Lake Tomahawk moving forward with wake ordinance

The Lake Tomahawk town board last week voted to move forward with its enhanced wake ordinance process, using a draft ordinance from the town of Newbold as a template.

By the end of the  March 13 meeting, it was decided that Newbold’s draft ordinance could be revised it to fit Lake Tomahawk’s standards. After that process is complete, the draft will be sent it to the DNR for review. 

It will eventually come back to the town and a public hearing would have to be held before it would be approved. 

Town chairman George DeMet had copies of Newbold’s proposed ordinance which was drafted by Newbold town attorney Greg Harrold, who is also Lake Tomahawk’s attorney. 

DeMet told town supervisors Lenore Lopez and Stephanie Sowatzka a public hearing regarding Newbold’s draft enhanced wake ordinance is scheduled for 10 a.m. on April 6 at the Newbold Town Hall.

“It looks like something we might be interested in,” DeMet said. “That alleviates us from having to do a lot of work.”

He provided a summary of Newbold’s proposed enhanced wake ordinance. 

“Basically, Newbold is saying any lake within their township that is under 1,500 acres ... certain artificial wake enhancement prohibited,” DeMet said, reading from the document. “No person may use or employ water sacks, fins, ballast tanks, ballast bags, mechanical fins and similar devices to cause a boat to operate in a bow-high manner or which increases or enhances a boat’s wake.”

He read some more of the ordinance and then used his right arm nearly vertical at the elbow to demonstrate the bow-high position of a boat on a lake. 

“So, what we’re talking about is a boat that’s operating in this position in a slow manner to create an artificial wake so people can surf off the wake,” DeMet explained.

“So, the town of Newbold, are there any lakes in their jurisdiction that are over 1,500 acres?” Lake Tomahawk resident Bruce Forsberg asked. 

“I don’t think so,” DeMet said. 

“So, basically, they’re talking about banning wake boats,” Forsberg said. 

“Yes, and we are as well,” DeMet replied, adding that he conducted a “quick survey” of lakes in the township and found that most of them are “around 300 acres is as big as they get.”

“So this (ordinance) would pretty much cover all the lakes within the township,” he said. 

“They would still be allowed on Tomahawk Lake?” Forsberg asked. 

“Tomahawk Lake would not be affected,” DeMet agreed. “Tomahawk is over 3,000 acres. We could not enact an ordinance on Tomahawk Lake anyhow because the adjoining townships ... all of us would have to agree. Minocqua, Hazelhurst, Woodruff and Lake Tomahawk.”

Future state legislation was briefly discussed, mostly having to do with whether or not it would be more restrictive than the town’s ordinance, something DeMet said could be discussed at some point. 

Lopez brought up the challenges associated with enforcing such an ordinance.

“Right,” DeMet said. “You run into that no matter what.”

Lopez suggested using “standard language” in the Lake Tomahawk ordinance. 

“What would that language look like?” Minocqua resident and Gage Marine general manager Bill Stengl asked. 

DeMet referred to a portion of the proposed Newbold ordinance that uses boating penalties found in Chapter 30.80 of the Wisconsin state statutes. 

“So, the town of Lake Tomahawk would prosecute and have a process for any violations?” Stengl asked. 

“There would be ... the sheriff’s department or any officer of the law,” DeMet said. “Technically speaking, as chairman, I would have the authority.”

 “Ensure due process in a court of law,” Stengl said.

“Right,” DeMet responded. 

“Does the town have an agreement with the sheriff’s office to enforce ordinances?” Stengl asked. 

“I’m not sure if we do or not,” DeMet said. “I would have to check into that. I know the previous town chairman had a citation book. I’ve never used it but that authority does exist.”

The vote to move forward with the ordinance was unanimous. 

In an article published last week, Oneida County sheriff Grady Hartman told The Lakeland Times that his department does not have any contracts in place with towns that are seeking to enforce enhanced wake ordinances.  

Brian Jopek may be reached via email at [email protected].