HomeMy WebLinkAboutOrdinance 1984 (097) Il
AMENDMENTS TO BOATING ORDINANCE
Ordinance
WHEREAS, it is the policy of St. Croix County to promote its water
resources for the full use and enjoyment by all of the people, now and in
the future, and to promote safety for persons and property in connection
with the use of the waters of St. Croix County, and to promote uniformity
of laws relating to such use, and to conform with any requirements of the
United States, and of the State of Wisconsin, and
WHEREAS, the St. Croix County Board of Supervisors has previously
adopted a Boating Ordinance on June 8, 1971, and
WHEREAS, Chapter 30 of the Wisconsin Statutes has been amended since
June 8, 1971,
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NOW THEREFORE, BE IT ORDAINED by the St. Croix County Board of Super-
visors, that the Boating Ordinance previously adopted on June 8, 1971 be
amended as follows:
1. Section 30.50 shall be amended to read as follows:
(6) Reference herein to the "commission" or "conservation commission"
shall mean the Wisconsin Department of Natural. Resources. II
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(7) "Associated equipment" means any system, part or component of
a boat as originally manufactured or any similar system, part or component
manufactured or sold for replacement, repair or improvement of the system,
part or component; any accessory or equipment for, or appurtenance to, a boat
and any marine safety article, accessory or equipment intended for or used by
a person on board a boat except radio equipment.
(8) "Manufacturer" means any person engaged in the manufacture, con-
struction, or assembly of boats or associated equipment; the manufacture or
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construction of components for boats and associated equipment to be sold for
subsequent assembly and the importation into this state for sale of boats,
associated equipment or components for boats.
(9) "State of principal use" means the state where the boat is used
or is to be used most during the year.
(10) "Slow-no-wake" means that speed at which a boat moves as slowly
as possible while still maintaining steerage control.
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2. Section 30.51 shall be amended as follows:
(2) Exemptions. A boat is exempt from the numbering requirements
of this chapter if it is:
(a) Manually propelled and is not equipped with propulsion
machinery or sail.
(b) A sailboat 12 feet in length or less.
(c) Covered by a valid certificate of number issued under
federal law or a federally approved numbering system of another state, with
the identification number properly displayed on each side of the forward half,
but this exemption does not apply if the boat has been within this state for
a period in excess of 60 consecutive days or if this state is the state of
principal use of the boat.
(d) Operated within a period of 15 days after application for
a certificate of number has been made and the required fee has been paid, if
proof of application is carried on board.
(e) From a country other than the United States temporarily
using the waters of this state.
(f) A military or public boat of the United States, except
recreational-type public vessels.
(g) A boat whose owner is a state or subdivision of a state,
which is used principally for governmental purposes, and which is clearly
identifiable.
(h) A ship's lifeboat.
(i) Present in this state, for a period of not to exceed 10
days, for the express purpose of competing in a race conducted under a permit
from a municipality or an authorized agency of the U. S. Government.
3. Section 30.51(3) is hereby repealed.
4. Section 30.62 shall be amended to read as follows:
(3) Personal Flotation Devices. Every boat shall carry at least
one personal flotation device prescribed by federal regulations for each person
on board or being attended by the boat, so placed as to be readily accessible
and available to the persons.
(4) Fire Extinguishers. Every motorboat, except outboards of open
construction, shall be provided with such number, size and type of fire ex-
tinguishers, capable of promptly and effectively extinguishing burning gasoline,
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as prescribed by rules of the department. Such fire extinguishers shall be
at all times kept in condition for immediate and effective use and shall be
so placed as to be readily accessible. "Open construction" means construction
which will not permit the entrapment of explosive or flammable gases or. vapors.
(5) Backfire Flame Arresters. Every boat equipped with an
inboard
motor using gasoline as a fuel shall have the carburetors of every inboard
gasoline motor fitted with an efficient device for arresting backfire flames.
The device shall meet the specifications prescribed by federal regulations.
(9) Department May Adopt Rules. The department shall adopt such
rules modifying or supplementing the associated equipment requirements of this
section as are necessary to keep those requirements in conformity with federal
regulations.
5. Section 30.64, Patrol Boats, shall be amended to read as follows:
(1) 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 jl{
speed limits when a siren is being sounded and if due regard-As given to the
safety of other persons in the vicinity. If a light is used in conjunction
with a siren it shall be the oscillating or flashing type and be fitted with
a blue lens.
(2) Upon the approach of a duly authorized patrol boat giving an
audio or visual signal the operator of a boat shall reduce the boat speed to -
that speed necessary to maintain steerage control and yield the right-of-way
to the patrol boat until it has passed.
(3) No person operating a boat may refuse to stop after being re-
quested or signaled to do so by a law enforcement officer.
6. Section 30.65 shall be amended to include the following subsection:
(1) (f) A boat granted the right-of-way by this section shall main-
tain her course and speed, unless to do so would probably result in a collision.
7. Section 30.66 shall be amended to read as follows:
(2) Fixed Limits. In addition to complying with subsection (1),
no person may operate a motorboat at a speed in excess of the posted notice
as established by regulatory markers.
