[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. Application. The provisions of this section shall apply to the waters of Henrietta Lake and Utica Lake, within the jurisdiction of the Village of Summit and the Town of Ottawa. The provisions of this section shall be enforced by the officers of the Water Safety Patrol Unit and police of the jurisdiction of the Village of Summit.
B. State boating and water safety laws adopted.
(1) Except as otherwise specifically provided in this section, the current and future statutory provisions describing and defining regulations with respect to water traffic, boats, boating, and relating water activities in § 30.50 up to and including §
30.71 of the Wisconsin Statutes, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of said 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 any current or future statute incorporated herein by reference is required or prohibited by this section. Any further additions, amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this section in order to secure uniform statewide regulation of the waterways of the state.
(2) All rules and orders created by the Wisconsin Department of Natural Resources, 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 referring to the same as if they are or were to be set out herein verbatim.
C. Operation of motor boats. No motor boat shall be operated on Henrietta Lake and Utica Lake at any time at a speed in excess of slow-no-wake.
D. Swimming regulations. No person, unless said person is engaging in activities and subject to the provisions of §
30.70, Wisconsin Statutes, entitled "Skin Diving," shall:
(1) Swim from any unmanned boat, unless such boat is anchored; or
(2) Swim more than 150 feet from the shoreline unless is a designated swimming zone or unless accompanied by a competent person in a boat; or
(3) Swim more than 150 feet from the shoreline between sunset and sunrise.
E. Penalty.
(1) State boating and water safety laws and all other violations as set forth in §
183-3B. Any forfeiture for violation of the state statutes, rules or orders adopted by reference in §
183-3B shall conform to the forfeiture permitted to be imposed for violation of such statutes as set forth in the Revised Uniform Deposit and Bail Schedule for Conservation, Environmental Protection, ATV/UTV, Boat, OHM, and Snowmobile Violations, including any variations or increases for subsequent offenses, which schedule is adopted by reference.
(2) Local boating laws as set forth in §
183-3C and
D.
(a) Any person 16 years or older violating the provisions of this section shall be subject to a forfeiture of not more than $500 plus court costs and penalty assessment. Failure to pay any forfeiture hereunder shall subject the violator to imprisonment in the county jail or loss of license.
(b) Any person 14 or 15 years of age shall be subject to a forfeiture of not less than $10 nor more than $25, plus court costs and penalty assessment, per each offense or referred to the proper authorities as provided in Chapter
938, Wisconsin Statutes. Failure to pay any forfeiture hereunder shall subject the violator to the provisions of §
938.17(2), Wisconsin Statutes.
(c) Any person under the age of 14 shall be referred to the proper authorities as provided in Chapter
938, Wisconsin Statutes.
F. Enforcement.
(1) Enforcement procedure. The statutory provisions of §§ 66.0109, 66.0113, 66.0114, 30.29, 30.50 to 30.71, and Chapter
799, Wisconsin Statutes, are 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 any statute incorporated herein by reference is required or prohibited by this section. Any future additions, amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this section in order to secure uniform state-wide regulation and enforcement of boating ordinance violations. Further, the Village of Summit and the Town of Ottawa specifically elect to use the citation method of enforcement.
(2) Deposits.
(a) Schedule of deposits. The schedule of cash deposits shall be as follows:
[1] Section
183-3B: Applicable sections of the Revised Uniform Deposit and Bail Schedule for Conservation, Environmental Protection, ATV/UTV, Boat, OHM, and Snowmobile Violations, plus current assessment fees and current court costs if applicable.
[2] Section
183-3C,
D and
E: $50 plus court costs and assessments plus current assessment fees and current court costs if applicable.
(b) Deposit for repeat offenses. Any person found guilty of violating this section or any part thereof who was previously convicted of violating the same section within the last year shall forfeit twice the deposit delineated above, plus court costs and penalty assessment.
(c) Non-scheduled deposit. If a deposit schedule has not been established for a specific violation, the arresting officer shall require the alleged offender to deposit not less than the maximum forfeiture permitted hereunder.
(d) Depository. Deposits should be made in cash, money order, or certified check to the Clerk of Municipal Court, who shall issue a receipt therefor as required by Wisconsin statute. If the deposit is mailed, the signed statement required by Wisconsin statute shall be mailed with the deposit.
(3) Nonexclusivity.
(a) Other ordinances. Adoption of this section does not preclude the Town Boards from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
(b) Other remedies. The issuance of a citation hereunder shall not preclude the Town Boards or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.