[HISTORY: Adopted by the Town Board of the Town of Barton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-2-1960]
The provisions of this article shall apply to the waters of
all of the lakes or portions thereof within the jurisdiction of the
Town of Trenton, Washington County, Wisconsin, and those portions
of Wallace Lake within the jurisdiction of the Town of Barton in said
county and state.
A.
The provisions of this article shall be enforced by the officers
of the Water Safety Patrols for each of the lakes lying wholly or
partially in the Town of Trenton.
B.
Section 30.79(1)(b), Wis. Stats., is incorporated herein by reference.
C.
The Chief of the Water Safety Patrol and the other members thereof
shall be appointed by the Town Board of the Town of Trenton.
D.
The Town Board of the Town of Trenton, when making the aforementioned
appointments, may make such appointments by nominations forwarded
to it by any lake association having interest.
The sections of this article having to do with or pertaining
to the use, operation or equipment of boats or the activities which
are regulated by §§ 30.60 to 30.71, Wis. Stats., and
the rules and regulations of the Wisconsin Conservation Commission
established pursuant thereto shall be construed and interpreted, if
possible, to be consistent with and not contrary to said statute sections,
rules and regulations, the contrary notwithstanding.
A.
Statutory definitions. Section 30.50, Wis. Stats., is incorporated
herein by reference.
B.
PERSON
WATERSKIING AND WATER-SKIER
WATER TRAFFIC
Additional definitions. The following definitions shall also be applicable
in this article:
Includes firm, partnership, corporation or any other association
of individuals organized together for any purpose whatsoever.
Being towed or the one being towed, respectively, on water
skis, aquaplane or some similar device, by a motorboat.
All moving objects controlled by man or his agencies on the
surface of the lakes.
A.
Traffic lane. The surface of the lake that is beyond 150 feet distant
from and parallel to the shore or 75 feet distant from the projecting
extremities of any pier, wharf 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 there for that specific purpose.
B.
Anchorages. The Chief of the Water Safety Patrol is hereby authorized
and empowered to make such rules and regulations governing the location,
type and use of anchorages as he shall deem necessary for the public
safety and convenience.
Section 30.60, Wis. Stats., is incorporated herein by reference.
A.
Section 30.61, Wis. Stats., is incorporated herein by reference.
B.
Mooring lights required. No person shall moor or anchor any boat,
raft, buoy or other floating object in the traffic lane between one
hour after sunset and one hour before sunrise unless there is prominently
displayed thereon a white light. This provision shall not apply to
boats or objects moored or anchored in mooring areas approved by the
Chief of the Water Safety Patrol when the entire area is marked by
lights or other markers approved by the Chief.
Section 30.62, Wis. Stats., is incorporated herein by reference.
Section 30.64, Wis. Stats., is incorporated herein by reference.
A.
Section 30.66, Wis. Stats., is incorporated herein by reference.
C.
Miscellaneous speed provisions. In addition to the restrictions imposed by Subsections A and B above, the following restrictions shall apply to lake traffic subject to this article:
(1)
When moving in waters that have not been designated the traffic lane,
the operating speed shall be the minimum that the power source is
capable of producing and in no event greater than five miles per hour.
(2)
When moving in waters that have heretofore been classified as the
traffic lane, and it is necessary to approach closer than the prescribed
distances set forth in this article to a moored boat, a slow-moving
boat, a flag or marker warning of subsurface activity, or a swimmer,
the operating speed shall be the minimum that the power source is
capable of producing and in no event greater than five miles per hour.
A.
Section 30.68, Wis. Stats., is incorporated herein by reference.
B.
Additional restrictions and requirements.
(1)
No motorboat shall pass within 200 feet of a moored boat, swimmer
or skin diver's marker unless existing circumstances require it. Then,
in such event, such passing must be made at a speed and in a manner
so as to not interfere with or endanger the occupants of such moored
boat.
(3)
Operation by minors. No minor under 12 years of age shall operate
and no parent of such minor under the age of 12, nor owner of such
boat, shall allow him or her to operate a motorboat, unless accompanied
by a person over 18 years of age.
(4)
Safe operation.
(a)
No person shall permit any person who is so intoxicated as to
be unable to provide for his own safety or the safety of others to
ride as a passenger in any boat operated by him.
(b)
No person shall operate, direct or handle a boat in such manner
as to unreasonably annoy, unnecessarily frighten or endanger the occupants
of his or other boats and swimmers.
A.
Section 30.69, Wis. Stats., is incorporated herein by reference.
B.
Additional restrictions.
(1)
Persons in boat. No person shall operate a boat for the purpose of
towing a person on water skis, aquaplane, or similar device or permit
himself to be towed for such purpose unless there are two capable
persons in such boat.
(2)
Hours. No person shall operate a boat for the purpose of towing a
water-skier or engage in waterskiing between the following hours:
4:30 p.m. to 9:30 a.m.
