Chapter 16.15
WHITEWATER AND RICE LAKES

Sections:

Article I. Repeal of Conflicting Ordinances

16.15.010    Repeal of conflicting ordinances.

16.15.020    Applicability and enforcement.

Article II. Boating Generally

16.15.030    State boating and water safety laws adopted.

16.15.040    Forfeitures and deposits.

16.15.050    Deposit and bail schedule.

Article III. Additional Regulations

16.15.060    Intent.

16.15.070    Applicability and enforcement.

16.15.080    Traffic lane.

16.15.090    Water skiing.

16.15.100    Speed restrictions.

16.15.110    Swimming regulations.

16.15.120    Aircraft prohibited.

16.15.130    Mooring of boats.

16.15.140    Organized events and displays.

16.15.150    Additional traffic rules.

16.15.160    Forfeitures.

Article IV. Lake Accesses

16.15.170    Intent.

16.15.180    Citations.

16.15.190    Improvements on accesses.

16.15.200    General use of accesses.

16.15.210    Special uses of accesses.

16.15.220    Special use permits.

16.15.230    Parking on accesses.

16.15.240    Storage of items on lake accesses.

16.15.250    Alteration and encroachment of accesses.

Article V. Town Road Access to Lake Areas

16.15.260    Intent.

16.15.270    Citations.

16.15.280    Piers and boat lifts in or to town roadways prohibited.

16.15.290    Presumptions.

16.15.300    Storage of items on lake accesses.

16.15.310    Parking on town roadways contiguous to lakes prohibited.

Article VI. Procedure

16.15.320    Citation – Nature, issuance, release of accused.

16.15.330    Failure of defendant to appear.

16.15.340    Bond.

Article I. Repeal of Conflicting Ordinances

16.15.010 Repeal of conflicting ordinances.

All ordinances regulating water traffic, boats, boating or water sports upon the waters covered by this chapter and all ordinances and parts of ordinances in conflict with the ordinance codified in this chapter heretofore enacted by the town of Whitewater and the town of Richmond, Walworth County, Wisconsin, are hereby repealed. [Ord. dated 5/11/2004 Art. I.]

16.15.020 Applicability and enforcement.

The provisions of this chapter shall apply to the waters of Whitewater Lake and adjoining channels and lying within the corporate limits of the towns of Richmond and Whitewater, Walworth County, Wisconsin. The towns of Richmond and Whitewater agree that each township may apply different numbering to the ordinance codified in this chapter, and it will have no effect on the ordinance itself. [Ord. dated 2/26/2010 § 5; Ord. dated 5/11/2004 Art. I-A.]

Article II. Boating Generally

16.15.030 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 Wisconsin 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 chapter as follows:

Operate boat without valid certificate of number

Give permission to operate boat without valid certificate of number

Fail to have certificate of number on boat

Failure to display registration number or decal on boat

Fail to transfer certificate of number or title

Failure of purchaser to apply for registration or title

Fail to notify of abandonment or destruction of boat

Fail to notify of change of address

Operate boat between sunset and sunrise without required lights

Moored boats and structures beyond 200 feet from shore without lights

Operate a personal watercraft from sunset to sunrise

Operate without proper equipment

Operate without proper muffler or in excess of maximum noise levels

Failure to provide proper number of personal flotation devices (PFDs)

Fail to wear a PFD on a personal watercraft

Required safety devices

Failure to have required fire extinguishing equipment aboard

Operate at speed greater than slow-no-wake on lakes 50 acres or less

Reducing speed and yielding right-of-way to patrol boats

Fail to stop for officer

Improper passing when meeting “head to head” right-of-way

Failure to yield right-of-way

Failure to yield right-of-way to sailboat or rowboat

Failure to yield right-of-way when overtaking or passing

Duty of boat granted right-of-way

Unreasonable or imprudent speed

Operate at speed in excess of posted notice

Operate motorboat within 100 feet of dock, raft or pier at a speed in excess of slow-no-wake speed

Operate a PWC greater than slow-no-wake speed within 100 feet of another boat

Duty to report accidents

Fail to render aid at boating accident

Falsifying distress signal

Negligent operation

Operation by incapacitated person or minor

Creating hazardous wake or wash

Facing backward while operating a PWC

Operating in circular course

Creating wake while towing with a PWC

Riding on decks or gunwales

Restricted areas

Anchoring in traffic lanes

Illegal mooring buoys (daily)

Overloading

Unnecessary sounding of whistles

Molesting or destroying aids to navigation and regulatory markers

Operate a motorboat while intoxicated

Operate motorboat with alcohol concentration above 0.10 percent

Cause injury by intoxicated operation of motorboat

Refusal to take chemical test, intoxicated motorboat operation

Operating boat towing water skier without observer

Operating boat towing water skier between sunset and sunrise

Operate a personal watercraft not designed for three people while towing a water skier

Water skiing, within 100 feet of restricted area

Water skiing, within 100 feet of a personal watercraft

Intoxicated skier or aquaplaner

Unlawfully engage in skin diving

Operate boat with improperly sealed toilet

Inadequate onshore disposal facilities

[Ord. dated 5/11/2004 Art. II-1.]

