Chapter 16.05 PUBLIC WATERS

The purpose of this chapter is to regulate water traffic, boating and water sports upon the waters of all the lakes over which the Town of East Troy exercises jurisdiction, hereinafter referred to as the “lake,” “lakes,” “water” or “waters.” (2008 code § 12.01(1))

16.05.020 Applicability.

The provisions of this chapter shall apply to all the waters of all the lakes or navigable waters, or portions thereof within the jurisdiction of the Town of East Troy, Walworth County, Wisconsin. (2008 code § 12.01(2))

16.05.030 Enforcement.

1. The provisions of this chapter shall be enforced by duly constituted law enforcement officers of the Town of East Troy.

2. Wis. Stat. § 30.79 is incorporated herein by reference. (2008 code § 12.01(3))

16.05.040 Interpretation.

The Town of East Troy adopts Wis. Stat. Ch. 30, and all subsequent amendments thereto, and Chapter NR 5, Wisconsin Administrative Code, as amended, as part of this code defining and describing regulations with respect to boating regulations upon the waters of the Town of East Troy and for which the penalty for violation thereof is a forfeiture only, including penalties to be imposed. (Ord. 2019-6 § 1; Ord. 2011-11 § 1. 2008 code § 12.01(4))

16.05.050 Definitions.

1. Wis. Stat. § 30.50 is incorporated herein by reference.

2. Additional Definitions.

“Parasailing” means any operation where a person is towed by a motorboat with the intent to become airborne with the use of a parachute or other similar device.

“Person” shall include a natural person, firm, partnership, corporation or any other association of individuals organized together for any purpose whatsoever.

“Water skiing” and “water skier” means being towed or the one being towed, respectively, on water skis, aquaplane, flotation device or any other such device, be it a motorboat, personal watercraft, or any other motorized device.

“Water traffic” means all boats, vessels, personal watercraft, seaplanes or fishing rafts in or on the water or in the air within 10 feet of the surface of the water. (2008 code § 12.01(5))

16.05.060 Traffic lane and anchorages.

1. Lake Beulah. The traffic lane on Lake Beulah shall be the surface of the lake that is more than 200 feet from the shore or 100 feet from the projecting extremities of any pier, wharf or other structure built in or over the water, or the greater thereof; provided, however, that on any part of said lake where the distance between the opposite shores is such that the foregoing formula is impossible or impracticable in application, then the traffic lane shall be as indicated by buoys placed for that specific purpose. The traffic lane shall also be restricted where underwater obstructions are marked.

2. Potter’s Lake and Army Lake. The traffic lane on Potter’s Lake and Army Lake shall be the surface of the lake that is more than 200 feet from shore or 100 feet from the projecting extremities of any pier, wharf or other structure built in or over the water, or the greater thereof. (2008 code § 12.01(6))

16.05.070 Classification of motorboats.

Wis. Stat. § 30.60 is incorporated herein by reference. (2008 code § 12.01(7))

16.05.080 Lighting equipment.

1. Wis. Stat. § 30.61 is incorporated herein by reference.

2. Mooring Lights Required. No person shall moor or anchor any boat, raft, buoy or other floating object in the traffic lane at any time from sunset to sunrise unless there is prominently displayed thereon a white light. (2008 code § 12.01(8))

16.05.090 Other equipment.

Wis. Stat. § 30.62 is incorporated herein by reference. (2008 code § 12.01(9))

16.05.100 Patrol boat exemption.

Wis. Stat. § 30.64 is incorporated herein by reference. (Ord. 2011-11 § 2. 2008 code § 12.01(10))

16.05.110 Traffic rules.

Wis. Stat. § 30.65 is incorporated herein by reference. (2008 code § 12.01(11))

16.05.120 Speed restrictions.

1. Speed to Be Reasonable and Prudent. No person shall operate a motorboat at a speed greater than is reasonable and prudent under the conditions, and having regard for the actual and potential hazards then existing. The speed of a motorboat shall be so controlled as to avoid colliding with any object lawfully in or on the water, or with any person, boat or other conveyance in or on the water in compliance with the legal requirements and exercising due care.

