AB514, s. 321
6Section
321. 30.68 (6) of the statutes is amended to read:
AB514,102,147
30.68
(6) Riding on decks and gunwales. No person operating a motorboat may
8ride or sit, or may allow any other person in the motorboat to ride or sit, on the
9gunwales,
on tops of seat backs or sides
, or on the decking over the bow of the boat
10in an unsafe manner while under way, unless
such
the person is inboard of guards
11or railings provided on the boat to prevent persons from being lost overboard.
12Nothing in this
section subsection shall be construed to prohibit entry upon the
13decking over the bow of the boat for the purpose of anchoring, mooring
, or casting off
14or other necessary purpose.
AB514, s. 322
15Section
322. 30.68 (7) (title) of the statutes is amended to read:
AB514,102,1616
30.68
(7) (title)
Restricted Swimming areas and regulatory markers.
AB514, s. 323
17Section
323. 30.68 (7) of the statutes is renumbered 30.68 (7) (a) and amended
18to read:
AB514,102,2119
30.68
(7) (a) No person
shall may operate a boat within
a water any area
which 20that has been clearly marked by
regulatory markers or buoys
or some other
21distinguishing device as a
bathing or swimming area
; nor.
AB514,102,24
22(b) No person may operate a boat in restricted use areas contrary to regulatory
23notice pursuant to s. 30.74 (2). This subsection does not apply in the case of an
24emergency, or to patrol or rescue craft markers.
Note: The deletion of "restricted use areas" clarifies that this provision applies to
all regulatory markers, whether or not the regulatory marker designates a restricted use
area. See s. 30.68 (14) for the general exception for patrol boats.
AB514, s. 324
1Section
324. 30.68 (8) and (8m) (a) of the statutes are amended to read:
AB514,103,62
30.68
(8) Anchoring in traffic lanes. No person may anchor, place, affix
, or
3abandon any unattended boat, raft, float
, or similar structure in the traveled portion
4of any river or channel or in any traffic lane
established and legally marked 5designated by aids to navigation, so as to
prevent, impede or interfere with the safe
6passage of any other boat
through the same.
AB514,103,8
7(8m) (a) No person may use a mooring
or attach a boat to a mooring buoy if the
8mooring
or mooring buoy violates s. 30.772 or 30.773.
Note: "Attach a boat to a mooring buoy" duplicates the prohibition on use of a
mooring. "Mooring" is defined in s. 30.01 (3e), when used as a noun, to mean "a mooring
anchor and mooring buoy together with attached chains, cables, ropes and pennants and
related equipment, unless the term is qualified or restricted".
AB514, s. 325
9Section
325. 30.68 (8m) (c) of the statutes is created to read:
AB514,103,1110
30.68
(8m) (c) No person may attach a boat to any aid to navigation or
11regulatory marker, except to mooring buoys.
Note: The prohibition in new sub. (8m) (c) is moved to this location from s. 30.68
(12).
AB514, s. 326
12Section
326. 30.68 (9) and (11) of the statutes are amended to read:
AB514,103,1613
30.68
(9) Overloading. No person may operate, and no owner of a boat may
14allow a person to operate, a boat that is loaded with passengers or cargo beyond its
15safe carrying capacity, taking into
consideration weather and other account existing
16operating conditions.
AB514,104,2
17(11) Unnecessarily sounding whistles horns; use of flashing lights. No
18person
shall may unnecessarily sound a horn, whistle or other sound-producing
19device on any boat while
at anchor or under way on the water. The use of a siren
or
20a light that resembles an emergency light specified under sub. (14) (a) on any
boat
1except
duly authorized a patrol
boats on patrol or rescue boat that is on duty is
2prohibited.
Note: "At anchor or underway" is replaced by "on the water" to make this
prohibition broader. For example, the broader language would prohibit unnecessary
sounding of a horn while a boat is tied to a dock. "Emergency light" is added to the
prohibition on use of a siren.
AB514, s. 327
3Section
327. 30.68 (12) of the statutes is repealed.
Note: The prohibition on mooring or fastening a boat to aids to navigation or
regulatory markers is deleted here and recreated in s. 30.68 (8m) (c), above.
AB514, s. 328
4Section
328. 30.68 (14) (title) of the statutes is created to read:
AB514,104,55
30.68
(14) (title)
Patrol boats.
AB514, s. 329
6Section
329. 30.69 (title) of the statutes is amended to read:
AB514,104,7
730.69 (title)
Water skiing and similar activities.