16.15.040 Forfeitures and deposits.

Forfeitures or violation of any of the above provisions shall be assessed in accordance with Wis. Stats. Section 30.80. [Ord. dated 5/11/2004 Art. II-1.]

16.15.050 Deposit and bail schedule.

The towns of Whitewater and Richmond shall set deposits and bail in accordance with the amounts listed for each violation in the “State of Wisconsin Revised Uniform Deposit and Bail Schedule for Conservation, Environmental Protection, Boating, Snowmobile and ATV Violations” as published by the Wisconsin Judicial Commission, January 2001, and which may be updated by the Wisconsin Judicial Commission from time to time. [Ord. dated 5/11/2004 Art. II-1.]

Article III. Additional Regulations

16.15.060 Intent.

It is the intent of this article to provide free access to Whitewater and Rice Lakes for all users and further provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public needs and the capacity of the water resource. To this end, the towns of Whitewater and Richmond set forth the following additional provisions. [Ord. dated 5/11/2004 Art. II-2.]

16.15.070 Applicability and enforcement.

(a) This article shall apply to the waters of Rice Lake and Whitewater Lake lying within the corporate limits of the towns of Whitewater and Richmond. The provisions of this article shall be enforced by a patrol officer or officers appointed by and under the jurisdiction of the towns.

(b) Officers patrolling the waters as part of a water safety patrol unit may stop and board any boat for the purpose of enforcing Wis. Stats. Sections 30.50 to 30.80 and for conducting search and rescue operations, if the officers have reasonable cause to believe there is a violation of the sections, rules or ordinances or the stopping and boarding of any boat is essential to conduct a search and rescue operation. [Ord. dated 5/11/2004 Art. II-2.]

16.15.080 Traffic lane.

(a) A traffic lane is hereby established embracing the surface of Rice and Whitewater Lakes, Walworth County, Wisconsin, in their entirety, excepting therefrom that portion of the waters thereof lying between the shoreline and a line parallel to 150 feet distant from the shoreline, and excepting therefrom the northwest, northeast and southwest bays. These exceptions are designated “slow-no-wake” areas. All channels shall be deemed “slow-no-wake” areas.

(b) No pier shall extend further into the lakes from the shoreline than 50 feet, no raft shall be anchored or moored where it extends into a traffic lane, no private buoy shall be located in a traffic lane, and no boat shall be moored where it can drift into a traffic lane. All provisions of this section shall be consistent with Wis. Stats. Section 30.13. [Ord. dated 5/11/2004 Art. II-2.]

16.15.090 Water skiing.

(a) Prohibited at Certain Times – Exceptions.

(1) Except as provided in subsection (a)(2) of this section, no person may operate a motorboat towing a person on water skis, aquaplane or similar device unless there is in the boat a competent person in addition to the operator in a position to observe the progress of the person being towed. An observer shall be considered competent if they in fact can observe such person being towed and relay any signals to the operator. This observer requirement does not apply to motorboats classified as class A motorboats by the department actually operated by the person being towed and so constructed as to be incapable of carrying the operator in or on the motorboat. No person shall operate a boat for the purpose of towing a water skier or engage in water skiing except between the hours of 9:00 a.m. and 7:00 p.m. or sunset, whichever is earlier, Friday, Saturday, holidays, and the day preceding a holiday. Water skiing and boat wakes are permitted Sunday, Monday, Tuesday, Wednesday and Thursday from 9:00 a.m. to sunset except if one of these days would be a legal holiday or the day preceding a holiday.

(2) This does not apply to duly authorized water ski tournaments, competitions, exhibitions or trials therefor, where adequate lighting is provided.

(b) Careful and Prudent Operation. A person operating a motorboat having in tow a person on water skis, aquaplane or similar device shall operate such a boat in a careful and prudent manner and at a reasonable distance from the persons and property so as not to endanger the life or property of any person.

