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Ordinance Restricting Certain Artificial Wake Enhancement:   ORDINANCE NO. 2025-001        Town of Palmyra, Jefferson 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 Palmyra (“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, Blue Spring Lake exists wholly in the town; and 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; and NOW, THEREFORE, the Board of Supervisors of the Town of Palmyra, Jefferson County, Wisconsin, does hereby ordain as follows: Section 1. Applicability and Enforcement: The provisions of this ordinance shall apply to all waters wholly within the Town of Palmyra, Jefferson County, Wisconsin. This ordinance shall be enforced by all officers of Jefferson County, Wisconsin and all other individuals empowered to enforce ordinances in this Town. Section 2. Certain Artificial Wake Enhancement Prohibited   Prohibited Equipment. No person may use or employ ballast tanks, ballast bags or fins, or any other method, to cause a boat to operate in a bow-high manner, or which increases or enhances a boat's wake. 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), and similar methods. For the purpose of this provision, “continuous operation” shall mean “operation that is not acceleration for the purpose of achieving a state of planing”. Certain Operations 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) cruising via pontoons, iv) wake boarding employing a tow rope; v) transition operation to empty a boat of bilge water, or vi)  transition operation of a boat accelerating into a planing condition. Related Current Wisconsin Laws Under Sec 30.68(4)(a), Wis. Stats. No person shall operate a motorboat so as to approach or pass another boat in such a manner as to create a hazardous wake or wash. Under Sec 30.68(4)(b), Wis. Stats. An operator of a motorboat is liable for any damage caused to the person or property of another by the wake or wash from such motorboat unless the negligence of such other person was the primary cause of the damage. Under Sec 30.66(3)(a), Wis. Stats. No person may operate a motorboat within 100 feet of any dock, raft, pier, or buoyed restricted area on any lake at a speed in excess of slow-no-wake. Under Sec 30.66(3)(ag)1, Wis. Stats. No person may operate a motorboat, other than a personal watercraft, at a speed in excess of slow-no-wake within 100 feet of the shoreline of any lake.                                 By adopting this Ordinance, the Town also adopts all of the above Wisconsin Statutes and all other state laws and administrative codes for hazardous wake and water draining/aquatic plant and animal removal.     Section 3.  Penalty. Wisconsin state boating penalties as found in s. 30.80, Wis. Stats., and deposits established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conferences, are hereby adopted by reference, except all references to fines are amended to forfeitures and all references to imprisonment are deleted. To the extent that the penalty for any violation of this Ordinance is not provided under Wisconsin state boating penalties as found in 30.80, Wis. Stats., any person violating this Ordinance shall face a penalty of not more than $500 for the first offense and not more than $1000 for the second and subsequent offenses within one year. Deposits established in the WISCONSIN CIRCUIT COURT FEE, FORFEITURE, FINE AND SURCHARGE TABLES 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 the day after publication or posting.   Ordinance introduced by Board member Martens, who moved its adoption.  Seconded by Board member Sauter.  AYES: Sauter, Martens.  NOES:  Gajewski.  ABSENT:  N/A  ADOPTED:  April 14, 2025.   Enacted: April 14, 2025                    TOWN OF PALMYRA     By    Frank Sauter                                                         Frank    Sauter     , Town Chair                                CLERK'S CERTIFICATE OF ENACTMENT  I hereby certify that the foregoing Ordinance was duly enacted by the Town of Palmyra Board of Supervisors on the date indicated above.   Dated: April 15, 2025              Michele Smith , Town Clerk     Posted on Town of Palmyra website News and Notices:     4/17/25

February 15, 2022 Town Board Meeting Fire/EMS presentation

Feb board meeting   

 

In 1976, the Palmyra Volunteer Fire and Rescue Department became a legal entity in our community.  As a community, Town and Village together, we enjoyed excellent service from this volunteer fire and rescue department. 

In 2003, recognizing the benefits of shared equipment and shared staff, plans began between the Village of Eagle, the Town of Eagle, the Village of Palmyra and the Town of Palmyra to form a joint district with equal representation from each of the four municipalities involved.   However, soon after these plans began, the Village of Palmyra decided having only one fourth representation on a board governing this organization was not sufficient for them, and they pulled out of any plans to consolidate.   At this point, the entire plan was dropped.   The Palmyra Volunteer department continued as usual. 

