PWC Ordinance Struck Down
An Administrative Law Judge in Sheboygan County has voided an ordinance proposed by the Town of Lyndon that would have imposed excessive restrictions exclusively on personal watercraft.
SHEBOYGAN, Wisc. — An Administrative Law Judge in Sheboygan County has voided an ordinance proposed by the Town of Lyndon that would have imposed excessive restrictions exclusively on personal watercraft. The proposed ordinance required personal watercraft to operate at a slow-no-wake speed limit on Lake Ellen, effectively banning the vessels from a public lake that allows motorized recreational boating.
Administrative Law Judge Mark J. Kaiser ruled on November 5th that, "based on the evidence in the record, a slow-no-wake speed limit applying only to personal watercraft is not in the interest of public health, safety, or welfare. Ordinance 719 is contrary to and inconsistent with the provisions of [Wisconsin law] and is, therefore, invalid."
"I'm pleased the Judge recognized that imposing regulations that equate to a ban on one type of vessel is not the way to improve safety," said Christian Gullott of the Personal Watercraft Industry Association, who testified at the hearing on behalf of personal watercraft manufacturers. "PWIA would be happy to work with the Town of Lyndon to craft reasonable solutions that address their concerns."
A number of Lake Ellen waterfront residents had pushed the PWC-only ordinance on this 121-acre lake through the Town of Lyndon Town Council. Noting that "the Town did not present any evidence of safety problems specifically related to PWCs on Lake Ellen," Judge Kaiser found that "enforcement of already existing state boating rules will ensure that PWCs are not operated in a manner that jeopardizes public health, safety, or welfare on Lake Ellen."