(c) Restriction. No boat towing persons engaged in water skiing, aquaplaning or similar activity on any lake shall engage in such activity within 100 feet of any occupied anchored boat or marked swimming area or public boat landing except where pick up and drop are established and marked with regulatory markers.

(d) Tow Lines. There shall be no more than two tow lines and only two persons using the tow lines as a means of water skiing or similar sport. The persons being towed must be equipped with a Coast Guard approved personal flotation device. No tow line shall exceed 75 feet in length.

(e) Observance of Rules. Any boat engaged in towing a person on water skis, aquaplane or similar device must conform to all sections of this article and, in addition, must operate in a counterclockwise pattern on both lakes and inlet and outlet in the traffic lane.

(f) Towed or Untowed Flight Banned. No water skier behind any boat will be permitted to be lifted into the air by any means including parasailing, hang gliding or other means, whether the tow remains in place or not, after the skier is aloft.

(g) To become duly authorized to conduct water ski tournaments, competitions, exhibitions or trials, the applicant must do all of the following:

(1) Appear before the town boards of Richmond and Whitewater with a practice and show schedule and present a plan with all dates and times including the length of each event, before the start of the season, or not less than 30 days in advance of a single event. Both town boards will be required to approve and authorize any practice and show schedule.

(2) Have a parking plan as to handle the parking of the event participants and the spectators.

(3) Have a commitment from an insurance company for liability insurance that indemnifies and holds harmless the towns of Richmond and Whitewater in an amount as directed by each board.

(4) Have in place a representative living in Walworth County who can be contacted at any time during the water ski season regarding any problems by either the town of Whitewater or Richmond, as related to water ski tournaments, competitions, exhibitions or trials, parking, insurance, zoning, noise or the equipment used in that activity. The applicant shall also present a listing of the names, addresses and phone numbers of all officers or managers of the organization that is applying to conduct a water ski tournament, competition, exhibition or trial.

(5) At the appearance before the town boards the applicant for authorization should be prepared to answer questions related to the zoning of the property that is proposed for the water ski tournament, competition, exhibition or trial, and have in writing a signed document from any land owner, where the event is proposed, that they have authorized the use of the property for that purpose. The board may direct that authorization be obtained from adjacent land owners before the event is authorized.

(6) The authorization granted by the towns for water ski tournaments, competitions, exhibitions or trials is conditional upon performance of all items as stated above, and additional conditions as may be imposed by each board, and is not a license. [Ord. dated 5/11/2004 Art. II-2.]

16.15.100 Speed restrictions.

(a) All boats shall operate at a slow-no-wake speed after 7:00 p.m. or sunset, whichever is earlier, on Fridays, Saturdays, holidays and the day preceding a holiday, to 9:00 a.m. the following day. All other days, water skiing will be permitted from 9:00 a.m. until sunset. The maximum speed outside the traffic lane shall be “slow-no-wake” at all times every day of the week.

(b) This shall not apply to boats participating in duly authorized races, water ski tournaments or exhibitions, or over a course laid out, plainly marked and adequately patrolled.

(c) In the event the water level on Whitewater Lake exceeds an elevation of 892.56 feet above sea level, which is the same as 1.60 feet on the ruler bolted to the left upstream wall of the dam at the northerly end of Whitewater Lake, or in the event of a catastrophe, disaster, riot or civil commotion upon the waters of either Whitewater or Rice Lake, which impairs transportation, medical services, fire, health or police protection on the waters, either the town chairperson of the town of Whitewater or the town board of the town of Whitewater can declare an emergency and impose upon the entire body or bodies of waters of either Whitewater or Rice Lakes a “slow-no-wake” speed restriction on watercraft operating on the waters of the lake or lakes, to last until the waters recede below 1.60 feet on the ruler, or until the particular emergency situation is resolved.

(d) On top of this dam there is a Wisconsin Railroad Commission metal circular benchmark, set at 895.63 feet above sea level. The top of the ruler bolted to the left upstream wall of the dam is 1.33 feet below the benchmark; 1.60 feet on the ruler is 1.74 feet below the top of the ruler.

(e) “Slow-no-wake” is the speed at which a boat moves as slowly as possible while still maintaining steerage control.

(f) The slow-no-wake restriction will be posted at all public watercraft access locations on Whitewater and Rice Lakes when in effect. [Ord. dated 5/14/2008; Ord. dated 5/11/2004 Art. II-2.]

16.15.110 Swimming regulations.

(a) Swimming from Boats Prohibited. No person shall swim from any boat unless such boat is anchored and unless the swimmers stay within 25 feet of the boat. Boats used as bases for swimmers shall be adequately supplied with Coast Guard approved flotation devices to be used in emergencies.

