[HISTORY: Adopted by the Town Board of the Town of West Bend
by Ord. No. 90-05 (Ch. 13 of the
1990 Code of Ordinances). Amendments noted where applicable.]
A.
Applicability. The provisions of this chapter shall apply to the
waters and ice of all of the lakes or portions thereof within the
jurisdiction of the Town of West Bend, Washington County, Wisconsin.
and those portions of Big Cedar Lake and Little Cedar Lake within
the jurisdiction of the Town of Polk, Washington County, Wisconsin.
B.
Purpose. The purpose of this chapter is to promote the health, safety,
morals, prosperity and general welfare of the persons and area affected
by this chapter.
C.
Authority. This chapter is adopted by the Town Board exercising the
powers granted to them pursuant to § 30.77, Wis. Stats.
The sections of this chapter pertaining to the use, operation
or equipment of boats, snowmobiles and other vehicles as well as the
activities which are regulated by §§ 30.50 to 30.71,
Wis. Stats., are the rules and regulations of the Department of Natural
Resources established pursuant thereto 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.
A.
The provisions of this chapter shall be enforced by the officers
of the Water Safety Patrol for each of the lakes lying wholly or partially
in the Town of West Bend.
B.
Section 30.79(1)(b), Wis. Stats., is incorporated herein by reference.
C.
The chief and other members of each water safety patrol shall be
appointed by the Town Board of the Town of West Bend.
D.
The Town Board of the Town of West Bend, when making the aforementioned
appointments, shall make such appointments from nominations forwarded
to it by the sanitary district for each lake, but if there be none,
then by the association of lake property owners.
The classifications of the lakes to which this chapter pertains
are as follows:
Section 30.50, Wis. Stats., is incorporated herein by reference.
All moving regular or recreational vehicles controlled by
a person or his or her agencies on the iced surface of the lake.
Includes firm, partnership, corporation or any other association
of individuals organized together for any purpose whatsoever.
Being towed or the one being towed, respectively, on water
skis, aquaplane or some similar device by a motor boat.
All moving objects controlled by a person or his or her agencies
on the surface of the lakes.
A.
Class 1 lakes. The surface of the lake that is beyond 200 feet distant
from and parallel to the shore or 100 feet distant from the projecting
extremities of any pier, wharf 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 shore 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.
Class 2 lakes. The surface of the lake that is beyond 150 feet distant
from and parallel to the shore or 100 feet distant from the projecting
extremities of any pier, wharf 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.
Section 30.60, Wis. Stats., is incorporated herein by reference.
A.
Authority. Section 30.61, Wis. Stats., is incorporated herein by
reference.
B.
Mooring lights required. No person shall moor, drift or anchor any
boat, raft, buoy or other floating object in the traffic lane from
sunset to sunrise unless there is prominently displayed thereon a
white light.
C.
Other equipment. Section 30.62, Wis. Stats., is incorporated herein
by reference.
Section 30.64, Wis. Stats., is incorporated herein by reference.
Section 30.65, Wis. Stats., is incorporated herein by reference.
A.
Authority. Section 30.66, Wis. Stats., is incorporated herein by
reference.
D.
Speed outside of traffic lanes. When moving in waters that have not
been designated as the traffic lane, the operating speed shall be
slow-no-wake speed.
E.
Reduced speed in traffic lanes. When moving in waters that have heretofore
been classified as the traffic lane and it is necessary to approach
closer than the prescribed distances set forth in this chapter to
a moored boat, a slow moving boat, a flag or marker warning of subsurface
activity, or a swimmer, the operating speed shall be slow-no-wake
speed.
F.
Slow-no-wake speed. When used herein, "slow-no-wake" speed shall
mean the slowest possible speed so as to maintain steerage.
G.
Reduced speed in "the channel" on Big Cedar Lake.
(1)
When moving in waters known as "the channel" on Big Cedar Lake, the
operating speed shall be slow-no-wake speed.
(2)
The channel of Big Cedar Lake is that portion of the lake lying east
of the peninsula which extends from Government Lots 2 and 3 in the
SE 1/4 of the NE 1/4 and NE 1/4 of the SE 1/4 of Section 30 and is
situated in the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4
of Section 29, Township 11 North, Range 19 East, Town of West Bend,
Washington County, State of Wisconsin. Said waters are further bounded
on the south by a line running due east from the southernmost tip
of said peninsula and on the north by a line running due east from
the northernmost tip of said peninsula.
