Municipal Code – Chapter 21 – Sec. 21.01. – Summer regulations.
(a) Intent. The intent of this chapter is 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.
(b) Applicability and enforcement. The provisions of this chapter shall apply to the water of Pewaukee Lake within the jurisdiction of the Town of Delafield, the Village of Pewaukee, and the City of Pewaukee. The provisions of this chapter and Wisconsin statutes, when applicable, shall be enforced by the officers of the water safety patrol unit of the joint jurisdiction of the Town of Delafield, the Village of Pewaukee and the City of Pewaukee, under the direction of the Village of Pewaukee Police Chief as the Chief of the Pewaukee Lake-Water Safety Patrol, the Waukesha County Sheriff’s Department and the Wisconsin Department of Natural Resources.
(c) State offenses adopted.
(1) Whenever an incident within the provisions of current or future Wis. Stats. Chs. 939 to 948, §§ 86.06, 86.192, 134.66, 254.92, 961.472, and 961.571—961.577, occurs upon the water or ice of Pewaukee Lake, below the ordinary high water mark as that is defined by NR § 322.03(8), Wis. Adm. Code, the Village of Pewaukee Police Department shall investigate and provide police services regardless of the jurisdiction of the town or city over that portion of the lake where the incident occurred.
(2) All municipal citation tickets shall be returnable to the Village of Pewaukee Municipal court, regardless of the jurisdiction of the municipality where the incident occurs on Pewaukee Lake.
(d) State watercrafting and water safety laws adopted. The statutory provisions describing and defining regulations with respect to water traffic, boats, boating and related water activities in Wis. Stats. §§ 30.50 through 30.71 inclusive and as amended from time to time, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of said statutes, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by the provisions of any statute incorporated herein by reference is required or prohibited by this chapter.
(e) Definitions.
Designated mooring area: An area of water established and marked as a mooring area by lawful authority or with authorization from such authority pursuant to Wis. Stats. § 30.773.
Navigation lane: An area designated by authorized aids to navigation.
Personal flotation devices:
(1) Type I – life preserver (jacket type).
(2) Type II – buoyant vest (horse collar type).
(3) Type III – special purpose type (ski-vests, fisherman’s vests, or float coats).
(4) Type IV – buoyant cushions and ring buoys (throwable devices not designed to be worn).
(5) Type V – Coast Guard – approved suits when worn.
Public access: Any access to the water by means of authorized public property.
Sensitive environmental areas: Waters of Pewaukee Lake or flowing into Pewaukee Lake designated and posted as sensitive environmental areas by the three authorizing communities based upon recommendations of the Wisconsin Department of Natural Resources with use restrictions posted by the communities based upon recommendations of the DNR.
Shore zone: All surface water within 200 feet of any shore.
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.
(f) Speed restrictions.
(1) Speed limit. Unless limited otherwise herein, no person shall operate a watercraft at a speed in excess of 50 miles per hour.
(2) General limits. No person shall operate a motor watercraft at a speed in excess of ten miles per hour between the published time of sunset and one hour after sunrise on all waters of Pewaukee Lake, provided that this provision shall not apply to watercraft participating in permitted races over a course laid out plainly marked and adequately patrolled.
(3) Special limits. No person shall at any time operate a watercraft at a speed in excess of slow-no-wake within 200 feet of any shore, swimmer not in a designated swimming area, marked public swimming area, diving flag, canoe, rowboat, sailboat, none-operating motor watercraft, bridge, public access, or designated anchorage or mooring area or sensitive environmental area.
(4) Weekend limits. No person shall operate a watercraft at a speed in excess of 40 miles per hour from 12:00 o’clock noon to the published time of sunset on Saturdays, Sundays and the following holidays: Labor Day, Memorial Day, 4th of July and any intervening day celebrated as part of the holiday.
(g) Capacity restrictions. No person shall operate or loan, rent or permit a watercraft to leave the place where it is customarily kept for operation on the waters with more passengers or cargo than a safe load.
