Chapter 120
§ 120-1. Purpose,
authority, and applicability.
§ 120-2. Pemble's Access.
§ 120-3. Cove Boat
Ramp.
§ 120-4.
Violations and penalties.
[HISTORY: Adopted by the Town Board of the Town of
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§ 120-1. Purpose, authority, and applicability.
This chapter, enacted to protect the health, safety and welfare of the residents of the Town of Troy, and pursuant to §§ 346.55, 346.56, and 349.13, Wis. Stats., shall govern use, parking, conduct, and activities exclusively on and near the following river access recreational facilities located in the Town of Troy:
A. The Town facility off of
B. The Town facility near the intersection of
§ 120-2. Pemble's Access.
A. Pemble's Access Purpose and Use
Pemble’s Access is a Town of Troy seasonal recreational facility providing limited, “carry in access” for watercraft to the St. Croix River, with activities on the site limited to day use for sun bathing, swimming, picnics and the launching of such non-motorized watercraft as can be carried over the beach to the water (canoes, kayaks, etc,). Launching boats from trailers is prohibited. Boat trailers are not allowed in the Pemble's Access area.
(1). Persons swimming in the river off the Pemble’s Access area do so at their own risk. There is no lifeguard on duty.
(2). Motorized watercraft of any type including personal watercraft (jet skis), shall not be beached on the Pemble's Access property.
(3). Entrance to the Pemble's Access area is restricted by a gate which shall be opened and closed exclusively by an agent or employee of the Town of Troy, or by the contiguous landowners. No other person(s) shall open or close the gate.
B. Season and Hours of Use
Pemble’s Access shall be open to the public daily from Memorial Day through Labor Day, and on Saturdays and Sundays during May and September. Hours are from 10:00 am to 9:00 pm Memorial Day through Labor Day, and from 11:00 am to 7:00 pm before Memorial Day and after Labor Day. Pemble’s Access shall be closed from October 1st through April 30th.
C. Parking
(1). Parking in the immediate Pemble's Access area and on Town roads within one mile of Pemble's Access shall be subject to the regulations imposed by this ordinance.
(2). The 16 marked public parking spaces at Pemble’s Access shall be available on a first come, first served basis. No public parking shall be allowed anywhere else on the Pemble's Access property.
(3). All vehicles shall be parked in such a manner that they do not obstruct access to the river by emergency vehicles.
(4). Two parking spaces in the Access area are reserved and shall be clearly identified as being for the exclusive use of the contiguous landowners. Such spaces are located near the gates that provide access to the respective adjacent properties and shall be posted as not being available for use by the general public.
(5). Campers, buses, and vehicles with trailers shall neither enter the Pemble’s Access area nor park therein.
(6). No parking is allowed, and vehicles shall be subject to citation and towing as set forth in Section 120-4 of this ordinance, in areas designated as follows.
a. The dead-end road to Pemble's Access, from
the gated entrance at
b. The space directly in front of the access gates to the two adjacent landowners' property in the beach area of the Access.
c. Both sides of
D. Use Fees
Fees, if any, for use of Pemble's Access may be set by separate action of the Town Board. The fee amounts, if any, shall be posted on signs at the Access. Fees may be periodically adjusted by the Town Board.
E. Other Regulations and Prohibited
Activities
The following activities and/or behaviors are regulated or prohibited everywhere in the Pemble’s Access area, including the access road:
(1). Alcoholic Beverages and Illegal Drugs: No person shall consume, or possess any open containers of, intoxicating liquors or fermented malt beverages. No person shall use, consume, or possess any illegal drugs or other illegal substances.
(2). Weapons/Firearms: No person shall have in his/her possession or
control any dangerous weapons as defined in
(3). Natural Features and Wildlife: No person shall damage, destroy, or deface any natural growth, or archaeological feature, or harass wildlife in any manner.