A.
Authority. Section 30.68, Wis. Stats., is incorporated herein by
reference.
B.
Distances. No motor boat shall pass within 100 feet of a moored boat,
swimmer or skin diver's marker unless existing circumstances require
it. Then, in such event, such passing must be made at a speed and
in a manner so as to not interfere with or endanger the occupants
of such moored boat, such swimmer or skin diver.
C.
Passenger capacity and safety.
D.
Safe operation.
(1)
Intoxicated passenger. No person shall permit any person who is so
intoxicated so as to be unable to provide for his or her own safety
or the safety of others to ride as a passenger in any boat operated
by him or her.
(2)
Dangerous, annoying operation. No person shall operate, direct or
handle a boat in such a manner as to unreasonably annoy, unnecessarily
frighten or endanger the occupants of his or her or other boats and
swimmers.
A.
Authority. Section 30.69, Wis. Stats., is incorporated herein by
reference.
B.
Towing person regulated. No person shall operate a boat for the purpose
of towing a person on water skis, aquaplane or similar device or permit
himself to be towed for such purpose unless there are two competent
persons in such boat.
C.
Hours of operation. No person shall operate a boat for the purpose
of towing a water-skier, aquaplane or similar device, or engage in
water skiing or aquaplaning between the following hours on the following
days on the following lakes:
|
Lakes
|
Days
|
Hours
|
|---|---|---|
|
Class 1
|
Monday through Friday
|
7:00 p.m. to 10:00 a.m.
|
|
Class 1
|
Saturdays, Sundays and legal holidays
|
6:00 p.m. to 10:00 a.m.
|
|
Class 2
|
Monday through Friday
|
7:00 p.m. to 10:00 a.m.
|
|
Class 2
|
Saturdays, Sundays and legal holidays
|
6:00 p.m. to 10:00 a.m.
|
D.
Persons subject to motor boat regulations. Persons water skiing shall
conform to all the provisions of this chapter pertaining to the operation
of motor boats.
E.
Weed bed area. No person shall water ski or aquaplane in a marked
weed bed area.
F.
Number of skiers towed. No motor boat operator shall tow more than
one water skier nor shall any water skier allow himself to be towed
by any motor boat already towing one water skier; except, however,
the towing of two skiers shall be allowed on Class 1 lakes on Mondays
through Fridays.
G.
Airborne devices prohibited. No motor boat operator shall tow any
water skier using or equipped with any kite, sail, plane or other
device designed to lift such skier above the surface of the water.
No person shall permit himself to be towed while equipped with airborne
devices.
Section 30.70, Wis. Stats., is incorporated herein by reference.
A.
In traffic lane. No person shall swim in the traffic lane unless
he or she is accompanied by a manned boat for each swimmer.
B.
Hours. No person shall swim in the traffic lane from sunset to sunrise unless the accompanying boat mentioned in Subsection A above is properly lighted.
C.
Fish spawning area. No person shall skin dive or water ski in any
marked fish spawning area.
A.
General. All beaches used by the public shall be identified by markers placed on the outer perimeter thereof by the riparian owner; said markers are to be of a size normally visible for a distance of 300 feet and securely fastened so as to keep the markers in place and painted as required by § 173-21 of this chapter.
B.
Boats prohibited from entering. All boats are prohibited from entering
such swimming beach, except a boat used by a lifeguard or safety patrol
unit.
Section 30.71, Wis. Stats., is incorporated herein by reference.
No person shall operate a boat maintained for the purpose of
carrying fare-paying passengers.
[Added 8-13-2019 by Ord.
No. 2019-05]
A.
Commercial use for the purposes of this section shall include, but
is not limited to, those businesses that repair or provide maintenance
to boats and contractors or businesses that use the boat launch for
"work barges," which carry materials such as piers, gravel, sand,
stone, etc., for pier, landscaping or sea-wall business.
It shall be unlawful for any aircraft, whether designed for
taking off or landing on water (and ice) or not, to use any part of
any lake, including ice surfaces, for landing or taking off unless
the pilot in command has declared an official "mayday" emergency situation
and a required full report is subsequently made to the Federal Aviation
Agency.
A.
Colors. All rafts and stationary platforms, buoys and markers of
any kind anchored in the water, except docks and piers, shall be painted
in conformity with the color scheme established by the rules and regulations
of the Department of Natural Resources. Any such marker which does
not comply with such color scheme is deemed an unlawful obstruction
of navigable waters and can be removed in accordance with law.
