30.772(3)(e)
(e) Any mooring, mooring anchor or mooring buoy which is placed or used in any navigable water in violation of this section or any local regulation adopted by a municipality under this subsection constitutes a public nuisance subject to
s. 30.294. A municipality may, by ordinance, provide that any person who violates any local regulation adopted under this subsection is subject to a forfeiture not to exceed $50 for each such violation. The ordinance may also provide that each day during which the violation exists is a separate offense.
30.772(3)(f)
(f) In addition to, or as an alternative to, the penalties specified in
par. (e), the governing body of a municipality may remove unlawful moorings as provided under and pursuant to the procedures of
s. 66.0495.
30.772(4)
(4) Department permits. The department may issue a permit authorizing the placement or use of a mooring beyond 150 feet from the ordinary high-water mark if the municipality does not have an established permit procedure, or more than 200 feet from the ordinary high-water mark if
sub. (3) (a) 5. applies. The department may place conditions or restrictions on any permit issued under this subsection.
30.772(5)
(5) Exception. The restrictions under this section do not apply to the fleeting of barges on the Mississippi River and its tributaries.
30.773
30.773
Designated mooring areas. 30.773(1)
(1)
Establishment of designated mooring areas. Subject to department approval, a municipality with jurisdiction over navigable waters may establish designated mooring areas as provided in this section.
30.773(2)
(2) Procedures. A municipality authorized to establish a bulkhead line under
s. 30.11 may establish a designated mooring area in the same manner as it is authorized to establish the bulkhead line except that if the municipality created a board of harbor commissioners, the municipality is required to obtain the approval of that board in addition to the approval of the department.
30.773(3)
(3) Standards for approval. In addition to requiring compliance with standards and procedures under
s. 30.11 and
sub. (2), the department shall grant an approval for the establishment of a designated mooring area only if:
30.773(3)(a)
(a) The designated mooring area is more than 150 feet from the ordinary high-water mark.
30.773(3)(b)
(b) The establishment and operation of the mooring area does not materially obstruct navigation.
30.773(3)(c)
(c) The establishment and operation of the mooring area is not detrimental to public rights or interest in the waterway.
30.773(3)(d)
(d) The mooring area is not within and does not adversely affect a critical or significant fish or wildlife habitat area.
30.773(3)(e)
(e) The establishment and operation of the mooring area complies with all applicable zoning requirements.
30.773(3)(f)
(f) The riparian owners agree in writing to the establishment of the mooring area and the area is to be used by the riparian owners or by others with the written consent of the riparian owners.
30.773(3)(g)
(g) Use of the mooring area is not unfairly restricted or used to assert exclusive privileges for use of the navigable waters.
30.773(3)(h)
(h) The mooring area is marked in a manner which notifies the public of the boundaries of the mooring area and assists in navigation near the mooring area. These markers shall be consistent with the uniform aids to navigation established under
s. 30.74 (2).
30.773(4)(a)(a) Department permits under
s. 30.772 (4) or department approval of municipal permits under
s. 30.772 (3) (c) are not required for moorings placed within a designated mooring area.
30.773(4)(b)
(b) A municipality may regulate the placement and use of moorings within designated mooring areas in the manner provided under
s. 30.772 (3).
30.773(5)
(5) Exception. The restrictions under this section do not apply to the fleeting of barges on the Mississippi River and its tributaries.
30.773 History
History: 1985 a. 243.
30.78
30.78
Local regulation of seaplanes. 30.78(1)
(1)
City, village and town ordinances. Any city, village or town adjoining or surrounding any waters may, after public hearing, by ordinance:
30.78(1)(a)
(a) Prescribe reasonable safety regulations relating to the operation on the surface of such waters of any aircraft capable of landing on water.
30.78(1)(b)
(b) Prescribe the areas which may be used as a landing and take-off strip for the aircraft or prohibit the use of the waters altogether.
