|
| |
Click here to view Silver
Lake Boating Regulations
For a pdf version
of these regulations, click here
|
|
Click here to view Silver Lake Ice
Ordinance
For a pdf
version of this ordinance, click here
|
|
Silver
Lake Boating Regulations |
ORDINANCE
NO. 2011-1
AN ORDINANCE RELATING TO THE SILVER LAKE
PROTECTION AND REHABILITATION DISTRICT AND BOATING REGULATIONS
THE SILVER LAKE PROTECTION
AND REHABILITATION DISTRICT BOARD OF COMMISSIONERS ORDAINS AS FOLLOWS:
Section 1. Chapter 1 and 2 of the
Municipal Code are hereby repealed and Chapter 1 of the Municipal Code is hereby recreated
as follows:
|
CHAPTER
1
SILVER LAKE PROTECTION & REHABILITATION
DISTRICT
BOATING REGULATIONS
1.01 GENERAL PROVISIONS
1.02 INTERPRETATION
1.03 ENFORCEMENT
1.04 DEFINITIONS
1.05 WATER TRAFFIC LANES
1.06 SPEED RESTRICTIONS
1.07 PROHIBITED BOAT OPERATION
1.08 WATER SKIING
1.09 SWIMMING REGULATIONS
1.10 MARKERS AND NAVIGATION AIDS, POSTING ORDINANCE
1.11 STATE BOATING AND WATER SAFETY LAWS ADOPTED
1.12 SEVERABILITY
1.13 UNIFORM CITATION METHOD ADOPTED
1.14 PENALTIES AND DEPOSITS
|
| 1.01 GENERAL PROVISIONS
(1) APPLICABILITY: The
provisions of this chapter shall apply to the waters of Silver Lake, located in the Town
of West Bend, Washington County, Wisconsin.
(2) PURPOSE: The purpose of this
chapter is to promote the public health, safety and general welfare of the Silver Lake
Protection and Rehabilitation District ("SLPRD").
(3) DISTRICT NAME CHANGE: The name
of the District known as the Silver Lake Inland Lake Protection and Rehabilitation
District ("SLILPRD") is hereby changed to Silver Lake Protection and
Rehabilitation District ("SLPRD").
(4) AUTHORITY: This chapter is
adopted by the Silver Lake Protection and Rehabilitation District, exercising the powers
granted it by resolution of the Town Board of the Town of West Bend pursuant to
§30.77(3)(am)1, of the Wisconsin Statutes.
|
| 1.02 INTERPRETATION
The section of this chapter pertaining
to the use, operation or equipment of boats, and other vehicles as well as the activities
which are regulated by §§30.50 through 30.71 and §30.80 Wis. Stats., and rules and
regulations of the Department of Natural Resources established pursuant thereto are hereby
adopted by reference and shall be construed and interpreted, if possible, to be consistent
with and not contrary to said statute sections, rules and regulations nothing to the
contrary herein notwithstanding.
|
| 1.03 ENFORCEMENT
The provisions of this chapter shall
be enforced by the officers of the Silver Lake Water Safety Patrol ("SLWSP").
The Chief and other members of the SLWSP shall be hired or contracted for by the Board of
Commissioners of the SLPRD.
|
| 1.04 DEFINITIONS
(1) BOAT OR VESSEL: Every
description of watercraft used or capable of being used as a means of transportation on
water, except a seaplane on the water or a fishing raft. A boat or vessel includes a
personal watercraft.
(2) PERSON: Includes individual,
firm, partnership, corporation or any other association of individuals organized together
for any purpose whatsoever.
(3) PERSONAL WATERCRAFT: A
motorboat that uses an inboard motor powering a water jet pump or a caged propeller as its
primary source of motive power and that is designed to be operated by a person standing
on, kneeling on or sitting astride the watercraft.
(4) SHOREZONE:
The surface of the lake that is within 200 feet from and parallel to the shore. Provided, however, that on
any part of said lake where the distance between the opposite shores is such that the
foregoing formula is impossible or impracticable in application, then the shorezone shall
be as indicated by buoys placed for that specific purpose. The northern portion of Silver
Lake known as the kettle and the channel connecting the kettle and
main lake are designated as shorezones for the purpose of this ordinance.
