Municipal Code – Chapter 21 – Sec. 21.02. – Winter regulations.
(a) Intent. It is the intent of this subsection to provide the basic guidelines and parameters for the safe and healthful use of any conduct of activities on Pewaukee Lake during periods when the lake is frozen or partially frozen, subject to the grant of authority under Wis. Stats. § 30.81.
(b) Applicability and enforcement. The provisions of the Pewaukee Lake Winter Regulations and previously enacted winter regulations, not inconsistent with this chapter, shall apply to the icebound water of Pewaukee Lake, within the jurisdiction of the Town of Delafield, City of Pewaukee or Village of Pewaukee. The provisions of this chapter and Wisconsin Statutes, when applicable, shall be enforced by the officers of the water safety patrol unit of the joint jurisdiction of the Town of Delafield, City of Pewaukee and Village of Pewaukee, under the direction of the Village of Pewaukee Police Chief as the Chief of the Pewaukee Lake Water Safety Patrol; the Waukesha County Sheriff’s Department and the Wisconsin Department of Natural Resources.
(c) State offenses adopted.
(1)Whenever an incident within the provisions of current or future Wis. Stats. Chs. 939 to 948, §§ 86.06, 86.192, 134.66, 254.92, 961.472, and 961.571—961.577, occurs upon the water or ice of Pewaukee Lake, below the ordinary high water mark as that is defined by NR § 322.03(8), Wis. Adm. Code, the Village of Pewaukee Police Department shall investigate and provide police services regardless of the jurisdictions of the town or city over that portion of the lake where the incident occurred.
(2) All municipal citation tickets shall be returnable to the Village of Pewaukee Municipal Court, regardless of the jurisdiction of the municipality where the incident occurs on Pewaukee Lake.
(d) Definitions of selected words and terms.
Activities and events. Shall include, but not be limited to, sporting events, fisheries, ice boat races, exhibitions and vehicle races.
ATV; all-terrain vehicle. Any engine driven device as defined in Wis. Stats. § 340.01(2g), and any other multi-axle, two-, three- and four-wheeled vehicles, or combination wheel and track (runner) vehicles not otherwise defined herein, powered by a small motor(s) or fan and designed to be operated on snow, ice, grass, dirt, gravel, sand and wetland whether required to be licensed by state law.
Automobile. Any motor vehicle as defined by Wis. Stats. § 340.01(4), and including minivans.
Ice boat. A sailboat-like structure with runners or wheels intended to be wind powered on a solid surface.
Ice shanties. Those structures parked or erected on the ice for use as warming buildings and ice fishing shelters and not including RVs, trucks and automobiles.
Motor truck. Any motor vehicle as defined by [Wis. Stats.] § 340.01(34) and including pickup trucks, regular size vans and combination automobile/trucks.
Motorcycle. Any motorized vehicles as defined by [Wis. Stats.] § 340.01(32) and including motorized bicycles and scooters.
RV; recreational vehicle. Means any recreational vehicle as defined by Wis. Stats. § 340.01(29), (6m) and (33m), designed or constructed to operate either under their own power or towed and designed to be used for temporary habitation.
Snowmobile. Means any engine drive vehicle as defined in Wis. Stats. § 340.01(58a).
Vehicles. Includes all the above vehicles plus any other vehicle powered by motor or wind.
(e) Driving automobiles or other motor driven vehicles on the ice. Except as otherwise specifically provided in the Pewaukee Lake Winter Regulations, the current and future statutory provisions of Wis. Stats. Chs. 110, 340 to 348 and 350, and Wis. Adm. Code Trans. 305 describing and defining regulations with respect to vehicles and traffic, exclusive of any provisions relating to penalties to be imposed and exclusive of any regulation for which the statutory penalty is a term of imprisonment, and exclusive of rules pertaining to federal motor carrier safety standards, are adopted and by reference made part of the Pewaukee Lake Winter Regulations as if fully set forth herein. Any act required to be performed or prohibited by any current or future statute incorporated herein by reference is required or prohibited by this chapter, unless conflicting with this winter regulations.
(f) Designation of Pewaukee Lake zones. There shall be designated two zones on Pewaukee Lake as follows:
(1) Shore zone. All area of the lake between the lakeshore and a point 500 feet distance from the lakeshore.
(2) Lake zone. All area of the lake more than 500 feet from each and all shores of Pewaukee Lake.
(3) Regulation within the shore zone.
a. Maximum speed. Maximum speed limit within the shore zone shall be ten miles per hour for all vehicles.
b. Activities and events. Activities and events within the shore zone are limited to those requiring no motor or wind powered vehicle.
c. Parking. All vehicles, except ice boats, are prohibited from parking within the shore zone between 1:30 a.m. and dawn. Ice boats shall be securely tethered at a dock or at the shore and outside of traveled lanes.