30.78(1)(c)
(c) Provide proper and reasonable penalties for the violation of any such ordinance.
30.78(1g)(a)(a) A public inland lake protection and rehabilitation district, after public hearing, may enact and enforce local ordinances applicable to a lake entirely within its boundaries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the lake district to do so.
30.78(1g)(b)
(b) Ordinances authorized under
par. (a) are limited to the type of ordinances authorized under
sub. (1) (a) to
(c).
30.78(1g)(c)
(c) If any town, village or city having jurisdiction on the lake rescinds the resolution authorizing the public inland lake protection and rehabilitation district to enact and enforce ordinances under this paragraph, the lake district ordinances are void.
30.78(1r)
(1r) Notice to department of transportation. The department of transportation shall receive timely notice of the public hearing required under
subs. (1) and
(1g) and shall have an opportunity to present testimony on the proposed ordinance. An ordinance under
sub. (1) (b) or
(1g) that regulates or restricts an area of surface waters for landing or take-off purposes shall be filed with the department of transportation.
30.78(2)
(2) Marking of regulated or restricted areas. Any ordinance that regulates or restricts an area of surface waters under
sub. (1) or
(1g) shall direct that the area be marked by standard marking devices.
30.78(3)(a)(a) If a public inland lake protection and rehabilitation district enacts an ordinance under
sub. (1g), the lake district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under
sub. (1) that are applicable to that lake.
30.78(3)(b)
(b) Any conflict in jurisdiction arising from the enactment of ordinances by 2 or more municipalities shall be resolved under
s. 66.32.
30.79
30.79
Local water safety patrols; state aids. 30.79(1)
(1)
Definitions. In this section:
30.79(1)(a)
(a) "Local governmental unit" means a municipality, a public inland lake protection and rehabilitation district or a lake sanitary district.
30.79(1)(am)
(am) "State aid" means payment by the state to a local governmental unit for or toward the cost of the operation or maintenance of a water safety patrol unit.
30.79(1)(b)
(b) "Water safety patrol unit" means one of the following:
30.79(1)(b)1.
1. A unit within an existing municipal law enforcement agency or a separate municipal agency, created by a municipality or by a number of municipalities riparian to a single body of water for the purpose of enforcing
ss. 30.50 to
30.80 and any rules promulgated and ordinances enacted under
ss. 30.50 to
30.80 and for the purpose of conducting search and rescue operations.
30.79(1)(b)2.
2. A unit created by a public inland lake protection and rehabilitation district, by a lake sanitary district or by a number of local governmental units riparian to a single lake, at least one of which is a lake district or a lake sanitary district, for the purposes specified in
subd. 1.
30.79(2)
(2) State aid. In order to protect public rights in navigable waters and to promote public health, safety and welfare and the prudent and equitable use of the navigable waters of the state, a system of state aids for local enforcement of
ss. 30.50 to
30.80 and ordinances enacted under
ss. 30.50 to
30.80 and for conducting search and rescue operations is established.
30.79(2m)(a)(a) The department shall promulgate rules that restrict the costs eligible for state aid under this section. The rules shall establish the following:
30.79(2m)(a)1.
1. A method for calculating the maximum number of hours spent on enforcement activities or on search and rescue operations by a water safety patrol unit that will be eligible for state aid.
30.79(2m)(a)2.
2. The maximum number of crew members on a boat operated by a water safety patrol unit whose compensation will be eligible for state aid.
30.79(2m)(a)3.
3. The types and location of navigable waters on which a water safety patrol unit may operate for the local governmental unit operating the water safety patrol unit to be eligible for state aid.
30.79(2m)(b)
(b) In establishing the method of calculation under
par. (a) 1., the department shall include the amount of boating activity and the size of the navigable water as factors to be used in making these calculations.
30.79(2m)(c)
(c) In addition to the rules promulgated under
par. (a) the department may promulgate rules that relate to making the operation or maintenance of a water safety patrol unit more cost-effective.
