AB514: Bill Text

AB514,104,2 (11) Unnecessarily sounding whistles horns; use of flashing lights. No person shall may unnecessarily sound a horn, whistle or other sound-producing device on any boat while at anchor or under way on the water. The use of a siren or a light that resembles an emergency light specified under sub. (14) (a) on any boat except duly authorized a patrol boats on patrol or rescue boat that is on duty is prohibited.

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AB514, s. 327 Section 327. 30.68 (12) of the statutes is repealed.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 Section 328. 30.68 (14) (title) of the statutes is created to read:

AB514,104,5 30.68 (14) (title) Patrol boats.

AB514, s. 329 Section 329. 30.69 (title) of the statutes is amended to read:

AB514,104,7 30.69 (title) Water skiing and similar activities.

AB514, s. 330 Section 330. 30.69 (1) (title) of the statutes is amended to read:

AB514,104,9 30.69 (1) (title) Prohibited at certain times Prohibitions; exceptions.

AB514, s. 331 Section 331. 30.69 (1) (a) of the statutes is renumbered 30.69 (1) (a) (intro.) and amended to read:

AB514,104,13 30.69 (1) (a) (intro.) Except as provided in par. (b), no No person may operate do any of the following:

AB514,105,2 1. Operate a motorboat towing a person on engaged in water skis, aquaplane or skiing or a similar device activity unless there is in the boat a competent person in addition to the operator in a position to observe the progress of the person being towed. An observer shall be considered competent if that person who is in a position to observe, and 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

AB514,105,7 2. Engage in water skiing, aquaplaning or a similar activity, or operate a motorboat towing a person engaged in water skiing or a 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).

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 Section 332. 30.69 (1) (b) of the statutes is renumbered 30.69 (1) (b) (intro.) and amended to read:

AB514,105,11 30.69 (1) (b) (intro.) Paragraph (a) 1. does not apply to duly authorized water any of the following:

AB514,105,14 1. Water ski tournaments, competitions, exhibitions or trials therefor, where adequate lighting is provided, or practice sessions that are authorized by a permit from 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 Section 333. 30.69 (1) (b) 2. of the statutes is created to read:

AB514,106,3 30.69 (1) (b) 2. Motorboats less than 16 feet long that are operated by the person being towed and that are so constructed as to be incapable of carrying the operator in or on the motorboat.

AB514, s. 334 Section 334. 30.69 (1) (bm) of the statutes is created to read:

AB514,106,8 30.69 (1) (bm) Paragraph (a) 2. does not apply to water ski tournaments, competitions, exhibitions, or practice sessions that are conducted under a permit from a local governmental unit that enacts an ordinance under s. 30.77 and for which adequate lighting is provided.

AB514, s. 335 Section 335. 30.69 (1) (c) of the statutes is renumbered 30.69 (1) (b) 3. and amended to read:

AB514,106,14 30.69 (1) (b) 3. In addition to complying with par. (a), no person may operate a A personal watercraft that is towing a person who is on engaged in water skis, an aquaplane skiing or a similar device activity unless the personal watercraft is designed to seat at least 3 persons.

AB514, s. 336 Section 336. 30.69 (2) of the statutes is amended to read:

AB514,106,20 30.69 (2) Careful and prudent operation. A person operating a motorboat having in tow a person on water skis, aquaplane or engaged in water skiing or a similar device activity shall operate such boat the motorboat in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.

AB514, s. 337 Section 337. 30.69 (3) of the statutes is amended to read:

AB514,106,25 30.69 (3) Restrictions. (a) No person operating a motorboat that is towing persons a person engaged in water skiing, aquaplaning or a similar activity may operate the motorboat within 100 feet of any occupied, anchored boat, any personal watercraft, or any marked swimming area or public boat landing.

AB514,107,3 (b) No person who is engaged in water skiing, aquaplaning or a similar activity may get come within 100 feet of a personal watercraft or allow the tow rope while in use to get come within 100 feet of a personal watercraft.

AB514,107,5 (c) 1. A motorboat towing a person who is engaged in water skiing , aquaplaning or a similar activity.

AB514,107,7 2. The tow rope of a motorboat towing a person who is engaged in water skiing, aquaplaning or a similar activity.

AB514,107,8 3. A person who is engaged in water skiing, aquaplaning or a similar activity.

AB514,107,11 (d) Paragraphs (a) to (c) do not apply to pickup or drop areas that are marked with regulatory markers and that are open to operators of personal watercraft and to persons and motorboats engaged in water skiing or a similar activity.

