CHAPTER 20
| 20.01 | Boating and Water Sports |
| 20.02 | Bulkhead Lines |
| 20.03 | Buoyed Restricted Areas |
| 20.04 | Designated Beach and Swimming Area |
| 20.05 | Penalty |
20.01 BOATING AND WATER SPORTS.
(1) PURPOSE AND INTENT. It is the purpose and intent of this section to provide for the health, safety and welfare of the general public and to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interest and the capability of the water resource within the jurisdiction of the Village.
(2) APPLICABILITY AND ENFORCEMENT.
(a) Applicability. The provisions of this section shall apply to the waters of Lower Spring Lake and to such tributary waters as are subject to the police powers of the Village. No person shall use such waters or operate boats or devices thereon, except in compliance with the provisions, rules and regulations contained herein.
(b) Enforcement. The provisions shall be enforced by the Village Police Department. A boat inspector may be appointed by the Village Board and be qualified to give a U.S. Coast Guard form 2736 inspection.
(3) DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this section:
Designated Anchorage. An area of water established and marked as an anchorage by lawful authority.
Houseboat. Any boat or watercraft equipped with cooking and/or sleeping accommodations, the latter consisting of beds, cots, bunks or the like.
Motorboat. Any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion (§30.05(6), Wis. Stats.). (Cr. #06-03)
Navigation Lane. An area designated by authorized aids to navigation. Navigation lanes are hereby established as follows: The entire surface of Lower Spring Lake in the Town of Palmyra and the Village, excepting therefrom that area between the shoreline and a line parallel to and 100 feet distant from the shore or 100 feet distant from any projecting dock, pier or buoyed restricted area.
Personal Watercraft (PWC). A motorboat that uses an inboard motor powering a water jet pump or a caged propeller as its primary source of motor power and that is designed to be operated by a person standing on, kneeling on, or sitting astride the watercraft (§30.50(9d), Wis. Stats.). (Cr. #06-03)
Public Access. Any access to the water by means of public property.
Sailboat. Any boat propelled by sail. A rowboat, canoe or motorboat equipped with sail shall be deemed a sailboat only while propelled exclusively by sail. During such times as it may be propelled by sail in combination with other means, it shall be considered a rowboat, canoe or motorboat, depending on the other means of propulsion used.
Slow-No-Wake. The slowest possible speed so as to maintain steerage.
Swimming Zone. An authorized area marked by regulatory markers to designate a swimming area.
Shore Zone. All surface water within 200 feet of the shoreline.
Underway. When a boat is not at anchor or aground or made fast to a dock, fixed structure or the shore.
Watercraft. Any device used and designed for navigation on water (§30.01(7), Wis. Stats.). (Cr. #06-03)
Water Skis. Any apparatus used for the purpose of towing a person on the water by use of ropes or lines attached to a power driven boat.
(4) BOATING AND WATER SAFETY; STATE LAWS ADOPTED BY REFERENCE. The provisions describing and defining regulations with respect to water traffic, boat equipment, use or operation of boats, related water sports and safety in the following enumerated sections of the Wisconsin Statutes, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of such statutes, are hereby adopted and made a part of this chapter by reference. Any future amendments, revisions or modifications of statutes incorporated herein are intended to be made part of this section.
| 30.50 | Definitions |
| 30.501 | Capacity plates on boats |
| 30.52 | |
| 30.53 | |
| 30.54 | Transfer of ownership of numbered boat |
| 30.55 | |
| 30.60 | Classification of motorboats |
| 30.61 | Lighting equipment |
| 30.62 | Other equipment |
| 30.63 | |
| 30.635 | Motorboat prohibition |
| 30.64 | Patrol boats exempt from certain traffic regulations |
| 30.65 | Traffic rules |
| 30.66 | Speed restrictions |
| 30.67 | Accidents and accident reports |
| 30.675 | Distress signal flag |
| 30.68 | Prohibited operation |
| 30.69 | Waterskiing |
| 30.70 | Skin diving |
| 30.71 | Boats equipped with toilets |
(5) SPEED RESTRICTIONS.
(a) Slow-No-Wake Speed. (Am. #06-03) No person shall operate a watercraft in excess of slow-no-wake speed, except those days and between the hours of operation as provided in subsection (6) below. No person shall at any time operate a watercraft at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Maximum speed of five (5) miles per hour shall be adhered to in all slow-no-wake areas. All watercraft, except personal watercraft, shall travel at a slow-no-wake speed within 100 feet of shore or 100 feet from any projecting dock, pier, or buoyed restricted area. All personal watercraft shall travel at a slow-no-wake speed within 200 feet of shore and 100 feet from any other watercraft or PWC.
(b) Special Permit. The Village Board may, following written application made to the Clerk, issue a special permit for the operation of motorboats in excess of slow-no-wake speed. Such permit shall be valid for those hours specifically designated thereon between sunrise and sunset and shall be further limited to a period of 3 calendar days.
(6) WATERSKIING. (Am. #92-11) No person shall operate a motorboat towing a person on water skis, aquaplane or similar device, except during the following hours on the day indicated:
Monday– Thursday: 10:00 a.m. to 4:00 p.m.
