Chapter 16.10 TURTLE LAKE

All ordinances regulating water traffic, boats or water sports upon the waters covered by this chapter and all ordinances and parts of ordinances in conflict with this chapter heretofore enacted by the town are hereby repealed. [Code 2002 § 58-71.]

16.10.020 Intent.

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. [Code 2002 § 58-72.]

16.10.030 Applicability and enforcement.

The provisions of this chapter shall apply to the waters of Turtle Lake lying within the town of Richmond, except as otherwise specified in this chapter. The provisions of this chapter shall be enforced under the jurisdiction of the town board. [Ord. dated 9/19/2017-2 § 1; Code 2002 § 58-73.]

16.10.040 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Boat” means every description of watercraft other than a seaplane on the water.

“Motorboat” means any boat propelled by machinery.

“Operate” means, when used with reference to a motorboat or boat, to navigate, steer, sail, row or otherwise to move or exercise physical control over the movement of such boat.

“Owner” means the person who has lawful possession of a boat by virtue of legal title. [Code 2002 § 58-74.]

16.10.050 Capacity plate on boat.

(a) Every vessel less than 26 feet in length and designed to carry two or more persons shall if made or sold in this state have affixed permanently thereto a capacity plate.

(b) A capacity plate shall bear the following information:

(1) The total weight of persons, gear and other articles placed aboard which the vessel is capable of carrying.

(2) The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no case shall such presumed weight be less than 150 pounds per person.

(3) Clear notice that the information appearing on the capacity plate is applicable under normal conditions only.

(4) In the case of vessels designed for use with outboard motor, the maximum horsepower of the motor the vessel is designed to accommodate. In this case, also the weight of the motor is considered to be part of the weight capacity. [Code 2002 § 58-75.]

16.10.060 Operation of unnumbered boats prohibited.

No person may operate, and no owner may give permission for the operation of, any motorboat or any sailboat over 12 feet in length on the waters of this state unless the motorboat or sailboat either is covered by a valid certificate of number issued pursuant to this chapter or is exempt from the numbering requirements. [Code 2002 § 58-76.]

16.10.070 Certificate of number.

(a) A motorboat principally used in this state shall be numbered in this state.

(b) Numbering periods shall run for three years, commencing April 1st of the year in which the certificate is issued and expiring on March 31st of the third year thereafter.

(c) A fee of $4.50 shall be paid to the department for the issuance of a certificate of number or renewal thereof. [Code 2002 § 58-77.]

16.10.080 Certificate number to be displayed on boat – Certificate to be carried.

(a) Upon being issued a certificate of number and decals, the owner of the boat shall paint on or attach the identification number and attach the decals to each side of the bow.

(b) The certificate of number shall be available at all times for inspection on the boat for which issued, whenever such boat is in use. [Code 2002 § 58-78.]

16.10.090 Transfer of ownership of number.

(a) Whenever the owner of a boat covered by a certificate of number transfers all or any part of his interest in such boat, he shall notify the department of such transfer and return the certificate of registration to the department.

(b) The transferee shall make application for a new certificate of number as prescribed by the department. [Code 2002 § 58-79.]

16.10.100 Notice of abandonment or destruction of boat or change of address.

(a) If a boat covered by a certificate of number is destroyed or abandoned, the owner shall notify the department within 15 days.

(b) Whenever any person moves, after applying for or receiving a certificate of number, he shall notify the department in writing of both his old and new address within 15 days. [Code 2002 § 58-80.]

16.10.110 Classification of motorboats.

Motorboats shall be classified as follows:

(a) Class A: Those motorboats less than 16 feet.

(b) Class 1: Those motorboats 16 feet or over but less than 26 feet.

(d) Class 3: Those motorboats 40 feet or over. [Code 2002 § 58-81.]

16.10.120 Lighting equipment.

(a) Lights Required – Prohibited.

(1) No person shall operate any motorboat at any time from sunset to sunrise unless such motorboat carries the lighting equipment required by this section and such equipment is lighted.

(2) No person shall exhibit from or on any motorboat, when underway at any time from sunset to sunrise, any light which may be mistaken for those required by this section.

(b) Classes A and 1 Motorboats. All motorboats of classes A and 1 when underway at any time from sunset to sunrise shall have lighted the following:

(1) One lamp aft showing a white light all around the horizon.

(2) One combined lamp in the fore part of the motorboat and lower than the white light aft, showing green to starboard and red to port and so fixed that each side of the combined lamp throws a light from directly ahead to two points abaft the beam on its respective side.