2. Additional Speed Restrictions. In addition to the restrictions as stated in subsection (1) of this section, the maximum speed limit from sunset to sunrise shall be slow-no-wake, except that on weekends and holidays between May 1st and September 15th, the slow-no-wake speed limit shall also apply from 6:00 p.m. to 10:00 a.m.

3. Miscellaneous Speed Restrictions. In addition to the restrictions imposed by subsections (1) and (2) of this section, the following restrictions shall apply to lake traffic subject to this chapter:

a. When moving in waters that have not been designated as the traffic lane, the operating speed shall not exceed slow-no-wake speed, and in no event shall such speed exceed five miles per hour. Slow-no-wake speed shall be the minimum speed necessary so as to maintain steerage.

b. When moving in waters that have heretofore been classified as the traffic lane, and it becomes necessary to approach closer than the prescribed distances set forth in this chapter to a moored boat, a slow moving boat, a flag or marker warning of subsurface activity, or a swimmer, the operating speed shall not exceed slow-no-wake speed. (2008 code § 12.01(12))

16.05.130 Prohibited operation.

1. Wis. Stat. §§ 30.68 and 30.71 are incorporated herein by reference.

2. Additional Restrictions and Requirements.

a. No motorboat shall pass at greater than slow-no-wake speed within 200 feet of a moored boat, swimmer or skin diver’s marker unless a reasonable and prudent person would conclude that extraordinary circumstances require such close passage. Then, in such event, such passing must be made slowly and cautiously so as to not risk interference, endangerment or distress of the occupants of such moored boat, such swimmer or skin diver.

b. Passenger Capacity and Safety.

i. All boats for rent or hire shall have stenciled or painted on the rear seat thereof the maximum safe carrying capacity of such boat.

ii. Every owner of boat for hire shall be personally responsible for the seaworthiness of his boats.

3. State statutes regulating intoxicated boating are adopted and incorporated herein as follows:

Wis. Stat. § 30.681, Intoxicated boating;

Wis. Stat. § 30.682, Preliminary breath screening test;

Wis. Stat. § 30.683, Implied consent;

Wis. Stat. § 30.684, Chemical tests;

Wis. Stat. § 30.686, Report arrest to department;

Wis. Stat. § 30.687, Officer’s action after arrest for violating intoxicated boating law. (Ord. 2023-7 § 1. 2008 code § 12.01(13))

16.05.140 Additional restrictions.

Wis. Stat. § 30.69 is incorporated herein by reference.

1. Any boat towing a person on water skis, aquaplane, personal watercraft or similar device shall be manned by at least two capable persons: one observer in addition to the operator of the boat.

2. No motorboat operator shall tow more than one water skier, aquaplane or similar device nor more than one person on any individual device, nor shall any person allow himself/herself to be towed by any motorboat already towing one water skier, aquaplane or similar device, or be towed on any such device already being occupied by another person, except that the towing of not more than two water skiers shall be allowed Mondays through Fridays, excluding legal holidays.

3. In water skiing, both boat and skier shall at all times be propelled more than 200 feet from the shoreline.

4. No person shall, without special permit from the Town of East Troy, engage in slalom skiing upon any laid-out slalom course on the lakes in the Town of East Troy, or engage in any ski jumping from any structure or device situated in the lakes of the Town of East Troy. Any request for a special permit under this subsection must be accompanied by a copy of any and all required Department of Natural Resources (DNR) applications. The Town Board shall consider all of the requirements and/or limitations of the DNR when reviewing a request under this subsection. All requested permits in this subsection would also require a waterway marker permit from the DNR. An applicant shall provide the Town Board with the names and addresses of all riparian owners whose consent is required for the approval of the DNR’s waterway marker permit at least 10 days prior to the date of the Town Board meeting at which time the request for a Town permit will be heard. The Town Clerk shall thereafter mail notice to the affected riparian owners informing them that this permit matter is on the Town Board agenda.