(5) SLOW-NO-WAKE SPEED: When used
herein, slow-no-wake speed means that speed at which a boat moves as slowly as possible
while still maintaining steerage control.
(6) WATER SKIING AND WATER SKIER: A
person being towed by a motor boat, on water skis, aquaplane, wake boards, tubing or
similar device.
(7) WATER TRAFFIC: All moving
objects controlled by a person or persons or agent of a person on the surface of the lake.
|
| 1.05 WATER TRAFFIC LANES
(1) DEFINED:
The surface of the main lake basin that is beyond 200 feet distant from and parallel to the shore, or 100
feet distant from the projecting extremities of any pier, wharf, raft or other structure
built in or over the water, or the greater thereof, provided however, that on any part of
said lake where the distance between the opposite shores is such that the foregoing
formula is impossible or impracticable in application, then the traffic lane shall be as
indicated by buoys placed for that specific purpose.
(2) DIRECTION OF TRAVEL: All motor
boats, as defined in §30.50(6), Wis. Stats., or personal watercraft as defined in
§30.50(9d), Wis. Stats., traveling over a slow-no-wake speed in the traffic lane,
including water skiing or similar activity must travel in a counterclockwise rotation.
|
| 1.06 SPEED RESTRICTIONS
(1) SPEED LIMITS IN TRAFFIC LANES:
(a) Monday through Friday:
10:00 a.m. to 7:00 p.m. -- 35 mph
maximum
7:00 p.m. to 10:00 a.m. -- slow-no-wake
(b) Saturday, Sunday and Holidays:
10:00 a.m. to 6:00 p.m. -- 35 mph
maximum
6:00 p.m. to 10:00 a.m. -- slow-no-wake
(2) SPEED IN SHOREZONE: When moving
in waters that have been designated as the shorezone, the operating speed shall be
slow-no-wake speed.
(3) PERSONAL WATERCRAFT:
No person may operate a personal watercraft at a speed in excess of
slow-no-wake within 100 feet of any other boat or within the
shorezone.
(4) DECLARATION OF
HIGH WATER EMERGENCY AND IMPOSITION OF A TEMPORARY SLOW-NO-WAKE
SPEED LIMIT ON THE ENTIRE LAKE AT ALL TIMES
(a) When the main
lake water body level exceeds the top of the dam in the creek at the
north end of the Kettle by at least 4.5 inches, the Commissioners of
the SLPRD will meet and may declare that a high water emergency
exists on all of Silver Lake. the lake level will be determined
using the "Staff Gauge" located near the northeast corner of John
Behren's boat house at 3482 County Hwy NN. If a high water emergency
is declared by the Commissioner, no person shall at any time operate
a boat at a speed faster than the "Slow-No- Wake" in the waters of
Silver Lake during such high water emergency.
(b) Then the Lake
water level returns to a level that is 4.5 inches or less above the
top on the dam using the "Staff Gauge" in (a), the high water
emergency will be considered as rescinded and the restrictions in
subsection (a) above will no longer be in effect.
(c) The SLPRD will
post a notice of the Existance and removal of a high water emergency
at the Public Launch Ramp, at the Yacht Club, in the Channel, and on
the Sand Bar on silver Lake. The SLPRD will also notify the local
media of the existence and removal of a high water emeregency.
|
| 1.07 PROHIBITED BOAT OPERATION
(1) DISTANCES: No person shall
operate a motorboat at a speed that is greater than reasonable and prudent, when within
100 feet of a occupied, anchored boat, or a slow moving boat. Such speed shall not
endanger the occupants of such boat.
(2) SAFE DISTANCE FROM SWIMMER: No
person shall operate any boat within 100 feet of a swimmer, unless they are the
accompanying boat, or unless physical conditions make compliance of the aforementioned
impossible.
|
| 1.08 WATER-SKIING
(1) TOWING PERSON REGULATED: No
person shall operate a boat for the purpose of towing a person on water skis, aquaplane,
tubing or similar device unless there is in the boat a competent person, in addition to
the operator, in a position to observe the person being towed.