(c) Classes 2 and 3 Motorboats. All motorboats of classes 2 and 3 when underway at any time from sunset to sunrise have lighted the following lamps:

(1) One lamp in the fore part of the boat showing an unbroken white light over an arc of the horizon of 20 points and fixed to throw light from directly ahead to two points abaft the beam.

(2) One lamp aft showing a white light all around the horizon and higher than the lamp forward.

(3) Two side lamps, green to starboard and red to port, both fitted with inboard screens to prevent them from being seen across the bow and both constructed to show an unbroken light over an arc of 10 points and fixed to throw the light from directly ahead to two points abaft the beam on its side.

(d) Sailboats with Motors. Sailboats equipped with motors and propelled in whole or part by such motors must comply with subsection (b) or (c) of this section according to their classification. Whenever such a sailboat is being propelled entirely by sail at any time from sunset to sunrise, it shall show the colored lights which fit its class but not the white lights and shall carry a lantern showing a white light in time to avert collision.

(e) Sailboats and Rowboats Without Motors.

(1) Every boat propelled by muscular power and every sailboat not equipped with a motor, when underway at any time from sunset to sunrise, shall carry a lantern, showing a white light in time to avert collision.

(2) Moored, anchored and drifting boats and other fixed and floating structures outside of designated anchorages or beyond 200 feet from the shoreline shall be lighted from sunset to sunrise by a white light visible all around the horizon.

(f) Visibility. Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles on a dark night with clear atmosphere. Every colored light shall be visible at one mile on a dark night with clear atmosphere. [Code 2002 § 58-82.]

16.10.130 Other equipment.

(a) No person shall operate any boat on the waters of this state unless such boat is equipped as required by this section.

(b) The engine of every motorboat shall be equipped with a muffler.

(c) Every boat shall carry at least one life preserver or other device of the sort prescribed by the regulations for each person on board or being attended by such boat.

(d) Every motorboat, except outboards of open construction, shall be provided with such fire extinguishers as shall be capable of extinguishing burning gasoline. Specifications shall be as prescribed by rules of the department.

(e) Every motorboat with an inboard motor using gasoline shall have the carburetors fitted with a device for arresting backfire. Specifications shall be as prescribed by rules of the department.

(f) Every motorboat, except open boats, fueled by a volatile liquid shall be provided with a ventilation system capable of removing explosive gases.

(g) Every motorboat equipped with storage batteries shall be provided with suitable supports and shields for such batteries. [Code 2002 § 58-83.]

16.10.140 Patrol boats exempt from certain traffic regulations.

The operator of a duly authorized patrol boat, when responding to an emergency call, or when in pursuit of an actual or suspected violator of the law, need not comply with state or local regulations fixing maximum speed limits and, if a siren is being sounded, need not comply with state or local boat traffic regulations governing meeting, passing or right-of-way. [Code 2002 § 58-84.]

16.10.150 Traffic rules.

Every person operating a boat shall comply with the following traffic rules:

(a) 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 its left.

(b) When two motorboats are approaching each other obliquely or at right angles, the boat which has the other on its right shall yield right-of-way to the other.

(c) When a motorboat and a boat propelled entirely by sail or muscular power are proceeding in such a direction as to involve risk of collision, the motorboat shall yield the right-of-way to the other boat.

(d) A boat may overtake and pass another 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.

(e) A boat granted the right-of-way by this section shall maintain its course and speed, unless to do so would probably result in a collision. [Code 2002 § 58-85.]

16.10.160 Speed restrictions.

(a) The term “slow-no-wake” as used in this section is defined as the slowest possible speed necessary to maintain steerage.

(b) No person shall operate a power-driven boat 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 power-driven boat 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 legal requirements and exercising due care.

(c) In addition to complying with subsection (b) of this section, no person shall operate a power-driven boat at a speed in excess of the posted notice as established by regulatory markers.

(d) No person operating a power-driven boat upon the waters of Turtle Lake shall operate such boat at a speed greater than “slow-no-wake” after 2:00 p.m. on Saturday, Sunday and legal holidays, and until after 10:00 a.m. the following day; nor shall any person operate a power-driven boat at a speed greater than “slow-no-wake” after 6:00 p.m. on any other day and until 10:00 a.m. the following day.

(e) In the event of shore or water conditions on Turtle Lake which may impair transportation, safety or property, either the town chair, by order, or the town board, by resolution, may, in their discretion, declare and impose a “slow-no-wake” speed restriction on watercraft operating anywhere and at any time on Turtle Lake. Water level may be determined by a fixed measuring device created in the discretion of the town board.