(4) Regulation within the lake zone.
a. Speed limit. Maximum speed limit within the lake zone shall be as follows:
1. Ice boats. No ice boat shall be operated at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing.
2. Snowmobiles. 50 miles per hour in daylight and 25 miles per hour at night.
3. ATVs. 35 miles per hour in daylight and 25 miles per hour at night.
4. Other vehicles. All other vehicles including, but not limited to, automobiles, motor trucks, RVs and motorcycles, other than ice boats, snowmobiles or ATVs – 20 miles per hour.
5. Maximum. No vehicle may be operated anywhere on Pewaukee Lake over the speed of ten miles per hour within 200 feet of an ice shanty, parked vehicle or person.
b. Activities and events. Activities and events within the lake zone featuring motorized vehicles of any type are prohibited.
c. Parking. Parking of all vehicles is prohibited within the lake zone between the hours of 1:30 a.m. and dawn. In addition, no vehicle may be parked unattended within the lake zone.
(g) General regulations of vehicle operation in both shore and lake zones.
(1) No vehicle may be operated anywhere on Pewaukee Lake between the hours of 1:30 a.m. and dawn.
(2) All vehicles shall avoid and may not operate on cleared skating areas and in areas where prohibited and/or events are being held.
(3) No person shall use or operate any vehicle in any manner so as to endanger persons on the ice.
(4) No person while operating a vehicle shall push, pull or tow any person on skates or skis.
(5) No person while operating a vehicle shall push, pull or tow any device whether occupied or unoccupied unless such device is attached by a rigid tow bar to the frame of the towing vehicle. Such devices shall include, but not be limited to, sleds, toboggans and inner tubes.
(6) No person shall operate any motorized vehicle in an erratic, free-wheeling manner, all maneuvers including, but not limited to “wheelies,” “donuts,” “Skating” the vehicle, “spinning out” and wheel spinning are specifically prohibited on Pewaukee Lake.
(7) Excluding municipal and emergency personnel, no person shall operate any propeller or fan driven surface vehicle on Pewaukee Lake.
(8) No person shall operate any internal combustion powered vehicle which is not properly equipped with a muffler and shall, generally, operate in a manner so as not to create excessive noise.
(9) No person shall operate any motorized vehicle during the period beginning one-half hour after sunset and ending at dawn, unless equipped with and using adequate operating headlights and taillights.
(10) No person shall throw, place or permit to remain on or below the surface of Pewaukee Lake any glass, earth, stones, grass, brush, leaves, petroleum product, garbage, excrement, refuse, waste, filth or other litter.
(h) Ice shanties.
(1) No ice shanty may be placed or left on the ice after March 5 or before December 1, unless a shorter period is ordered by the chief of the lake patrol. Any ice shanty placed or left in violation of this regulation shall be impounded and the owner fined as stipulated herein.
(2) Ice shanties shall at all times display a red light reflective material of at least nine square inches in size on all sides approximately three and one-half [inches] from the bottom of the shanty and visible from 100 feet away.
(3) Ice shanties or shelters left on the lake overnight shall display the name, address and phone number of the owner on or near the door or entryway on the exterior of the shanty.
(4) Ice shanties shall be constructed of materials which will not be destroyed or quickly deteriorated by wind and rain.
(i) Ice cutting.
(1) Holes cut, augured or chiseled in the ice for purposes of fishing shall be no larger than 12 inches in the largest dimension.
(2) Holes cut, augured or chiseled in the ice for purposes of diving may be larger than 12 inches in the largest dimension, but such holes must be clearly marked with light reflective markers and when not in use, the ice replaced in the hole and markers placed until the hole freezes solid and is not a hazard.
(j) Winter lake patrol designated. Any officer of the Pewaukee Lake Water Safety Patrol has authority to issue citations and, when warranted, to arrest a person for violation of the Pewaukee Lake Winter Regulations or applicable Wisconsin Statutes and shall either permit such person to make a money deposit as provided in an approved bail/deposit schedule per Wis. Stats. § 30.80, or bring the person arrested before the Village of Pewaukee Municipal Court or Waukesha County Circuit Court, as the case may be, without unnecessary delay. Deposits may be made by mail or delivery to locations designated by the Chief of the Water Safety Patrol. All municipal citation tickets shall be returnable to the Village of Pewaukee Municipal Court, regardless of the jurisdiction of the municipality where the incident occurs on Pewaukee Lake.
(k) Special events, risks and liabilities. No specific sporting event, fisheree, ice boat race or exhibition shall be conducted on Pewaukee Lake unless such event has been authorized and a permit issued in writing by the chief of the water safety patrol for such activity or event. There is no cost for a permit for a one-time only event, but for an activity or event reoccurring through the ice season, there shall be a one-time $20.00 permit fee. The permit application shall specify the course or area of the lake to be used by the participants in such events and the permittee shall be required to place markers, flags or other similar devices approved by the chief of the water safety patrol to designate the specific event area or course. Permits shall only be issued if, in the opinion of the chief, the proposed use of the ice can be carried out safely and without danger to or substantial obstruction of other persons and craft using the ice. Permits shall be valid only for the hours and areas specified therein.
(Ord. No. 2010-09, § 1, 4-7-2010)
