Chapter 12.70
AERATION PROHIBITED
Sections:
12.70.020 Scope and application.
12.70.040 Aeration safety regulations.
12.70.050 Penalties and enforcement.
12.70.010 Title/purpose.
The purpose of this chapter is to protect the public health, safety and welfare from the potential adverse effects which may arise from the use of aerators on the lakes in the Town of East Troy. The Town of East Troy Board recognizes and concludes that the proper and safe use of lakes, rivers and ponds in the Town of East Troy is desirable to maintain the physical, ecological, cultural and aesthetic characteristics of such lakes, rivers and ponds, their shorelines and the rights of riparian owners and users as well as the Township as a whole, and to promote the public health, safety and welfare of all persons making use of lakes, rivers and ponds within the Town of East Troy. Accordingly, it is the intent and purpose of the Town Board to adopt reasonable regulations for the removal of ice and the use of aerators in lakes, rivers and natural ponds in the Town of East Troy. (Ord. 2008-5 § 1. 2008 code § 12.09(1))
12.70.020 Scope and application.
The terms and provisions of this chapter shall be interpreted and applied as minimum standards and requirements for the promotion and protection of the public health, safety and welfare and for the public peace and preservation of natural resources and public and private property within the Town of East Troy. (Ord. 2008-5 § 1. 2008 code § 12.09(2))
12.70.030 Definitions.
“Aerator” means any device or equipment used within public lakes, rivers, or ponds that affects the water surface so as to prevent the normal formation of ice on the water surface. (Ord. 2008-5 § 1. 2008 code § 12.09(3))
12.70.040 Aeration safety regulations.
Aerators that prevent the natural formation of ice to occur must be removed prior to the natural formation of ice on the surface of public lakes, rivers and ponds and may not be reinstalled until all ice that appears on the lake, river or pond has dissipated. (Ord. 2008-5 § 1. 2008 code § 12.09(4))
12.70.050 Penalties and enforcement.
1. General Penalty. Except as otherwise provided, any person who shall violate this chapter shall upon conviction thereof forfeit not less than $100.00 nor more than $250.00 together with the costs of prosecution.
2. Continuing Violations. Each violation and each day a violation continues shall constitute a separate offense and shall be punishable as such.
Violation of this chapter shall be deemed a nuisance, irrespective of how that term is defined elsewhere in this code. Nothing in this chapter shall preclude the Town from maintaining any appropriate action, including seeking injunctive relief from a court of competent jurisdiction to prevent or remove a violation of any provision of this chapter. (Ord. 2008-5 § 1. 2008 code § 12.09(5))