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- 1 - 7.2 LAND RECREATION ORDINANCE THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. PURPOSE This Ordinance shall prescribe the rules and regulations for the recreational use and enjoyment of lands owned or managed by the Douglas County Forestry Department, pursuant to authorities and purposes of secs. 23.33(11), 28.11(3)(b), 29.038(2), 29.038(3), 59.54(6), 59.54(22) and 350.18, Wis. Stats. The purpose of this Ordinance is to help preserve the natural, scenic, recreational and commercial value of the natural resources on lands owned or managed by the Douglas County Forestry Department. SECTION II. DEFINITIONS A. “Attractant” means any substance, including but not limited to, food, garbage, or mineral, which draws Wildlife to a particular location. B. “ATV” (All-Terrain Vehicle) has the meaning given in sec. 340.01(2g), Wis. Stats. C. “Bathe” means to immerse all or part of one’s body in water for washing and cleansing. D. “Bicycle” has the meaning given in sec. 340.01(5), Wis. Stats. E. “Blackwater” means any water carried domestic sewage (e.g. human urine or feces) originating from the discharge of toilets, showers, sinks, or other sources of water-carried sewage of human origin. F. “Camping Unit” means any single shelter except bedrolls and sleeping bags used for a camp by a camping party. G. "Closed Area" means a road, trail, pathway, route, or area that is considered closed to motor vehicles when designated by the presence of a sign, gate, berm, barricade or any other device placed by the County for the purpose of notifying or blocking or by officially publishing a Class 1 legal notice of closure. H. "County Forest" means those lands owned by Douglas County and entered under the County Forest Law §28.11, Wis. Stats., either as Forest Lands or as Special Use Designated Lands. I. “County Forest Road” means roads which are authorized, approved, and maintained for public motor vehicle use for which the County receives County Forest road aid payments from the State of Wisconsin under sec. 86.315 (4a), Wis. Stats. J. “Cross-Country Ski Trail” means those trails which have been authorized, approved, and maintained by the County Forestry Department for public recreational skiing purposes. K. “Cross-Country Travel” means any land or water travel through the County Forest off of a developed road or trail. ---PAGE BREAK--- - 2 - L. “Damage” means any occurrence on the County Forest that is detrimental or could have a potentially detrimental effect on the natural resources, features, or facilities owned and operated by the County as determined by the Director or their designee. M. “Designated Use Area” means an area that has been authorized, designed, and approved by the County Forestry Department for a specific use or activity. N. “Developed Recreational Area” means the following locations: Gordon Dam County Park, Lucius Woods County Park, Mooney Dam County Park, Long Lake County Park, Bass Lake County Park, Minnesuing County Park, Anna-Gene County Park, the clubhouse, kennels, stables, and corral areas of the Bird Sanctuary, Lyman Lake boat landings, North Flowage boat landing, Minnesuing boat landing, and Park Creek Pond recreation area. O. “Developed Road or Trail” means roads or trails which have been authorized, constructed, and approved by the County Forestry Department which provide access to the County Forest. P. “Director” means the Douglas County Forestry Department Director of Forestry and Natural Resources. Q. “Domestic Animal” means any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter. R. “Family” means a camping party composed of a parent, parents, or step-parent with their unemancipated children or grandchildren. S. “Feed” means a substance composed of grain, mineral, salt, fruit, vegetable, hay, or any other food material or combination of these materials, whether natural or manufactured, that may attract Wildlife. T. “Feeding” means the depositing, distributing, or tending of feed in an area frequented by Wildlife. U. “Firearm” has the meaning given in sec. 167.31(1)(c), Wis. Stats. V. “Fireworks” has the meaning given in sec. 167.10(1), Wis. Stats. W. “Forest Products” are vegetative products from the County Forest, including but not limited to, products of plant origin, products of fungi origin, non-wood products, flora, seedlings, saplings, shrubs, chips, bark, boughs, branches, logs, sawlogs, pilings, posts, poles, roundwood products, cordwood products, pulpwood, fuelwood and Christmas trees. X. “Highway Vehicle” means any motor vehicle which is or can be licensed by the State of Wisconsin for use on public highways or is intended to be licensed by the State of Wisconsin for such use. Y. “Historic Resource” means any archaeological artifact or historical article that is in association with events or lives of persons significant in the past, represents characteristics ---PAGE BREAK--- - 3 - of a type, time period, or method of work that made a notable contribution to history, or yields or is likely to yield information