[HISTORY: Adopted by the Village Board of the Village of Grafton by Ord. No. A-484-86, 1986 (Title 10, Ch. 10.80, of the 1979 Code). Amendments noted where applicable.]
The ordinance codified in this chapter recognizes that the Milwaukee River from Cedar Creek Road to the southern end of Limekiln Park is subject to all of the water regulations contained in §§ 30.50 through 30.71, Wis. Stats. Many of these regulations are explained in the Department of Natural Resources' publication entitled "Wisconsin Boating Regulations," and we urge river users to learn them. This chapter adopts those state statutes generally, recites some of them in full text for emphasis due to past problems, and adds additional regulations to deal with unique problems of public health, safety and welfare posed by this river area.
This chapter shall apply to the waters of the Milwaukee River within the jurisdiction of the Village of Grafton and shall be enforced by the Grafton Police Department.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
The following sections of the Wisconsin Statutes, as amended from time to time, are adopted by reference and made a part of these regulations as if fully set forth herein:
Hours and speed limitations. No person shall operate a boat faster than 10 miles per hour.
Clearance and right-of-way.
No person shall operate a boat in excess of "slow-no wake" within 100 feet of the following: Any dock, raft, pier, swimmer, marked public swimming area or other buoyed restricted area or diving flag.
No person shall operate a boat in excess of "slow-no wake" within 500 feet of a public landing or anchorage.
"Slow-no wake" means the speed at which a boat moves as slowly as possible while still maintaining steerage control.
Motorboats shall yield the right-of-way to boats propelled by muscle power, and boats propelled by muscle power shall yield the right-of-way to sailboats. When two motorboats are approaching each other "head and head," or so nearly so as to involve risk of collision, each boat shall bear to the right and pass the other boat on either side if it can be done with safety, but the boat doing the overtaking shall yield the right-of-way to the boat being overtaken. No person shall operate a motorboat so as to approach or pass another boat in such a manner as to create a hazardous wake or wash.
No riding on decks or gunwales. No person operating a motorboat shall allow any person to ride or sit on the gunwales, top of seat backs or sides or on the decking of the bow of the boat while underway, unless the person is inboard of guards or railing provided on the boat to prevent passengers from being lost overboard.
No person shall erect or maintain a raft or stationary platform more than 25 feet from the shore. Every raft or stationary platform shall be anchored and shall have at least six inches of freeboard above the waterline on all sides, painted white, and shall have visible at all times a red reflector at least three inches in diameter attached not less than 12 inches from each side of each corner.
Swimmers shall obey the following regulations:
Persons in boat. No person shall operate a motorboat towing a person 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 he can in fact observe the person being towed and relay any signals to the operator.
Safety equipment. No person shall be towed without wearing a U.S. Coast Guard approved life preserver.
Special sporting events. No person shall direct or participate in any boat race, regatta, water-ski meet, exhibition or other water sporting event, including but not limited to setting up a slalom course, without a permit from the Chief of Police. Every permit issued by the Chief of Police shall specify the time and course to be used, and the permittee shall clearly mark and remove the course at the beginning and the end of the event. A permit shall state the date, times and course of the permitted activity and shall make adequate provision to insure and indemnify the Village of Grafton. No permitted activity shall be conducted unless it can be done safely and without danger to other watercraft, persons or property. The number of simultaneous permitted activities shall be determined by the Chief of Police based on considerations of public health, safety and welfare. The Chief of Police shall revoke the permit of any person who violates any section of this chapter.
Introduction. Commercial users pose particular problems of public health, safety and welfare due to their potential for disproportionately heavy river usage. Commercial operations shall be permitted as specified in this section. Every commercial user remains subject to all other regulations applicable generally to boaters on the river.
Use permit. Every commercial operator shall obtain an annual permit from the Chief of Police. A permit shall state the dates, times and course of the permitted operation and shall make adequate provision to insure and indemnify the Village. A commercial permit may be issued only for the nonresidential area as determined by the Grafton Police Department. No permit shall allow any commercial operation on the river after 3:00 p.m. on weekdays or at anytime on weekends or holidays. The number of simultaneous commercial operations permitted shall be determined by the Chief of Police based on considerations of public health, safety and welfare. The Chief of Police shall revoke the permit of any commercial operator who violates any section of this chapter.
The holder of a commercial use permit shall have no special right-of-way over other users within the permitted area.
Duty of Police Chief. The Chief of Police is authorized and directed to place and maintain suitable markers, navigation aids and signs in appropriate areas to advise the public of the rules and regulations of this chapter and to post a copy of this chapter at all public access points within the Village.
Standard markers. All markers placed upon the waters of the river shall comply with the regulations of the Wisconsin Department of Natural Resources.
Interfering with markers. No person shall without authority remove, damage or destroy, or moor or attach any craft to any buoy, beacon or marker placed in the river by anyone pursuant to the provisions of this section.
Health and conduct rules. Persons occupying boats docked or moored to land, docks, piers or wharves abutting waterways shall observe all of the Village health and sanitary regulations and ordinances.
Mooring. No person shall moor a boat to a private or municipal dock or beach it upon private property in the Village without the owner's permission.
Spear guns. No person shall have in his possession any loaded spear gun except when in the water at least 1,000 feet away from the marked limits of any public beach or boat landing.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
Any person who violates the statutes adopted by reference or any of the provisions in this chapter shall be punishable as provided in § 30.80, Wis. Stats., Penalties.