B.
Position. All rafts, platforms, buoys and markers shall be anchored
so that they shall have at least 12 inches of freeboard above the
water line and so that they will not float or drift in excess of 10
feet in any direction from the position that is directly above their
anchor.
No person shall engage in any activity employing a craft capable of operating below the surface of the water unless such craft submerges and surfaces in that area of the surface of the lake that has not been designated herein as the traffic lane, or submerges or surfaces in the traffic lane within a radius of 50 feet from a flag similar to that required by § 173-16 of this chapter, except in the case of emergency.
A.
Duty of chief. The chief of each water safety patrol is authorized
and directed to place and maintain suitable markers, navigation aids
and signs in such water areas as shall be appropriate to advise the
public of the provisions of this chapter at all public access points
within the jurisdiction of the Town of West Bend and the Town of Polk.
B.
Standard markers. All markers placed upon the waters of the lake
shall comply with the regulations of the Department of Natural Resources.
C.
Interference with markers prohibited. No person shall, without authority,
remove, damage or destroy or moor or attach any watercraft to any
buoy, beacon or marker placed in the waters of the lake by the authority
of the United States, this State or the Towns of West Bend or Polk,
pursuant to the provisions of this chapter.
The statutory provisions describing and defining regulation
with respect to water traffic, boats, boating and related water activities
in the following enumerated sections of the Wisconsin statutes and
in the rules and regulations of the Department of Natural Resources
established pursuant to said statutory sections, now existing or established
subsequent to the enactment of this chapter, exclusive of any provisions
therein relating to the penalties to be imposed for violation of said
statutes, rules and regulations 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.
A.
Section 30.51, Certificate of number and registration; requirements;
exemptions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Section 30.52, Certificate of number and registration; application;
certification and registration period; fees; issuance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Section 30.53, Certificate of origin; requirements; contents; guaranteed
asset protection waivers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
Section 30.54(2), Transfer of Ownership of Numbered Boat.
E.
Section 30.55, Notice of Abandonment or Destruction of Boat or Change
of Address.
F.
Section 30.67, Accidents and Accident Reports.
No person shall deposit, place or throw from any boat, vehicle,
raft, pier, platform structure or shore any cans, paper, bottles,
debris, refuse, garbage, or solid or liquid waste on or into the water
or ice of the lake.
No person shall drive or park any vehicle upon the ice of any
lake except as hereinafter provided:
A.
Emergency vehicle. Vehicles required to perform emergency services
or construction work may be driven or parked on the ice for the sole
purpose of performing such services or construction, provided the
prior written approval of the Town Board having jurisdiction of the
area adjacent to the place where such vehicle is to be used shall
have been obtained.
B.
Ice fishing vehicles. Vehicles used for ice fishing shelter, when
driven to location from shore and return by shortest route and vehicles
required to tow ice fishing shelter or shack onto the ice at beginning
and end of the season. Such vehicles shall not be operated at a speed
greater than 25 miles per hour.
C.
Snow removal vehicles. Vehicles used to clear snow from ice for skating
areas.
D.
Snowmobiles. Snowmobiles and motor powered vehicles designed specifically
to be driven over ice and snow outside of public highways when operated
in accordance with the rules and regulations contained in this chapter.
Any person operating, using or parking any snowmobiles or similar
vehicles shall be permitted to use the ice surface of the lake only
subject to Ch. 350, Wis. Stats., and the following regulations and
provisions:
A.
Lighting equipment. No such vehicle shall be operated on the iced
surface of the lake between the hours of sunset and sunrise unless
such vehicle is equipped with at least one operating headlight and
at least one operating tail light.
B.
Other equipment. No person shall operate any such vehicle on the
iced surface of the lake unless such vehicle is equipped with a fully
operating muffler so as to prevent excessive or unusual noise at all
times the motor is in operation.
C.
Traffic rules and reduced speed. No person operating such vehicle
on the iced surface of the lake shall operate such vehicle within
25 feet of any person ice fishing or ice skating, except at a speed
of less than five miles per hour.
D.
Speed limits. No person shall operate any such vehicle on the iced
surface of the lake at a speed greater than 25 miles per hour. The
operator shall at all times operate such vehicle at a speed so controlled
as to avoid colliding with any object or person lawfully on the ice
of the lake.