30.79(3)
(3) Enforcement powers. Officers patrolling the waters as part of a water safety patrol unit may stop and board any boat for the purpose of enforcing
ss. 30.50 to
30.80 or any rules promulgated or ordinances enacted under
ss. 30.50 to
30.80 and for conducting search and rescue operations, if the officers have reasonable cause to believe there is a violation of the sections, rules or ordinances or the stopping and boarding of any boat is essential to conduct a search and rescue operation.
30.79(4)
(4) Jurisdiction. Upon petition by any local governmental unit or group of local governmental units operating or intending to operate a water safety patrol unit, the department shall, if it finds that it is in the interest of efficient and effective enforcement to do so, by rule define the waters which may be patrolled by the unit, including waters lying within the territorial jurisdiction of some other town, village or city if the town, village or city consents to the patrol of its waters. Such consent is not required if the petitioner is a local governmental unit containing a population of 5,000 or more, bordering upon the waters to be affected by the rule in counties having a population of less than 500,000. Officers patrolling the waters as part of the water safety patrol unit shall have the powers of sheriff in enforcing
ss. 30.50 to
30.80, or rules promulgated or ordinances enacted under
ss. 30.50 to
30.80 and in conducting search and rescue operations, on any of the waters so defined, whether or not the waters are within the jurisdiction of the local governmental unit for other purposes.
30.79(5)
(5) Payment of aids. On or before January 31 of the year following the year in which a local governmental unit operated a water safety patrol unit, it shall file with the department on the forms prescribed by it a detailed statement of the costs incurred by the local governmental unit in the operation of the water safety patrol unit during the past calendar year and of the receipts resulting from fines or forfeitures imposed upon persons convicted of violations of ordinances enacted under
s. 30.77. The department shall audit the statement and determine the net costs that are directly attributable to the operation and maintenance of the water safety patrol unit, including a reasonable amount for depreciation of equipment. In calculating the net costs, the department shall deduct any fines or forfeitures imposed on persons convicted of violations of ordinances under
s. 30.77 and any costs that do not comply with the rules promulgated under
sub. (2m). The department shall compute the state aids on the basis of 75% of these net costs and shall cause the aids to be paid on or before April 1 of the year in which the statements are filed. If the state aids payable to local governmental units exceed the moneys available for such purpose, the department shall prorate the payments. No local governmental unit may receive state aid amounting to more than 20% of the funds available.
30.79 Annotation
Water patrol officers in county patrol have sheriff's powers when directly enforcing 30.50 to 30.80; deputization of such officers by the sheriff is not necessary but desirable. 65 Atty. Gen. 169.
30.80(1)(1) Any person violating any provision of
ss. 30.50 to
30.80 for which a penalty is not provided under
subs. (2) to
(6) shall forfeit not more than $50 for the first offense and shall forfeit not more than $100 upon conviction of the same offense a 2nd or subsequent time within one year.
30.80(2)
(2) Any person violating
s. 30.68 (2) shall be fined not more than $200 or imprisoned not more than 6 months or both. Any person violating
s. 30.68 shall be required to obtain a certificate of satisfactory completion of a safety course under
s. 30.74 (1).
30.80(2g)(a)
(a) Shall be fined not less than $300 nor more than $1,000 or imprisoned not more than 6 months or both if the accident did not involve death or injury to a person.
30.80(2g)(b)
(b) Shall be fined not less than $300 nor more than $5,000 or imprisoned not more than one year or both if the accident involved injury to a person but the person did not suffer great bodily harm.
30.80(2g)(c)
(c) Shall be fined not more than $10,000 or imprisoned not more than 2 years or both if the accident involved injury to a person and the person suffered great bodily harm.
30.80(2g)(d)
(d) Shall be fined not more than $10,000 or imprisoned not more than 5 years or both if the accident involved death to a person.
