Chapter 16.05
GENERAL PROVISIONS
Sections:
16.05.010 State boating and water safety laws adopted.
16.05.020 Adoption of state bond schedule.
16.05.030 Citation – Nature, issuance, release of accused.
16.05.040 Failure of defendant to appear.
16.05.010 State boating and water safety laws adopted.
The statutory provisions describing and defining regulations with respect to water traffic, boats, boating and related water activities in the following enumerated sections of the statutes, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of the statutes, are hereby adopted and by reference made a part of this chapter as if fully set forth. Any act required to be performed or prohibited by the provisions of the statutes incorporated by reference in this chapter is required or prohibited by this section as follows:
|
Wisconsin Statutes |
|
|---|---|
|
Deposit any material or place any structure upon the bed of any navigable water per Wis. Stats. Sections 30.12(a) and (b). |
|
|
Obstruct navigable water. |
|
|
30.523(2) or (3) |
Failure to display registration number or decal on boat. |
|
Operate boat between sunset and sunrise without required lights. |
|
|
30.61(6)(a) |
Moored boats and structures beyond 200 feet from shore without lights. |
|
30.61(10) |
Operate a personal watercraft from sunset to sunrise. |
|
30.62(3) |
Failure to provide proper number of personal flotation devices (PFD). |
|
30.62(3)(b) |
Fail to wear a personal flotation device on a personal watercraft. |
|
30.62(4) |
Failure to have required fire extinguishing equipment aboard. |
|
Operate at speed greater than slow-no-wake on lakes 50 acres or less. |
|
|
30.64(3) |
Fail to stop for officer. |
|
30.65(1)(a) |
Improper passing when meeting “head to head.” |
|
30.65(1)(b) |
Failure to yield right-of-way. |
|
30.65(1)(d) |
Failure to yield right-of-way to sailboat or rowboat. |
|
30.65(1)(e) |
Failure to yield right-of-way when overtaking or passing. |
|
30.66(1) |
Unreasonable or imprudent speed. |
|
30.66(2) |
Operate at speed in excess of posted notice. |
|
30.66(3) |
Operate motorboat within 100 feet of dock, raft or pier at a speed in excess of slow-no-wake speed. |
|
30.66(3)(b) |
Operate a personal watercraft greater than slow-no-wake speed within 100 feet of another boat. |
|
30.68(4) |
Creating hazardous wake or wash. |
|
30.68(5) |
Operating in circular course. |
|
30.68(6) |
Riding on decks or gunwales. |
|
30.68(8m) |
Illegal mooring buoys (daily). |
|
30.68(9) |
Overloading. |
|
30.69(1)(a) |
Operating boat towing water skier without observer. |
|
30.69(1)(a) |
Operating boat towing water skier between sunset and sunrise. |
|
30.69(1m)(c) |
Operate a personal watercraft not designed for three people while towing a water skier. |
|
30.69(3) |
Water skiing, within 100 feet of restricted area. |
|
30.69(3)(b) |
Within 100 feet of a personal watercraft. |
|
30.67(1) |
Fail to render aid at boating accident or 0 – 6 months or both. |
|
30.68(2) |
Operate boat in reckless or negligent manner or 0 – 6 months or both. |
|
30.681(1)(a) |
Operate a motorboat while intoxicated (B-10). (Second offense within five years, and five days to six months.) (Third or more offenses within five years, and 30 days to one year.) |
|
30.681(1)(b) |
Operate motorboat with alcohol concentration above 0.10 percent (B-10). (Second offense within five years, and five days to six months.) (Third or more offenses within five years, and 30 days to one year.) |
|
30.681(2) |
Cause injury by intoxicated operation of motorboat 30 days to one year. |
|
330.684(5) |
Refuse to take test, intoxicated motorboat operation (B-36) (Second offense within five years, and five days to three months.) (Third or more offenses within five years, and 30 days to one year.) |
[Code 2002 § 58-1.]
