It is the intent of this division to provide for safe public
use of the accesses held in trust by the Towns of Whitewater and Richmond,
Walworth County, Wisconsin, and to preserve the natural resources
in these areas.
Citations for violations of any of the following provisions
shall follow the procedure listed in §§ 66.0113 and
66.0114, Wis. Stats. Cash deposits for violations shall be as set
forth in the fee schedule that shall be kept on file with the Town
Clerk.
As provided in § 236.16, Wis. Stats., nothing in this
division shall require either of the towns to improve the land provided
for public access.
The general public may use the accesses for getting fishing,
boating and recreational equipment to the lake on those accesses where
terrain and soil conditions make possible safe and reasonable movement
of such equipment from the nearest public highway to the lake. No
use of the lake access that is in violation of state, federal or county
statutes shall be permitted.
Special uses of the lake accesses shall include, but not be
limited to, research groups, weed harvesting and chemical treatment
operators, sea wall construction operators, heavy equipment operators.
A.
Special use operators shall file with the town clerk of the town
in which the work is to be done an application for a special lake
access use permit. Such application shall describe the date of the
beginning and ending of the operation; the special equipment to be
used; provisions for public safety provided; evidence of liability
insurance adequate to cover all possible accidents or damage to other
persons, equipment or to terrain or vegetation on the access; provision
for restoring the access to its condition at the start of the operation;
evidence of state, county or federal permits required; an agreement
to cease operation and remove equipment within 48 hours of an order
of that town board; and the nature of and length of time any materials
will be stored on the access. That town board may require a bond to
be posted by the applicant for possible costs in restoring the site
to its condition prior to the special use. The Town may require the
applicant to sign a statement freeing the Town from liability to other
users while the special use is in progress or as a result of that
special use.
B.
The town board of the town in which the work is to be done shall,
in open meeting, review the application for special use of the access
or accesses. That Town Board shall approve or disapprove the application.
In the event of approval, the Town Board will designate which access
or accesses may be used, the time of each use and shall direct the
Clerk to issue the permit. This permit must be displayed on the access
or accesses while the work is in progress. As the work progresses,
the Town Board may inspect or cause to be inspected the operation.
If upon inspection the operation is not deemed to be in the public
interest or violates any Town ordinance or any of the terms or conditions
of the permit, it may require the operator to cease and desist in
the operation and restore the access or accesses to the condition
that existed at the start of the operation. The Board may require
the operator to surrender his permit for the operation.
A.
Parking shall be permitted on the access in designated areas only
between the hours of 6:00 a.m. to 11:00 p.m. If parking areas are
not designated, all parking shall be done in such a manner that the
public may have unimpeded access to the lake at all times. The town
boards, in their respective jurisdiction, may designate no parking
areas when such areas are in the best public interest. Stopping or
standing a vehicle on the access shall be only for short periods of
time and shall be done in a sharing manner with other access users.
B.
Any person who shall violate the provisions of this section, if a
sign stating the parking rule for that access has been posted by the
Town Board, shall forfeit an amount as set forth in the fee schedule
that shall be kept on file with the Town Clerk, together with costs
imposed by law.
A.
Storage of any material or materials, equipment, weeds or bog material
shall be for a minimal length of time. Any storage shall be allowed
only after a special use permit has been issued to the person or person
needing to store materials on the access in order to perform lake-oriented
services. Such permit shall be for the shortest possible storage period.
Materials stored on the lake accesses shall be only of those materials
necessary for lake projects, such as, but not limited to, weed harvesting,
bog removal, chemicals for authorized treatment of aquatic nuisances,
materials for erosion and eutrophication control, and navigation and
traffic control devices and research equipment.
B.
Any person who shall violate the provisions of this section shall
forfeit an amount as set forth in the fee schedule that shall be kept
on file with the Town Clerk, together with costs imposed by law.
A.
No person shall alter the natural terrain of the access by drainage,
planting or cultivating vegetation without special permit issued by
the Town Board after acquiring assurance in writing from state and
county agencies that such alteration is not in violation of state
and county statutes and ordinances. No person shall encroach upon
any access by alteration of boundaries, construction of buildings,
drainage of liquids, or deposition of solid waste materials.
B.
Any person who shall violate the provisions of this section shall
forfeit an amount as set forth in the fee schedule that shall be kept
on file with the Town Clerk, together with costs imposed by law.