(f) In the event the town chair declares and imposes a “slow-no-wake” speed restriction under this chapter, the town board shall review the declaration at its next regular or special meeting, and shall either reaffirm, rescind, or declare limitations upon the town chair’s declaration. Before the town board takes such action, the town chair may, in his or her discretion, lift the imposition of the speed restriction. In the event the town board imposes a speed restriction, or reaffirms the town chair’s imposition of such a restriction, and unless otherwise specified by the town board, the town chair may, in his or her discretion, lift the imposition of any speed restriction imposed under this section. [Ord. dated 9/19/2017-2 § 2.]

16.10.170 Accidents and accident reports.

(a) Duty to Assist. Insofar as he can do so without serious danger to his own boat or to persons on board, the operator of a boat involved in an accident shall stop his boat and render assistance to other persons involved and shall give his name and address and identification of his boat to any person injured and to the owner of any property damaged.

(b) Duty to Report.

(1) If the accident results in death or injury to any person or total property damage amounting to $100.00, every operator of a boat involved shall give notice of the accident to a conservation warden or law enforcement officer and file a written report thereof with the department within 10 days.

(2) If the operator is physically incapable of complying with subsection (b)(1) of this section and there was another occupant in the boat at the time of the accident the other occupant shall comply. [Code 2002 § 58-87.]

16.10.180 Distress signal flags.

(a) Insofar as is possible the operator of a boat observing an orange flag 18 inches by 30 inches shall render to the boat or person displaying the signal such assistance as may be practical and necessary.

(b) No person shall display such a flag unless such person is in need of assistance to prevent bodily injury or destruction of property. [Code 2002 § 58-88.]

16.10.190 Prohibited operation.

(a) Under Influence of Intoxicant or Controlled Substance. No person may operate a boat or use water skis or a similar device upon the waters of this state while under the influence of an intoxicant or a controlled substance.

(b) Careless, Negligent or Reckless Operation. No person may operate a boat or use water skis or a similar device upon the waters of this state in a careless, negligent or reckless manner so as to endanger the life or property of himself or another.

(1) No person shall knowingly permit a boat of which he is in charge to be operated by any person who by reason of physical or mental disability is incapable of operating such boat safely.

(2) No person under the age of 10 years may operate a motorboat. Persons at least 10 and less than 12 years of age may operate a motorboat only if they are either accompanied in the boat by a parent or guardian or a person at least 18 years of age designated by a parent or guardian. Persons at least 12 and less than 16 years of age may operate a motorboat of any horsepower, but only if they are either accompanied by a parent or guardian or a person at least 18 years of age designated by a parent or guardian, or are in possession of a certificate issued under Wis. Stats. Section 30.74(1).

(d) Creating a Hazardous Wake.

(1) 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.

(2) An operator of a motorboat is liable for any damage caused by the wash or wake of such a motorboat.

(e) Operation Near Other Boats, Swimmers and Water Skiers. No person may operate a motorboat repeatedly in a circuitous course within 200 feet of another boat or a swimmer nor shall any boat or water skier operate closer than 100 feet to any skin diver’s flag or swimmer.

(f) Manner of Riding. No person operating a motorboat shall allow any person to ride or sit on the gunwales, tops of seat backs or sides or on the decking over the bow of the boat while underway.

(g) Operation in Swimming Area Prohibited. No person shall operate a boat within a water area, which has been clearly marked by buoys or some other device as a swimming area.

(h) Anchoring Unattended Boat. No person may anchor any unattended boat, raft, float or similar structure in the traveled portion of any river or in any traffic lane.

(i) Loading Capacity. No boat shall be loaded with passengers or cargo beyond its safe carrying capacity.

(j) Motor Capacity. No boat shall be equipped with any motor beyond its safe power capacity.

(k) Unnecessary Sounding of Horns, Whistles, Etc. No person shall unnecessarily sound a horn, whistle or other device on any boat while at anchor or underway.

(l) Tampering with Navigational Aids. No unauthorized person shall move, remove, molest, tamper with, destroy or attempt to destroy or moor or fasten a boat to any navigation aids or regulatory markers. [Code 2002 § 58-89.]

16.10.200 Water skiing.

(a) No person may operate a motorboat towing a person on water skis, or similar device, 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. This observer requirement does not apply to motorboats classified as class A motorboats by the department, actually operated by the persons being towed and so constructed as to be incapable of carrying the operator in or on the motorboat. No person may engage in water skiing or similar activity at any time from sunset to sunrise. This restriction does not prevent restrictions of the hours of water skiing between sunrise and sunset by local ordinances enacted pursuant to Wis. Stats. Section 30.77(3).