(h) Additional traffic rules. In addition to the traffic rules adopted herein, the following rules shall apply to watercraft using the waters of Pewaukee Lake:
(1) Houseboats. Unless specifically permitted by the water safety patrol, watercraft with sanitary facilities, living or camping facilities are prohibited.
(2) Tie ups or watercraft. Unless specifically permitted by the water safety patrol, prolonged anchoring, mooring or drifting of nested watercrafts for more than two hours is hereby declared to be in conflict with the intent and purpose of the chapter and is hereby prohibited.
(i) Moorings and stationary objects.
(1) Moored and anchored objects. No person shall erect or maintain any raft, ski jump, stationary platform, or any other obstacles to navigation more than 200 feet from the shore at any time unless a permit is obtained from the chief of the water safety patrol. All rafts and/or obstacles herein described shall be so constructed or anchored so that it has at least six [inches] of free board above the water line, to the extent possible painted white, and has attached thereto not less than 12 inches from each side of each corner or projection a red reflector not less than three inches in diameter. All such objects shall be inscribed with the name and address of the owner and marked pursuant to Wis. Stats. §§ 30.12 and 30.13.
(2) Designated moorings. The shore zone is designated a mooring zone except in areas of heavy traffic where mooring may be prohibited by order of the chief of the water safety patrol. Unless permitted by the chief of the water safety patrol, mooring for more than 24 hours is prohibited other than by riparian owners or persons exercising riparian rights and as provided by the local community. Mooring of a watercraft other than an emergency craft is prohibited in swimming zones. Mooring for more than 24 hours is prohibited elsewhere on the lake.
(3) Public accesses. Mooring or anchoring of watercraft at public accesses other than at piers, as designated by the controlling governmental agency, is prohibited.
(4) Mooring lights required. No person shall moor or anchor any unoccupied watercraft, raft, buoy, or other floating object more than 200 feet from the shoreline between sunset and sunrise unless a permit has been obtained from the chief of the water safety patrol and there is prominently displayed thereon a white light of sufficient size and brightness to be visible from any direction for a distance of two miles on a dark night with a clear atmosphere. This provision shall not apply to the shore zone, objects moored in designated mooring areas or buoys marking race courses as provided herein.
(5) Buoys marking race courses. Such buoys may be set without lighting provided that a permit has been obtained from the chief of the water safety patrol and that they are a bright color and are made of materials which will not damage a watercraft if struck.
(6) Mooring buoys. All mooring buoys placed on the waters of the lake must comply with regulations of the department of natural resources. Special permits shall be issued by the chief of the water safety patrol for temporary non-conforming buoys necessary during regattas and sporting events.
(j) Safe operation required.
(1) No person shall operate, direct or handle a watercraft in such a careless manner as to endanger the occupants of their or other watercrafts.
(2) No watercraft shall be operated in a repetitive circular, figure eight or other similar pattern in an area less than 300 feet in diameter and in a manner that creates a wake.
(3) In addition to the provisions of Wis. Stats. § 30.62, no person shall modify, tamper or alter any watercraft or the original equipment of any watercraft which increases the standard operating decibel level of said watercraft in violation of Wis. Stats. § 30.62.
(4) Unless specifically permitted by the lake patrol, no person shall operate, direct, or handle a motorized watercraft in a racing manner.
(k) Swimming regulations.
(1) Unmanned watercraft. No person shall swim from any unmanned watercraft unless such watercraft is anchored.
(2) Distance from shore. No person shall swim more than 200 feet from the shore unless in a designated swimming zone or when accompanied by a competent person in a watercraft.
(3) Hour limitations. No person shall swim more than 200 feet from the shoreline between sunset and one hour after sunrise.
(l) Water skiing.
(1) Distance from shore, public accesses, and beaches. No person shall operate a watercraft for the purpose of towing a person on water skis, aquaplane, glider, kite, parachute, or similar device or permit himself to be towed for such purpose within 200 feet of the shoreline, outside limits of any swimming zone, other water craft, any swimmer not in designated swimming area, diving flag, of any public access, of any designated anchorage or mooring area of any buoyed/marked race course.
