[HISTORY: Adopted by the Common Council of the City of Muskego at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
Parks and recreation facilities — See Ch. 259.
The intent of this chapter is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interests and the capability of the water resource.
The provisions of this chapter are adopted in the interest of public health and safety and shall apply to persons, vehicles, boats and other objects upon, in and under the waters and ice of all lakes within the jurisdictions of the City of Muskego.
The statutory provisions describing and defining regulations with respect to boats and boating, and particularly §§ 30.50 to 30.71, Wis. Stats., and any amendments thereto, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation thereof, are hereby adopted. Any act required to be performed or prohibited by any such statutes which are incorporated herein by reference is required or prohibited by this section.
As used in this chapter, the following terms shall have the meanings indicated:
- AIDS TO NAVIGATION
- Refers to buoys, beacons and other fixed objects in the water which are used to mark obstruction to navigation or to direct navigation through safe channels.
- All motor vehicles of the type and kind permitted to be operated on the highways in the State of Wisconsin.
- The City of Muskego, Waukesha County, in the State of Wisconsin.
- The Public Works and Development Department of the City of Muskego, Wisconsin.
- The Director of the Public Works and Development Department of the City of Muskego, Wisconsin, to whom all employees of the Public Works and Development Department, including all divisions, are responsible.
- A boat on which a toilet or food preparation facilities exist or on which a person or persons are living, sleeping or camping.
- Any large body of water within the jurisdiction of Muskego, including Little Muskego Lake, Big Muskego Lake, and Lake Denoon.
- MOTOR-DRIVEN VEHICLE
- Any kind of device or thing designed or utilized for propulsion or movement upon the ice using a motor, whether of internal combustion design or not.
- PUBLIC ACCESS
- Any access to the water by means of public property.
- The slowest possible speed so as to maintain steerage.
- SWIMMING ZONE
- An authorized area marked by regulatory markers to designate an area approved for swimming.
- WATERWAY MARKER
- Any device designed to be placed in, on or near any navigable water within the City to convey an official message to a boat operator on matters which may affect health, safety or well-being.
Director-approved launch fees are established for anyone using a City public boat launch. Launch use is defined as a trailer's wheels entering the launch ramp area and water for the purpose of launching a watercraft.
Whenever a boat is used for towing purposes, for water sports or otherwise, there shall be no fewer than two persons in the towing boat, one to operate the boat and one to be in charge of the tow line.
When pulling a skier or another boat, the tow rope shall not exceed 75 feet in length.
Any person operating a boat or watercraft on Lake Denoon or Big Muskego Lake's Bass Bay which is towing a person or persons engaged in waterskiing, aquaplaning, or similar sport or activity must operate in a counterclockwise direction on the lake. A counterclockwise direction is determined by viewing the direction of travel of the boat or watercraft as viewed from a bird's-eye view of the entire lake.
No boat shall be moored to any public lake access dock or shoreline without permit issued by the Director or designee. Mooring is defined as tying a boat to said dock or shoreline with the engine or motor off.
Capacity restrictions. No person shall operate a boat on any lake with more passengers or cargo than safely allowed.
Intoxicated persons not to ride in boats. No person shall permit any person who is so intoxicated or under the influence of a controlled substance as to be unable to provide for his or her own safety to be a passenger in a boat while the boat is in operation, except in case of an emergency.
Safe operation required. No person shall operate, direct or handle a boat in such a manner as to unreasonably annoy, unnecessarily frighten or endanger the occupants of the boat or other boats.
Right-of-way at docks, piers and wharves. Boats leaving or departing from a pier, dock or wharf shall have the right-of-way over all other watercraft approaching such dock, pier or wharf.
When the operator of a boat observes the display on a boat or by a person of an orange flag approximately 18 inches by 30 inches, he shall render to the boat or person displaying the flag such assistance as may be necessary to save the boat or person, or to minimize the damages to them, insofar as is possible to do so without serious danger to his own boat or the persons on board. No persons shall display such a flag unless they are in need of assistance to prevent bodily injury or destruction of property.
Maximum noise levels for operation.
No person may operate a motorboat powered by an engine manufactured before January 1, 1978, in such a manner as to exceed a noise level of 86 decibels measured on an "A" weighted decibel scale measured at a distance of 50 feet from the motorboat.
No person may operate a motorboat powered by an engine manufactured on or after January 1, 1978, and before January 1, 1982, in such a manner as to exceed a noise level of 84 decibels measured on an "A" weighted decibel scale measured at a distance of 50 feet from the motorboat.
No person may operate a motorboat powered by an engine manufactured on or after January 1, 1982, in such a manner as to exceed a noise level of 82 decibels measured on an "A" weighted decibel scale measured at a distance of 50 feet from the motorboat.