(2) HOURS OF OPERATION: No person
shall operate a boat for the purpose of towing a person, aquaplane or similar device or
engage in water skiing, aquaplaning or tubing between the following hours on the following
days:
(a) Monday through Friday: 7:00 p.m. to
10:00 a.m.
(b) Saturday, Sunday and Legal Holidays:
6:00 p.m. to 10:00 a.m.
(3) NUMBERS OF SKIERS TOWED: No
motor boat operator shall tow more than one line or more than two persons, nor shall any
person allow themselves to be towed by any motorboat already towing two persons.
(4) SKIER PICKUP OR DROP-OFF: No
motor boat operator shall permit a water skier or aquaplaning device to operate from a
dock, pier, raft or another boat, or within a designated swim area.
(5) KITES, SAILS: No motorboat
operator shall allow a kite, sail or similar device to be pulled behind a boat for the
purpose of flying above the water surface.
|
| 1.09 SWIMMING REGULATIONS
(1) TRAFFIC LANE: No person
shall swim in the traffic lane unless accompanied by a manned boat with a U. S. Coast
Guard approved flotation device for each swimmer.
(2) HOURS: No person shall swim in
the traffic lane from sunset to sunrise unless the accompanying manned boat mentioned in
sub. (1), is properly lighted.
|
| 1.10 MARKERS AND NAVIGATION AIDS, POSTING
ORDINANCE
(1) DUTY OF SLPRD OR DESIGNEE:
The Chief of SLWSP is authorized and directed to supervise placement and maintain suitable
markers, navigation aids and signs in such areas as shall be appropriate to advise the
public of the provisions of this chapter at all public access points within the
jurisdiction of the SLPRD.
(2) STANDARD MARKERS: All markers
placed upon the water of the lake shall comply with the Department of Natural Resources
rules and regulations.
(3) INTERFERENCE WITH MARKERS
PROHIBITED: No person shall, without authority, move, remove, damage, destroy, moor or
attach any water craft to any buoy, beacon or any marker that is lawfully placed in the
waters of the lake.
|
| 1.11 STATE BOATING AND WATER SAFETY LAWS
ADOPTED
The statutory provisions describing
and defining regulation with respect to water traffic, boats, boating and related water
activities in §§30.50 through 30.71, and §30.80, Wis. Stats., and in the rules and
regulations of the Department of Natural Resources established subsequent to the enactment
of this chapter, for which the penalty is a forfeiture only, including penalties to be
imposed and procedure for prosecution, that have not been specifically incorporated by
reference in the foregoing sections hereof, are hereby adopted and by reference made a
part of this chapter as if fully set forth herein. Any act required to be performed or
prohibited by the provisions of any said statute, rule or regulation incorporated by
reference herein is required or prohibited by this chapter. For purposes of these
regulation, such adjusted statute may be prefixed by "99-1".
|
| 1.12 SEVERABILITY
The provisions of these regulations
shall be deemed severable and it is expressly declared that the SLPRD would have passed
the other provisions of these regulations irrespective of whether or not one or more
provisions may be declared invalid. If any provision of these regulations or the
application to any person or circumstances is held invalid, the remainder of these
regulations and the application of such provisions to other persons or circumstances shall
not be affected.
|
| 1.13 UNIFORM CITATION METHOD ADOPTED
The SLPRD adopts and authorizes the
use of a citation to be issued for violations of this ordinance, including ordinances for
which a statutory counterpart exists. The form of a citation shall provide for those items
listed in §66.1 19(1)(b), Wis. Stats..
|
| 1.14 PENALTIES AND DEPOSITS
(1) STATE UNIFORM DEPOSIT AND BAIL
SCHEDULE ADOPTED BY REFERENCE: The schedule of cash deposit for violations of state
boating and water safety regulations adopted pursuant to sec. 1 of this code shall be as
provided by the State of Wisconsin Revised Uniform Deposit and Bail Schedule for
Conservation, Environmental Protection, Boating and DNR Rules and Regulations that are
adopted therein by reference.