(4). Personal Conduct: No person shall be intoxicated or engage in violent, abusive, loud, boisterous, lewd, indecent, wanton, obscene or otherwise disorderly conduct tending to create a breach of the peace or to disturb others. No nudity is allowed.
(5). Noise Restrictions: No person shall operate any sound device, loudspeaker, remote control airplane or other equipment, “race” engine motors or generate noise by any other means in a manner that tends to create a breach of peace or to disturb others.
(6). Use of Beach: No person shall possess or consume any food or beverage, or use any soap, detergent, or shampoo in the waters of the beach area.
(7). Property of Others: No person shall damage, destroy, or steal the property of others.
(8). Refuse, Littering, Use of Glass: No person shall discard or leave any refuse, sewage or waste on the grounds of the Pemble's Access area, including in the waters of the beach area. Only designated receptacles shall be used to hold and store waste or litter. No glass containers of any sort are allowed.
(9). Pets: No person shall enter Pemble’s Access with a pet of any kind. This includes but is not limited to dogs, cats or horses other than assistance service dogs.
(10). Vehicles: No person shall operate dirt bikes, ATVs, snowmobiles, or similar vehicles. No motorized boats or personal watercraft shall be beached anywhere at Pemble’s Access.
(11). No Fires: No person shall start or maintain a fire or burn anything.
(12). No Overnight Camping: No person shall be allowed on the Pembles Access property for any reason except during the hours specified in Section 120-2.B. of this ordinance.
(13). Trespassing: No person shall go beyond the boundaries of the Pemble's Access area as marked by fences and “No Trespassing” signs without permission of the affected landowner.
(14). Fireworks: No person shall possess or use fireworks at Pemble’s Access.
§ 120-3. Cove Boat Ramp.
A. Cove Boat Ramp Purpose and Use
The Cove Boat Ramp is a Town of
B. Hours of Use
Cove Boat Ramp shall be open to the public daily from 6:00 am to 9:30 pm, year-round. Use of the Cove Boat Ramp from 9:30 pm to 6:00 am is prohibited
C. Parking
(1). Parking in the immediate Cove Boat Ramp area and on Town roads within one mile of the Cove Boat Ramp shall be subject to the regulations imposed by this ordinance.
(2). There are 12 marked public parking spaces (referred to herein as "Designated Parking Spaces") exclusively for Boat Ramp users that are located along the access road to the Cove Boat Ramp and along South Cove Road adjacent to the Boat Ramp access road.
a. One of the twelve Designated Parking Spaces shall be restricted for use by handicapped persons and marked accordingly.
b. All Designated Parking Spaces shall be available on a first come, first served basis.
c. All vehicles, with or without trailers, that park in any of the Designated Parking Spaces shall display proper proof as defined herein of having paid the appropriate daily or annual fee for use of the Cove Boat Ramp.
(3). There shall be no parking of vehicles, with or without boat trailers, on any Town road within one mile of the Cove Boat Ramp except in the Designated Parking Spaces or unless otherwise indicated as being permitted by posted signs to that effect.
(4). There shall be no overnight parking of vehicles in any Designated Parking Space, with or without trailers.
(5). The Town of Troy may post signs regulating parking on Town roads within one mile of the Cove Boat Ramp to notify the public of the applicable parking regulations.
D. Boat Ramp Permit Fees
(1). Persons using the Cove Boat Ramp river access in any manner shall pay a fee on an annual or daily basis, regardless of whether they also use a Designated Parking Space. It is in violation of this ordinance to use the Cove Boat Ramp for any purpose without first having paid the required fee.
