Silver Lake Ice Ordinance
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of Activities on the Ice of Silver Lake, Town of West Bend
Lake Protection and Rehabilitation District Board of Commissioners, Town of
West Bend, Washington County, Wisconsin does ordain
(1) APPLICABILITY. The provisions of this ordinance shall apply to
all the icebound waters of Silver
Lake within the Town of West Bend, Washington County,
(2) PURPOSE. The
purpose of this ordinance is to promote the health, safety, morals,
prosperity and general welfare of the persons and areas affected by this
ordinance consistent with public rights and interests and the capability of
the water resource.
(3) AUTHORITY. The ordinance is adopted by the Silver Lake Protection
and Rehabilitation District, hereinafter referred to as SLPRD, pursuant to
the powers granted it by virtue of Wis. Stats. §§30.81, 33.22, 33.235 and
33.29, and Resolution No. 2004-02 adopted by the Town of
West Bend on December 8, 2004 which
delegated authority of Wis. Stats. §30.81 to regulate the ice surface
of Silver Lake.
1.02 ENFORCEMENT. The
provisions of this ordinance shall be enforced by State certified law
enforcement officers employed or contracted for patrolling by the SLPRD.
include all of the means of conveyance plus any other vehicle powered by
motor, as follows.
(a) ATV (All
Terrain Vehicle) means any engine driven device as defined in Wis. Stats.
§340.01(2g) and any other multi-axle, two or more wheeled vehicles, or
combination wheel and track (runner) vehicles, not otherwise defined herein,
powered by a motor(s) or fan and designed to be operated on snow, ice,
grass, dirt, gravel, sand and wetlands, whether or not required to be
licensed by State law.
means any engine driven vehicle as defined in Wis. Stats., §340.0l(58a).
means any motor vehicle as defined in Wis. Stats. §340.01(4} and including
(d) TRUCK means
any motor vehicle as defined in Wis. Stats. §340.01(34) and including pickup
trucks, sport utility vehicles, regular size vans and combination
(Recreation Vehicle) means any vehicle as defined in Wis. Stats §340.01(6m),
(29) and (33m) designed or constructed to operate either under its own power
or towed, and defined to be used for temporary habitation.
means any motorized vehicle as defined in Wis. Stats. §340.01(32) including
motorized bicycles and scooters.
means any engine driven vehicle that travels across land or water just above
a cushion of air provided by a downward thrust as from its engines,
propellers, etc. For purposes of this ordinance, a hovercraft shall be
considered an ATV and therefore shall be subject to the provisions of Wis.
Stats. §23.33, adopted herein by reference in sec. 1.11 below.
(2) ICEBOAT means
a sailboat-like structure with runners or wheels intended to be wind powered
on a solid surface.
SHANTIES means those structures parked or erected on the ice for use as
warming buildings and ice fishing shelters, and not including automobiles
trucks and RVs.
(4) KETTLE means the northerly approximate 15% of
Lake separated from the main body of
Lake by the channel.
(5) CHANNEL means a narrow body of water approximately 100 feet wide
and 600 feet long which separates the Kettle from the main body of
(6) MAIN BODY of
Silver Lake means the southerly approximate 85% of the lake.
(1) No person shall operate or park or permit to be operated or parked
on the ice surface of Silver
Lake any motorized vehicle as defined in sec. 1.01 above, excluding
snowmobiles and ATVs, except for the exclusive purpose of shoreline or lake
property maintenance or repair with an approved permit issued by the SLPRD.
(2) No person
shall operate any vehicle on the ice repeatedly in a tight circuitous course
or in a prolonged, repetitive manner in the same area.
(3) No vehicle
operated on the ice shall be modified in any manner that will amplify or
otherwise increase total noise emission above that emitted by the vehicle as
originally constructed, regardless of the date of manufacture.
(4) Reference is made to The Town of West Bend Ordinance 9.06 (3) Loud
and Unnecessary Noise Prohibited. “Except for Town employees, between the
hours of 10:00 P.M. and 6:00
A.M., no person shall do construction work or operate any chain saw, lawn
mower or any other machinery of a similar nature within 300 feet of a
residence of another.” For the purpose of this ordinance, “machinery”
includes powered ice augers.
LITTERING ICE PROHIBITED.
person shall deposit, place, or throw from any vehicle, iceboat, raft, pier,
platform, fishing shanty, structure or shore, any cans, paper, bottles,
debris, refuse, garbage, solid or liquid waste, feces or urine onto or
through the ice of the lake or onto or into the waters of the lake.
person shall allow any animal on the ice, other than the premises of the
animal owner or person in control of the animal, without carrying or having
in his or her possession a scoop, bag or other items designed to pick up and
remove animal fecal material. Such person shall remove any deposited fecal
material immediately after it has been deposited by said animal; and said
person shall not dispose of any such material on any property other than his
or her own property or rubbish containers provided by Washington
1.06 SPEED LIMITS
ON THE ICE.