(3)
Persons waterskiing shall conform to all the provisions of this article
pertaining to motorboats.
(4)
No motorboat operator shall tow more than one water-skier, nor shall
any water-skier allow himself to be towed by any motorboat towing
more than one water-skier.
A.
Section 30.70, Wis. Stats., is incorporated herein by reference.
B.
Swimming regulations.
C.
Swimming beaches marked. All beaches used by the public shall be identified by markers placed on the outer perimeter thereof by the riparian owner; said markers are to be of a size no smaller than a thirty-gallon drum securely fastened by a chain heavy enough to keep the markers in place and painted as required by § 335-17 of this article.
D.
Boats prohibited from entering. All boats are prohibited from entering
such swimming beach except a boat used by a lifeguard or safety patrol
unit.
Section 30.71, Wis. Stats., is incorporated herein by reference.
It shall be unlawful for any aircraft, whether designed for
taking off or landing on water or not, to use any part of any of the
lakes, the activities on which this article regulates, for landing
or taking off, except in the case of emergency.
A.
Colors. All rafts and stationary platforms, buoys and markers of
any kind anchored in the water, except docks and piers, shall be painted
in conformity with the color scheme established by the rules and regulations
of the Wisconsin Conservation Commission. Any such marker which does
not comply with such color scheme is deemed an unlawful obstruction
of navigable waters and can be removed in accordance with law.
B.
Position. All rafts, platforms, buoys and markers shall be anchored
so that they shall have at least six inches of freeboard above the
waterline and so that they will not float or drift in excess of 10
feet in any direction from the position that is directly above their
anchor.
No person shall engage in any activity employing a craft capable of operating below the surface of the water unless such craft submerges and surfaces in that area of the surface of the lake that has not been designated herein as the traffic lane or submerges or surfaces in the traffic lane within a radius of 50 feet from a flag similar to that required by § 335-14A hereof, except in the case of emergency.
No person shall deposit, place or throw from any boat, raft,
pier, platform or similar structure, or from the shore, any cans,
paper, bottles, debris, refuse, garbage, or solid or liquid waste
on or into the lake.
A.
Duty of chief. The Chief of the Water Safety Patrol is authorized
and directed to place and maintain suitable markers, navigation aids
and signs in such water areas as shall be appropriate to advise the
public of the provisions of this article and to post and maintain
a copy of this article at all public access points within the jurisdiction
of the Town of Trenton and the Town of Barton.
B.
Standard markers. All markers placed by the Chief upon the waters
of the lake shall comply with the regulations of the Wisconsin Conservation
Commission.
C.
Interference with markers prohibited. No person shall without authority
remove, damage or destroy or moor or attach any watercraft to any
buoy, beacon or marker placed in the waters of the lake by the authority
of the United States, state, or Towns of Trenton and Barton pursuant
to the provisions of this article.
A.
Penalties.
(1)
Any person who shall violate any provisions of this article for which a penalty is not provided in Subsection A(2) hereof shall be fined not more than $50 or imprisoned not more than 30 days, or both, for the first offense and fined not more than $100 or imprisoned not more than 90 days, or both, upon conviction of the same offense a second or subsequent time within one year.
(2)
Any person violating § 335-12A [§ 30.68(2), Wis. Stats.] shall be fined not more than $200 or imprisoned not more than six months, or both.
(4)
Any person who shall violate any provision of this article three
times within one year shall be prohibited from using the lakes, the
activities on which this article regulates, for any activity whatsoever
for a period of 30 days in addition to the penalties of the foregoing
subsections.
B.
Deposit. Section 30.76, Wis. Stats., is incorporated herein by reference.
The following sections of the Wisconsin Statutes are incorporated
herein by reference:
|
§ 30.51
|
Certificate of number and registration; requirements; exemptions
|
|
§ 30.52
|
Certificate of number and registration; application; certification
and registration period; fees; issuance
|
|
§ 30.53
|
Certificate of origin; requirements; contents
|
|
§ 30.54(2)
|
Lost, stolen or mutilated certificates
|
|
§ 30.55
|
Notice of abandonment or destruction of boat or change of address
|
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§ 30.67
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Accidents and accident reports
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Wherever used in this article, the term "Wisconsin Statutes"
shall mean the Wisconsin Statutes of 1959, as now enacted or hereinafter
amended. Any section or part of this article in conflict with the
Wisconsin Statutes or the rules and regulations of the Wisconsin Conservation
Commission established pursuant to statutory authorization shall be
deemed suspended for so long as such conflict prevails.
The Clerk is directed to file a copy of this article with the
Wisconsin Conservation Commission in Madison, Wisconsin.
[Adopted 1-14-1969]
A.
Authority. This article is adopted by the Town Boards exercising
the powers granted to them as Village Boards by their respective Town
Meeting under the provisions of §§ 60.10(2)(c) and
60.22(3), Wis. Stats.