16.05.020 Adoption of state bond schedule.
The town board does hereby adopt the state January 1, 1988, bond schedule for violation of this chapter. [Code 2002 § 58-2.]
16.05.030 Citation – Nature, issuance, release of accused.
(a) Nature. A citation under this section is a directive, issued by a law enforcement officer, that a person appear in court and answer charges. A citation is not a criminal complaint and may not be used as a substitute for a criminal complaint.
(b) Authority to Issue – Effect. A law enforcement officer may issue a citation to any person whom he has reasonable grounds to believe has committed a violation of this chapter. A citation may be issued in the field or at the headquarters or precinct station of the officer instead of or subsequent to a lawful arrest. If a citation is issued, the person cited shall be released on his own recognizance. In determining whether to issue a citation, the law enforcement officer may consider whether:
(1) The accused has given proper identification.
(2) The accused is willing to sign the citation.
(3) The accused appears to represent a danger of harm to himself, another person or property.
(4) The accused can show sufficient evidence of ties to the community.
(5) The accused has previously failed to appear or failed to respond to a citation.
(6) Arrest or further detention appears necessary to carry out legitimate investigative action in accordance with law enforcement agency policies.
(c) Contents. The citation shall do all of the following:
(1) Identify the offense and section which the person is alleged to have violated, including the date, and if material, identify the property and other persons involved.
(2) Contain the name and address of the person cited, or other identification if that cannot be ascertained.
(3) Identify the officer issuing the citation.
(4) Direct the person cited to appear for his initial appearance in a designated court, at a designated time and date.
(d) Service. A copy of the citation shall be delivered to the person cited, and the original must be filed with the district attorney.
(e) Review by District Attorney. If the district attorney declines to prosecute, he shall notify the law enforcement agency which issued the citation. The law enforcement agency shall attempt to notify the person cited that he will not be charged and is not required to appear as directed in the citation.
(f) Citation No Bar to Criminal Summons or Warrant. The prior issuance of a citation does not bar the issuance of a summons or a warrant for the same offense.
(g) Preparation of Form. The judicial conference shall prescribe the form and content of the citation under Wis. Stats. Section 758.171. [Code 2002 § 58-3.]
16.05.040 Failure of defendant to appear.
(a) If the person so arrested for violation of this chapter and released fails to appear personally or by an authorized attorney or agent before the court at the time fixed for the hearing, the money deposited by the accused pursuant to the provisions in RMC 16.05.050 shall be retained and used for the payment of the forfeiture, which forfeiture may be imposed either with or without cost as determined by the court after the ex parte hearing upon the accused. The excess, if any, shall be returned to the person who makes the deposit upon his making application for such excess. If the accused is found not guilty, then the entire amount of the deposit shall be returned to the depositor.
(b) Any person violating any of the terms of this chapter shall be subject to arrest whether at the time of the arrest he is on the waterways or upon the shore, and any water patrol officer may pursue the offender ashore to enforce the terms of this chapter. [Code 2002 § 58-4.]
16.05.050 Bond.
The law enforcement officer or any town police officer may accept money or bond deposits from any person charged with a violation of this chapter, and upon receipt of the bond shall issue a receipt for the bond received to the person. The law enforcement officer or town police officer or the county court shall deliver forfeited bond deposits to the town treasurer upon order of the county court and within seven days after the court issues the order. [Code 2002 § 58-5.]
16.05.060 Lake accesses.
(a) Intent. It is the intent of this section to provide for safe public use of the accesses held in trust by the town and to preserve the natural resources in these areas.
(b) Penalties. Citations for violations of this section shall follow the procedure listed in Wis. Stats. Sections 66.119 and 66.12. Cash deposit for violation shall be a minimum of $35.00 for the first violation and shall not exceed $200.00 for succeeding offenses.
(c) Improvements. As provided in Wis. Stats. Section 236.16, nothing in this section shall require the town to improve the land provided for public access.
(d) General Use. The general public may use the accesses for getting fishing, boating and recreational equipment to the lake on those accesses where terrain and soil conditions make possible safe and reasonable movement of such equipment from the nearest public highway to the lake. No use of the lake access that is in violation of state, federal or county statutes shall be permitted.