Tampering. No person may move or alter any part of a marine engine, its propulsion unit or its enclosure or modify the mounting of a marine engine on a boat in such a manner as to exceed the noise levels prescribed under Subsection A above.
Exemption for regattas. This section does not apply to a motorboat while competing in a race conducted under a permit issued by the City, nor does it apply to a boat designed and intended solely for racing, while the boat is operated incidentally to the tuning up of the boat and engine for the race.
Excessive motor noise. Motorboats shall not be continuously operated without the motor cover firmly secured.
Mufflers. The engine of every motorboat propelled by an internal combustion engine shall be equipped with a muffler which is so constructed and kept in constant operation that it prevents excessive or usual noise at all times while the engine is in operation.
Swimming and wading is allowed on public beaches under the jurisdiction of the Department. Any allowed swimming activity shall be subject to any specific rules and regulations as may be issued and enforced through permit.
Distance from shore. No person shall swim more than 150 feet from the shore unless in a designated swimming zone or when accompanied by a competent person in a boat.
When swimming without the use of self-contained underwater breathing apparatus, a suitable boat (motor or otherwise) shall accompany any person or persons swimming more than 150 feet from the shoreline or 75 feet from any anchored swimming raft on any waters within the City of Muskego. No person shall swim from any unmanned boat unless such boat is anchored.
Hours. No person shall swim on any lake between sunset and sunrise.
Diving. No person may engage in underwater diving or swimming with the use of swimming fins or skin diving in waters other than marked swimming areas or within 150 feet of shoreline, and no person may engage in underwater diving or swimming with the use of self-contained underwater breathing apparatus in waters other than marked swimming areas unless the location of such diving or swimming is distinctly marked by a diver's flag, not less than 12 inches high and 15 inches long, displaying one diagonal white stripe three inches wide on a red background, and of a height above the water so long as to be clearly apparent at a distance of 100 yards under normal conditions, and so designed and displayed as to be visible from any point on the horizon. Except in case of emergency, anyone engaging in such diving or swimming shall not rise to the surface outside of a radius of 50 feet from such flag. No person shall engage in such diving or swimming in established traffic lanes, nor shall any such person, alone or with another, intentionally or unintentionally, block or obstruct any boat in any manner from proceeding to its destination where a reasonable alternative is unavailable. A reasonable alternative route is available when the otherwise unobstructed boat can proceed to its destination without reducing its lawful speed by passing to the right or to the left of a marked diving operation.
Boats in public swimming zones. No boat or raft of any kind or description shall be used in any designated swimming zones except by permit issued by the Director or designee, or as part of a Department-sponsored activity.
No person shall use any houseboat as a place of residence on any lake.
Water ski jumps.
Permit required. No person shall place or maintain or allow to be placed or maintained any water ski jump on any lake in the City without a permit from the Common Council. Such permit shall be for a period of not more than six months and shall state the limitations of use.
Application. An application for a permit hereunder shall set forth the following:
Name and address of the owner of the structure.
A scale map of the location of the structure, drawn to a scale of not less than one inch to 200 feet.
Proposed method of securing the structure.
A description of the life preservers and warning devices to be used which shall conform to the rules of the Wisconsin Department of Natural Resources and the United States Coast Guard.
Length of time for which the permit is requested.
A copy of a policy of public liability insurance applicable to the structure and its use in amount of not less than $1,000,000. Endorsements to the policy shall be provided as requested by the City Attorney.
A proposed plan for safeguarding the area during jumps from 150 feet before the takeoff to 100 feet after the landing.
The daylight hours during which the jump will be used.
No person shall tow another person on water skis for the purpose of using a water ski jump which is in violation of this section.
In granting such a permit, the City expressly reserves the right to revoke any such permit for any reason if it is felt by the City that said permit is no longer in the best interest of the public.
A permit fee as established the Common Council shall be paid at the time of application.
Waterway markers used on waters with the City. No waterway markers shall be placed in, on or near any navigable waters within the City, except such buoys or other markers as have been established by the Department of Natural Resources and the United States Coast Guard as uniform navigational aids. The rules and regulations of the Department of Natural Resources and the United States Coast Guard with respect to specifications, color schemes, lettering, and marking requirements of waterway markers and aids to navigation shall be kept on file in the office of the City Clerk. (Wisconsin Administrative Code, Chapter NR 5, Boat Rules and Registration.)
Display of waterway markers. No waterway marker shall be displayed except in conformity with the requirements of the Department of Natural Resources. (Wisconsin Administrative Code as per Subsection A.) The areas on any lake within the City to be marked with regulatory markers requiring slow-no-wake speed shall be as from time to time established by resolution of the Common Council.
Authority to place markers; permit required.
