Launch Ordinance 2018-1 Update

Ordinance 2018-1 Update

At the Monthly Meeting of Commissioners on Wednesday, July 20, 2022 the commission voted to rescind Ordinance 2018-1.  The vote to rescind Ordinance 2018-1 was as follows:  4 votes yes, 1 vote no, and 1 vote to abstain. The meeting minutes will be drafted and approved in a coming meeting.

The ordinance reads as follows and is also under “Information”, “Ordinances”, then “Launch Ordinance” following the ordinance 2003-1 information.

 

BIG CEDAR LAKE PROTECTION AND REHABILITATION DISTRICT
ORDINANCE NO. 2018-1
AN ORDINANCE TO ESTABLISH REGULATIONS AT THE LAUNCHING FACILITIES 
TO BIG CEDAR LAKE AT GONRING DRIVE, HACKER DRIVE AND CEDAR PARK 
DRIVE RELATING TO CLOSING THESE LAUNCHING FACILITIES WHEN THE TWO 
PARKING AREAS OWNED AND OPEATED BY THE BCLPRD ARE FULL WITH 34 
VEHICLE UNITS
WHEREAS the Big Cedar Lake Protection and Rehabilitation District (BCLPRD) is a lake 
district created under Wis. Stat. Ch. 33 for the purpose of undertaking a program of lake 
protection and rehabilitation on Big Cedar Lake in Washington County, Wisconsin, and
WHEREAS the BCLPRD owns and operates a boat launching facility on Big Cedar Lake 
on Gonring Drive and has the authority to establish regulations on the use of such 
launching facilities at Big Cedar Lake, and
WHEREAS the BCLPRD has been authorized by the Town of West Bend, Wisconsin to 
establish regulations at the boat launching facilities to Big Cedar Lake at Hacker Drive 
and at Cedar Park Drive relating to closing the boat launching facilities at Hacker Drive 
and Cedar Park Drive when the two parking areas owned or leased and operated by the 
BCLPRD off of Gonring Drive are full with 34 vehicle and/or Vehicle-Trailer units, and
WHEREAS pursuant to NR 1..91(5) the Wisconsin Department of Natural Resources has 
determined that granting permits for boating access on bodies of water where the 
maximum access standards are exceeded will materially impair navigation and is 
detrimental to the public interest, and
WHEREAS public boating access on Big Cedar Lake is at the maximum provided for in 
NR 1.91(5) at one or more access sites on Big Cedar Lake which in total provide 1 
vehicle-trailer unit per 25 open water acres,
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF THE BCLPRD 
that the following provisions relating to the use of the Gonring Drive, Hacker Drive and 
Cedar Park Drive launch facilities shall be in effect as of August 1, 2018:
Section 2018-1.1 BOAT LAUNCHING TO BIG CEDAR LAKE PROHIBITED AT THE 
GONRING DRIVE, HACKER DRIVE AND CEDAR PARK DRIVE BOAT LAUNCH 
FACILITIES WHEN THE TWO PARKING AREAS OWNED OR LEASED AND 
OPERATED BY THE BCLPRD OFF OF GONRING DRIVE ARE FULL WITH 34 
VEHICLE AND/OR VEHICLE-TRAILER UNITS. 
On Saturdays, Sundays and Holidays, from Memorial Day thru Labor Day of 
each year, no person shall launch a boat from the Gonring Drive, Hacker Drive or Cedar 
Park Drive boat launch facilities unless:
(A) At the time of launching, there is an available parking space in the BCLPRD’s two 
parking areas owned or leased and operated by the BCLPRD off of Gonring Drive for the 
vehicle and trailer which transported the boat, the western parking area containing 24 
parking spaces and the eastern parking area containing 10 parking spaces, and
(B) such vehicle and trailer is then parked in a parking space in one of the BCLPRD’s 
two parking areas off of Gonring Drive, provided however, to assure that parking in such 
parking areas is limited to the general public, no owner or tenant of property on Big 
Cedar Lake shall be required or permitted to park in such parking areas after launching a 
boat owned or operated by such owner or tenant at such launch facilities
Section 2018-1.2 BCLPRD TO ATTEMPT TO CLOSE THE BOAT LAUNCH 