(e) Special Uses. Special uses of the lake accesses shall include but not be limited to: research groups, weed harvesting and chemical treatment operators, sea wall construction operators, and heavy equipment operators.
(f) Special Use Permits.
(1) Special use operators shall file with the town clerk an application for a special lake accesses use permit. Such application shall describe the date of the beginning and ending of the operation, the special equipment to be used, provisions for public safety provided, evidence of liability insurance adequate to cover all possible accidents or damage to other persons, equipment or to terrain or vegetation on the access, provision for restoring the access to its condition at the start of the operation, evidence of state, county or federal permits required, an agreement to cease operation and remove equipment within 48 hours of an order of the town board, and the nature of and length of time any materials will be stored on the access. The town board may require a bond to be posted by the applicant for possible costs in restoring the site to its condition prior to the special use. The town may require the applicant to sign a statement freeing the town from liability to other users while the special use is in progress or as a result of that special use.
(2) The town board in open meeting shall review the application for special use of the accesses. The town board shall approve or disapprove the application. In the event of approval, the town board will designate which accesses may be used, the time of each use and shall direct the clerk to issue the permit. This permit must be displayed on the accesses while the work is in progress. As the work progresses, the town board may inspect, or cause to be inspected, the operation. If upon inspection the operation is not deemed to be in the public interest or violates any town ordinance or any of the terms or conditions of the permit, it may require the operator to cease and desist in the operation and restore the accesses to the condition that existed at the start of the operation. The town board may require the operator to surrender his permit for the operation.
(g) Parking. Parking shall be permitted on the access in designated areas only between the hours of 6:00 a.m. to 11:00 p.m. If parking areas are not designated, all parking shall be done in such a manner that the public may have unimpeded access to the lake at all times. The town may designate no parking areas when such areas are in the best public interest. Stopping or standing a vehicle on the access shall be only for short periods of time and shall be done in a sharing manner with other access users.
(h) Storage. Storage of any material, equipment, weeds or bog material shall be for a minimal length of time. Any storage shall be allowed only after a special use permit has been issued to the person needing to store materials on the access in order to perform lake-oriented services. Such permit shall be for the shortest possible storage period. Materials stored on the lake accesses shall be only of those materials necessary for lake projects such as, but not limited to, weed harvesting, bog removal, chemicals for authorized treatment of aquatic nuisances, materials for erosion and eutrophication control, and navigation and traffic control devices and research equipment.
(i) Alteration and Encroachment. No person shall alter the natural terrain of the access by drainage, planting or cultivating vegetation without special permit issued by the town board after acquiring assurance in writing from state and county agencies that such alteration is not in violation of state and county statutes and ordinances. No person shall encroach upon any access by alteration of boundaries, construction of buildings, drainage of liquids, or deposition of solid waste materials. [Code 2002 § 58-6.]
16.05.070 Boat launching.
(a) Purpose and Intent. The purpose and intent of this section is to promote the public health, safety and general welfare of the people of the town by setting rules for the use of the town-owned and unmanned boat launches on the northwest shore of Turtle Lake, the south shore of Lake Lorraine or the south shore of Whitewater Lake.
(b) Activities Regulated. At any of the boat launches referred to in subsection (a) of this section, it shall be unlawful for any person to:
(1) Dock or moor a boat for any period of time longer than is necessary to launch a boat into or remove a boat from the lake;
(2) Use these areas for the purpose of camping, sleeping or living;
(3) Start or maintain any fires, including campfires or barbecues;
(4) Place, deposit or leave upon such grounds any paper, garbage, refuse, trash or other discarded thing, substance or article;
(5) Park vehicles or trailers overnight;
(6) Use the boat launching area on such premises for swimming.
(c) Penalty. Any person violating the terms of this section shall forfeit not less than $50.00 nor more than $500.00, together with the costs of prosecution thereof, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 30 days. [Code 2002 § 58-7.]