AB514, s. 330
8Section
330. 30.69 (1) (title) of the statutes is amended to read:
AB514,104,99
30.69
(1) (title)
Prohibited at certain times Prohibitions; exceptions.
AB514, s. 331
10Section
331. 30.69 (1) (a) of the statutes is renumbered 30.69 (1) (a) (intro.)
11and amended to read:
AB514,104,1312
30.69
(1) (a) (intro.)
Except as provided in par. (b), no No person may
operate 13do any of the following:
AB514,105,2
141. Operate a motorboat towing a person
on engaged in water
skis, aquaplane
15or skiing or a similar
device
activity unless there is in the boat a
competent person
16in addition to the operator
in a position to observe the progress of the person being
17towed. An observer shall be considered competent if that person
who is in a position
18to observe, and can in fact observe
, the person being towed and relay any signals to
19the operator.
This observer requirement does not apply to motorboats classified as
20Class A motorboats by the department actually operated by the persons being towed
1and so constructed as to be incapable of carrying the operator in or on the motorboat.
2No person may engage
AB514,105,7
32. Engage in water skiing
, aquaplaning or
a similar activity,
or operate a
4motorboat towing a person engaged in water skiing or a similar activity, at any time
5from sunset to sunrise.
This restriction of the hours of water skiing does not prevent
6restrictions of the hours of water skiing between sunrise and sunset by local
7ordinances enacted pursuant to s. 30.77 (3).
Note: The reference to local ordinances is eliminated, and all provisions related
to local ordinances will be consolidated in s. 30.77. It is proposed to expand this
prohibition to apply to the motorboat operator as well as to the person engaged in water
skiing or a similar activity.
AB514, s. 332
8Section
332. 30.69 (1) (b) of the statutes is renumbered 30.69 (1) (b) (intro.)
9and amended to read:
AB514,105,1110
30.69
(1) (b) (intro.) Paragraph (a)
1. does not apply to
duly authorized water 11any of the following:
AB514,105,1412
1.
Water ski tournaments, competitions, exhibitions
or trials therefor, where
13adequate lighting is provided, or practice sessions that are authorized by a permit
14from a local governmental unit that enacts an ordinance under s. 30.77.
Note: The reference to "duly authorized" water ski tournaments and other
activities is unclear. A specific reference to authorization by means of a permit from a
local governmental unit that adopts ordinances under s. 30.77 is substituted for that
phrase.
"Practice sessions" is substituted for "trials". The meaning of "trials" is not clear,
although one sense of that word is a preliminary competition. The special committee
believes that the exemption from the observer requirement is widely understood to apply
to all activities related to organized water ski activities, including practice sessions, and
that the broader exemption from the observer requirement is appropriate, so the statute
is redrafted accordingly.
Current s. 30.69 (1) (a) commences with "Except as provided in par. (b)". That
provision is recreated above in s. 30.69 (1) (c), with the omission of the reference to the
provision of adequate lighting. It appears to be the intent of the current statute that the
observer requirement does not apply to water ski tournaments, competitions, exhibitions
or practice sessions under any circumstances.
AB514, s. 333
15Section
333. 30.69 (1) (b) 2. of the statutes is created to read:
AB514,106,3
130.69
(1) (b) 2. Motorboats less than 16 feet long that are operated by the person
2being towed and that are so constructed as to be incapable of carrying the operator
3in or on the motorboat.
AB514, s. 334
4Section
334. 30.69 (1) (bm) of the statutes is created to read:
AB514,106,85
30.69
(1) (bm) Paragraph (a) 2. does not apply to water ski tournaments,
6competitions, exhibitions, or practice sessions that are conducted under a permit
7from a local governmental unit that enacts an ordinance under s. 30.77 and for which
8adequate lighting is provided.
AB514, s. 335
9Section
335. 30.69 (1) (c) of the statutes is renumbered 30.69 (1) (b) 3. and
10amended to read:
AB514,106,1411
30.69
(1) (b) 3.
In addition to complying with par. (a), no person may operate
12a A personal watercraft that is towing a person who is
on engaged in water
skis, an
13aquaplane skiing or
a similar
device activity unless the personal watercraft is
14designed to seat at least 3 persons.
AB514, s. 336
15Section
336. 30.69 (2) of the statutes is amended to read:
AB514,106,2016
30.69
(2) Careful and prudent operation. A person operating a motorboat
17having in tow a person
on water skis, aquaplane or
engaged in water skiing or a 18similar
device activity shall operate
such boat the motorboat in a careful and prudent
19manner and at a reasonable distance from persons and property so as not to
20endanger the life or property of any person.