5. No person shall operate a boat for the purpose of towing a water skier, aquaplane or similar device, or engage in water skiing or aquaplaning between the following hours on the following days:

Monday through Friday – Sunset to 10:00 a.m.

Saturdays, Sundays and legal holidays – 6:00 p.m. to 10:00 a.m.

6. Persons water skiing shall conform to all of the provisions of this chapter pertaining to the operation of motorboats.

7. No person shall water ski or aquaplane in a marked weed bed area.

8. Operators of boats towing water skiers in Mill Lake shall operate their boats in a counterclockwise direction.

9. Persons water skiing in Potter’s Lake shall operate their boats in a counterclockwise direction on Saturdays, Sundays and legal holidays between May 1st and September 15th of each year.

10. Skiing Hours and Speed Limit Regulations for Potter’s Lake. Notwithstanding the foregoing skiing and slow-no-wake limitations, water skiing on Potter’s Lake shall be permitted from 8:00 a.m. until sunset Monday through Friday, except legal holidays. Water skiing shall be permitted from 10:00 a.m. to 6:00 p.m. on Saturdays, Sundays and legal holidays. Additionally, a slow-no-wake speed

limit shall apply for all boats operating before and after skiing hours on Saturdays, Sundays and legal holidays. The slow-no-wake limitation shall be imposed during non-water-skiing hours, that being between sunset and until 8:00 a.m.

When the elevation of Potter’s Lake is in excess of 8.8 feet as measured at the dam meter, no person shall operate a watercraft in excess of slow-no-wake in any area of the lake. When the lake level reaches 8.8 feet at the dam meter, slow-no-wake signs shall be posted by the Potter’s Lake Protection and Rehabilitation District at all public accesses. The slow-no-wake restriction shall continue until such time as the slow-no-wake signs are removed by the District. When possible, the slow-no-wake restrictions should be posted on the municipal website.

11. All water skiers must wear a coast guard approved life jacket (PFD). (Ord. 2009-4 § 1; Ord. 2008-6 § 1; Ord. 2008-4 § 1. 2008 code § 12.01(14))

16.05.150 Skin diving, swimming and swimming beaches.

1. Wis. Stat. § 30.70 is incorporated herein by reference.

2. Swimming Regulations.

a. No person shall swim in a traffic lane unless accompanied by a boat manned by a qualified operator and equipped with one United States Coast Guard approved flotation device for each swimmer in the water.

b. No person shall swim in the traffic lane from sunset to sunrise.

c. No person shall skin dive or water ski in any marked fish spawning area.

d. Swimming will not be permitted within a radius of 50 feet of any public boat launching area, except in marked off swimming areas.

3. Swimming Beaches Marked. All beaches used by the public where a fee is charged shall be identified by markers placed on the outer perimeter thereof by the riparian owner; said markers are to be of a size normally visible for a distance of 300 feet and securely fastened so as to keep the markers in place, and painted as required by ETMC 16.05.190.

4. Boats Prohibited From Entering. All boats are prohibited from entering into such swimming beach area, except a boat used by a lifeguard or safety patrol unit. (2008 code § 12.01(15))

16.05.160 Boats equipped with toilets.

Wis. Stat. § 30.71 is incorporated herein by reference. (2008 code § 12.01(16))

16.05.170 Commercial passenger boats.

1. The term “commercial passenger boat” as used in this chapter means any boat for hire used for the purpose of carrying fare paying passengers.

2. Every owner of a commercial passenger boat shall be responsible for its seaworthiness and its operation in a manner calculated to insure the safety of persons and property.

3. No intoxicated person shall be accepted or permitted to remain as a passenger upon any commercial passenger boat.

4. All commercial passenger boats shall be berthed and made fast at their respective regular mooring place until at least one hour after sunrise.