E.
Hours of operation: noise control. No person shall operate any such
vehicle upon the ice of the lake between the hours of 12:00 midnight
and 8:00 a.m.; provided, however, that during the hours between sunset
and 10:00 p.m., such vehicles shall be operated in a manner to reduce
noise to the extent practical.
A.
No person shall operate any motor-driven vehicle on the iced surface
of the lake while under the influence of drugs or intoxicating beverages
or in a careless, negligent or reckless manner so as to endanger the
life, person or property of another.
B.
No person in charge or control of any such vehicle shall permit the
vehicle to be operated by any person who, by reason of physical or
mental disability or the use of drugs or intoxicating beverages, is
incapable of safely operating such vehicle.
C.
No person under the age of 14 years shall be permitted to operate
any such vehicle by the owner or person in charge of the same unless
accompanied by another competent person over the age of 14 years.
D.
No person shall operate any such vehicle in a circular course around
any other vehicle or person unless such circular course has a radius
of at least 200 feet from such vehicle or person.
E.
No person shall use such vehicles on the iced surface of the lake
for any races, contests of speed against time, obstacle courses, jumping
courses or other similar activities.
F.
No person shall operate, direct or handle such a vehicle in a manner
so as to unreasonably annoy, unnecessarily frighten or endanger the
occupants of his or her vehicle or other vehicle or person lawfully
on the lake.
A.
Any person who shall violate any provisions of this chapter for which a penalty is not provided in Subsection B or C below shall be subject to a forfeiture of $100 for the first offense, $250 for the second offense, and $500 for the third offense, together with the costs of prosecution, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs, together with subsequent costs, shall be paid, but not exceeding 30 days.
[Amended 8-13-2019 by Ord. No. 2019-05; at time of adoption of Code (see
Ch. 1, General Provisions, Art. III)]
Pursuant to § 30.11, Wis. Stats., the bulkhead line
of that part of the east shore of Big Cedar Lake hereinafter described
and more particularly shown by a map on file with the Town Clerk is
established and determined as set forth in the following description:
|
Survey of proposed area to be filled along the shore of Cedar
Lake in front of the following described parcel: The South 3' 10"
of Lot 25, all of Lot 24, and the North 25' of Lot 23 in "Mah Kee
Nuc," a subdivision located in fractional Lot 3 in Section 29, T 11
N, R 19 E, Washington County, Wisconsin.
|
|
Description of area to be filled: Commencing at a point on the
east shore of Cedar Lake where the south line of the above described
parcel intersects said shore, said point being 25' South and 660'
West of the southeast corner of said Lot 24 "Mah Kee Nuc" subdivision;
thence West 14'; thence N 10 degrees 04' E, 80.08' to a point on the
east shore of the lake where the north line of the above described
parcel intersects said shore; thence South 78' 10" to the place of
beginning.
|
A.
Big cedar lake protection and rehabilitation district. This district shall include all waters and lands within the boundaries of the Big Cedar Lake Sanitary District, as created and established by § 156-3 of Chapter 156, Health and Sanitation, of the Town Code, as recorded in Vol. 400 of Records, at Pages 61-63, and Volume 425 of Records at Pages 67 and 68, Washington County Register of Deeds.
B.
Little Cedar Lake Protection and Rehabilitation District. This district shall include all waters and lands within the boundaries of the Little Cedar Lake Sanitary District, as created and established by § 156-3 of Chapter 156, Health and Sanitation, of the Town Code, as recorded in Vol. 383 of Records, at Pages 42-44, Washington County Register of Deeds.
C.
Silver Lake Protection and Rehabilitation District. This district shall include all waters and lands within the boundaries of the Silver Lake Sanitary District, as created and established by § 156-3 of Chapter 156, Health and Sanitation, of the Town Code, and as recorded in Vol. 355 of Records at Pages 111 and 112, Washington County Register of Deeds.
[Amended 10-9-1991]
Each public inland lake protection and rehabilitation district created by § 173-31 of this chapter shall be governed pursuant to § 33.28, Wis. Stats.
Subject to the powers of the annual meeting, as set forth in
§ 33.30, Wis. Stats., the Commissioners shall have the power
and duties granted by Ch. 33, Wis. Stats., which include, without
limitation, the following:
A.
Studying and planning remedial measures, accepting state financial
assistance for approved projects, and levying special assessments
and issuing bonds thereon in order to finance lake projects.