important in history or pre-history. Z. “Human Waste” means liquid, solid, and water-carried waste of human origin such as feces, urine, and other human excreta. AA. “Livestock” means horses, cattle, llamas, pigs, sheep, goats, rabbits, fowl, or any other domestic animals typically ridden or used in the production of food, fiber, or other products or activities defined as agricultural. BB. “Moped" has the meaning given in sec. 340.01(29m), Wis. Stats. CC. “Motor Bicycle” has the meaning given in sec. 340.01(30), Wis. Stats. DD. has the meaning given in sec. 340.01(32), Wis. Stats. EE. “Motor Vehicle” has the meaning given in sec. 340.01(35), Wis. Stats. FF. “Non Family” means a camping party composed of 8 or less persons who do not meet the definition of family as defined herein. GG. “Occupy” means to be present in, located in, or reside in. HH. “Off-Highway (OHM) means any motorized vehicle intended for traveling on two wheels having a seat or saddle designed to be straddled by the operator and having handlebars for steering control. may be legal for public highway use and still considered to be an OHM if used for off-highway operation on designated OHM trails in the County Forest. II. “Off-Highway Vehicle” means any motorized vehicle (excluding highway vehicles) designed for or capable of cross-country travel on or immediately over land, sand, snow, ice, marsh, swampland, or other natural terrain, which would include, but not be limited to, such vehicles as four-wheel drive units, dune buggies, all-terrain vehicles (ATVs), utility terrain vehicles (UTVs), off-highway motor bicycles (dirt bikes), mopeds, mini-bikes, snowmobiles, go-carts, amphibious vehicles, air-cushioned vehicles, air boats, and golf carts. JJ. “Pit” means any area which has been or is currently being utilized for its natural materials such as, but not limited to, gravel, sand, clay, or dirt. KK. “Post” means displaying, affixing, attaching, or putting up a notice, sign, or other informational device. LL. “Power Load” means using force generated from a motorized propeller or other motorized means to load and unload a boat or other watercraft onto and off a trailer. MM. “Sanitary Dump Station” means a properly designed and constructed facility intended to receive the discharge of human waste from any holding tank or similar device, and having a means of discharging the contents into an approved waste disposal system. ---PAGE BREAK--- - 4 - NN. “Smoke” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, plant, weed or other tobacco product or tobacco-like product or substance in any manner or in any form. OO. “Snowmobile” has the meaning given in sec. 340.01(58a), Wis. Stats. PP. “State Funded Snowmobile/ATV Trail” means those trails authorized, approved, and maintained for public motorized recreational purposes for which the County receives maintenance funds from the State of Wisconsin. QQ. “Straight Arrow OHM Trail” a marked corridor on the County Forest designated for use by off-highway vehicle operators as authorized and approved by the County Forestry Department. RR. “Studded Tire” means a tire with any block, stud, flange, cleat, spike or other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire. SS. “Trap Device” means any device that is designed to close upon, hold fast, confine, or otherwise capture wildlife or domestic animals. TT. “Utility Terrain Vehicle” (UTV) has the meaning given in sec. 23.33(11p), Wis. Stats. UU. “Vehicle” has the meaning given in sec. 340.01(74), Wis. Stats. VV. “Wildlife” means all species of animals including, but not limited to, mammals, birds, fowl, fish, reptiles, amphibians, mollusks, and crustaceans living in a natural, non-domesticated state. WW. “Yard Waste” means tree branches, tree limbs, parts of trees, bushes, shrubbery cuttings or clippings, or other items created as a result of trimming, cutting, or pruning trees or bushes, also the accumulation of lawn grass, shrubbery, vine, and other vegetative cuttings or clippings, and/or dry leaf or needle rakings. SECTION III. GENERAL PROVISIONS It is prohibited under this Ordinance for a person or persons on lands owned or managed by the Douglas County Forestry Department to: A. Deposit, put, leave, place, drop, bury, litter, dump or dispose of any garbage, trash, waste, or rubbish in any manner other than by depositing in a designated container. No trash or rubbish generated off-site is allowed in County waste containers. B. Dispose of, put, leave, place, drop, bury, or dump any yard waste. C. Construct, place, put, occupy, use, store, bury, or leave personal property without the written permission of the Director or their designee. Any personal property found in violation of this Ordinance shall be immediately removed, noticed for removal, and/or confiscated. ---PAGE BREAK--- - 5 - D. Damage, deface, destroy, mar or in any manner misuse the natural features, resources, roads, trails, facilities, assets or property of the County. E. Fail to secure the proper permit or approval prior to engaging in an activity which requires such prior