(b) No person shall swim more than 150 feet from the shore nor shall any person do any distance swimming unless he or she is accompanied by a boat containing a ring buoy or Coast Guard approved personal flotation device and person trained in life saving techniques. For this type of swimming, if there be more than one swimmer, each shall be accompanied by a boat. No person shall swim in a traffic lane from sunset to sunrise. [Ord. dated 5/11/2004 Art. II-2.]

16.15.120 Aircraft prohibited.

No aircraft of any kind capable of landing on water shall land, take off, or be berthed on the frozen or unfrozen surface of the waters covered by this chapter, except for the temporary purpose of an emergency landing. [Ord. dated 6/21/2022 § 4; Ord. dated 5/11/2004 Art. II-2.]

16.15.130 Mooring of boats.

No person, firm or corporation shall dock or moor any boat on the waters or along the shores of Rice and Whitewater Lakes for the purpose of living, sleeping or camping. [Ord. dated 5/11/2004 Art. II-2.]

16.15.140 Organized events and displays.

(a) No person, persons or corporations shall organize or participate in any event or display upon the surface of Whitewater or Rice Lake without first obtaining a permit for such activity from the town board of the town in which the activity shall be held.

(b) Request for a permit for organized events or displays shall be presented to the town board in triplicate before the second Monday of the month preceding the event.

(c) Request for a permit shall describe the event, time of the event, and area of the lake to be used.

(d) Upon action by the proper town board, one copy of the permit shall be returned to the applicant, and one copy to be retained by the town clerk.

(e) It is unlawful for any person or persons, during an organized event or display approved by either of the town boards, to anchor any boat within the designated area for the organized event or to in any way interfere with the participants or the organized event in any manner. [Ord. dated 5/11/2004 Art. II-2.]

16.15.150 Additional traffic rules.

In addition to the foregoing, the following rules shall apply to boats using the waters of Rice and Whitewater Lakes:

(a) Mooring Lights Required. No person shall moor or anchor any boat, raft, buoy or other floating object or permit it to drift in the traffic lane described in RMC 16.15.080 between sunset and sunrise unless there is prominently displayed thereon a white light of sufficient size and brightness to be visible from any direction (360 degrees) for a distance of one mile on a dark night with clear atmosphere. This subsection does not apply to duly authorized water ski tournaments, competition exhibits, or displays or trials thereof where adequate lighting is provided.

(b) The drivers or operators of all boats by means of which aquaplanes, water skis or similar objects are being towed, and the riders of such aquaplanes, water skis or similar objects, must conform to the same rules and clearances as provided for in this article. [Ord. dated 5/11/2004 Art. II-2.]

16.15.160 Forfeitures.

(a) Any person violating RMC 16.15.120 shall be fined $1,000 or imprisoned not more than 30 days, or both, for the first offense; and fined $5,000 or imprisoned not more than 90 days, or both, upon conviction of the same offense a second or subsequent time within one year.

(b) Any person who shall violate the provisions of this article other than RMC 16.15.160 shall forfeit not less than $10.00 nor more than $200.00, together with costs imposed by law. [Ord. dated 6/21/2022 § 5; Ord. dated 5/11/2004 Art. II-2.]

Article IV. Lake Accesses

16.15.170 Intent.

It is the intent of this article to provide for safe public use of the accesses held in trust by the towns of Whitewater and Richmond, Walworth County, Wisconsin, and to preserve the natural resources in these areas. [Ord. dated 5/11/2004 Art. II-3.]

16.15.180 Citations.

Citations for violations of any of the following provisions 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. [Ord. dated 5/11/2004 Art. II-3.]

16.15.190 Improvements on accesses.

As provided in Wis. Stats. Section 236.16, nothing in this article shall require either of the towns to improve the land provided for public access. [Ord. dated 5/11/2004 Art. II-3.]

16.15.200 General use of accesses.

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. [Ord. dated 5/11/2004 Art. II-3.]

16.15.210 Special uses of accesses.

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. [Ord. dated 5/11/2004 Art. II-3.]

16.15.220 Special use permits.

(a) Special use operators shall file with the town clerk in which the work is to be done an application for a special lake access 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 that town board, and the nature of and length of time any materials will be stored on the access. That 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.