(1) WITHIN 150
FEET OF SHORELINE. At any time of the day or night, no person shall operate
a vehicle on the ice in excess of a speed of 10 miles per hour within 150
feet of the shoreline.
(2) WITHIN 100
FEET OF PERSON OR OBJECT ON THE ICE. At any time of day or night, no person
shall operate a vehicle on the ice in excess of a speed of 10 miles per hour
within 100 feet of any person not in or upon a vehicle, any stationary
vehicle, any iceboat, or any fishing shanty.
(3) 100 FEET AND
BEYOND. No person shall operate a vehicle in excess of the speed limits
identified for the conditions designated in pars. (a) and (b) below when
traveling 150 feet and beyond from the shoreline, or 100 feet and beyond
from any person not in or upon a vehicle, any stationary vehicle, any
iceboat, or any fishing shanty.
(a) From sunrise to sunset, in the main body of
Silver Lake south of the
channel exiting the Kettle, not in excess of 35 miles per hour.
(b) From sunset to sunrise in the main body of
Silver Lake south of the
channel and at all times in the Kettle and channel, not in excess of 10
miles per hour.
(1) No person
shall, within the area to which this ordinance applies, engage in violent,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct under circumstances in which the conduct tends to cause
or provoke a disturbance.
urination or defecation by humans shall be considered disorderly conduct.
(1) No person
shall operate an iceboat on the ice in a careless manner so as to endanger
the person or property of another
(2) No person
shall operate an iceboat on the ice during the hours from sunset to sunrise.
(3) A person
operating an iceboat shall reduce the speed of the iceboat to the slowest
speed possible under the circumstances within 100 feet of any person not in
or upon a vehicle, any vehicle, or fishing shanty.
1.09 RIGHT-OF-WAY BETWEEN VEHICLES AND ICEBOATS. When a
vehicle and an iceboat are proceeding in such a direction as to involve the
risk of collision, the vehicle shall yield the right of way to the iceboat.
1.10 HOLES IN THE ICE.
No person may cut a hole in the ice in
excess of 12 inches in diameter, unless such hole is marked until the hole
has refrozen and the marker is then removed.
STATUTES AND RELATED PROVISIONS OF THE WISCONSIN ADMINISTRATIVE CODE ADOPTED
Wis. Stats. §23.33, §346.61, §§346.63
through 346.655, §350.01, §§350.05 through 350.12(3m)(d), §350.135 and
§350.15 and the related provisions of Wisconsin Administrative Code,
including Chapters NR 6 and NR 64, are adopted herein by reference,
including those statutes or rules and regulations related thereto that are
adopted the State or the Department of Natural Resources subsequent to the
enactment of this ordinance. Any act required to be performed or prohibited
by the provisions of any such statute, rule or regulation adopted herein by
reference is required to be performed or prohibited by this ordinance.
A law enforcement officer operating a duly authorized winter safety patrol
vehicle, when responding to an emergency call or when in pursuit of an
actual or suspected violator of this
ordinance, need not comply with State law or this ordinance fixing maximum
speed limits when a siren is being sounded and/or such winter patrol
vehicle’s oscillating or flashing blue lights are on and if due regard is
given to the safety of other persons in the vicinity.
(2) Upon the
approach of a duly authorized winter safety patrol vehicle giving an audio
or visual signal, the operator of a vehicle referred to in this ordinance or
an iceboat shall reduce the speed of that vehicle or iceboat to the slowest
possible speed under the circumstances and yield the right-of-way to the
winter patrol vehicle until it has passed.
(3) No person
operating a vehicle or iceboat referred to in this ordinance may refuse to
stop after being requested or signaled to do so by a law enforcement
1.13 CITATION ENFORCEMENT.
The SLPRD hereby adopts and authorizes
the use of a citation to be issued for violations of this ordinance as
provided for in Wis. Stats. §66.0113. Law enforcement officers employed or
contracted for patrolling by the SLPRD may issue citations authorized under
this ordinance. Nothing herein shall be construed to prohibit the SLPRD from
enforcing this ordinance by any other lawful means.
1.14 SEVERABILITY. The
provisions of this ordinance shall be deemed severable and it is expressly
declared that the SLPRD Board of Commissioners would have passed the other
provisions of this ordinance irrespective of whether or not one or more
provisions may be declared invalid. If any provision of this ordinance or
application to any person or circumstance is held invalid, the remainder of
the ordinance and application of such provisions to other persons or
circumstances shall not be affected.
PENALTIES. Any person who violates the provisions of this ordinance shall be
subject to a forfeiture of $50 for the first offense and $100 for the second
and subsequent offences, plus court costs; however, the higher penalties
provided for in Wis. Stats. §§23.33(13)(am) through (13)(f), §346.655,
§350.11(1)(b) through (4), plus court costs shall apply for the violations
of the provisions referred to therein.
1.16 EFFECTIVE DATE. This ordinance shall become effective upon passage
and publication as required by law.
Adopted this 18th day of October,
David F. Berganini, Chairperson
John Behrens, Secretary
Published November 5, 2005
Posted November 12, 2005