permit or approval. F. Fail to follow all requirements, provisions, regulations, rules, and conditions set forth in any written permit or approval. G. Damage, deface, destroy, move, remove, or possess any sign or other informational device placed or contracted to be placed by the County. H. Post or cause to be posted any sign, picture, advertisement, or other informational device without permission of the Director or their designee. I. Post or direct the posting of any sign, notification, or other informational device or instrument that may be interpreted as restricting any or all access and/or use by the public without permission of the Director or their designee. J. Possess or discharge any fireworks regulated by sec. 167.10(1), Wis. Stats. K. Deposit, leave, place, drop, bury, dump or dispose ashes or charcoal unless they are cool enough to touch with a hand. L. Leave an open fire unattended unless it has no smoke and the entire coal or ash bed is cool enough to touch with a hand. M. Engage in any activity which is in violation of a County sign, notice, regulation, or rule. N. Return once expelled or refuse to leave an area when directed to leave by the Director, Sheriff, or their designees. O. Jump or dive off any water control structure owned or operated by the County. P. Power load any boat or other watercraft. Q. Set fire to, burn, or incinerate any garbage, trash, waste, rubbish, or other discarded man- made materials. R. Dispose of, put, leave, place, drop, bury, or dump any blackwater waste. S. Excavate, dig, trench, bore, tunnel, undermine, or engage in any activity that disturbs the surface of the ground and displaces earthen material without written permission of the Director or their designee. T. Remove, dump, pile, or dispose of any fill, soil, ore, sand, gravel, rock, mineral, or other earthen material without written permission of the Director or their designee. SECTION IV. HUNTING AND TRAPPING ---PAGE BREAK--- - 6 - No person or persons shall construct, place, occupy or use on lands owned or managed by the Douglas County Forestry Department: A. Tree Stands and Ground Blinds: 1. A tree stand that is not a hang-on style, self climbing style, or a ladder stand style, or which attaches to a tree by any means or device, which penetrates the bark or the bole of the tree. 2. Climbing aids; including, but not limited to, screw in tree steps, landscape spikes, nails, railroad spikes, or bolts. 3. A tree stand, elevated platform or ground blind which does not have the owner’s name and address (city and State) or WDNR customer I.D. number attached in such a manner as to be visible from the ground. 4. A tree stand which utilizes artificial shooting lanes created by cutting, brushing, trimming, or otherwise damaging or altering trees, brush, vegetation or terrain. 5. A tree stand which is larger than 52 inches by 36 inches measured at the base, ground blind which measures larger than 7ft X 7ft X 7ft, or elevated platform which the platform measures more than 7ft X 7ft X 7ft. 6. A tree stand, elevated platform or ground blind in the period of February 1 to March 31 and June 1 to August 31 of each calendar year. Any tree stand, free standing platform or ground blind which is found in violation of this Ordinance shall be immediately removed, noticed for removal, and/or confiscated. B. Waterfowl Blinds: 1. A blind for waterfowl hunting more than 7 days prior to the opening of the waterfowl hunting season, or fail to remove the blind within 7 days after the close of season. 2. A blind used exclusively for waterfowl hunting as provided in sec. 29.327(2), Wis. Stats., which does not bear the name of the owner affixed permanently to the blind in lettering one-inch square or larger. Any blind for waterfowl hunting which is found in violation of this Ordinance shall be immediately removed, noticed for removal, and/or confiscated. C. It is prohibited under this Ordinance for a person or persons to discharge or hunt with a rifle or shotgun loaded with slugs on or within the right-of-way of the Wrenshall Grade Recreational Trail, Saunders Grade Recreational Trail, Wild Rivers Recreational Trail, or Gandy Dancer Recreational Trail. SECTION V. DEVELOPED RECREATIONAL AREAS Violation of any State law or any rules of the County by a member or guest of a member of a camping party is cause for revocation of the camping permit and eviction from the property. It is prohibited under this Ordinance for a person or persons on lands owned or managed by the Douglas County Forestry Department to: A. Violate the quiet hours of 10:00 p.m. to 8:00 a.m. by creating excessive noise or causing a ---PAGE BREAK--- - 7 - disturbance. Create noise with radios, televisions, or other instrument which can be heard from a distance of more than 20 feet. B. Use or be within a Developed Recreational Area for any purpose (excluding actively fishing) between the hours of 10:00 p.m. and 6:00 a.m. of each day, unless such person is a registered camper or otherwise has written permission from the Director or their designee. State Funded