AB514, s. 337
21Section
337. 30.69 (3) of the statutes is amended to read:
AB514,106,2522
30.69
(3) Restrictions. (a) No person operating a motorboat that is towing
23persons a person engaged in water skiing
, aquaplaning or
a similar activity may
24operate the motorboat within 100 feet of any occupied
, anchored boat, any personal
25watercraft
, or any marked swimming area or public boat landing.
AB514,107,3
1(b) No person who is engaged in water skiing
, aquaplaning or
a similar activity
2may
get come within 100 feet of a personal watercraft or allow the tow rope while in
3use to
get come within 100 feet of a personal watercraft.
AB514,107,54
(c) 1. A motorboat towing a person who is engaged in water skiing
, aquaplaning 5or
a similar activity.
AB514,107,76
2. The tow rope of a motorboat towing a person who is engaged in water skiing
,
7aquaplaning or
a similar activity.
AB514,107,88
3. A person who is engaged in water skiing
, aquaplaning or
a similar activity.
AB514,107,119
(d) Paragraphs (a) to (c) do not apply to pickup or drop areas that are marked
10with regulatory markers and that are open to operators of personal watercraft and
11to persons and motorboats engaged in water skiing
or a similar activity.
AB514, s. 338
12Section
338. 30.69 (4) of the statutes is amended to read:
AB514,107,1913
30.69
(4) Intoxicated operation. No person may
use engage in water
skis, an
14aquaplane skiing or a similar
device activity while under the influence of an
15intoxicant to a degree which renders him or her incapable of safely
using engaging
16in water
skis, an aquaplane skiing or a similar
device activity, or under the combined
17influence of an intoxicant and any other drug to a degree which renders him or her
18incapable of safely
using engaging in water
skis, an aquaplane skiing or a similar
19device activity.
AB514, s. 339
20Section
339. 30.70 of the statutes is renumbered 30.70 (1) and amended to
21read:
AB514,108,322
30.70
(1) No person may engage in
underwater diving or swimming with the
23use of swimming fins or skin diving in waters other than marked swimming areas
24or within 150 feet of
the shoreline,
and no unless the location of the swimming or
25diving is marked by a diver's flag. No person may engage in
underwater diving
or
1swimming with the use of
self-contained
any underwater breathing apparatus in
2waters other than marked swimming areas, unless the location of
such the diving
or
3swimming is
distinctly marked by
a diver's flag
, not less than.
Note: "Underwater diving" is eliminated and "skin diving" is retained. Skin diving
appears to be a clear reference to all types of diving that do not involve the use of an
underwater breathing apparatus.
AB514,108,11
4(2) A diver's flag under sub. (1) shall consist of a flag that is 12 inches high and
515 inches long
, displaying and displays one diagonal white stripe 3 inches wide on
6a red background
, and. The diver's flag shall be of
a height above the water so as to
7be clearly apparent at a distance of 100 yards under normal conditions, and so
8designed and displayed as to be visible from any point on the horizon. Except in case
9of emergency,
anyone no person engaging in
such diving or swimming
shall not
that
10requires a diver's flag may rise to the surface outside of a radius of 50 feet from
such 11the diver's flag.
AB514,108,21
12(3) No person engaged in
such diving or swimming
shall that requires a diver's
13flag may interfere with
the operation of anyone fishing
nor or engage in
such diving
14or swimming in established traffic lanes
; nor shall any such person alone or with
15another, intentionally or unintentionally, block or. No person engaged in diving or
16swimming that requires a diver's flag may obstruct any boat in
any manner from 17proceeding
to its destination in its course where
a no reasonable alternative is
18unavailable available. A reasonable alternative
route course is available when the
19otherwise unobstructed boat can
proceed to its destination pass the diver's flag 20without reducing its lawful speed,
by passing to the right or to the left of a marked
21diving operation while complying with s. 30.68 (5g).
Note: This provision is modified to eliminate the requirement that the boat must
be proceeding to its destination in order for the prohibition on obstructing the boat to
apply. This makes the prohibition on obstructing a boat applicable to any legal course
that the boat may take. The added reference to s. 30.68 (5g) is the newly numbered
requirement for boats to remain at least 100 feet from a diver's flag.
AB514, s. 340
1Section
340. 30.71 (1) of the statutes is repealed.