(2) OTHER VIOLATIONS:
(a) The cash deposit for violations of
local boating regulations in sec. 1.05 through 1.11 of this chapter and §30.77, Wis.
Stats., not provided for in sub. (1) above shall be $50.00.
(b) In addition to the deposit required in
sub. (1) and (2) (a) above, the deposit shall include a penalty assessment if required by
§ 165.87, Wis. Stats., a jail assessment if required by §302.46, Wis. Stats., and any
applicable fees and court costs prescribed in Chapter 814, of the Wis. Stats..
(c) Cash deposits are to be made with the
Clerk of the Circuit Court for Washington County, Wisconsin and said clerk shall give a
receipt for any cash deposits that are made in person, unless the deposit amount is mailed
in and in that case, the canceled check will serve as the receipt.
(3) ISSUANCE OF CITATIONS: Citations
issued under this chapter may be issued by State Certified Officers hired or contracted
for by the SLPRD.
|
| |
|
Silver Lake Ice Ordinance |
|
Ordinance
No. 2005-1
Regulation
of Activities on the Ice of Silver Lake, Town of West Bend
The Silver
Lake Protection and Rehabilitation District Board of Commissioners, Town of
West Bend, Washington County, Wisconsin does ordain
as follows:
1.01 GENERAL
PROVISIONS.
(1) APPLICABILITY. The provisions of this ordinance shall apply to
all the icebound waters of Silver
Lake within the Town of West Bend, Washington County,
Wisconsin.
(2) PURPOSE. The
purpose of this ordinance is to promote the health, safety, morals,
prosperity and general welfare of the persons and areas affected by this
ordinance consistent with public rights and interests and the capability of
the water resource.
(3) AUTHORITY. The ordinance is adopted by the Silver Lake Protection
and Rehabilitation District, hereinafter referred to as SLPRD, pursuant to
the powers granted it by virtue of Wis. Stats. §§30.81, 33.22, 33.235 and
33.29, and Resolution No. 2004-02 adopted by the Town of
West Bend on December 8, 2004 which
delegated authority of Wis. Stats. §30.81 to regulate the ice surface
of Silver Lake.
1.02 ENFORCEMENT. The
provisions of this ordinance shall be enforced by State certified law
enforcement officers employed or contracted for patrolling by the SLPRD.
1.03 DEFINITIONS.
(1) VEHICLES
include all of the means of conveyance plus any other vehicle powered by
motor, as follows.
(a) ATV (All
Terrain Vehicle) means any engine driven device as defined in Wis. Stats.
§340.01(2g) and any other multi-axle, two or more wheeled vehicles, or
combination wheel and track (runner) vehicles, not otherwise defined herein,
powered by a motor(s) or fan and designed to be operated on snow, ice,
grass, dirt, gravel, sand and wetlands, whether or not required to be
licensed by State law.
(b) SNOWMOBILE
means any engine driven vehicle as defined in Wis. Stats., §340.0l(58a).
(c) AUTOMOBILE
means any motor vehicle as defined in Wis. Stats. §340.01(4} and including
mini-vans.
(d) TRUCK means
any motor vehicle as defined in Wis. Stats. §340.01(34) and including pickup
trucks, sport utility vehicles, regular size vans and combination
automobile/trucks.
(e) (RV)
(Recreation Vehicle) means any vehicle as defined in Wis. Stats §340.01(6m),
(29) and (33m) designed or constructed to operate either under its own power
or towed, and defined to be used for temporary habitation.
(f) MOTORCYCLE
means any motorized vehicle as defined in Wis. Stats. §340.01(32) including
motorized bicycles and scooters.
(g) HOVERCRAFT
means any engine driven vehicle that travels across land or water just above
a cushion of air provided by a downward thrust as from its engines,
propellers, etc. For purposes of this ordinance, a hovercraft shall be
considered an ATV and therefore shall be subject to the provisions of Wis.
