[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:
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30.50, Wis. Stats., Definitions
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30.501, Wis. Stats., Capacity plates on boats
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30.51, Wis. Stats., Certificate of number and registration;
requirements; exemptions
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30.52, Wis. Stats., Certificate of number and registration;
application; certification and registration period; fees; issuance
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30.53, Wis. Stats., Certificate of origin; requirements; contents
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30.54, Wis. Stats., Lost, stolen or mutilated certificates
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30.541, Wis. Stats., Transfers of boat titles
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30.549, Wis. Stats., Transfer of ownership of boats with a certificate
of title, certificate of number, or registration
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30.55, Wis. Stats., Notice of abandonment or destruction of
boat or change of address
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30.60, Wis. Stats., Classification of motorboats
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30.61, Wis. Stats., Lighting equipment
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30.62, Wis. Stats., Other equipment
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30.635, Wis. Stats., Motorboat prohibition
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30.64, Wis. Stats., Patrol boats
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30.65, Wis. Stats., Traffic rules
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30.66, Wis. Stats., Speed restrictions
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30.67, Wis. Stats., Accidents and accident reports
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30.68, Wis. Stats., Prohibited operation
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30.69, Wis. Stats., Water skiing
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30.70, Wis. Stats., Skin diving
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30.71, Wis. Stats., Disposal of waste from boats equipped with
toilets
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A.
Hours and speed limitations. No person shall operate a boat faster
than 10 miles per hour.
B.
Clearance and right-of-way.
1.
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.
2.
No person shall operate a boat in excess of "slow-no wake" within
500 feet of a public landing or anchorage.
3.
"Slow-no wake" means the speed at which a boat moves as slowly
as possible while still maintaining steerage control.
4.
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.
C.
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:
A.
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.
B.
Safety equipment. No person shall be towed without wearing a U.S.
Coast Guard approved life preserver.
C.
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.
A.
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.
B.
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.
C.
The holder of a commercial use permit shall have no special right-of-way
over other users within the permitted area.
A.
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.
B.
Standard markers. All markers placed upon the waters of the river
shall comply with the regulations of the Wisconsin Department of Natural
Resources.
C.
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.
A.
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.
B.
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.
C.
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.