(b) The town board in which the work is to be done shall, in open meeting, review the application for special use of the access or accesses. That town board shall approve or disapprove the application. In the event of approval, the town board will designate which access or 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 access or 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 access or accesses to the condition that existed at the start of the operation. The board may require the operator to surrender his permit for the operation. [Ord. dated 5/11/2004 Art. II-3.]

16.15.230 Parking on accesses.

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 boards, in their respective jurisdiction, 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.

Any person who shall violate the provisions of this chapter if a sign stating the parking rule for that access has been posted by the town board, shall forfeit not less than $10.00 nor more than $200.00, together with costs imposed by law. [Ord. dated 5/11/2004 Art. II-3.]

16.15.240 Storage of items on lake accesses.

Storage of any material or materials, 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 or persons 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.

Any person who shall violate the provisions of this chapter shall forfeit not less than $10.00 nor more than $200.00, together with costs imposed by law. [Ord. dated 5/11/2004 Art. II-3.]

16.15.250 Alteration and encroachment of accesses.

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.

Any person who shall violate the provisions of this chapter shall forfeit not less than $10.00 nor more than $200.00, together with costs imposed by law. [Ord. dated 5/11/2004 Art. II-3.]

Article V. Town Road Access to Lake Areas

16.15.260 Intent.

It is the intent of this article to provide for safe public use of the roadways held in trust by the towns of Whitewater and Richmond, Walworth County, Wisconsin, and to preserve the natural resources of lakes in these areas. Control of contiguous roadways and safe usage of the lakes are interrelated. Both towns have had problems with the use of piers from areas of town roads including parked vehicles, roadway obstruction, unsafe fishing activities, picnics and placement of personal property on town roads. [Ord. dated 5/11/2004 Art. II-4.]

16.15.270 Citations.

Citations for violations of any of the following provisions shall follow the procedure listed in Wis. Stats. Sections 66.119 and 66.12. Cash deposit for violation shall be a minimum of $100.00 for the first violation, $200.00 for the second violation, and $300.00 for the third and each succeeding offenses. Each day of placement of a pier or boat lift in the right-of-way or to the right-of-way is a separate violation. [Ord. dated 5/11/2004 Art. II-4.]

16.15.280 Piers and boat lifts in or to town roadways prohibited.

No one shall be allowed to place a pier or boat lift in the right-of-way or to the right-of-way of a town road. This is applicable to town roads laid out as public highways under Wis. Stats. Section 80.01(1) or unrecorded highways under Wis. Stats. Section 80.01(2). This is applicable to any land accreted to a town road right-of-way that is laid out as public highways. [Ord. dated 5/11/2004 Art. II-4.]

16.15.290 Presumptions.

The town boards presume that the piers are being placed from town roadways at the direction and request of any owners who moor watercraft to them. Unless there is clear evidence to the contrary (i.e., that someone other than the boat owner placed the pier or lift in the roadway), the citation shall be issued to the registered owner of any boat moored to the pier or placed in the boat lift. [Ord. dated 5/11/2004 Art. II-4.]

16.15.300 Storage of items on lake accesses.

No one shall be allowed to place any item, in a roadway contiguous to the lake, in the right-of-way of a town road.

Any person who shall violate the provisions of this chapter shall forfeit not less than $10.00 nor more than $200.00, together with costs imposed by law. [Ord. dated 5/11/2004 Art. II-4.]

16.15.310 Parking on town roadways contiguous to lakes prohibited.

Parking on either side of a roadway that is contiguous to any lake in either the town of Richmond or the town of Whitewater is prohibited if the roadway has been posted with no parking signs.

Any person who shall violate the provisions of this chapter, if a sign stating the parking rule for that access has been posted by the town board, shall forfeit not less than $10.00 nor more than $200.00, together with costs imposed by law. [Ord. dated 5/11/2004 Art. II-4.]

Article VI. Procedure

16.15.320 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 or she has reasonable grounds to believe has committed a violation of any provisions 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 or her own recognizance unless the law enforcement officer requires the person cited to post a bond. In determining whether to require a bond, 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 or herself, 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 or her 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 circuit court.

(e) Citation No Bar to Criminal Summons or Warrant. The prior issuance of a citation does not bar the issuance of a criminal summons or a warrant for the same offense, provided the citation is dismissed after the criminal summons or warrant is issued.

(f) Preparation of Form. The judicial conference shall prescribe the form and content of the citation under Wis. Stats. Section 758.171. [Ord. dated 5/11/2004 Art. II-4.]

16.15.330 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 of this chapter 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 the same. 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. [Ord. dated 5/11/2004 Art. II-4.]

16.15.340 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. [Ord. dated 5/11/2004 Art. II-4.]