Stats. §23.33, adopted herein by reference in sec. 1.11 below.
(2) ICEBOAT means
a sailboat-like structure with runners or wheels intended to be wind powered
on a solid surface.
(3) FISHING
SHANTIES means those structures parked or erected on the ice for use as
warming buildings and ice fishing shelters, and not including automobiles
trucks and RVs.
(4) KETTLE means the northerly approximate 15% of
Silver
Lake separated from the main body of
Silver
Lake by the channel.
(5) CHANNEL means a narrow body of water approximately 100 feet wide
and 600 feet long which separates the Kettle from the main body of
Silver
Lake.
(6) MAIN BODY of
Silver Lake means the southerly approximate 85% of the lake.
1.04 PROHIBITED
OPERATIONS.
(1) No person shall operate or park or permit to be operated or parked
on the ice surface of Silver
Lake any motorized vehicle as defined in sec. 1.01 above, excluding
snowmobiles and ATVs, except for the exclusive purpose of shoreline or lake
property maintenance or repair with an approved permit issued by the SLPRD.
(2) No person
shall operate any vehicle on the ice repeatedly in a tight circuitous course
or in a prolonged, repetitive manner in the same area.
(3) No vehicle
operated on the ice shall be modified in any manner that will amplify or
otherwise increase total noise emission above that emitted by the vehicle as
originally constructed, regardless of the date of manufacture.
(4) Reference is made to The Town of West Bend Ordinance 9.06 (3) Loud
and Unnecessary Noise Prohibited. “Except for Town employees, between the
hours of 10:00 P.M. and 6:00
A.M., no person shall do construction work or operate any chain saw, lawn
mower or any other machinery of a similar nature within 300 feet of a
residence of another.” For the purpose of this ordinance, “machinery”
includes powered ice augers.
1.05
LITTERING ICE PROHIBITED.
(1) No
person shall deposit, place, or throw from any vehicle, iceboat, raft, pier,
platform, fishing shanty, structure or shore, any cans, paper, bottles,
debris, refuse, garbage, solid or liquid waste, feces or urine onto or
through the ice of the lake or onto or into the waters of the lake.
(2) No
person shall allow any animal on the ice, other than the premises of the
animal owner or person in control of the animal, without carrying or having
in his or her possession a scoop, bag or other items designed to pick up and
remove animal fecal material. Such person shall remove any deposited fecal
material immediately after it has been deposited by said animal; and said
person shall not dispose of any such material on any property other than his
or her own property or rubbish containers provided by Washington
County.
1.06 SPEED LIMITS
ON THE ICE.
(1) WITHIN 150
FEET OF SHORELINE. At any time of the day or night, no person shall operate
a vehicle on the ice in excess of a speed of 10 miles per hour within 150
feet of the shoreline.
(2) WITHIN 100
FEET OF PERSON OR OBJECT ON THE ICE. At any time of day or night, no person
shall operate a vehicle on the ice in excess of a speed of 10 miles per hour
within 100 feet of any person not in or upon a vehicle, any stationary
vehicle, any iceboat, or any fishing shanty.
(3) 100 FEET AND
BEYOND. No person shall operate a vehicle in excess of the speed limits
identified for the conditions designated in pars. (a) and (b) below when
traveling 150 feet and beyond from the shoreline, or 100 feet and beyond
from any person not in or upon a vehicle, any stationary vehicle, any
iceboat, or any fishing shanty.
(a) From sunrise to sunset, in the main body of
Silver Lake south of the
channel exiting the Kettle, not in excess of 35 miles per hour.
(b) From sunset to sunrise in the main body of
Silver Lake south of the
channel and at all times in the Kettle and channel, not in excess of 10
miles per hour.
1.07 DISORDERLY
CONDUCT
(1) No person
shall, within the area to which this ordinance applies, engage in violent,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct under circumstances in which the conduct tends to cause
or provoke a disturbance.
(2) Public
urination or defecation by humans shall be considered disorderly conduct.
1.08 REGULATION
OF ICEBOATS.
