[HISTORY: Adopted by the Board of Commissioners of the Silver Lake Protection and Rehabilitation District 6-16-1999 by Ord. No. 99-1. Amendments noted where applicable.]
A. 
Applicability. The provisions of this chapter shall apply to the waters of Silver Lake located in the Town of West Bend, Washington County, Wisconsin.
B. 
Purpose. The purpose of this chapter is to promote the public health, safety and general welfare of the Silver Lake Protection and Rehabilitation District (SLPRD).
C. 
District name change. The name of the district known as the "Silver Lake Inland Lake Protection and Rehabilitation District" (SLILPRD) is hereby changed to Silver Lake Protection and Rehabilitation District (SLPRD).
D. 
Authority. This chapter is adopted by the Silver Lake Protection and Rehabilitation District, exercising the powers granted it by resolution of the Town Board of the Town of West Bend pursuant to § 30.77(3)(am)1, Wis. Stats.
The sections of this chapter pertaining to the use, operation or equipment of boats, and other vehicles as well as the activities which are regulated by §§ 30.50 through 30.71 and 30.80, Wis. Stats., and rules and regulations of the Department of Natural Resources established pursuant thereto are hereby adopted by reference and shall be construed and interpreted, if possible, to be consistent with and not contrary to said statute sections, rules and regulations nothing to the contrary herein notwithstanding.
The provisions of this chapter shall be enforced by the officers of the Silver Lake Water Safety Patrol (SLWSP). The Chief and other members of the SLWSP shall be hired or contracted for by the Board of Commissioners of the SLPRD.
As used in this chapter, the following terms shall have the meanings indicated:
BOAT or VESSEL
Every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water or a fishing raft. A boat or vessel includes a personal watercraft.
PERSON
Includes an individual, firm, partnership, corporation or any other association of individuals organized together for any purpose whatsoever.
PERSONAL WATERCRAFT
A motorboat that uses an onboard motor powering a water jet pump or a caged propeller as its primary source of motive power and that is designed to be operated by a person standing on, kneeling on or sitting astride the watercraft.
SHOREZONE
The surface of the lake that is within 150 feet from and parallel to the shore; provided, however, that on any part of said lake where the distance between the opposite shores is such that the foregoing formula is impossible or impracticable in application, then the shorezone shall be as indicated by buoys placed for that specific purpose. The northern portion of Silver Lake known as "the kettle" is designated as a shorezone for the purpose of this chapter.
SLOW-NO-WAKE SPEED
When used herein, "slow-no-wake speed" means that speed at which a boat moves as slowly as possible while still maintaining steerage control.
WATERSKIING and WATER-SKIER
A person being towed by a motor boat, on water skis, aquaplane, wake boards, tubing or similar devices.
WATER TRAFFIC
All moving objects controlled by a person or persons or agent of a person on the surface of the lake.
A. 
Defined. The surface of the main lake basin that is beyond 150 feet distant from and parallel to the shore, or 100 feet distant from the projecting extremities of any pier, wharf, raft or other structure built in or over the water, or the greater thereof; provided, however, that on any part of said lake where the distance between the opposite shores is such that the foregoing formula is impossible or impracticable in application, then the traffic lane shall be as indicated by buoys placed for that specific purpose.
B. 
Direction of travel. All motor boats, as defined in § 30.50(6), Wis. Stats., or personal watercraft, as defined in § 30.50(9d), Wis. Stats., traveling over a slow-no-wake speed in the traffic lane, including waterskiing or similar activity, must travel in a counterclockwise rotation.
A. 
Speed limits in traffic lanes.
(1) 
Monday through Friday:
(a) 
10:00 a.m. to 7:00 p.m.: 35 mph maximum.
(b) 
7:00 p.m. to 10:00 a.m.: slow-no-wake.
(2) 
Saturday, Sunday and holidays:
(a) 
10:00 a.m. to 6:00 p.m.: 35 mph maximum.
(b) 
6:00 p.m. to 10:00 a.m.: slow-no-wake.
B. 
Speed in shorezone. When moving in waters that have been designated as the shorezone, the operating speed shall be slow-no-wake speed.
C. 
Personal watercraft. No person may operate a personal watercraft at a speed in excess of slow-no-wake within 100 feet of any other boat or within 200 feet of shoreline of any lake.
A. 
Distances. No person shall operate a motorboat at a speed that is greater than reasonable and prudent, when within 100 feet of a occupied, anchored boat, or a slow-moving boat. Such speed shall not endanger the occupants of such boat.
B. 