No person shall place any waterway marker or aid to navigation in any navigable waters within the City without a permit to do so issued by the Common Council. Application for a permit shall be made in duplicate on forms provided by the City and filed with the City Clerk. The application shall be set forth in detail:
The application shall be accompanied by a permit fee as determined from time to time by the Common Council. The permit when authorized shall be issued by the City Clerk, and it shall not be transferable or assignable. The permit shall remain in effect unless surrendered by the applicant or canceled or revoked by the Common Council.
Maintenance of waterway markers. Waterway markers shall be maintained in proper condition or be replaced or removed.
Exemptions. The temporary placement of mooring buoys, racecourse markers, and water-ski course markers for special events may be reviewed and authorized by the Common Council on an annual basis.
Refuse. No person shall deposit, place or throw from any boat, raft, pier, platform, or similar structure, or from the shore, any cans, papers, bottles, debris, refuse, garbage, or solid or liquid waste on or into any lake.
Possession of glass prohibited. No person shall possess or have under his or her control any bottle, jar, container, cup, other receptacle or any other object made of glass, ceramic earthenware or similar breakable material while on any lake within the City, whether any lake is frozen or unfrozen. This prohibition does not extend to eyeglasses, lenses or glass which is an integral part of sporting equipment used on any lake.
Races on ice.
License required. No person shall sponsor, promote, or participate or engage in any automobile or motorcycle race or other contest on the ice of any lake or other public waters located in the City, unless said race or contest has first been specially licensed by the Common Council and the fee therefor as hereinafter provided has been paid to the City.
Application. Application for such a license shall be made to the Common Council as least 20 days prior to the date on which said race or other contest is to be held. The application for such license shall state:
The name of the person or organization promoting said race or contest.
The type of race or contest and the number of vehicles to be involved.
The names and addresses of the persons who will participate therein.
The time and place of said race or contest.
The number of persons who it is anticipated will attend said race or contest.
The time at which said race or contest will conclude.
License fee. Each application for such license shall be accompanied by cash or a certified check in the amount of $500, or an amount as set by the Common Council, and if a license is granted, the minimum sum of $25 shall be retained as and for the license fee and such additional sums shall be retained as is necessary for the purposes stated in Subsection A(4).
Purpose. The purpose of this section is to promote and protect the safety, health and welfare of the citizens of the City and persons attending such contest, and the amount of the license fee heretofore provided is to be a reasonable sum for making an investigation as to the circumstances of the application, to provide for necessary additional police protection and to clean up the area after the event.
Operation of motor vehicles on ice.
Operation prohibited on Bass Bay. No person shall use or operate any automobile or other motor-driven vehicle in excess of 750 pounds gross vehicle weight upon the ice surface of that part of Big Muskego Lake known as Bass Bay, which is the bay located at the northwest end of said Big Muskego Lake.
Operations regulated. No person shall use or operate any automobile or other motor-driven vehicle upon the ice surface of any lake or part thereof located in the City:
In any manner so as to endanger persons engaged in skating or in any other winter sport or recreational activity being engaged in upon the ice.
At a speed in excess of 10 miles per hour.
When more than four persons occupy said vehicle.
To tow, pull or push any person or persons on sleds, skis, skates, toboggan or device or thing of any kind.
Between the hours of 9:30 p.m. and 5:30 a.m.
Unless the operator of the motor vehicle has a valid operator's license, if the motor vehicle is an automobile, truck, motorcycle or moped.
Propeller-driven vehicles prohibited. No person shall operate any propeller-driven vehicle, device or thing, whether or not designed for the transporting of a person or persons, upon the ice surface of any lake or part thereof located in the City.
No City liability. All traffic on the icebound waters lying within the City shall be at the risk of the traveler as set forth in § 30.81(3) Wis. Stats., and nothing in this section shall be construed as rendering the enacting authority liable for any accident to those engaged in permitted traffic while this section is in effect.
Exceptions. Use of snowmobiles and all-terrain vehicles as defined by statutes of the State of Wisconsin shall not be governed by this section.
The Common Council may from time to time adopt local regulations not contrary to or inconsistent with state statute relative to the equipment, use or operation of boats, pursuant to § 30.77(3) and (4), Wis. Stats. Any regulations so adopted shall be promptly posted at all public access points within the jurisdiction of the City of Muskego and a copy thereof shall also be filed with the Department of Natural Resources.
Wisconsin state boating penalties as found in § 30.80, Wis. Stats., and deposits as established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conference are hereby adopted by reference. All references to fines shall be amended to forfeitures and all references to imprisonment shall be deleted. The penalty for violation of local regulations not contrary to or inconsistent with state statute shall be provided in § 1-4 of this Code, unless a specific penalty for a specific ordinance or regulation contained in this chapter pursuant thereto is adopted.