FACILITIES WHEN PARKING AREAS OFF OF GONRING DRIVE ARE FULL; 
EFFECT OF FAILURE TO CLOSE. To aid in accomplishing the prohibition against 
launching at the Gonring Drive, Hacker Drive and Cedar Park Drive launch facilities, the 
BCLPRD will attempt to close the launch ramps at the Gonring Drive, Hacker Drive and 
Cedar Park Drive launch facilities when there is no available parking space in the 
BCLPRD’s two parking areas off of Gonring Drive, provided however, the failure of the 
BCLPRDÂ to close the launch ramps at the Gonring Drive, Hacker Drive and Cedar 
Park Drive launch facilities shall not allow any person to launch a boat in violation of 
Section 2018.1.1.
Section 2018-1.3. CITATION ENFORCEMENT. The BCLPRD hereby adopts and 
authorizes the use of a citation to be issued for violations of ordinances, including 
ordinances for which a statutory counterpart exists, as provided in Section 66.0113, Wis. 
Stats. Citations authorized under this Ordinance may be issued by Water Safety Patrol 
Officers hired or contracted for by the BCLPRD, and/or by any other employee hired by 
the BCLPRD. Nothing herein shall be construed to prohibit the BCLPRD from enforcing 
this Ordinance by any other lawful means.
Section 2018-1.4. PENALTIES/CASH DEPOSITS.
1. The penalty/cash deposit for violations of Ordinance 2018-1.1 shall be $75 for the first 
offense and $150 for the second and/or subsequent offense during the same calendar 
year. The penalty/cash deposit may be paid at the BCLPRD offices or by mail to the 
District at 4480 Gonring Dr., West Bend, WI 53095 within ten (10) calendar days of the 
date the violation occurred. The cancelled check will serve as the receipt.
2. In the event a penalty/cash deposit has not been paid to the District under Section 2018-
1.4(A) above within ten (10) days of the date the violation occurred, the penalty/cash 
deposit is to be made with the Clerk of the Circuit Court for Washington County, 
Wisconsin, and said Clerk shall give a receipt for any penalty/cash deposit that is made 
in person, unless the penalty/cash deposit amount is mailed in and, in that case, the 
cancelled check will serve as the receipt. In addition to the penalty/cash deposit required 
in Section 2018-1.4(A) above that has not been paid to the District within ten (10) days of 
the date the violation occurred, the penalty/cash deposit shall include a penalty 
assessment if required by Section 165.87, Wisconsin Statutes, or any other Wisconsin 
Statute, a jail assessment required by Section 302.46(1), Wisconsin Statutes, or any 
other Wisconsin Statute, and any applicable fees and court costs prescribed by 
Wisconsin Statutes.
Section 2018-1.5. SEVERABILITY. The provisions of this Ordinance shall be deemed 
severable and it is expressly declared that the Commissioners of the Big Cedar Lake 
Protection & Rehabilitation District would have passed the other provisions of this 
Ordinance irrespective of whether or not one or more provisions may be declared invalid. 
If any provision of this Ordinance or the application to any person or circumstance is held 
invalid, the remainder of this Ordinance and the application of such provision to other 
persons or circumstances shall not be affected.
Section 2018-1.6. EFFECTIVE DATE. This Ordinance shall become effective on 
August 1, 2018, upon passage and publication.

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I, the undersigned, hereby certify that this Ordinance was adopted by the Commissioners 
of the BCLPRD on July 11, 2018 and published in the West Bend Daily News on July, 
2018 and that this Ordinance is a true and correct copy of BCLPRD Ordinance 2018-1.

Roger E. Walsh, Chairperson
Big Cedar Lake Protection & Rehabilitation Distric