(2). Fees for annual and daily use of the Boat
Ramp shall be set by the Town Board and approved by the Wisconsin Department of
Natural Resources. Current annual and
daily fee amounts shall be posted at the Boat Ramp. Fees may be adjusted by the Town Board with
the approval of the DNR. Different fees
may be charged to Town residents than to non-residents. For this purpose, a Town resident is a person
who either has their primary residence in the Town of
(3). Annual use permits shall be available for
purchase at the Town Hall, the
a. If the permit is for a boat trailer, the permit sticker shall be permanently affixed to the left side of the trailer tongue so as to be clearly visible when standing at the left front of the trailer.
b. If the permit is for a vehicle that does not use a boat trailer to launch watercraft into the river, such as by transporting boats with roof top carriers, or by any means other than by trailer, the permit sticker shall be permanently affixed to the left side of the rear bumper of the vehicle so as to be clearly visible when standing at the left rear of the vehicle. The owner of any such vehicle shall obtain a separate permit for any boat trailer the vehicle tows to the Cove Boat Ramp.
c. Annual permits are for a single vehicle and/or trailer. Annual permit stickers shall not be switched from one vehicle to another, from a vehicle to a trailer, or from a trailer to a vehicle.
(4). Daily use permits shall be available for purchase at the Cove Boat Ramp by using a “drop box” and envelopes.
a. Daily permit envelopes function as the permit application and shall be fully completed. Permit purchasers shall provide the date, time, name, address, vehicle license number, and make of vehicle on the permit envelope.
b. After removing the pre-numbered stub, the completed daily permit fee envelope with fee enclosed shall be deposited in the drop box by the permit applicant.
c. The pre-numbered tear off stub from the daily permit envelope shall be displayed inside and on the left side of the vehicle's dashboard in a position clearly visible from outside of the vehicle while it is parked in a Designated Parking Space.
d. Daily use permits are for single vehicle and trailer, or for a single vehicle.
E. Permitted Uses and Activities at the
The use of the Cove Boat Ramp facility, including the ramp, dock, gangway and surrounding area is limited to those persons possessing a valid permit for the purpose of launching or retrieving watercraft or for equivalent access in winter months for ice fishing.
F. Regulations and Prohibited Activities
The following activities and/or behaviors are regulated or prohibited anywhere in the Cove Boat Ramp facility area including the ramp, dock, gangway, surrounding area and access road:
(1). Pets are permitted, but shall be leashed at all times. Owners shall promptly clean up after pets.
(2). There shall be no power launching or retrieving of watercraft. No person shall operate a watercraft engine at speeds in excess of “slow-no wake” while a watercraft is being launched from or retrieved onto a trailer.
(3). The dock and gangway shall be used only for activities directly related to authorized short-term loading and unloading of watercraft. All other activity is prohibited. In particular:
a. Use of the dock and Boat Launch area from the water by river traffic/watercraft without a Cove Boat Ramp permit is prohibited.
b. Mooring of any watercraft to the dock for more than 30 minutes is prohibited.
c. Use of the dock for sunbathing, loitering, fishing, as a base for water skiing, or any activity not associated with launching or retrieving a boat or ice fishing is prohibited.
(4). Trailers and vehicles shall be kept on the concrete boat ramp at all times while launching or retrieving watercraft.
(5). No person shall drive any vehicles, including ATV's, motorcycles, and dirt bikes, in any area off of the access road or off the concrete boat ramp.
(6). No person shall operate a snowmobile on any part of the Cove Boat Ramp river access property.
(7). No person shall consume, or possess any open containers of, intoxicating liquors or fermented malt beverages. No person shall use, consume, or possess any illegal drugs or other illegal substances.
(8). No fires, camping, or picnics are permitted.
(9). No swimming or sunbathing is allowed.
(10). No fishing is allowed from the dock, gangway or launch areas. River access at the Cove Boat Ramp for ice fishing in the winter is allowed.
(11). Personal Conduct: No person shall be intoxicated or engage in violent, abusive, loud, boisterous, lewd, indecent, wanton, obscene or otherwise disorderly conduct tending to create a breach of the peace or to disturb others. No nudity is allowed.
(12). Noise Restrictions: No person shall operate any sound device, loudspeaker, remote control airplane or other equipment, race engine motors of vehicles or watercraft, or otherwise generate noise by any other means that would tend to create a breach of peace or disturb others.