5. No person shall operate a commercial passenger boat unless the same shall be equipped with fire extinguisher equipment as required by the United States Coast Guard Regulations, which equipment shall at times be kept and maintained in efficient operating order. (2008 code § 12.01(17))

16.05.180 Aircraft and parasailing.

1. Aircraft shall not land or take off on any part of the lakes regulated by this chapter, except in the case of emergency or unless a special permit has been obtained from the Town Board.

2. Sky divers and/or parachutists shall not land in the waters regulated by this chapter, except in the case of emergency or unless a special permit has been obtained from the Town Board.

3. Parasailing on the waters of any lake in the Town of East Troy shall be allowed Mondays through Fridays, excluding legal holidays. (2008 code § 12.01(18))

16.05.190 Rafts, buoys, markers, moorings and piers.

1. Position. All rafts, platforms and markers shall be anchored in reasonable and prudent places and so that they will have at least six inches of free board above the water line, buoys to have at least 18 inches above the water line, and so that they will not float or drift in excess of 10 feet in any direction from the position that is directly above their anchor.

2. No owner or owners of any lot or lots, including registered or permitted marinas, except “Camp” B’Nai Brith Beber Camp, Salvation Army Camp, Camp Edwards, Divine Word Seminary, Camp Charles Allis Association, and Alice Chester Center in the Town of East Troy, shall permit or allow mooring or docking of more than 10 boats on its lake frontage, regardless of the terms “mooring” and “docking” shall be defined as the occupancy of space adjacent to any pier or dock for a period of time in excess of 12 hours unless a permit for moorings in excess of 10 has been granted pursuant to the provisions of Wis. Stat. § 30.12. The exemptions provided above will be lost in event that zoning, use or ownership of exempted properties changes.

3. No person shall enter upon, remain upon or cause any object to be placed upon the raft, platform, mooring, or pier of another after having been notified by the owner or occupants not to do so. Notice may be given either orally, in writing or by posting. Posting shall consist of any conspicuously placed, legible sign that includes a statement of what is prohibited and the name of the owner or occupant posting the notice followed by the word “owner” or “occupant,” whichever applies. An “owner” is the holder of legal title, and an “occupant” is not the holder of legal title but is a lawful occupant of the raft, platform, mooring or pier. Furthermore, no person shall intentionally enter upon the raft, platform, mooring or pier of another in a violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly manner under circumstances in which the conduct tends to cause or provoke a breach of peace without the consent of the owner or occupant. (2008 code § 12.01(19))

16.05.200 All terrain vehicles and aquatic snowmobiles.

“All terrain vehicles” are those motorized vehicles which are not built for, nor intended to be operated on, highways or roads which do operate on water, marsh or land.

“Aquatic snowmobiles” are those snowmobiles which are equipped with pontoons or other flotation devices, and which operate on unfrozen water, swamp or marshlands. (2008 code § 12.01(20))

16.05.210 Operation of motor vehicles on ice prohibited.

No person shall operate a motor vehicle upon an icebound lake situated wholly within the Town of East Troy. The definition of motor vehicle contained in Wis. Stat. § 340.01 is incorporated herein by reference. This prohibition shall not affect snowmobiles, all terrain vehicles, or any other recreational vehicle under 1,000 pounds in weight. (2008 code § 12.01(21))

16.05.220 Underwater craft.

No person shall engage in any activity employing a craft capable of operating below the surface of the water unless such craft submerges, surfaces and travels beneath the surface of water which is outside of the traffic lane, or in the traffic lane within a radius of 50 feet from a flag identical to the flag described in ETMC 16.05.120 and the statutes cited therein, except in the case of emergency. (2008 code § 12.01(22))

16.05.230 Littering waters prohibited.

No person shall deposit, place or throw any cans, paper, bottles, debris, refuse, garbage, or solid or liquid waste onto or into the water.