30.80(3)
(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 2nd or subsequent time within one year.
30.80(4)
(4) Any person violating any provision of
s. 30.72 or the rules promulgated under
s. 30.72 shall forfeit not more than $100 for the first offense and shall forfeit not more than $200 upon conviction of the same offense a 2nd or subsequent time within one year.
30.80(5)
(5) Any person violating
s. 30.68 (8m) shall forfeit not more than $100. Each day during which such violation exists constitutes a separate offense.
30.80(6)(a)(a)
Penalties related to prohibited operation of a motorboat; intoxicants; refusal. 30.80(6)(a)2.
2. Except as provided under
subd. 3., a person who violates
s. 30.681 (1) or
30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated boating law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
30.80(6)(a)3.
3. A person who violates
s. 30.681 (1) or
30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.
30.80(6)(b)
(b)
Penalties related to causing injury; intoxicants. A person who violates
s. 30.681 (2) shall be fined not less than $300 nor more than $2,000 and may be imprisoned not less than 30 days nor more than one year in the county jail.
30.80(6)(c)
(c)
Calculation of previous convictions. In determining the number of previous convictions under
par. (a) 2. and
3., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
30.80(6)(d)
(d) Alcohol, controlled substances or controlled substance analogs; examination. In addition to any other penalty or order, a person who violates
s. 30.681 (1) or
(2) or
30.684 (5) or who violates
s. 940.09 or
940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under
ch. 785.
30.80(6)(e)
(e)
Certificate of satisfactory completion of safety course. In addition to any other penalty or order, a person who violates
s. 30.681 (1) or
(2) or
30.684 (5) or who violates
s. 940.09 or
940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to obtain a certificate of satisfactory completion of a safety course under
s. 30.74 (1).
30.81
30.81
Local regulations on icebound inland waters. 30.81(1)(1)
Town, village and city ordinances. Any town, village or city, in the interest of public health or safety, may enact ordinances that are not inconsistent with this chapter, relative to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on icebound inland lakes, but an ordinance is not valid unless each town, village and city having jurisdiction over any portion of the lake has enacted an identical ordinance. When the identical ordinances have been enacted, the ordinance of any individual town, village or city is in effect on the entire lake.
30.81(1m)(a)(a) A public inland lake protection and rehabilitation district, in the interest of public health or safety, may enact and enforce ordinances applicable to a lake entirely within its boundaries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the lake district to do so.
30.81(1m)(b)
(b) An ordinance enacted under
par. (a) must be consistent with this chapter and must relate to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on icebound inland lakes.
30.81(1m)(c)
(c) If a public inland lake protection and rehabilitation district enacts an ordinance under this subsection, the district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under
sub. (1) that are applicable to the lake.
30.81(1m)(d)
(d) If a town, village or city having jurisdiction on the lake rescinds the resolution authorizing the public inland lake protection and rehabilitation district to enact and enforce ordinances under this paragraph, the lake district ordinances are void.
30.81(2)
(2) County ordinances. Any county, in the interest of public health or safety, may enact ordinances not inconsistent with this chapter, relative to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on any of the icebound inland waters over which it has jurisdiction, except inland icebound lakes that are regulated by valid local ordinances enacted pursuant to
sub. (1) or
(1m).
30.81(3)
(3) Liability of local government. All traffic on icebound, inland waters shall be at the risk of the traveler. An ordinance by any municipality or any public inland lake protection and rehabilitation district that is enacted under this section permitting traffic on icebound inland waters shall not render the municipality or lake district enacting the ordinance liable for any accident to those engaged in permitted traffic while the ordinance is in effect.
30.81(4)
(4) Enforcement. A law enforcement officer of a town, village or city that is subject to an ordinance enacted under
sub. (1) or
(1m) has the powers of sheriff in enforcing the ordinance on any portion of the lake, whether or not that portion of the lake is within the jurisdiction of the town, village or city for other purposes.