In Wisconsin, only Towns are required to provide EMS protection—cities and villages are not.  Villages and cities above a certain size are required to provide fire protection. Because of its small size, the Village of Palmyra is not required to provide fire protection.   

In 2011, the Village Board decided they wanted to have complete control of the volunteer department and they pulled out of the agreement that governed the existing department.  This left the Town in the position of having to scramble to provide the statutorily required fire and EMS protection, and the decision was made to contract with the village for that protection.  They did this via the 2012 contract—a contract which was poorly written from the Town’s perspective.

For the past 10 years, this has been the contract under which the Town has received services.  For the first several years, the service provided by the Village was of very questionable quality. Neighboring departments were responding to an inordinate number of calls when the Village had no available staff, and they were beginning to become tired of the situation.  It was not until the Village was able to hire James Small that things began to improve.   Chief Small has managed to salvage a failed department and under his direction,  the service has definitely improved.  

Al Larson—discussion of 2012 contract and village’s failure to follow it. 

Much has been said about a new contract between the Town and the Village.  Late last year, the Village created a draft contract which they later insisted the Town must sign.  However, they never presented it to the Town according to the requirements of the existing Contract.  Instead, a Village Board member and an unnamed person gave it to the grandson of one of the Town Board members, at that Town Board member’s home.  The Village Board member later telephoned the Town Board member and stated that they had left an envelope with the grandson and it was a proposed contract with some “additional” stuff.  That town board member took it to the Town Fire and EMS Committee for their perusal. 

The Fire and EMS Committee read the draft contract, made financial and text changes and sent those changes to the Village, expecting this to be the beginning of negotiations.  Soon after, the Village Board held a special meeting and invited a representative of the Town Board to the meeting.  At that meeting, a Village Board member stated that there would be no negotiations.  We were told that The contract left at the Town Board member’s home was meant to be a “take it or leave it” contract.  One of the clauses in this proposed contract alleviates the Village of responsibility if they cannot provide service due to (among other things) a lack of staff.  Another clause requires the Village to provide services to the Town at the same level as the services provided to the Village.  As I explained earlier, the Village is not legally required to provide Fire or EMS service, but the Town is.  Should the Village become unable for whatever reason to provide service to their own residents, the Village would not bear the legal burden, but the Town would.  So, in the very unfortunate circumstance that the Village for some terrible reason became unable to provide the contracted services, the Town would be in a precarious position.  Another sticking point was the fact that this contract would have resulted in the Town paying $185 per resident—one of the highest in the state, while the Village paid $121 per resident.   The Town receives approximately 1/3rd of the Village Fire and EMS services while the Village receives 2/3rds. 

Thus, the Town Fire and EMS Committee began exploring other options for Fire and EMS service.  We have learned a lot in a few short months, the most important being that today small, stand-alone departments are becoming less and less viable.  This is a situation all over Wisconsin and indeed all over the Nation.   Staffing is the critical issue today.  Consolidation allows for shared staff and shared equipment.  

The Town’s Fire and EMS Committee have been in talks with the Kettle Moraine Fire District and I stress that these are only “talks”.  We have also spoken with both Whitewater Fire Department and Rome Fire Department—once again, only talking. 

These talks all involve having staff and equipment either in or near the Village.  At this point, we are considering possible sites, and since these sites involve negotiations, they are not public at this time. 

That brings me to a much-misunderstood issue of something being called “ISOs”.   “ISO” stands for “Insurance Services Office” and it is a for-profit company, owned by “Verisk” that has created a Fire Suppression Rating Schedule to create a “fire score” or a “Public Protection Classification”.  This score indicates how well protected your community is by the fire department.   Since there are various things considered when arriving at this rating score, a score can change by various things in the community.   Water supply is a large factor in arriving at the score, so a department in a community with fire hydrants may score better than one in a community without hydrants.   If the Town were to contract with a different district or department, their ISO rating might change depending on the resources in our own community.   Some insurance companies purchase this information and use the ISO rating to different degrees when determining fire insurance rates, but not all do.  State Farm, for one, does not use them at all.   Most of us have policies that cover losses other than fire and things like storm damage rates would not be affected by these ISO ratings.   We have a couple of links on our website with information on this subject, and there are some print copies here.   If you have questions about your insurance rates and how your insurance policy and rates are affected by ISO ratings, the person you should speak with is your own insurance company representative.