1. The prohibitions in this section shall also apply to any icebound lake or waterway.

2. Icehouses, shanties, windbreaks and other temporary structures placed on any lake for ice fishing purposes shall be allowed, although any owner or user of such structure shall be presumed responsible for their own litter and all litter of any kind within 25 feet of such structure.

3. Any violation of this section shall be subject to a forfeiture of not less than $50.00. No more than $200.00 per violation. (2008 code § 12.01(23))

16.05.240 Markers and navigation aids – Posting ordinance.

1. Duly appointed law enforcement officers are authorized and directed to place and maintain suitable markers, navigation aids, and signs in such water areas as shall be appropriate to advise the public of the provisions of this chapter and to post and maintain a copy of this chapter at all public access points within the jurisdiction of the Town of East Troy.

2. Standard Markers. All markers placed upon the waters of the lake shall comply with the regulations of the Wisconsin Department of Natural Resources.

3. Interference with Markers Prohibited. No person shall remove, damage or destroy any buoy, beacon or marker placed in the waters of the lake by any governmental authority or agency. In addition, no person shall moor or attach any watercraft to such buoy, beacon or marker.

4. Any violations of this section shall be subject to a forfeiture of not less than $500.00. (2008 code § 12.01(24))

16.05.250 Removal of ice – Permit required.

No person or persons shall remove ice or cause its removal from Lake Beulah or Potter’s Lake without first obtaining a yearly permit from the Town of East Troy. The application shall be made in writing and filed in the office of the Clerk. Failure to do so will result in a forfeiture of $25.00 per occurrence. (2008 code § 12.01(25))

16.05.260 Deposits.

Wis. Stat. §§ 30.52, 30.80 and 30.298 are incorporated herein by reference.

TOWN OF EAST TROY

PIER REGISTRATION FORM

This Document will be scanned. You must use pen with dark ink, no pencils.

Please check all that apply ____ Pier ____ Wharf ____ Marina ___ Mooring buoy

____ Other

Date Submitted: ___________________ Date Received____________

Do you currently have a pier registration on file? ____Yes _____No

Please indicate if this registration requests Conditional Use Status: ___Yes ___No

(Conditional use status is required if you have not previously registered your pier prior to 1994 and your lakefront layout does not conform to the current pier and mooring ordinance)

Full Name of Applicant: ___________________________________________

Address: ______________________________________________________

City: _______________________ State: __________________ Zip: ________

Home Phone #:_____________________ Cell:________________________

Property Owner Name if different from above:_________________________

Address:_______________________ City:_______________ State:______

Zip:___________ Home Phone #______________ Cell #________________

Address where pier is located, if different from above:___________________

Tax Parcel (Key #)______________________________________________

ON THE BACK OF THIS SHEET

Please provide a drawing (need not be to scale) of the aforementioned lakefront shoreline including the following:

1. Indicate the amount of lake-front in feet. Locate and mark all piers on the drawing and indicate distance from pier(s) to property lines.

2. Mark length and width dimensions on all piers.

3. Indicate location and dimension of shore station(s).

4. Mark the location of any watercraft to be located on pier(s) or shoreline.

5. Indicate where any mooring buoys are located.

6. Indicate where any rafts, ramps, etc. are located. Include size of these items.

(Ord. 2011-11 § 3; Ord. 2009-1 § 1. 2008 code § 12.01(26))

16.05.270 Exceptions.

Any person or persons, or any organization, or its authorized representative(s) may seek written relief from this chapter if special circumstances exist which would make conforming to the requirements set forth therein difficult or impossible. The Town Board may grant, in its sole discretion, an exception to any local limitation(s) created in this chapter. The Town Board may not grant any exception which would be contrary to existing state law or regulations of the Wisconsin Department of Natural Resources. If the Town Board grants an exception pursuant to the authority granted under this section, a Board member or the Town Clerk must notify the Town of East Troy Police Department of that decision as soon as possible. (Ord. 2014-6 § 1. 2008 code § 12.01(27))