Snowmobile/ATV Trails and designated boat launches may be used 24 hours per day for designated uses when officially open to the public. C. Take or keep within such area a pet or domestic animal unless the same is kept at all times on leash which prevents the pet or domestic animal from running at large. No pets or domestic animals allowed in the beach areas. (Animals specially trained to provide services for people with disabilities shall be exempt from this requirement). D. To allow or permit a dog or any other pet or domestic animal to deposit any solid animal waste in a Developed Recreational Area and to fail to remove any such waste and deposit in a designated container. E. Possess, ride, transport or locate any livestock in a Developed Recreational Area. F. Feed, provide feed or other natural or artificial attractant, or assist another person in the feeding of wildlife or any wild animal or fowl in a Developed Recreational Area. G. Camp or occupy any site without paying current registration or self-registration fees and obtaining an appropriate camping permit. H. Remove, alter, damage, destroy, mar, or in any manner modify any camping permit posted at a campsite by another. I. Discharge, possess or store an uncased or loaded firearm, including any BB gun, pellet gun, air gun, paintball gun, slingshot, bow, and/or crossbow, except as otherwise authorized under sec. 941.23, 167.31, or 23.33 Wis. Stats. J. Hunt, trap, kill or attempt to kill any animal or fowl in a Developed Recreational Area by the use of a firearm, bow and arrow, air rifle, trap device or any other means. K. Ignite an open fire unless such fire is in a fireplace, grill, or other suitable container provided by the County, or in a container specifically constructed to contain a fire. L. Deposit, put, leave, place, drop, bury, litter, dump or dispose of any park generated garbage, trash, waste, or rubbish in any manner other than by depositing in a designated container. No non-park generated trash or rubbish is allowed in park waste containers. M. Deposit, put, leave, drop, dump or dispose of any fish or game animal parts or waste, except at designated fish cleaning sites provided for such purposes. N. Deposit, leave, place, drop, bury, dump or dispose of any human waste in any Developed Recreational Area in any manner other than by depositing in a designated sanitary dump station. ---PAGE BREAK--- - 8 - O. Excavate, dig, trench, bore, tunnel, undermine, or engage in any activity that disturbs the surface of the ground and displaces earthen material in a Developed Recreational Area without the written permission of the Director or their designee (beach areas are exempt). P. Camp at any site other than a designated site for camping. Q. Place, occupy or use any more than one camping unit per designated camping site. R. Camp in any Developed Recreational Area except for: Lucius Woods County Park, Gordon Dam County Park, Mooney Dam County Park, and the clubhouse and barn areas of the Bird Sanctuary. S. Camp at or occupy the same site for a period exceeding ten consecutive days. T. Camp with more than 8 non-family members per campsite. U. Smoke within any designated non-smoking area. V. Use or possess any glass bottles or containers in a area posted “NO GLASS CONTAINERS”. W. Bathe in any stream, river, flowage, lake, or other body of water that results in discharge of personal hygiene products (e.g. soap, shampoo, etc.) into the water within 100 yards of any Developed Recreational Area. SECTION VI. TRAILS, ROADS, AND MOTOR VEHICLES It is prohibited under this Ordinance for a person or persons on lands owned or managed by the Douglas County Forestry Department to: A. Operate or direct the operation of a motor vehicle, highway vehicle, or off-highway vehicle in any developed recreational area off a developed road or trail or outside a designated use area. 1. Operate or direct the operation in developed recreational area in such a manner as to cause damage. B. Operate or direct the operation of an off-highway vehicle in any developed recreational area (excluding State Funded Snowmobile/ATV Trails) between the quiet hours of 10:00 p.m. to 8:00 a.m. C. Operate or direct the operation of any off-highway vehicle (excluding ATVs, UTVs, snowmobiles, and off-highway D. Operate or direct the operation of an off-highway (excluding on the Straight Arrow OHM Trail). E. Operate or direct the operation of an unregistered or unlicensed motor vehicle, highway vehicle, or off-highway vehicle which can be officially licensed or registered by the State of Wisconsin as a legal highway or recreational vehicle. ---PAGE BREAK--- - 9 - F. Operate or direct the operation of a motor vehicle, highway vehicle, or off-highway vehicle in any closed area. 1. Operate or direct the operation in any closed area in such a manner as to cause damage. G. Operate or direct the operation of a motor vehicle, highway vehicle, or off-highway vehicle off a developed road or trail or outside a designated use area. Cross-country travel by motorized means is prohibited. Illegally constructed or located trails and/or areas shall not be considered developed. 