(b) There shall be no more than two persons using such tow lines as a means of water skiing or similar sport; the persons being towed must be equipped with an approved life jacket, or similar life saving device. No tow line shall exceed 75 feet in length.

(c) Any boat engaged in towing a person on water skis, aquaplane or similar device must conform to all sections of this chapter and, in addition, must operate in a counterclockwise pattern on the lake and inlet and outlet in the traffic lane. [Code 2002 § 58-90.]

16.10.210 Skindiving.

(a) No person may engage in skindiving or scuba diving in waters other than marked swimming areas or within 150 feet of shoreline unless the location of such diving 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 high enough above the water to be clearly visible at a distance of 100 yards. Anyone so diving shall not rise to the surface outside a radius of 50 feet from such flag.

(b) No persons engaged in such diving shall interfere with anyone fishing, block any boat from proceeding to its destination, nor engage in such diving in established traffic lanes. [Code 2002 § 58-91.]

16.10.220 Boats equipped with toilets.

No person shall operate any boat equipped with toilets on inland waters of this state unless the toilet wastes are retained for shore disposal by means of facilities constructed and operated in accordance with rules adopted by the Department of Health and Social Services. [Code 2002 § 58-92.]

16.10.230 Traffic lane defined.

A traffic lane is established embracing the surface of Turtle Lake within the corporate limits of the town in its entirety, excepting therefrom that portion of the waters lying between the shoreline and a line parallel to and 175 feet from the shoreline and such greater distance as shall be necessary to clear projecting piers, wharfs and any other similar structures a distance of 100 feet from the projecting extremities thereof. [Code 2002 § 58-93.]

16.10.240 Speed restrictions.

Repealed by Ord. dated 9/19/2017-2. [Code 2002 § 58-94.]

16.10.250 Swimming regulations.

(a) Swimming from Drifting Boats Prohibited. No person shall swim from any boat unless such boat is anchored.

(b) Distance from Swimmer to Base. No person shall swim more than 175 feet from the shore or more than 50 feet from any pier, anchored raft or boat unless he is accompanied by a boat manned by a competent person trained in lifesaving techniques and having a ring buoy. Such boat shall stay reasonably close to and guard such swimmer. If there is more than one swimmer in the water, each shall be accompanied by a separate boat as described in this subsection.

(c) Hours Limited. No person shall swim in the traffic lane as marked by buoys during the hours from sunset to sunrise. [Code 2002 § 58-95.]

16.10.260 Water skiing regulations.

(a) No person shall operate a boat for the purpose of towing a water skier or engage in water skiing or other similar sport from 2:00 p.m. through 10:00 a.m. on weekends and holidays nor shall they do so from 6:00 p.m. through 10:00 a.m. on any other day.

(b) There shall be no more than two persons using such tow lines as a means of water skiing or similar sport; the persons being towed must be equipped with an approved life jacket, life belt or similar life saving device.

(c) Any boat engaged in towing a person on water skis, aquaplane or similar device must conform to all sections of this chapter.

(d) There shall be no water skiing, aquaplaning or similar sport outside the traffic lane. [Code 2002 § 58-96.]

16.10.270 Aircraft prohibited.

No aircraft of any kind capable of landing on water shall land, take off, or be berthed on the frozen or unfrozen surface of the waters covered by this chapter, except for the temporary purpose of an emergency landing. [Ord. dated 6/21/2022 § 1. Code 2002 § 58-98.]

16.10.280 Littering waters prohibited.

No person shall deposit, place or throw from any boat, raft, pier, platform or similar structure or from the shore cans, bottles, debris, refuse, solid or liquid waste or paper on or into the water of the lake. [Code 2002 § 58-99.]

16.10.290 Violation – Penalty.

(a) Any person violating RMC 16.05.010 shall be fined not more than $200.00 or imprisoned not more than six months or both.

(b) Any person violating RMC 16.10.270 shall be fined $1,000.00 or imprisoned not more than 30 days, or both, for the first offense; and fined $5,000.00 or imprisoned not more than 90 days, or both, upon conviction of the same offense a second or subsequent time within one year.

(c) Any person violating any provision of this chapter for which a penalty is not provided by subsection (a) or (b) of this section shall be fined not more than $50.00 or imprisoned not more than 30 days, or both, for the first offense; and fined not more than $100.00 or imprisoned not more than 90 days, or both, upon conviction of the same offense a second or subsequent time within one year. [Ord. dated 6/21/2022 §§ 2, 3. Code 2002 § 58-100.]