(1) No person
shall operate an iceboat on the ice in a careless manner so as to endanger
the person or property of another
(2) No person
shall operate an iceboat on the ice during the hours from sunset to sunrise.
(3) A person
operating an iceboat shall reduce the speed of the iceboat to the slowest
speed possible under the circumstances within 100 feet of any person not in
or upon a vehicle, any vehicle, or fishing shanty.
1.09 RIGHT-OF-WAY BETWEEN VEHICLES AND ICEBOATS. When a
vehicle and an iceboat are proceeding in such a direction as to involve the
risk of collision, the vehicle shall yield the right of way to the iceboat.
1.10 HOLES IN THE ICE.
No person may cut a hole in the ice in
excess of 12 inches in diameter, unless such hole is marked until the hole
has refrozen and the marker is then removed.
1.11 WISCONSIN
STATUTES AND RELATED PROVISIONS OF THE WISCONSIN ADMINISTRATIVE CODE ADOPTED
BY REFERENCE.
Wis. Stats. §23.33, §346.61, §§346.63
through 346.655, §350.01, §§350.05 through 350.12(3m)(d), §350.135 and
§350.15 and the related provisions of Wisconsin Administrative Code,
including Chapters NR 6 and NR 64, are adopted herein by reference,
including those statutes or rules and regulations related thereto that are
adopted the State or the Department of Natural Resources subsequent to the
enactment of this ordinance. Any act required to be performed or prohibited
by the provisions of any such statute, rule or regulation adopted herein by
reference is required to be performed or prohibited by this ordinance.
1.12 WINTER
SAFTEY PATROL.
(1)
A law enforcement officer operating a duly authorized winter safety patrol
vehicle, when responding to an emergency call or when in pursuit of an
actual or suspected violator of this
ordinance, need not comply with State law or this ordinance fixing maximum
speed limits when a siren is being sounded and/or such winter patrol
vehicle’s oscillating or flashing blue lights are on and if due regard is
given to the safety of other persons in the vicinity.
(2) Upon the
approach of a duly authorized winter safety patrol vehicle giving an audio
or visual signal, the operator of a vehicle referred to in this ordinance or
an iceboat shall reduce the speed of that vehicle or iceboat to the slowest
possible speed under the circumstances and yield the right-of-way to the
winter patrol vehicle until it has passed.
(3) No person
operating a vehicle or iceboat referred to in this ordinance may refuse to
stop after being requested or signaled to do so by a law enforcement
officer.
1.13 CITATION ENFORCEMENT.
The SLPRD hereby adopts and authorizes
the use of a citation to be issued for violations of this ordinance as
provided for in Wis. Stats. §66.0113. Law enforcement officers employed or
contracted for patrolling by the SLPRD may issue citations authorized under
this ordinance. Nothing herein shall be construed to prohibit the SLPRD from
enforcing this ordinance by any other lawful means.
1.14 SEVERABILITY. The
provisions of this ordinance shall be deemed severable and it is expressly
declared that the SLPRD Board of Commissioners would have passed the other
provisions of this ordinance irrespective of whether or not one or more
provisions may be declared invalid. If any provision of this ordinance or
application to any person or circumstance is held invalid, the remainder of
the ordinance and application of such provisions to other persons or
circumstances shall not be affected.
1.15
PENALTIES. Any person who violates the provisions of this ordinance shall be
subject to a forfeiture of $50 for the first offense and $100 for the second
and subsequent offences, plus court costs; however, the higher penalties
provided for in Wis. Stats. §§23.33(13)(am) through (13)(f), §346.655,
§350.11(1)(b) through (4), plus court costs shall apply for the violations
of the provisions referred to therein.
1.16 EFFECTIVE DATE. This ordinance shall become effective upon passage
and publication as required by law.
Adopted this 18th day of October,
2005.
Approved:
SIGNED
_______________________________________
David F. Berganini, Chairperson
Attest:
SIGNED
____________________________________
John Behrens, Secretary
Published November 5, 2005
Posted November 12, 2005
|
|
