed for nonagricultural use, such as
for lawns, golf courses, parks and cemeteries. Lawn fertilizer does
not include fertilizer products intended primarily for garden and
indoor plant applications.
D.
Regulation of the use and application of lawn fertilizer.
(1)
Effective October 1, 2008, no person shall apply any lawn fertilizer
within the Village that is labeled as containing more than 0% phosphorus
or other compound containing phosphorus, such as phosphate, except
as provided in the exemptions in this section.
(2)
No lawn fertilizer shall be applied when the ground is frozen.
(3)
No person shall apply fertilizer to any impervious surface including
parking lots, roadways, and sidewalks. If such application occurs,
the fertilizer must be immediately contained and either legally applied
to turf or placed in an appropriate container.
E.
Exemptions. The prohibition against the use of fertilizer under Subsection D shall not apply to:
(1)
Newly established turf or lawn areas during their first growing season.
(2)
Turf or lawn areas that soil tests, performed within the past three
years by a state-certified soil testing laboratory, confirm are below
phosphorus levels established by the University of Wisconsin Extension
Service. The lawn fertilizer application shall not contain an amount
of phosphorus exceeding the amount and rate of application recommended
in the soil test evaluation.
(3)
Agricultural uses, vegetable and flower gardens, or application to
trees or shrubs.
(4)
Yard waste compost, biosolids or other similar materials that are
primarily organic in nature and are applied to improve the physical
condition of the soil.
F.
Sale of fertilizer containing phosphorus.
(1)
Effective October 1, 2008, no person shall sell or offer for sale
any lawn fertilizer within the Village that is labeled as containing
more than 0% phosphorus, or other compound containing phosphorus,
such as phosphate, except such fertilizer may be sold for use as provided
in the exemptions of this section.
(2)
Effective October 1, 2008, no person shall display lawn fertilizer
containing phosphorus. Signs may be posted advising customers that
lawn fertilizer containing phosphorus is available upon request for
uses permitted by the exemptions of this section.
(3)
Effective October 1, 2008, a sign containing the regulations set
forth in this section and the effects of phosphorus on Geneva Lake
and its streams must be prominently displayed where lawn fertilizers
are sold.
G.
Enforcement. Violations of this section will be enforced by the Village
Building Inspector or code enforcement officer.
H.
Penalty. Any person who violates this section in the application of fertilizer at his or her residence shall be subjected to a forfeiture of $25 per violation. Any commercial fertilizer applicator, residential or commercial developer, industrial or commercial owner, or other person who violates Subsection D and any person who violates Subsection F shall be subject to a forfeiture of $50 for the first violation within a twelve-month period, $150 for the second violation within a twelve-month period, and $300 for the third and each subsequent violations within a twelve-month period.
I.
Severability clause. If any subsection, provision or portion of this
section is ruled invalid by a court, the remainder of the section
shall not for that reason be rendered ineffective or invalid.
[Added 8-19-2013]
A.
Purpose. The purpose of this section is to provide regulations that will enable the Harbor Commission to hear and decide requests for permitted variations from the placement requirements of § 281-1H(3)(e) for removable (non-cribbed) piers and § 281-5F as will not be contrary to the public interest where, due to special factors, literal enforcement of the provisions of § 281-1H(3)(e) for removable (non-cribbed) piers and § 281-5F would result in practical difficulty or unnecessary hardship, so that the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done.
B.
Initiation of request. Proceedings for approval of a variance may
be initiated by an application of the owner(s) of the subject property.
C.
Application. Variance applications shall be printed on an application
form provided for that purpose and filed with the Village Clerk. The
application shall be accompanied by a fee as may be established by
resolution of the Village Board on file in the office of the Village
Clerk. In addition to the information required on the application
form, the applicant shall supply the following:
(1)
A current survey prepared by a professional land surveyor of the
subject property showing the location of any pier adjacent to the
subject property, the side lines extending from the subject property,
the proposed location for the structure for which the variance is
requested and the location of piers and associated structures adjacent
to the riparian properties on either side of the subject property.
[Amended 8-7-2017 by Ord.
No. 2017-6]
D.
Factors.
(1)
The following factors shall be considered by the Harbor Commission
in evaluating a proposed variance:
(a)
The hardship or difficulty peculiar to the subject property and different
from that of other properties.
(b)
The historical pattern of use of the subject property and neighboring
riparian properties.
(c)
Whether the proposed variance would hinder the use of adjacent properties
and/or their access to Geneva Lake.
(d)
Such other factors as the Harbor Commission deems relevant.
(2)
Self-imposed hardship shall not be grounds for a variance.
E.
Within 45 days of filing of a complete application, the Harbor Commission
shall hold a public hearing to consider the request. Notice of the
public hearing shall specify the date, time and place of the hearing
and be published as a Class 1 notice. Copies of the notice shall be
mailed to all adjacent property owners.
[Amended 6-19-2017 by Ord. No. 2017-4]
F.
Within 30 days after the hearing, the Harbor Commission shall make
its determination regarding the application for variance. The Harbor
Commission may request further information from the applicant. Final
action on the application for the variance may be taken at the time
immediately following the public hearing or the proceedings may be
continued from time to time for further consideration. The Harbor
Commission shall make a written report of its determination on the
application. If the Harbor Commission fails to make a determination
within 30 days after the public hearing, the request for variance
shall be considered denied.
G.
Effect of denial. No application for a variance that has been denied
(either wholly or in part) shall be resubmitted for a period of three
seasonal years from the seasonal year in which the application was
denied, unless the application contains material changes from the
application that was denied, as determined by the Harbor Commission.
[Amended 6-19-2017 by Ord. No. 2017-4]
H.
Duration of variance. A variance shall remain in effect for so long
as the applicant remains the principal property owner, provided that
should the Harbor Commission receive a written complaint either that
the applicant is not in compliance with any of the conditions attached
to the variance or that there is a substantial change in circumstances
such that the variance results in interference with the navigational
rights of an adjacent riparian property owner, the Harbor Commission
shall hold a hearing on whether to continue, terminate or modify the
variance. Written notice of the hearing is to be given by the Harbor
Commission to the applicant and to any party that has submitted a
written complaint to the Harbor Commission of either the applicant's
noncompliance with the conditions of the variance or of interference
with the navigational rights of adjacent riparian property owners.
Such notice is to be sent by mail at least 10 days prior to the hearing.
The Harbor Commission shall issue a written decision on the complaint
within 30 days of the hearing and provide a copy to the applicant
and the complainant. This subsection shall apply to all variances
issued and in effect as of June 19, 2017, in addition to all variances
issued after that date.
[Amended 6-19-2017 by Ord. No. 2017-4; 10-16-2017 by Ord. No. 2017-7]
I.
No precedential effect. An application for a variance is based on
the unique factors associated with each application. The granting
or denial of an application for a variance shall not have any precedential
value in the consideration of any other application for a variance.
Except as otherwise provided herein, any person found in violation of any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