Friday– Sunday: 10:00 a.m. to 8:00 p.m.
(7) PROHIBITED OPERATION.
(a) Intoxicated Passenger. No person shall permit a person who is under the influence of an intoxicant or a controlled substance as defined in §161.01(4), Wis. Stats., to be a passenger in a boat operated by him, except in transporting such person to a place of safety in an emergency.
(b) Riding on Decks and Gunwales. No person shall ride or sit on the gunwales, tops of seat backs or sides or on the decking over the bow of a motorboat while underway, unless such person is inboard of guards or railings provided on the boat to prevent passengers from being lost overboard. Nothing in this paragraph shall be construed to prohibit entry upon the decking over the bow of the boat for the purpose of anchoring, mooring or casting off or other necessary purpose.
(c) Waterskiing Without Preserver. No person shall engage in waterskiing, aquaplaning or similar activity, unless such person is wearing a Type I, II or III personal flotation device of the sort prescribed by the regulations of the Commandant of the U.S. Coast Guard.
(d) Molesting or Destroying Dam. No unauthorized person shall move, remove, molest, tamper with, destroy or attempt to destroy or moor or fasten a boat to any dam or appurtenance.
(e) Littering. No person shall throw or deposit any type of debris or waste material on or along any highway, access, public or private property or on the surface of any body of water.
(f) Houseboats Prohibited. No person shall maintain, anchor or operate a houseboat upon any body of water.
(8) PERSONAL WATERCRAFT. (Cr. #06-03)
(a) No person may operate a PWC from sunset to sunrise.
(b) No one under 12 may operate a PWC.
(c) Persons at least 12 but under 16 [years of age] must be in possession of a valid state-approved boating safety student certificate to operate a PWC (parental supervision is not a substitute for a boating safety certificate as with other motorboats). PWC operators must have a certificate.
(d) PWC are restricted to a slow-no-wake speed any time:
1. The PWC is within 100 feet of any other boat or PWC on any body of water.
2. The PWC is within 200 feet of the shoreline of any lake.
See Wisconsin Boating Regulations for additional rules and regulations regarding PWC.
20.02 BULKHEAD LINES.
(1) The bulkhead line of part of the north shore of Lower Spring Lake is established and determined as set forth on the bulkhead map, which is hereby adopted by reference, subject to the approval of the Public Service Commission.
(2) The bulkhead line of part of the west shore of Lower Spring Lake is established and determined as set forth on the bulkhead map, which is hereby adopted by reference, subject to the approval of the Department of Resource Development of the State.
(3) Three copies of the ordinance establishing a bulkhead line, together with 3 copies of the bulkhead line map, shall be filed with the Department of Natural Resources. Upon approval by the Department, the Village Clerk shall file copies of the map and ordinance as follows: one of each in the office of the Department of Natural Resources, one of each in the office of the Village Clerk and one of each in the office of the Register of Deeds for Jefferson County. No such lines are legally established until such copies of the map and ordinance have been so approved and filed.
20.03 BUOYED RESTRICTED AREAS. (Cr. #06-02)
(1) The entire northwest bay of Lower Spring Lake is designated a slow, no wake bay. No person shall operate any watercraft in excess of a slow-no-wake speed in the entire northwest bay delineated by buoys.
(2) The northwest bay is delineated by buoys stating "Entire Bay No Wake."
(a) These buoys shall and will be placed in the waters of Lower Spring Lake no earlier than April 1 and removed no later than November 1.
1. The placement of buoy (A) shall be 75 feet east of the property line separating 171-0156-2323-023 and 171-0516-2323-024.
2. The placement of buoy (B) shall be 75 feet west of grass island and in line with buoy (A).
3. The placement of buoy (C) shall be 50 feet east of grass island and in line with buoy (D).
4. The placement of buoy (D) shall be 50 feet west of property line separating 024-0516-2324-001 and 024-0516-2324-000.
(3) No person shall move, remove, deface, vandalize, or tamper with any buoy placed upon the waters of Lower Spring Lake.
20.04 DESIGNATED BEACH AND SWIMMING AREA. (Cr. #06-07)
(1) DESIGNATED BEACH. The Palmyra Village beach located at 306 Anemone Avenue shall include the entire fenced-in portion of the beach. Also included is the Village utility building, Village swimming rafts, and all other property owned by the Village of Palmyra.
(2) SWIMMING AREA. The part of the western section of the bay nearest the sand beach of Lower Spring Lake, more particularly demarcated by person(s) designated by the Village using buoys, markers, or signage, is designated as the beach swimming area.
(3) PAY-FOR-USE BEACH. The Village of Palmyra beach is a pay-for-use beach. No person shall enter the beach or swimming area without paying the established, posted fee when lifeguards are present. At all times, persons in the beach or swimming area are required to follow posted beach rules.
(4) HOURS. (Am. #07-05) The beach is open from 6:00 a.m. until 9:00 p.m. No swimming after or entering the beach area after 9:00 p.m. Certified lifeguards employed by the Village of Palmyra may not be present during beach hours. When lifeguards are not present, swimming is allowed at a swim-at-your-own-risk policy.
20.05 PENALTY.
Except as otherwise provided herein, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §25.04 of this Code of Ordinances.