Below is the final draft of the lakes ordinances, specifically covering the addition of wake enhancing activities. The below section has been slightly changed from the hearing as the town atty had a few minor edits, but it is essentially the same document, content wise (there are some formatting issues due to the conversion from its original form to fit on the website). The condition report is being written and once ready, it will be sent to the DNR along with the ordinance. We expect to hear back from them early next year.
3.0500 Boating Regulations And Water Sports
The intent of this ordinance 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.
3.0502 Applicability and Enforcement
A. The ordinance applies to all waters within the jurisdiction of the Town of Doty, Oconto County, Wisconsin.
B. This ordinance shall be enforced by the law enforcement officers of the town, along with all other state and county officers authorized by law to enforce the same. Summaries or copies of this ordinance will be posted at all public boat landings.
3.0503 Boating and Safety Laws Adopted
The boating and safety laws of the State of Wisconsin found in Wis. Stat. §§ 30.50-30.71, are adopted and incorporated herein by reference.
3.0504 Definitions
A. “Boat” or “vessel” means every description of watercraft capable of being used as a means of transportation on water.
B. “Buoy” is any device designed to float which is anchored in the water and which is used to convey a message.
C. “Motorboat” means any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion.
D. “Nonmotorized boats” means a boat which is not a motorboat but which is designed and constructed to be used as a boat for transportation of a person or persons on water. The term includes, but is not limited to, any canoe, sailboat, inflatable boat or similar device, row boat, raft and dinghy which is not a motorboat.
E. “Operate” or “use” means when used with reference to a motorboat, boat or vessel means to navigate or otherwise employ.
F. “Personal watercraft” means a motorboat that uses an inboard motor powering a water jet pump or a caged propeller as its primary source of motive power and that is designed to be operated by a person standing on, kneeling on, or sitting astride the watercraft.
G. “Regulatory marker” is any device designed to be placed in, or near any water within the town, to convey an official message to a boat operator on matters which may affect health, safety, or well-being.
H. “Slow-no-wake” means that speed at which a boat moves as slowly as possible while still maintaining steerage control.
I. “Swimming area” means an authorized area of water established by regulatory markers to designate a swimming area.
J. “Town” means the Town of Doty, Oconto County, Wisconsin.
K. “Town board” means the board of supervisors of the town.
L. “Transition speed” means the speed at which a boat is operating at greater than slow-no-wake speed, but not fast enough so that the boat is planing.
M. “Wake enhancement” means the use of water sacks, ballast tanks, submersible wings or any other device which causes a boat to operate in a bow-high manner, increasing the power or energy of a boat’s natural wake.
N. “Water skis” means any apparatus used to tow a person on the water or above the water by means of ropes or lines attached to a motorboat.
O. “Waters of this town” means any waters within the territorial limits of the town.
3.0505 Boating Regulations
A. Speed
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 legal requirements, and exercising due care.
B. Fixed Limits
In addition to complying with Section 3.0505(A) of this ordinance, no person shall operate a motorboat in excess of slow-no-wake on any lake in the town except as listed below:
1. Boulder Lake slow-no wake is in effect from 5:00 p.m. to 10:00 a.m. local time.
2. Boot Lake slow-no wake is in effect from 4:00 p.m. to 11:00 a.m. local time.
3. Bass Lake slow-no wake is in effect from 4:00 p.m. to 11:00 a.m. local time.
- Prohibited Operation
1. Except as provided under Section 3.0505(C)(2) of this ordinance, no person may operate a motorboat within 100 feet of any dock, raft, pier, or buoyed restricted area on any waters of this town in excess of slow-no-wake.
2. No boat towing persons engaged in water skiing, aquaplaning or similar activity on waters of this town shall engage in such activity within 100 feet of any occupied anchored boat, or marked swimming area, or public boat landing, except where pickup and drop areas are established and marked with regulatory markers.
