proposed ordinance

ORDINANCE NO. 2024- ___

Town of Sevastopol, Door County, Wisconsin

AN ORDINANCE RESTRICTING CERTAIN ARTIFICIAL WAKE ENHANCEMENT

WHEREAS, in the interest of public health, safety, and/or welfare, including the public's interest in preserving natural resources, the Town of Sevastopol (“Town”) has the authority to enact ordinances covering waters within its jurisdiction if the ordinances are not contrary to or inconsistent with Chapter 30, Wis. Stats., and they relate to the equipment, use, or operation of boats or to any activity regulated by Sections. 30.60 to 30.71, Wis. Stats.; and

WHEREAS, there exists within the Town a portion of Clark Lake, a 865 acre lake with an average depth of about 7 feet; and

WHEREAS, the remaining portion of Clark Lake is in the Town of Jacksonport and it is contemplated that Jacksonport will enact an ordinance substantively the same as this for Clark Lake;

WHEREAS, artificially enhanced wakes can cause environmental damage to lakes and lakeshore, including resuspension of sediment adding nutrients to the water and increased risk of algal blooms, turbidity, shoreline erosion, and threats to aquatic life and waterfowl; and

WHEREAS, boats with ballast systems increase the likelihood of aquatic invasive species being introduced and spread on lakes; and

WHEREAS, artificially enhanced wakes can damage shoreline, lake bottom, moored boats, and shoreline structures including docks; and

WHEREAS, operating boats in a stern down manner creates downward prop wash, disturbing the lake bottom far below the wave zone, 20 feet and more below the surface; and

WHEREAS, artificially enhanced wakes can endanger swimmers, anglers, and other watercraft; and

WHEREAS, the use of ballast and wake enhancing fins can cause unsafe operation by causing the bow to rise obscuring vision forward; and

WHEREAS, the Town submitted a draft of this ordinance to the Wisconsin DNR for advisory review at least 60 days prior to passage, pursuant to 30.77(3)(d), Wis. Stats.; and

WHEREAS, the Town Board, after considering public comments and any DNR suggestions,determines that adopting this Ordinance is consistent with all other ordinances of the Town and would promote the public health, safety and welfare, including the public's interest in preserving

natural resources;

NOW, THEREFORE, the Board of Supervisors of the Town of Sevastopol, Door County, Wisconsin, does hereby ordain as follows:

Section 1. Applicability and Enforcement: The provisions of this ordinance shall apply to Clark Lake. This ordinance shall be enforced by all officers of Sevastopol, Door County, Wisconsin and all other individuals empowered to enforce ordinances in this Town.

Section 2.  Certain Artificial Wake Enhancement Prohibited

(1) Prohibited Equipment. No person may use or employ ballast tanks, ballast bags or fins to cause a boat to operate in a bow-high manner, or which increases or enhances a boat's wake.

(2) Prohibited Operation. No person may operate a boat in an artificially bow-high manner having the effect of increasing the boat's wake. Such prohibited operation shall include wake enhancement by use of ballast tanks, or ballast bags, or fins, or continuous operation at transition speed (the speed below planing speed in which a boat is operating in plowing mode).

(3) Certain Operations Excluded. In no event shall any of the following

operations be deemed a violation of this Ordinance, provided such operations do not use or employ ballast tanks, water sacks or wake enhancing fins: i) water skiing, ii) tubing, iii) brief transition operation to empty a boat of bilge water, or iv) brief transition operation of a boat accelerating into a planing condition.

Section 3. Penalty.

(1) Wisconsin state boating penalties as found in s. 30.80, Wis. Stats., and

deposits established in the Uniform Deposit and Bail Schedule established by theWisconsin Judicial Conferences, are hereby adopted by reference, except all references to fines are amended to forfeitures and all references to imprisonment are deleted.

(2) To the extent that the penalty for any violation of this Ordinance is not

provided under Wisconsin state boating penalties as found in s. 30.80, Wis. Stats., anyperson violating this Ordinance shall forfeit $500 for the first offense and shall forfeit $1000 for the second and subsequent offenses within one year. Deposits established inthe WISCONSIN CIRCUIT COURT FEE, FORFEITURE, FINE AND SURCHARGETABLES shall also apply to any violation.

Section 4. Severability. 

Should any portion of this Ordinance or the affected Code Section(s) be held invalid by a court of competent jurisdiction, the remainder shall not be affected.

Section 5. Effective Date. Upon adoption, this Ordinance shall take effect on the day after the date on which both Sevastopol and Jacksonport have passed an ordinance effective to cover Clark Lake, including terms substantially the same as Sections 2-5 of this Ordinance. It is understood

that the Ordinance, to be effective, must also be published and signposted and provided to the DNR as required by law.

Enacted: ______________, 2024 TOWN OF SEVASTOPOL

By ________________________________________________________, Town Chair

CLERK'S CERTIFICATE OF ENACTMENT

Based on Model ordinance for towns wishing to regulate enhanced wakes. Please carefully review and consider requesting review by counsel for the town. Ver. 4.30.24

I hereby certify that the foregoing Ordinance was duly enacted by the Town of Sevastopol Board of Supervisors on the date indicated above.

Dated: , 2024___________________, Town Clerk. 

Published/Posted on , 2024 by _______________.