AB514, s. 338 Section 338. 30.69 (4) of the statutes is amended to read:

AB514,107,19 30.69 (4) Intoxicated operation. No person may use engage in water skis, an aquaplane skiing or a similar device activity while under the influence of an intoxicant to a degree which renders him or her incapable of safely using engaging in water skis, an aquaplane skiing or a similar device activity, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely using engaging in water skis, an aquaplane skiing or a similar device activity.

AB514, s. 339 Section 339. 30.70 of the statutes is renumbered 30.70 (1) and amended to read:

AB514,108,3 30.70 (1) 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 the shoreline, and no unless the location of the swimming or diving is marked by a diver's flag. No person may engage in underwater diving or swimming with the use of self-contained any underwater breathing apparatus in waters other than marked swimming areas, unless the location of such the diving or swimming 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 (2) A diver's flag under sub. (1) shall consist of a flag that is 12 inches high and 15 inches long, displaying and displays one diagonal white stripe 3 inches wide on a red background, and. The diver's flag shall be of a height above the water so as to be clearly apparent at a distance of 100 yards under normal conditions, and so designed and displayed as to be visible from any point on the horizon. Except in case of emergency, anyone no person engaging in such diving or swimming shall not that requires a diver's flag may rise to the surface outside of a radius of 50 feet from such the diver's flag.

AB514,108,21 (3) No person engaged in such diving or swimming shall that requires a diver's flag may interfere with the operation of anyone fishing nor or engage in such diving or swimming in established traffic lanes; nor shall any such person alone or with another, intentionally or unintentionally, block or. No person engaged in diving or swimming that requires a diver's flag may obstruct any boat in any manner from proceeding to its destination in its course where a no reasonable alternative is unavailable available. A reasonable alternative route course is available when the otherwise unobstructed boat can proceed to its destination pass the diver's flag without reducing its lawful speed, by passing to the right or to the left of a marked diving 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 Section 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 Section 341. 30.73 (2) (a) of the statutes is amended to read:

AB514,109,4 30.73 (2) (a) Peace officers or rescue units engaged in emergency operations Patrol boat operators.

Note: See the exception for patrol boat operators in s. 30.68 (14), as renumbered from s. 30.64.

AB514, s. 342 Section 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 Section 343. 30.735 of the statutes is created to read:

AB514,109,10 30.735 Tampering with navigation aids or regulatory markers. No unauthorized person may move, remove, molest, tamper with, destroy, or attempt to destroy any aid to navigation or regulatory marker, sign, or other device established and maintained to aid boaters.

Note: This provision is currently part of s. 30.68 (12), which is repealed in this bill.

AB514, s. 344 Section 344. 30.74 (1) (c) and (d) of the statutes are amended to read:

AB514,109,15 30.74 (1) (c) A valid certificate issued by another state, as defined in s. 115.46 (2) (f), or a province of Canada or the Canadian government that is held by a person will shall be honored if the course content substantially meets that established by the department.

Note: Canadian provinces no longer issue boating safety certificates. This is done by the Canadian government.

AB514,110,3 (d) The department shall also prepare and disseminate information on water safety to the public, including the informational pamphlets specified in s. 30.52 (5) (a) 4. and (b) 3.

AB514, s. 345 Section 345. 30.74 (2) (a) of the statutes is amended to read:

AB514,110,10 30.74 (2) (a) The department by rule shall establish uniform marking of the water areas waters of this state through the placement of aids to navigation and regulatory markers. These rules shall establish a marking system compatible with the system of aids to navigation prescribed by the U.S. coast guard and shall give due regard to the system of uniform waterway markers approved by the advisory panel of state officials to the merchant marine council, U.S. coast guard.

AB514,110,16 (bm) No municipality local governmental unit that enacts an ordinance under s. 30.77 or person may mark the waters of this state in any manner in conflict with the marking system prescribed established by the department under par. (a). Any regulatory marker or aid to navigation that does not comply with this marking system is considered an unlawful obstruction to navigable waters and may be removed in accordance with law under s. 30.975.

AB514,110,20 (c) The department may not prohibit the placement of a regulatory marker or an aid to navigation if it complies with this the marking system established by the department under par. (a) and if it is being placed pursuant to an ordinance that has been enacted in compliance with under s. 30.77.

Note: The advisory panel is obsolete.

AB514, s. 346 Section 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 Section 347. 30.74 (3) of the statutes is amended to read:

AB514,111,7 30.74 (3) Enforcement. The department shall assist in the enforcement of ss. 30.50 to 30.80 and in connection therewith. The department may maintain patrol boats and may operate such the patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws. An ordinance enacted under s. 30.77 does not apply to a patrol boat operated by the department if the patrol boat is engaged in a law enforcement 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 Section 348. 30.742 of the statutes is renumbered 30.5005 (3).

