Town of Barton, WI
Washington County
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Table of Contents
Table of Contents
[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. 
Additional definitions. The following definitions shall also be applicable in this article:
PERSON
Includes firm, partnership, corporation or any other association of individuals organized together for any purpose whatsoever.
WATERSKIING AND WATER-SKIER
Being towed or the one being towed, respectively, on water skis, aquaplane or some similar device, by a motorboat.
WATER TRAFFIC
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 30.65, Wis. Stats., is incorporated herein by reference.
B. 
Traffic within the traffic lane. Traffic moving within the traffic lane is to be given the right-of-way, and all motorboats shall be operated in a counterclockwise direction, that is, south-east-north-west-south.
A. 
Section 30.66, Wis. Stats., is incorporated herein by reference.
B. 
Additional speed restrictions. In addition to the speed restrictions in Subsection A above, the following restrictions shall apply to lake traffic subject to this article:
(1) 
From 9:30 a.m. to 4:30 p.m.: 20 miles per hour maximum.
(2) 
From 4:30 p.m. to 9:30 a.m.: five miles per hour maximum.
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.
(2) 
Passenger capacity and safety.
(a) 
All boats for rent or hire shall have stenciled or painted on the rear seat thereof the maximum safe carrying capacity of such boat.
(b) 
Every owner of a boat for hire or rent shall be personally responsible for the seaworthiness of his boats.
(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.
(1) 
No person shall swim in the traffic lane unless he is accompanied by a manned boat for each swimmer.
(2) 
No person shall swim in the traffic lane between one hour after sunset and one hour before sunrise unless the accompanying boat mentioned in Subsection B(1) hereof is properly lighted.
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.
C. 
Shoals. If any shoals are marked, the same shall be indicated with a marker of no smaller size than a ten-gallon drum capacity, which is securely fastened to prevent moving and painted in conformity with the color scheme in Subsection A above.
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.
(3) 
Any person in default of payment of the forfeitures stated in the foregoing Subsection A(1) and (2), and the costs of prosecution, shall be imprisoned in the county jail until said forfeiture and costs are paid, for not less than five days nor more than 30 days.
(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
§ 30.67
Accidents and accident reports
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.
C. 
Any person in default of payment of the forfeitures stated in the foregoing Subsections A and B, and the costs of prosecution, shall be imprisoned in the county jail until said forfeiture and costs are paid, for not less than five days nor more than 30 days.
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.