(2) Personal flotation device. No person shall operate a watercraft for the purpose of towing a person on water skis, aquaplane, glider, kite, parachute, or similar device or permit himself to be towed for such purpose unless the person being towed is wearing a type I, II, III or V personal flotation device.
(3) Length of tow. The maximum length of any tow rope for towing a person water skiing, aquaplaning, gliding, kite flying, parachuting, or similar device shall be 75 feet.
(4) Exceptions. The limitations of this section shall not apply to participants in ski meets or exhibitions authorized and conducted as provided in subsection (n).
(m) Races, regattas, sporting events and exhibitions.
(1) Permit required. No person shall direct or participate in any watercraft race, regatta, water ski meet, or other water sporting event or exhibition unless such event has been authorized and a permit issued therefore by the chief of the water safety patrol.
(2) Permit. A permit issued under this section shall specify the course or area of water to be used by participants in such events and the permitee shall be required to place markers, flags, or buoys approved by the chief of the water safety patrol designating the specific area or the general race course. Permits shall be issued only if in the opinion of the chief the proposed use of the water can be carried out safely and without danger to or substantial obstruction of other watercrafts or persons using the lake. Permits shall be valid only for the hours and areas specified thereon.
(3) Right-of-way of participants. Watercrafts and participants in any such permitted event shall have the right-of-way on the marked area and no other person shall obstruct such area during the race or event or interfere therewith.
(n) Marker and navigation aids, positing ordinance.
(1) Duty of chief. The chief of the water safety patrol unit is authorized and directed to place authorized markers, navigations 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 Village of Pewaukee, the Town of Delafield, City of Pewaukee, and the County of Waukesha.
(2) Standard markers. All markers placed by the chief of the water safety patrol or any other person upon the waters of the lake shall comply with the regulations of the department of natural resources.
(3) Interference with markers prohibited. No person shall without authority remove, damage, or destroy or moor or attach any raft/watercraft to any buoy, beacon, or marker placed in the waters of the lake by the authority of the United States, state, county, town, village, city or by any private person pursuant to the provisions of this chapter.
(o) Emergencies.
(1) When the elevation of the lake is in excess of 853.4 above sea level as measured at the Village of Pewaukee dam, no person shall operate a watercraft in excess of slow-no-wake in any area of the lake.
(2) The chief of the water safety patrol is authorized to impose additional speed limit or other additional special emergency restrictions regarding the use of Pewaukee Lake when the water exceeds the established water level in subsection (1). Any order for additional special emergency restrictions shall be in effect for no longer than 48 hours, unless extended in conformity with the procedure stated herein. In the event the chief believes that additional special emergency restrictions should be in effect for a period longer than 48 hours, the mayor, village president and town chairman or their designees may approve such additional time after consultation with an recommendations of the chief of the water safety patrol, village director of public works, the city’s director of public works, and the Lake Pewaukee Sanitary District Superintendent. Upon written approval of the majority of the parties, the additional special emergency restrictions shall be implemented upon the terms approved by the parties.
(3) Lake patrol shall post slow-no-wake and additional special emergency restrictions, if any, at all public accesses. When possible, the slow-no-wake and additional special emergency restrictions should be posted on each municipal website.
(p) Penalties and deposits. Any officer of the Pewaukee Lake Water Safety Patrol has authority to issue citations and when warranted to arrest a person for violations of this chapter or applicable Wisconsin statutes and shall either permit such person to make a money deposit as provided in the approved bail/deposit schedule pursuant to Wis. Stats. § 30.80, or bring the person arrested before the municipal court for the Village of Pewaukee or Waukesha County Circuit Court as the case may be without unnecessary delay. Deposits may be made by mail or delivery to locations designed by the chief of the water safety patrol.
(q) Permits. Permits referred to in this chapter shall be issued by the Pewaukee Lake Water Safety Patrol. There shall be no permit fee for single activities. There shall be one $20.00 permit fee for recurrent and like activities including supporting activities, conducted throughout the boating season by a person or entity.
(r) Posting. As provided in Wis. Stats. § 30.77 positing of this chapter at public access point is required.
(Ord. No. 2010-09, § 1, 4-7-2010)