Safe distance from swimmer. No person shall operate any boat within 100 feet of a swimmer, unless they are the accompanying boat, or unless physical conditions make compliance of the aforementioned impossible.
A. 
Towing persons regulated. No person shall operate a boat for the purpose of towing a person on water skis, aquaplane, tubing or a similar device unless there is in the boat a competent person, in addition to the operator, in a position to observe the person being towed.
B. 
Hours of operation. No person shall operate a boat for the purpose of towing a person, aquaplane or similar device or engage in waterskiing, aquaplaning or tubing between the following hours on the following days:
(1) 
Monday through Friday: 7:00 p.m. to 10:00 a.m.
(2) 
Saturday, Sunday and legal holidays: 6:00 p.m. to 10:00 a.m.
C. 
Number of skiers towed. No motor boat operator shall tow more than one line or more than two persons, nor shall any person allow themselves to be towed by any motorboat already towing two persons.
D. 
Skier pickup or dropoff. No motor boat operator shall permit a water-skier or aquaplaning device to operate from a dock, pier, raft or another boat, or within a designated swim area.
E. 
Kites, sails. No motorboat operator shall allow a kite, sail or similar device to be pulled behind a boat for the purpose of flying above the water surface.
A. 
Traffic lane. No person shall swim in the traffic lane unless accompanied by a manned boat with a U.S. Coast Guard approved flotation device for each swimmer.
B. 
Hours. No person shall swim in the traffic lane from sunset to sunrise unless the accompanying manned boat mentioned in Subsection A is properly lighted.
A. 
Duty of SLPRD or designee. The Chief of SLWSP is authorized and directed to supervise placement and maintain suitable markers, navigation aids and signs in such areas as shall be appropriate to advise the public of the provisions of this chapter at all public access points within the jurisdiction of the SLPRD.
B. 
Standard markers. All markers placed upon the water of the lake shall comply with the Department of Natural Resources rules and regulations.
C. 
Interference with markers prohibited. No person shall, without authority, move, remove, damage, destroy, moor or attach any watercraft to any buoy, beacon or any marker that is lawfully placed in the waters of the lake.
The statutory provisions describing and defining regulation with respect to water traffic, boats, boating and related water activities in §§ 30.50 through 30.71, and 30.80, Wis. Stats., and in the rules and regulations of the Department of Natural Resources established subsequent to the enactment of this chapter, for which the penalty is a forfeiture only, including penalties to be imposed and procedure for prosecution, that have not been specifically incorporated by reference in the foregoing sections hereof, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by the provisions of any said statute, rule or regulation incorporated by reference herein is required or prohibited by this chapter. For purposes of this chapter, such adjusted statute may be prefixed by "99-1".
The provisions of this chapter shall be deemed severable, and it is expressly declared that the SLPRD would have passed the other provisions of this chapter irrespective of whether or not one or more provisions may be declared invalid. If any provision of this chapter or the application to any person or circumstances is held invalid, the remainder of this chapter and the application of such provisions to other persons or circumstances shall not be affected.
The SLPRD adopts and authorizes the use of a citation to be issued for violations of this chapter, including ordinances for which a statutory counterpart exists. The form of a citation shall provide for those items listed in § 66.119(1)(b), Wis. Stats.[1]
[1]
Editor's Note: See now § 66.0113(1)(b).
A. 
State uniform deposit and bail schedule adopted by reference. The schedule of cash deposit for violations of state boating and water safety regulations adopted pursuant to § A331-1 shall be as provided by the State of Wisconsin Revised Uniform Deposit and Bail Schedule for Conservation, Environmental Protection, Boating and DNR Rules and Regulations that are adopted therein by reference.
B. 
Other violations.
(1) 
The cash deposit for violations of local boating regulations in §§ A331-5 through A331-11 of this chapter and § 30.77, Wis. Stats., not provided for in Subsection A above shall be $50.
(2) 
In addition to the deposit required in Subsections A and B(1) above, the deposit shall include a penalty assessment if required by § 165.87, Wis. Stats., a jail assessment if required by § 302.46, Wis. Stats., and any applicable fees and court costs prescribed in Ch. 814, Wis. Stats.
(3) 
Cash deposits are to be made with the Clerk of the Circuit Court for Washington County, Wisconsin, and said Clerk shall give a receipt for any cash deposits that are made in person, unless the deposit amount is mailed in, and in that case, the canceled check will serve as the receipt.
C. 
Issuance of citations. Citations issued under this chapter may be issued by state certified officers hired or contracted for by the SLPRD.