CHAPTER 6
Slow-No-Wake Ordinance for Fox River
Town of Rushford, Winnebago County, State of Wisconsin
SECTION I - TITLE AND PURPOSE
This
ordinance is entitled the Town of Rushford Slow-No-Wake Ordinance for the Fox
River. The purpose of this ordinance is to establish slow-no-wake sections of
the Fox River within the jurisdiction of the Town of Rushford as designated by
regulatory buoys clearly marking the Slow-No-Wake Controlled Areas. This
ordinance regulates boating upon these waters and prescribes penalties for
violation thereof. Adoption of this ordinance shall repeal and replace the
Ordinance #4 adopted June 7th 1977.
SECTION II – APPLICABILITY AND ENFORCEMENT
A.
The
provisions of this Ordinance shall apply on the main channel of the Fox River located
between the following GPS coordinates:
1.
Controlled
Area 1 - Lock Area (1,804.2 ft or 0.34 mi)
a. N 43° 59.760', W 88°
52.214'
b. N 43° 59.887', W 88°
52.108'
c. N 43° 59.967', W 88°
51.949'
2.
Controlled
Area 2 - Eureka Bridge Area (1,904 ft or 0.36 mi)
a. N 44° 00.239’, W 88°
50.785'
b. N 44° 00.370', W 88°
50.550'
c. 44° 00.448', 88°
50.469'
3.
Controlled
Area 3 - Delhi Area (1,991.5 ft or 0.38 mi)
a. N 44° 01.487', W 88°
48.317'
b.
N
44° 01.437', W 88° 47.869'
B.
This
Ordinance shall be enforced by the law enforcement officers or constables of
the Town of Rushford and any State or County law enforcement official.
SECTION Ill – INTENT AND AUTHORITY
A.
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 water resources.
B.
This
ordinance is adopted pursuant to §30.77(3)(a), Wis. Stats., which authorizes
any Town, Village or City, to adopt, in the interests of public health, safety
or welfare, local regulations not contrary or inconsistent with Chapter 30,
Wis. Stats., relative to the equipment, use or operation of boats or relative
to any activity regulated by §30.60 to 30.71, Wis. Stats.
SECTION IV – STATE BOATING AND SAFETY LAWS ADOPTED
State
boating laws as found in §30.50 to 30.71, Wis. Stats., are adopted by
reference.
SECTION V - DEFINITIONS
A.
"Slow-No-Wake"
means that speed at which a boat moves as slowly as possible while still
maintaining steerage control.
B.
"Person"
includes an individual, partnership, corporation, the state and its agencies
and subdivisions, and any other legal entity.
C.
"Operate"
means to navigate or otherwise use a watercraft.
D.
"Watercraft"
means any contrivance used or designed for navigation on water.
E.
“Regulatory
Buoy” means a white buoy with a single orange band at the top and bottom of the
exposed buoy. A control symbol is spaced between these bands and is also orange
in color. Any wording or message shall be in black letters.
F.
“Controlled
Area” as defined in Section II is designated by regulatory buoys. For a Controlled
Area the control symbol is an open circle.
SECTION VI – HOURS OF OPERATION AND EXCEPTIONS
A.
The
Town of Rushford and its designees shall be responsible for the placement and
maintenance of regulatory buoys that will mark the Controlled Area.
B.
No
person shall operate a watercraft faster than slow-no-wake in the waters of the
Controlled Area at any time.
C.
The
following shall be exempt from the provisions of this ordinance: authorized resources
management personnel, emergency personnel, and enforcement personnel, when
acting in the performance of their duties.
SECTION VII – POSTING REQUIREMENTS
The
Town of Rushford shall place and maintain a synopsis of this Ordinance at all
public access points within the jurisdiction of the Town pursuant to the
requirements of NR 5.15, Wis. Adm. Code.
SECTION VIII - PENALTIES
Wisconsin
state 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, and hereby adopted by reference and all references to fines amended
to forfeitures and all references to imprisonment deleted.
SECTION IX - SUBDIVISION AND NUMBERING OF THIS
ORDINANCE
This
ordinance is divided into sections designated by uppercase Roman numerals.
Sections
may be divided into subsections designated by uppercase letters. Subsections
may be divided into paragraphs designated by numbers. Reference to a
"section," "subsection," or "paragraph" includes
all divisions of the referenced section, subsection, or paragraph.
SECTION X - SEVERABILITY
The
provisions of this ordinance shall be deemed severable and it is expressly
declared that the Town of Rushford Board would have passed the other provisions
irrespective of whether or not one or more provisions may be declared invalid.
If any provision of the ordinance or the application to any person or
circumstances is held invalid, the remainder of the ordinance and the
application of such provisions to other persons or circumstances shall not be
affected.
SECTION XI - EFFECTIVE DATE
This
ordinance is effective on publication or posting. The town clerk shall properly
post or publish this ordinance as required under s. 60.80, Wis. stats.