AB514, s. 349 Section 349. 30.77 of the statutes is repealed and recreated to read:

AB514,111,10 30.77 Local regulation of boating. (1) Definitions. In this section:

AB514,111,12 (a) "Footage of shoreline" means the length of shoreline in feet measured by use of a map wheel on the U.S. geological survey 7 1/2 minute map series.

AB514,111,14 (c) "State law" means this section, ss. 30.50 to 30.71, and those penalties under s. 30.80 that apply to ss. 30.50 to 30.71.

Note: Section 30.5005 (1) (b), as created by this bill, provides that a reference to a statute in any of the boating statutes also includes the rules promulgated under that statute. Thus, "state laws" includes the department of natural resources (DNR) boating rules.

AB514,111,19 (2) Local regulation prohibited; exception. State laws shall be uniform in operation throughout the state. No local governmental unit may enact an ordinance on any matter pertaining to a state law except as provided under this section, or as provided under another statute that, by its express terms, and, notwithstanding this section, authorizes enactment of an ordinance by a local governmental unit.

Note: This first part of this subsection restates current law. See current s. 30.77 (1). The purpose of this provision is to establish the policy that state boating laws are intended to be uniform, and that the authorization of local regulation is within the context of this uniformity.

The provision regarding statutory authority other than s. 30.77 is new and states expressly what is the apparent intent of s. 30.77, that this statute is the exclusive authority for local regulation of boating equipment and operations, as well as other matters subject to regulation under this section, unless specific authority is provided elsewhere in the statutes.

AB514,112,4 (3) Duties of the department. (a) Assistance. The department shall draft and disseminate model ordinances that meet the requirements of this section. The department shall consult with and assist local governmental units in enacting and enforcing ordinances that meet the requirements of this section.

Note: This provision creates a new requirement that DNR must prepare model ordinances and assist local governmental units in enforcing ordinances enacted by those governmental units.

AB514,112,6 (b) Review of ordinances. The department shall review ordinances as provided under sub. (10).

AB514,112,10 (4) Jurisdiction of certain local governmental units. (a) Cities, villages, and towns. 1. A city, village, or town that has the entire shoreline of an inland lake within the boundaries of the city, village, or town may enact ordinances applicable to that lake.

AB514,112,13 2. A city, village, or town that has both banks of a stream within the boundaries of the city, village, or town may enact ordinances applicable to that portion of the stream that is within the boundaries of the city, village, or town.

Note: The current statute authorizes a town, village, or city to enact ordinances applicable to both lakes and streams "within its jurisdiction". With respect to streams, the current statute does not clearly define the jurisdiction of a town, village, or city. This bill authorizes the town, village, or city to enact ordinances applicable to streams within its boundaries (i.e., the town, village, or city has territory on both banks of the stream). A later provision, in sub. (4) (e), provides that a town, village, or city that is adjacent to a stream may enact ordinances if the town, village, or city that is also adjacent to the stream (i.e., on the opposite shore) enacts the identical ordinance.

AB514,113,3 3. Notwithstanding pars. (b) 1. to 3. or (c) to (e), a city, village, or town may enact ordinances applicable to waters of this state that pertain to issues of local concern to that city, village, or town, as specified in sub. (5) (h). If there is a disagreement among local governmental units regarding the content of an ordinance enacted under this subdivision, or the priority of an ordinance enacted under this subdivision, as provided in sub. (7) (c), the matter may be submitted to the department for a determination.

Note: This provision is new. It authorizes ordinances that are of concern only to an individual town, village, or city. The provisions regarding priority of local governmental unit authority in sub. (7) (c) make it clear that a town, village, or city ordinance related only to local issues supersedes inconsistent provisions of any other ordinance applicable to the same body of water. The scope of these ordinances of local concern is limited by sub. (5) (h).

AB514,113,5 (b) Counties. 1. A county that has both banks of a stream within the county boundaries may enact ordinances applicable to that portion of the stream.

Note: "Stream" is used instead of "river or stream", which is used in the current statute. There is not a substantive distinction between these 2 terms.

AB514,113,7 2. A county that has the entire shore of an inland lake within the county boundaries may enact ordinances applicable to that lake.

AB514,113,9 2g. A county ordinance enacted under subd. 2. is void if the ordinance is enacted with respect to a lake for which an ordinance is enacted under par. (a) 1., (c), or (d).