Note: The definition of "outlying waters" duplicates the definition of that term in
current s. 30.01 (4r).
AB514, s. 341
2Section
341. 30.73 (2) (a) of the statutes is amended to read:
AB514,109,43
30.73
(2) (a)
Peace officers or rescue units engaged in emergency operations 4Patrol boat operators.
Note: See the exception for patrol boat operators in s. 30.68 (14), as renumbered
from s. 30.64.
AB514, s. 342
5Section
342. 30.73 (4) of the statutes is repealed.
Note: Section 30.73 pertains to use regulations on the Brule River. Subsection (4)
establishes a penalty by cross-reference to s. 30.80 (1). However, that cross-reference is
unnecessary because s. 30.80 (1) provides that it establishes penalties for violation of ss.
30.50 to 30.80 for which a specific penalty is not provided elsewhere.
AB514, s. 343
6Section
343. 30.735 of the statutes is created to read:
AB514,109,10
730.735 Tampering with navigation aids or regulatory markers. No
8unauthorized person may move, remove, molest, tamper with, destroy, or attempt to
9destroy any aid to navigation or regulatory marker, sign, or other device established
10and maintained to aid boaters.
Note: This provision is currently part of s. 30.68 (12), which is repealed in this bill.
AB514, s. 344
11Section
344. 30.74 (1) (c) and (d) of the statutes are amended to read:
AB514,109,1512
30.74
(1) (c) A valid certificate issued by another state, as defined in s. 115.46
13(2) (f), or a province of Canada
or the Canadian government that is held by a person
14will shall be honored if the course content substantially meets that established by
15the department.
Note: Canadian provinces no longer issue boating safety certificates. This is done
by the Canadian government.
AB514,110,3
1(d) The department shall
also prepare and disseminate information on water
2safety to the public, including
the informational pamphlets specified in s. 30.52 (5)
3(a) 4. and (b) 3.
AB514, s. 345
4Section
345. 30.74 (2) (a) of the statutes is amended to read:
AB514,110,105
30.74
(2) (a) The department by rule shall establish uniform marking of the
6water areas waters of this state through the placement of aids to navigation and
7regulatory markers. These rules shall establish a marking system compatible with
8the system of aids to navigation prescribed by the U.S. coast guard
and shall give due
9regard to the system of uniform waterway markers approved by the advisory panel
10of state officials to the merchant marine council, U.S. coast guard.
AB514,110,16
11(bm) No
municipality local governmental unit that enacts an ordinance under
12s. 30.77 or person may mark the waters of this state in
any manner in conflict with
13the marking system
prescribed established by the department
under par. (a). Any
14regulatory marker or aid to navigation that does not comply with this marking
15system is considered an unlawful obstruction to navigable waters and may be
16removed
in accordance with law under s. 30.975.
AB514,110,20
17(c) The department may not prohibit the placement of a regulatory marker or
18an aid to navigation if it complies with
this the marking system
established by the
19department under par. (a) and if it is being placed pursuant to an ordinance
that has
20been enacted
in compliance with under s. 30.77.
Note: The advisory panel is obsolete.
AB514, s. 346
21Section
346. 30.74 (2) (b) of the statutes is repealed.
Note: The definitions of these terms are deleted here and recreated as definitions
in s. 30.50.
AB514, s. 347
22Section
347. 30.74 (3) of the statutes is amended to read:
AB514,111,7
130.74
(3) Enforcement. The department shall assist in the enforcement of ss.
230.50 to 30.80
and in connection therewith. The department may maintain patrol
3boats and
may operate
such the patrol boats at such times and places as the
4department deems necessary in the interest of boating safety and the effective
5enforcement of boating laws.
An ordinance enacted under s. 30.77 does not apply to
6a patrol boat operated by the department if the patrol boat is engaged in a law
7enforcement activity.
Note: This allows wardens to more effectively patrol lakes and streams, primarily
by avoiding the need to comply with extensive slow-no-wake ordinances.
AB514, s. 348
8Section
348. 30.742 of the statutes is renumbered 30.5005 (3).
AB514, s. 349
9Section
349. 30.77 of the statutes is repealed and recreated to read:
AB514,111,10
1030.77 Local regulation of boating. (1) Definitions. In this section:
AB514,111,1211
(a) "Footage of shoreline" means the length of shoreline in feet measured by use
12of a map wheel on the U.S. geological survey 7 1/2 minute map series.