[HISTORY: Adopted by the Town Board of the Town of Lumberland 11-9-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
It is the intent of this chapter to promote the public health,
safety and welfare of members of the community while utilizing lakes
and waterways in the Town of Lumberland during the winter months when
there are expectations that such lakes and waterways may be frozen
and easily traveled. The increased usage of private lakefront property
owners of de-icers and bubblers to protect their private docks has
led to greater risks to all lake/waterway users in compromising other
winter activities due to the instability of the ice. The Town wishes
to adopt a chapter to protect both users of the lakes/waterways and
private homeowners use of deicers to protect their docks.
As used in this chapter, the following terms shall have the
meanings indicated:
Any mechanism that impedes the formation of ice by the movement
of air bubbles or chemical applications by which warmer, subsurface
water is drawn up and deflected to the surface, creating a circulation
of warmer water that prevents ice formation, as known as bubblers.
A structure that:
Any area that is intended to be accessible to the general
public. Public access areas may include private property that is not
open to the public at large, but is intended for frequent use by many
persons.
All residents and businesses of the Town of Lumberland intending
to use a de-icer within waters located in the Town of Lumberland are
required to notify the Code Enforcement Officer of said de-icers and
shall be subject to any paperwork regarding liability. The following
requirements shall be complied with when using a de-icer:
A.
De-icers shall not be allowed within 300 feet of a public access
area;
B.
De-icers shall be installed in a manner so as to not create open
waters in excess of six feet from the structure serviced by the deicer.
C.
Every structure for which a de-icer shall be permitted shall be posted
in such a manner as to warn persons from the land and water side of
the use and operation of such de-icer.
(1)
Daytime warnings shall consist of a sign of not less than four feet
by four feet which displays lettering in blaze orange, in letters
not less than eight inches in height, which states "Caution: Open
Water."
(2)
Nighttime warnings shall consist of a solid, non-flashing amber light
of at least six inches in diameter, which can be seen from the water
side a minimum distance of 250 feet. Such warning light must operate
nightly between dusk and dawn.
(3)
Such warning lights and signs must be in use and functioning between
December 1 and March 15.
This chapter shall take effect immediately upon filing with
the Secretary of State.