1. Operate or direct the operation off a developed road or trail (cross-country) or outside a designated use area in such a manner as to cause damage. H. Operate or direct the operation of a motor vehicle, highway vehicle, or off-highway vehicle in violation of a posted sign, notice, regulation, or rule. I. Construct or establish a new road, trail, or area, or alter, re-route, or in any manner change an existing road, trail, or area without the written permission of the Director or their designee. J. Operate or direct the operation of a motor vehicle, highway vehicle, or off-highway vehicle on any State Funded Snowmobile/ATV Trail during a Department of Natural Resources (DNR) ordered fire ban. K. Operate or direct the operation of a motor vehicle, highway vehicle, or off-highway vehicle in any pit. L. Block or obstruct in any manner a road, trail, or area which limits or prohibits access by others. M. Leave a motor vehicle, highway vehicle, or off-highway vehicle unattended for more than 72 hours under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. An abandoned vehicle shall constitute a risk to public safety and may be subject to immediate removal and/or relocation. N. Operate or direct the operation of a motor vehicle, highway vehicle, or off-highway vehicle (excluding snowmobiles) with studded tires. O. Operate or direct the operation of a bicycle off a developed road or trail or outside a designated use area. Cross-country travel by bicycle is prohibited. Illegally constructed or located trails and/or areas shall not be considered developed. P. Ride or direct the riding of a horse or other stock off a developed road or trail or outside a designated use area. Cross-country travel by equestrian is prohibited. Illegally constructed or located trails and/or areas shall not be considered developed. Q. Walk, hike, snowshoe, ride livestock, operate a bicycle, or engage in any non-skiing activity that causes damage to the groomed trail surface of a Cross-Country Ski Trail, or allow or permit a pet or domestic animal to do the same. R. Remove, alter, damage, destroy, mar, or in any manner modify any sign, posting, gate, ---PAGE BREAK--- - 10 - berm, or barricade device. Shall include all associated pieces, parts, and components of any such device. S. Post, install, construct, place, or relocate any sign, gate, rock, berm, or other blockage device or otherwise modify or attempt to modify the intended use designation of any road, trail, or area. T. Operate or direct the operation of a motor vehicle or highway vehicle in excess of 20,000 pounds (tare or gross weight) without written permission of the Director or their designee (excluding County Forest Roads). U. Operate or direct the operation of an off-highway vehicle without possessing a valid and current liability insurance policy providing coverage consistent with the liability insurance required by the State of Wisconsin for automobile operators and/or without immediate possession proof of such compliance. SECTION VII. NATURAL RESOURCES It is prohibited under this Ordinance for a person or persons on lands owned or managed by the Douglas County Forestry Department to: A. Cultivate, disk, rototill, plant, water, fertilize, harvest, or manufacture any controlled substance or illegal drug. B. Cultivate, disk, rototill, plant, water, fertilize, hunt over, or utilize any type of seed, crop, plant, tree, or food plot without written permission from the Director or their designee. C. Cut, harvest, or remove any vegetation that is not to be consumed without written permission of the Director or their designee. (This shall not be construed to permit harvest of vegetation otherwise controlled. Vegetation cut in conjunction with an official land survey, cutting of stakes used for trapping is allowed.) D. Cut, harvest or remove firewood, Christmas tree, balsam fir bough, birch stem, birch branch, birch bark, princess pine, pine/spruce cone, hardwood tree seed, or other forest product without written permission of the Director or their designee. E. Remove, dump, excavate, dig, trench, bore, tunnel, undermine, stockpile, or dispose of any fill, soil, ore, sand, gravel, rock, or any mineral without written permission of the Director or their designee. F. Tap any tree for the purpose of syrup production without written permission from the Director or their designee. G. Disturb, excavate, collect, or remove any historic resource without written permission of the Director or their designee. H. Chase, harass, molest, disturb, kill, or attempt to kill any wildlife except while engaged in lawfully angling for, taking, pursuing, hunting or trapping such wildlife or allow or permit a pet or domestic animal to do the same. SECTION VIII. SIGNAGE ---PAGE BREAK--- - 11 - The Director shall be and is hereby directed to post signs in each of the above listed Developed Areas, which signs shall summarize the regulations set forth in this Ordinance and shall recite that the regulations are imposed pursuant to