(3) Prohibited Operation. Except under Section 30.69(3), no person -
may operate a motorboat within 100 feet of any dock, raft, pier, or buoyed
restricted area on any lake at a speed in excess of slow-no-wake speed.
8. Section 30.68 shall be amended as follows:
(1) Intoxicated Operation. No person may operate a boat
upon the waters of this state or use water skis, an aquaplane or a similar
device while under the influence of an intoxicant or a controlled substance
as defined in Section 161.01(4).
(2) Negligent Operation. No person may operate or use any boat,
or manipulate any water skis, aquaplane or similar device upon the waters
of this state in a careless, negligent or reckless manner so as to endanger
his life, property or person or the life, property or person of another.
(3) Operation by Incapacitated Person or Minor. (a) No person
in charge or control of a boat shall authorize g i e or knowingly permit the boat to
be operated by any person who by reason of physical or mental dianbility is
incapable of operating such boat under the prevailing circumstances.
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(b) No person under the age of 10
p g 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 1.8 years of age designated by a parent or guardian. Persons at least
12 and less than 16 years of age may operate a motor 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 in possession of a certificate
issued under s. 30.74(1). Violations of this paragraph done with the knowledge
of a parent or guardian shall be deemed a violation by the parent or guardian,
and punishable under s. 30.80.
(5) Operating in circular course. No person may operate a motorboat
repeatedly in a circuitous course around any other boat, or around any person
who is swimming, if such circuitous course is within 200 feet of such boat-or
swimmer; nor shall any boat or water skier operate or approach closer than 100
feet to any skin diver's flag or any swimmer unless the boat is part of the skin <'
diving operation or is accompanying the swimmer, or unless physical conditions
make compliance impossible.
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9. Section 30.69 shall be amended to read as follows: r
(1) Prohibited at certain times; Exceptions. (a) Except as provided
in par. (b), no person may operate a motorboat towing a person on water skis:;
aquaplane 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
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beingtowed. An observer shall be considered competent i o etent if he can in fact
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observe the person being towed and relay any signals to the operator. This
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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 g P incapable of carrying the operator rator in or on
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the motorboat. No person may engage in water skiing, aquaplaning or �
similar activity, at any time from sunset to sunrise. This restriction ofji
the hours of water skiing does not prevent restrictions of the hours of
water skiing between sunrise and sunset by local ordinances enacted pursuant
to s. 30.77(3).
(b) Paragraph (a) does not apply to duly authorized water ski
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tournaments, competitions, exhibitions or trials therefor, where adequate
lighting is provided.
(3) Restriction. No boat towing persons engaged in water skiing,
aquaplaning or similar activity on any lake 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
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and marked with regulatory markers.
1O.Section 30.70 shall be amended as follows: Skindivi.ng. No person
may engage in underwater diving or swimming with the use of swimming fins
or skin diving in waters other than marked swimming areas or within 150 feet
of shoreline, and no person may engage in underwater diving or swimming with
the use of self-contained underwater breathing apparatus in waters other
than marked swimming areas, unless the location of such diving or swimming
is distinctly marked by diver's flag, not less than 12 inches high and 15
inches long, displaying one diagonal white stripe 3 inches wide on a red
background, nd of ei ht above the water so as to be clearly apparent at
a height P
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a distance of 100 yards under normal conditions, and so designed and dis-
played as to be visible from any point on the horizon. Except in case of
emergency, anyone engaging in such diving or swimming shall not rise to the L
surface outside of a radius of 50 feet from such flag. No person engaged
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in such diving or swimming shall interfere with the operation of anyone
fishing nor engage in such diving or swimming in established traffic lanes;
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nor shall any such person alone or with another, intentionally or un-
intentionally, block or obstruct any boat in any manner from proceeding to
its destination where a reasonable alternative is unavailable. A reasonable
alternative route is available when the otherwise unobstructed boat can
proceed to its destination without reducing its lawful speed, by passing to
the right or to the left of a marked diving operation.
11_ Section 30.74 shall be repealed.
12. Section 30.76 shall be repealed.
13. Section 30.77 shall be repealed.
14. Section 30.78 shall be repealed.
15. Section 30.79 shall be repealed.
16. Section 30.80 shall be amended to read as follows:
(1) Any person violating any provision of Sections 30.50 to 30.80
for which a penalty is not provided by subsection (2), (3), or (4) shall forfeit
not more than $50 for the first offense, and shall forfeit not more than $100
upon conviction for the same offense a second or subsequent time within one
year. j
(3) Any person violating s. 30.71 or any rule promulgated under
that section shall forfeit not more than $100 for the first offense and shall
forfeit not more than $200 upon conviction of the same offense a second or
subsequent time within one year.