(13). Refuse, Littering, Use of Glass. No person shall discard any trash, refuse, sewage or waste on the ground or in the water in the Cove Boat Ramp area. No glass containers of any sort are allowed in the Cove Boat Ramp area.
(14). Trespassing: No person or their pet shall go beyond the bounds of the Cove Boat Ramp area as marked by fences and “No Trespassing” signs without the permission of the adjacent landowner.
(15). Weapons or
Firearms: No person shall have in
his/her possession or control any dangerous weapons as defined in
(16). Removal Rip Rap/Property Damage. No person shall remove rip rap, rocks, trees, vegetation, or any other components from the Cove Boat Ramp property and facilities, or otherwise damage or deface any portion of the Cove Boat Ramp property and facilities.
(17). Persons operating watercraft of any type shall comply with all Wisconsin Boating Regulations in their use of the Cove Boat Ramp and facilities.
§ 120-4. Violations and penalties.
Any person who shall violate any provision of this ordinance shall be subject to the following actions:
A. Parking Violations.
(1). Pemble's Access:
a. Vehicle owners will be assessed the penalty specified in the Town’s Citation Ordinance for a parking violation that is the first offense in the preceding twelve months when their vehicle is parked in an area or manner that violates this ordinance.
b. Vehicle owners shall be assessed the penalty specified in the Town’s Citation Ordinance, and their vehicle may be towed at the owner's expense, including storage fees, for the following parking violations on the Pemble's Access river access property or on Glenmont Road within one mile of Pemble's Access:
i. For parking in an area or manner that violates this ordinance for a second or subsequent offense during the same twelve months;
ii. For parking in any area posted as a "towing zone";
iii. For parking that clearly blocks the passage of emergency vehicles, egress of previously parked vehicles or access of adjacent landowners to their property;
iv. For unauthorized parking in any parking space reserved for adjacent landowners pursuant to §120-2.C.(4); and
v. For parking which creates an otherwise reasonable and articulable threat to public safety.
(2). Cove Boat Ramp:
a. Vehicle owners will be assessed the penalty specified in the Town’s Citation Ordinance for a parking violation that is the first offense in the preceding twelve months for parking violations that occur on the Cove Boat Ramp river access property, on the dead-end access road or on any Town road within one mile of the Cove Boat Ramp:
i. For any vehicle or trailer parked in a Designated Parking Space without displaying the required proof of having paid the appropriate annual or daily fee.
ii. For any vehicle or trailer improperly parked in a Designated Parking Space; and
iii. For parking in an area designated as "no parking" on the Cove Boat Ramp river access property, the dead-end access road or any Town road within one mile of the Boat Ramp
b. Vehicle owners shall be assessed the penalty specified in the Town’s Citation Ordinance, and their vehicles may be towed at the owner's expense, including storage fees, for the following parking violations that occur on the Cove Boat Ramp river access property, on the dead-end access road or on any Town road within one mile of Cove Boat Ramp:
i. For parking violations in an area or manner that violates this ordinance for a second or subsequent offense during the same twelve months;
ii. For parking in any area posted as "towing zones";
iii. For parking in a manner that clearly blocks the passage of emergency vehicles, egress of previously parked vehicles, access of adjacent property owners to their property, access to the dry hydrant at the boat ramp area, or the use of the Cove Boat Ramp facilities; and
iv. For parking which creates an otherwise reasonable and articulable threat to public safety.
(3). Town Constables shall not function under
this ordinance as “traffic officers” as defined in
B. For a violation of any non-parking provisions of this Chapter, a person shall forfeit the amount specified in the Town’s Citation Ordinance, plus the costs of prosecution.
C. In addition to any other penalty imposed for
violation of this Chapter, any person causing physical damage to, removing,
tampering with, defacing or destroying any public property shall pay for the
cost of replacing or repairing such property, including labor. The parent or parents of unemancipated minor
children also have responsibility under