Douglas County Ordinance. SECTION IX. EXCLUSIONS This Ordinance shall not apply to law enforcement officers, active employees of the County Forestry Department, or others authorized by the Director or designee while operating motor vehicles, highway vehicles, or off-highway vehicles while engaged in their respective official duties. SECTION X. EMERGENCY FIRE REGULATIONS Department of Natural Resources emergency fire regulations shall supersede this Ordinance pursuant to NR Code 30.05. SECTION XI. PENALTIES Any person who violates, disobeys, neglects, omits or refuses to comply with any of the provisions of this Ordinance shall forfeit not less than Fifty ($50.00) nor more than Five-Thousand Dollars ($5,000.00), together with the costs of prosecution and damages, and in default of payment thereof, by imprisonment in the County Jail of Douglas County, Wisconsin, for a term of not more than 30 days or until such judgment is paid. Each day a violation exists or continues shall constitute a separate offense. Pursuant to sec. 66.0113, Wis. Stats. and Douglas County Ordinance #1.1, the provisions of this Ordinance may be enforced through issuance of a citation. Enforcement of this is delegated to the Douglas County Sheriff’s Department, the Director of Forestry and Natural Resources, and Town and Village law enforcement, or their designees. In addition to these penalties, the Director of Forestry and Natural Resources may seek restitution for damages by civil action in circuit court. SECTION XII. RESPONSIBILITY OF VEHICLE OWNERS. Any person operating or directing the operation of any motor vehicle, highway vehicle, or off- highway vehicle in violation of any provision herein shall be in violation of this Ordinance and be subject to all allowable penalties herein unless such person cannot be sufficiently identified, in which case, the owner of the motor vehicle, highway vehicle, or off-highway vehicle operated in or found in violation of any provision herein shall be in violation of this Ordinance and be subject to all allowable penalties herein. SECTION XIII. SEVERABILITY Should any sub-section, clause, or provision of this Ordinance be declared by the Court to be invalid, the same shall not affect the validity of the section as a whole or any part thereof, other than the part so declared to be invalid. SECTION XIV. REMOVAL OF PROPERTY The County Forestry Department or the County Sheriff’s Department may remove, relocate, and/or confiscate any personal property which has been found in violation of this Ordinance and/or appears otherwise abandoned as determined by the County Forestry Department, County Sheriff’s Department, or ---PAGE BREAK--- - 12 - designee. Any such personal property posing a substantial and immediate risk to public safety and/or the natural resources of the County shall be subject to immediate removal, relocation, and/or confiscation. SECTION XV. DISPOSAL OF PROPERTY The County Forestry Department or the County Sheriff’s Department may dispose of any personal property which has been removed, noticed for removal, relocated, and/or confiscated in violation of this Ordinance, abandoned or otherwise remained unclaimed for a period of 30 calendar days after said removal, notification, relocation, confiscation, and/or taking possession of such property. The property may be retained, sold, destroyed, or otherwise disposed of by any means determined to be in the best interest of the County by the Director of Forestry and Natural Resources or designee. SECTION XVI. EXPULSION AUTHORITY The Director of Forestry and Natural Resources, Sheriff, or their designees may expel any person or persons from lands under the management, supervision, and control of the County for violation of any State law, local law, administrative rule or posted rule or regulation when such violation is deemed by the County to be an immediate threat to the health, well being, safety and/or welfare of any other person or natural feature, resource, asset or property of the County. Any such expulsion shall be for a length of time as reasonably determined by the Director of Forestry and Natural Resources, Sheriff, or their designees. Expelled persons shall not be eligible for refunds on any user fees. Upon expulsion, any person or persons who thereafter returns to the property before the expulsion period has elapsed shall be in violation of this Ordinance and be subject to all allowable penalties herein or those provided under Statute 943.13. SECTION XVII. EFFECTIVE DATE This Ordinance shall take effect and be in force after its passage and publication as required by law. Dated this 19th day of March, 2009. Amendments: August 20, 2009 June 17, 2010 July 21, 2011 January 19, 2012 March 16, 2017 April 20, 2023 ---PAGE BREAK--- - 13 - DEPOSIT SCHEDULE FOR RECREATION ORDINANCE #7.2 Section 66.0113, Wis. Stats. requires that there be a deposit schedule to establish a uniform deposit for violations of specific Ordinance provisions. These uniform deposit amounts must include a 20 percent law enforcement training penalty under Sec. 165.87, