2004-230
ORDINANCE NO. 2004 - 230
An ordinance regulating and temporarily prohibiting, upon certain conditions, the operation of any boat upon
the waters of the Rock River, its tributaries and flood plains lying solely within the City of Janesville, with a
penalty for violations thereof aforfeiture and other relief as set forth in Wis. Stats. § 30.80, as from time to time
renumbered, amended or revised, together with the costs of prosecution thereof
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Current Section 12.60.440 of the Code of General Ordinances of the City of Janesville is
hereby renumbered 12.60.460 and amended to read as follows:
"12.60.460 Violation--Penalty. A. Any person who violates any provision of this
Chapter, except Sections 12.60.170 B., 12.60.420, and 12.60.440 or any of the rules and regulations prescribed,
shall pay to the City a forfeiture of not less than ten dollars ($10) nor more than five hundred dollars ($500),
together with the cost of prosecution for each offense, and each day during which any such violation continues
shall be deemed a separate offense. In default of the payment of such penalty, the violator shall be imprisoned
in the county jail for not less than one day nor more than thirty (30) days.
B. Any person who violates any provision of Sections 12.60.170 B. and 12.60.420 shall pay a
forfeiture of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), together with costs of
prosecution, and in default in payment thereof shall be imprisoned in the county jail not less than ten days nor
more than sixty days.
C. Any person violating any provision set forth in Section 12.60.440, as and for a penalty therefore,
shall pay a forfeiture to the City of Janesville in accord with Wisconsin state boating penalties as found in Wis.
Stats. § 30.80 (2001-2002), and the deposits as established in the Uniform Deposit and Bail Schedule
established by the Wisconsin Judicial Conference, both of which are incorporated herein by reference as if fully
set forth verbatim and both of which may be from time to time renumbered, amended or revised."
SECTION II. A new Section 12.60.440 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"12.60.440 Rock River Closure - Boatin2; Prohibited. A. No person shall operate a
boat as defined in Wis. Stats. § 30.50(1) (2001-2002), as from time to time renumbered, amended or revised, or
other motorized water craft upon a part or all of the waters of the Rock River, its tributaries and flood plains
contained solely within the City of Janesville over such area(s) of said river specifically designated from time to
time, and at any time, as temporarily prohibiting boats and boat use by the Director of Leisure Services and/or
his/her designee(s) in the event such public official has found one or more of the following:
1. High or low water level(s) such that use of a boat at any speed would or could cause damage
to person(s) and/or to abutting properties.
2. Emergency conditions.
3. Special maintenance, repair, construction or related and authorized public or private projects.
4. Public shows, demonstrations and related community events which have received prior
approval by the appropriate governmental unit and for which the temporary closure of a part
or all of the Rock River is required for public safety purposes.
B. The closure shall be posted as required by state law, on the banks of the Rock River at all City of
Janesville public access points affected by such closure, and by Type I public press release.
C. Exempt from the prohibitions and regulations of this ordinance are boats and other water craft
operated by Law Enforcement or on governmental business.
D. Incorporated herein by reference as if fully set forth verbatim are the provisions, requirements,
prohibitions and regulations set forth in Sections 25.01 through and including 25.06 of the Code of Ordinances
of the County of Rock, as from time to time renumbered, amended or revised. Each and every provision,
requirement, prohibition and regulation set forth in such County Ordinances is required and/or prohibited by
this ordinance. A violation of any such County Ordinance is a violation of this City ordinance. The City's
ordinance is in addition to and not in lieu of the County's Ordinances.
E. This and related City ordinances applying to activities upon or under the Rock River shall and
may be enforced by the Janesville Police Department, the Rock County Sheriffs Department and State DNR
Wardens, and their respective deputies.
F. The Common Council of the City of J anesville in enacting this ordinance hereby find that each
and every of the above reasons for closure from time to time and at any time of a part or all of the Rock River
within the City of Janesville to boats and other motorized watercraft are in the interest of the public's health,
welfare, safety, peace and/or good order, and consistent with the intent and scope of Wis. Stats. § 30.77 (2001-
2002) as from time to time renumbered, amended or revised."
SECTION III. Section 12.60.450 of the Code of General Ordinances of the City ofJanesville is hereby
amended to read as follows:
"12.60.450 Boat ramp closing. A The Director of Leisure Service and/or his/her
designee(s) is authorized to close boat ramps in the parks and any other boat ramps owned or operated by the
City during periods of high or low water, or any time an ordinance enacted by a contiguous township or the
County controlling water traffic during periods of high or low water is in effect. No person shall use such a
boat ramp when a sign is posted stating the ramp is closed. "Periods of high water" as used in this ordinance
means any time that the level of the Rock River reaches the bottom of the red color band on the water gauge
pole located in the Rock River in the vicinity of the boat ramp at Traxler Park.
B. The Director of Leisure Services and/or his/her designee(s) is authorized from time to time and
at any time to designate Slow No Wake zones in the Rock River when the level of the Rock River reaches the
bottom of the yellow color band on the water gauge pole located in the Rock River in the vicinity of the boat
ramp at Traxler Park. No boat or other motorized water craft may operate contrary to such designations or the
provisions of this ordinance.
C. All other provisions set forth in Janesville General Ordinance Section 12.60.440 are incorporated
herein by reference as if fully set forth verbatim including, but not limited to, law enforcement agencies that
may enforce this ordinance, exemptions and County Ordinance incorporation."
ADOPTED:
November 22, 2004
APPROVED:
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Steven E. Sheiffer, City Manager
ATTEST:
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Jean Arîn Wulf, City Clerk-Treasurer
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APPROVED AS TO FORM:
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City Attorney
Proposed by: Council President Russ Steeber
Prepared by: City Attorney and Leisure Services
Director
Ord dratì!river rock closure ordinance
MOTION BY: Williams
SECOND BY: Addie
COUNCILMEMBER AYE NAY PASS ABSENT
WELLNITZ, Tim X
BRIEN X
WILLIAMS X
WELLNITZ, Tom X
STEEBER X
DeGARMO X
ADDIE X