B.
Purpose. The purpose of this article is to promote the health, safety,
morals, prosperity and general welfare of the persons and area affected
by this article.
C.
Applicability. The provisions of this article shall apply to the
waters and ice of all of the lakes or portions thereof within the
jurisdiction of the Town of Trenton, Washington County, Wisconsin,
and those portions of Wallace Lake within the jurisdiction of the
Town of Barton in said county and state.
A.
The provisions of this article shall be enforced by the officers
of the Water Safety Patrol for each of the lakes lying wholly or partially
in the Town of Trenton.
B.
The Chief and other members of each Water Safety Patrol shall be
appointed by the Town Board of the Town of Trenton.
C.
The Town Board of the Town of Trenton, when making the aforementioned
appointments, shall make such appointments from nominations forwarded
to it by the sanitary district for each lake, but if there be none,
then by the association of lake property owners.
No person shall deposit, place or throw from any boat, vehicle,
raft, pier, platform, structure or shore any cans, paper, bottles,
debris, refuse, garbage, or solid or liquid waste on or into the water
or ice of the lake.
No person shall drive or park any vehicle upon the ice of any
lake except as hereinafter provided:
A.
Emergency vehicle. Vehicles required to perform emergency services
or construction work may be driven or parked on the ice for the sole
purpose of performing such services or construction, provided the
prior written approval of the Town Board, having jurisdiction of the
area adjacent to the place where such vehicle is to be used, shall
have been obtained.
B.
Ice fishing. Vehicles used for ice fishing shelters when driven to
the location from the shore and returned by the shortest route, and
vehicles required to tow the ice fishing shelter or shack onto the
ice at the beginning and end of the season.
C.
Skating area. Vehicles used to clear snow from the ice for a skating
area.
D.
Regulations. Motor-powered vehicles shall be designed specifically
to be driven over ice and snow, subject to the applicable rules and
regulations contained in this article.
Any person operating, using or parking any motor-driven vehicle
designed to travel over snow or ice shall be permitted to use the
ice surface of the lake only, subject to the following regulations
and provisions:
A.
Lighting equipment. No such vehicle shall be operated on the iced
surface of the lake between the hours of sunset and sunrise unless
such vehicle is equipped with at least one operating headlight and
at least one operating taillight.
B.
Other equipment. No person shall operate any such vehicle on the
iced surface of the lake unless such vehicle is equipped with a fully
operating muffler so as to prevent excessive or unusual noise at all
times the motor is in operation.
C.
Traffic rules. No person operating such vehicle on the iced surface
of the lake shall operate such vehicle within 25 feet of any person
ice fishing except at a speed of less than five miles per hour.
D.
Speed regulations. No person shall operate any such vehicle on the
iced surface of the lake at a speed greater than 25 miles per hour.
The operator shall at all times operate such vehicle at a speed so
controlled as to avoid colliding with any object or person lawfully
on the ice of the lake.
E.
Hours of operation. No person shall operate any such vehicle upon
the ice of the lake between the hours of 10:00 p.m. and 8:00 a.m.,
and during the hours between sunset and 10:00 p.m., such vehicles
shall be operated at a maximum speed of 15 miles per hour and in a
manner as to reduce noise to the extent practical.
A.
No person shall operate any such vehicle on the iced surface of the
lake while under the influence of drugs or intoxicating beverages
or in a careless, negligent or reckless manner so as to endanger the
life, person or property of another.
B.
No person in charge or control of such a vehicle is authorized to
permit the vehicle to be operated by any person who, by reason of
physical or mental disability or the use of drugs or intoxicating
beverages, is incapable of safely operating such vehicle.
C.
No person shall operate such vehicle in a circular course around
any other vehicle or person unless such circular course has a radius
of at least 200 feet from such vehicle or person.
D.
No person shall use such vehicles on the iced surface of the lake
for any races, contests of speed against time, obstacle courses, jumping
courses or other similar activities.
E.
No person shall operate, direct or handle such a vehicle in a manner
so as to unreasonably annoy, unnecessarily frighten or endanger the
occupants of his vehicle or other vehicle or person lawfully on the
lake.
A.
Any person who shall violate any provisions of this article for which a penalty is not provided in Subsection B hereof shall be fined not more than $50 or imprisoned not more than 30 days, or both, for the first offense and fined not more than $100 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 violating any of the provisions of § 335-30A shall be fined not more than $200 or imprisoned not more than six months, or both.
D.
Any person who shall violate any provision of this article three
times within one year shall be prohibited from using the lakes, the
activities of which this article regulates, for any activity whatsoever
for a period of 30 days in addition to the penalties of the foregoing
subsections.
The Clerk of the Town of Trenton is directed to file a copy
of this article with the Wisconsin Conservation Commission in Madison,
Wisconsin.