17. Section 30.81 shall. be repealed.
18. A new Section shall be added as follows: 30.99 Parties to a Violation.
(1) Whoever is concerned in the commission of a violation of this
chapter for which a forfeiture is imposed is a principal and may be charged
with and convicted of the violation although he or she did not directly com-
mit it and although the person who directly committed it has not been con-
victed of the violation. t
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(2) A person is concerned in the commission of the violation if
the person:
(a) Directly commits the violation; ''
(b) Aids and abets the commission of it; or
(c) Is a party to a conspiracy with another to commit it or
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advises, hires or counsels or otherwise procures another to commit it.
19. The following Wisconsin Statute shall be incorporated herein:
Section 885.235 Chemical Tests for Intoxication.
(1) In any action or proceeding in which it is material to prove
that a person was under the influence of an intoxicant or had a blood alcohol
concentration of 0.1% or more when operating or driving a motor vehicle, or
while handling a firearm, evidence of the amount of alcohol in the person's
blood at the time in question, as shown by chemical analysis of a sample
of the person's blood or urine or evidence of the amount of alcohol in the
person's breath, is admissible on the issue of whether he or she was under the
influence of an intoxicant or had a blood alcohol concentration of 0.1% or
more if the sample was taken within 3 hours after the event to be proved.
The chemical analysis shall be given effect as follows without requiring-any
expert testimony as to its effect:
(a) The fact that the analysis shows .that there was 0.05%
or less by weight of alcohol in the person's blood or 0.05 grams of alcohol or
less in 210 liters of the person's breath is prima facie evidence that the
person was not under the influence of an intoxicant and did not have a blood
alcohol conentration of 0.1% or more;
(b) The fact that the analysis shows that there was more than
0.05% but less than 0.1% by weight of alcohol in the person's blood or more
than 0.05 grams but less than 0.1 grams of alcohol in 210 liters of the person's
breath is relevant evidence on the issue of intoxication or blood alcohol con-
centration but is not to be given any prima facie effect;
(c) The fact that the analysis shows that there was 0.1% or
more by weight of alcohol in the person's blood or 0.1 grams or more of al-
cohol in the person's blood or 0.1 grams or more of alcohol in 210 liters of
the person's breath is prima facie evidence that he or she was under the in-
fluence of an intoxicant and is prima facie evidence that he or she had a blood
alcohol concentration of 0.1% or more.
(2) The concentration of alcohol in the blood shall be taken prima
facie to be three-fourths of the concentration of alcohol in the urine.
(3) If the sample of breath, blood or urine was not taken within 3
hours after the event to be proved, evidence of the amount of alcohol in the
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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, aquaplaning or
similar activity, at any time from sunset to sunrise. This restriction of
the hours of water skiing does not prevent restrictions of the hours of
water skiing between sunrise and sunset by local ordinances enacted pursuant
to s. 30.77(3).
(b) Paragraph (a) does not apply to duly authorized water ski
tournaments, competitions, exhibitions or trials therefor, where adequate
lighting is provided.
(3) Restriction_ No boat towing persons engaged in water skiing,
aquaplaning or similar activity on any lake 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.
1O.Section 30.70 shall be amended as follows: Skindiving. No person
may engage in underwater diving or swimming with the use of swimming fins=
or skin diving in waters other than marked swimming areas or within 150 feet
of shoreline, and no person .may engage in underwater diving or swimming with
the use of self-contained underwater breathing apparatus in waters other
than marked swimming areas, unless the location of such diving or swimming
is distinctly marked by diver's flag, not less than 12 inches high and 15
inches long, displaying one diagonal white stripe 3 inches wide on a red
background, and of height above the water so as to be clearly apparent at
a distance of 100 yards under normal conditions, and so designed and dis-
played as to be visible from any point on the horizon. Except in case of
emergency, anyone engaging in such diving or swimming shall not rise to the
surface outside of a radius of 50 feet from such flag. No person engaged
in such diving or swimming shall interfere with the operation of anyone
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fishing nor engage in such diving or swimming in established traffic lanes;
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person's blood or breath as shown by the chemical analysis is admissible
only if expert testimony establishes its probative value and may be given
prima facie effect only if the effect is established by expert testimony.
(4) The provisions of this section relating to the admissibility
of chemical tests for intoxication or blood alcohol concentration shall not
be construed as limiting the introduction of any other competent evidence
bearing on the question of whether or not a person was under the influence
of an intoxicant or had a blood alcohol concentration of 0.1% or more.
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(5) In this section, "blood alcohol concentration of 0.1% or
more" means a blood alcohol concentration of 0.10 or more by weight of al-
cohol in a person's blood or 0.1 grams or more of alcohol in 210 liters of
a person's breath.
20. Any future amendments, revisions, or modifications of Wisconsin
Statutes Chapter 30 or Section 889.235, incorporated herein, are intended
to be made part of this Ordinance as such amendments, revisions, or modifica-
tions are made to said Chapter.
21. Severability. Should any portion of this Ordinance be declared
invalid by Statute or Court decision, the remaining portions of this Ordinance
shall continue to remain in full force and effect.
22. This Ordinance shall take effect and be in force from and after its
proper passage and publication pursuant to Wisconsin Law.
Dated this //2( day of �'�( , 1984.
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PUBLIC PROTECTION COMMITTEE
Negative Affirmative
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