Slow-No-Wake Ordinance for Fox River
Town of Rushford, Winnebago County, State of Wisconsin
SECTION I - TITLE AND PURPOSE
This ordinance is entitled the Town of Rushford Slow-No-Wake Ordinance for the Fox River. The purpose of this ordinance is to establish slow-no-wake sections of the Fox River within the jurisdiction of the Town of Rushford as designated by regulatory buoys clearly marking the Slow-No-Wake Controlled Areas. This ordinance regulates boating upon these waters and prescribes penalties for violation thereof. Adoption of this ordinance shall repeal and replace the Ordinance #4 adopted June 7th 1977.
SECTION II – APPLICABILITY AND ENFORCEMENT
A. The provisions of this Ordinance shall apply on the main channel of the Fox River located between the following GPS coordinates:
1. Controlled Area 1 - Lock Area (1,804.2 ft or 0.34 mi)
a. N 43° 59.760', W 88° 52.214'
b. N 43° 59.887', W 88° 52.108'
c. N 43° 59.967', W 88° 51.949'
2. Controlled Area 2 - Eureka Bridge Area (1,904 ft or 0.36 mi)
a. N 44° 00.239’, W 88° 50.785'
b. N 44° 00.370', W 88° 50.550'
c. 44° 00.448', 88° 50.469'
3. Controlled Area 3 - Delhi Area (1,991.5 ft or 0.38 mi)
a. N 44° 01.487', W 88° 48.317'
b. N 44° 01.437', W 88° 47.869'
B. This Ordinance shall be enforced by the law enforcement officers or constables of the Town of Rushford and any State or County law enforcement official.
SECTION Ill – INTENT AND AUTHORITY
A. The intent of this ordinance is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interests, and the capability of water resources.
B. This ordinance is adopted pursuant to §30.77(3)(a), Wis. Stats., which authorizes any Town, Village or City, to adopt, in the interests of public health, safety or welfare, local regulations not contrary or inconsistent with Chapter 30, Wis. Stats., relative to the equipment, use or operation of boats or relative to any activity regulated by §30.60 to 30.71, Wis. Stats.
SECTION IV – STATE BOATING AND SAFETY LAWS ADOPTED
State boating laws as found in §30.50 to 30.71, Wis. Stats., are adopted by reference.
SECTION V - DEFINITIONS
A. "Slow-No-Wake" means that speed at which a boat moves as slowly as possible while still maintaining steerage control.
B. "Person" includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any other legal entity.
C. "Operate" means to navigate or otherwise use a watercraft.
D. "Watercraft" means any contrivance used or designed for navigation on water.
E. “Regulatory Buoy” means a white buoy with a single orange band at the top and bottom of the exposed buoy. A control symbol is spaced between these bands and is also orange in color. Any wording or message shall be in black letters.
F. “Controlled Area” as defined in Section II is designated by regulatory buoys. For a Controlled Area the control symbol is an open circle.
SECTION VI – HOURS OF OPERATION AND EXCEPTIONS
A. The Town of Rushford and its designees shall be responsible for the placement and maintenance of regulatory buoys that will mark the Controlled Area.
B. No person shall operate a watercraft faster than slow-no-wake in the waters of the Controlled Area at any time.
C. The following shall be exempt from the provisions of this ordinance: authorized resources management personnel, emergency personnel, and enforcement personnel, when acting in the performance of their duties.
SECTION VII – POSTING REQUIREMENTS
The Town of Rushford shall place and maintain a synopsis of this Ordinance at all public access points within the jurisdiction of the Town pursuant to the requirements of NR 5.15, Wis. Adm. Code.
SECTION VIII - PENALTIES
Wisconsin state boating penalties as found in Wis. Stat. 30.80, and deposits as established in the Uniform Deposit and Bail Schedule established by the Wisconsin
Conference, and hereby adopted by reference and all references to fines amended
to forfeitures and all references to imprisonment deleted.
SECTION IX - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals.
Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Reference to a "section," "subsection," or "paragraph" includes all divisions of the referenced section, subsection, or paragraph.
SECTION X - SEVERABILITY
The provisions of this ordinance shall be deemed severable and it is expressly declared that the Town of Rushford Board would have passed the other provisions irrespective of whether or not one or more provisions may be declared invalid. If any provision of the ordinance or the application to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected.
SECTION XI - EFFECTIVE DATE
This ordinance is effective on publication or posting. The town clerk shall properly post or publish this ordinance as required under s. 60.80, Wis. stats.