(1) INTENT. The intent of this ordinance 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.
(2) APPLICABILITY AND ENFORCEMENT. The provisions of this ordinance shall apply to the water of Pewaukee Lake within the jurisdiction of the Town of Delafield, Village of Pewaukee, and the City of Pewaukee. The provisions of this ordinance 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, 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.
(3) STATE OFFENSES ADOPTED. (Cr.#05-23).
(3a) Whenever an incident within the provisions of current or future Chapters 939 to 948, SS 86.06, 86.192, 134.66, 254.92, 961.472 and 961.571-961.577, Stats., occurs upon the water or ice of Pewaukee Lake, below the ordinary high water mark as that is defined by NRS322.03(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 and only provide assistance to the Village when requested by the Village Police department for that portion of the Lake within the Village's jurisdiction. The Village shall maintain authority and jurisdiction to investigate and oversee all criminal investigations on portions of the Lake within the Village's jurisdiction. (Amend #06-26)
(3b) 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.
(4) 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 Wisconsin Statutes 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 ordinance 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 ordinance.
(5a) 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 Section 30.773, Wis. Stats.
(5b) Navigation Lane: An area designated by authorized aids to navigation.
(5c) Personal Flotation Devices: Type I-life preserver (jacket type). Type II-buoyant vest (horse collar type).
Type III-special purpose type (ski vests, fisherman's vest, or float coats) Type IV-buoyant cushions and ring buoys (throwable devices not designed to be worn), Type V-Coast Guard approved suits when worn
(5d) 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 WI Dept. of Natural Resources with
use restrictions posted by the communities based upon recommendations of the DNR.
(5e) Public Access: Any access to the water by means of authorized public property.
(5f) Shore Zone: All surface water within two hundred (200) feet of any shore.
(5g) Slow-No-Wake: The slowest possible speed so as to maintain steerage.
(5h) Swimming Zone: An authorized area marked by regulatory markers to designate a swimming area.
(6) SPEED RESTRICTIONS:
(6a) Speed limit. Unless limited otherwise herein, no person shall operate a watercraft at a speed in excess of 50 mph.
(6b) General limits. No person shall operate a watercraft at a speed in excess of 10 mph 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.
(6c) Special limits. No person shall at any time operate a watercraft at a speed in excess of slow-no-wake within two hundred (200) feet of any shore, swimmer not in a designated swimming area, marked public swimming area, diving flag, canoe, rowboat, sailboat, non-operating motor watercraft, bridge, public access, designated anchorage or mooring area or sensitive environmental area.
(6d) Weekend Limits. No person shall operate a watercraft at a speed in excess of 40 mph from twelve 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.
(7) 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.
(8) ADDITIONAL TRAFFIC RULES. In addition to the traffic rules adopted herein, the following rules shall apply to watercrafts using the waters of Pewaukee Lake:
(8a) Houseboats. Unless specifically permitted by the Water Safety Patrol, watercraft with sanitary facilities, living or camping facilities are prohibited.
(8b) Tie ups of watercraft. Unless specifically permitted by the Water Safety Patrol, prolonged anchoring, mooring, or drifting of nested watercrafts for more than 2 hours is hereby declared to be in conflict with the intent and purpose of the ordinance and is hereby prohibited.
(9) MOORINGS AND STATIONARY OBJECTS.
(9a) Moored and anchored objects. No person shall erect or maintain any raft, ski jump, stationary platform, or any other obstacles to navigation more than two hundred (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 (6) inches of free board above the water line, to the extent possible painted white, and has attached thereto not less than twelve (12) inches from each side of each corner or projection a red reflector not less than three (3) inches in diameter. All such objects shall be inscribed with the name and address of the owner and marked to Sections 30.12 and 30.13 Wis. Stats.
(9b) 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 twenty-four (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 twenty-four (24) hours is prohibited elsewhere on the lake.
(9c) Public accesses. Mooring or anchoring of watercraft at public accesses other than at
piers, as designated by the controlling governmental agency, is prohibited.
(9d) Mooring lights required. No person shall moor any unoccupied watercraft, raft, buoy, or other floating object more than two hundred (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 (2) 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.
(9e) 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.
(9f) 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.