3. No person shall operate a boat faster than slow-no-wake in the waters of Boulder Lake, west bays, beginning 100 feet N.E. of the north lot line of N3371 Birch Lane, N.E to Traxel Point, continuing N.E. from Traxel Point to a land marked cluster of boulders on the water’s edge, approximately 600 feet east of the east lot line of government lot #5, at any time. This area shall be marked by seven (7) buoys (slow-no-wake waterway markers).
4. No person shall operate a personal watercraft at a speed in excess of slow-no-wake within 200 feet of the shoreline of any lake.
5. No person shall operate a boat at a speed in excess of slow-no-wake within 200 feet of the un-named island on Boot Lake due to loon nesting sites. This prohibition applies even if loons are not present.
3.0506 Water Skiing Regulated
A. Hours
1. Except as provided in Section 3.0506(A)(2) of this ordinance, no person shall operate a motorboat or personal watercraft towing a person on water skis, aquaplane, or device, and no person may engage in water skiing, aquaplaning, or similar activity, at any time between:
(a) Boulder Lake from 5:00 p.m. to 10:00 a.m. local time.
(b) Boot Lake from 4:00 p.m. to 11:00 a.m. local time.
(c) Bass Lake from 4:00 p.m. to 11:00 a.m. local time.
2. Section 3.0506(A)(1) of this ordinance does not apply to duly authorized water ski tournaments, competitions, exhibitions or trials thereof where adequate lighting is provided and where the permissions to stage such tournaments, competitions, exhibitions or trials have been received from the town board.
B. The direction of travel for water skiing shall be counterclockwise.
3.0507 Wake Enhancing Operations
A. No person may use or employ on any lake in the town water sacks, ballast tanks, submersible wings or any other device which causes a boat to operate in a bow-high manner which increases or enhances the power or energy of a boat’s natural wake
B. Operation by a person of a boat on any lake in the town in an artificially bow-high manner, including wake enhancement by use of water sacks, ballast tanks, submersible wings, mechanical hydrofoils or other device, uneven loading, or operation at transition speed, to increase or enhance the power or energy of a boat’s natural wake is prohibited:
1. When less than 200 feet from:
(a) the shoreline of any lake;
(b) a posted no-wake area;
(c) swimmers;
(d) rafts or docks;
(e) boats under anchor, trolling or adrift;
(f) nonmotorized boats;
2. In waters less than fifteen (15) feet deep, including all of Boulder Lake;
3. During periods of high water:
(a) More than 1313 feet above sea level for Bass Lake;
(b) More than 4 inch depth of water measured at the outflow culvert under Archibald Lake Road for Boot Lake;
(c) No specified level for Boulder Lake;
(d) This restriction will be posted on the town website and on “Local Ordinance” signs at public boat landings when in effect.
C. Operation of a motorboat at transition speed is allowed for short distances, up to 75 feet, between 100 feet and 200 feet from shore to allow the motorboat to reach planning speed.
3.0508 Littering
No person shall deposit, place, or throw from any boat, raft, pier, platform or similar structure, or from shore, any cans, paper, bottles, debris, refuse, garbage, solid or liquid waste on or into any waters of this town.
3.0509 Penalties
A. State of Wisconsin boating penalties, as found in Wis. Stat. § 30.80, and deposits as established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conference, are hereby adopted and incorporated herein by reference, with all references to fines amended to forfeitures and all references to imprisonment deleted.
B. Any person violating a provision of this ordinance for which no statutory equivalent exists in Wis. Stat. ch. 30, shall forfeit the following:
1. Anyone found guilty of violating Sections 3.0505 through 3.0507 of this ordinance shall pay a forfeiture established by the town board (refer to the Town of Doty Bond Schedule), together with the costs of prosecution.
2. Anyone found guilty of violating Section 3.0508 of this ordinance shall pay a forfeiture established by the town board (refer to the Town of Doty Bond Schedule), together with the costs of prosecution.
3.0510 Severability
If any section of this ordinance is declared invalid or unconstitutional, then such decision shall affect only the section or provision so passed upon and shall not affect any other section of this ordinance.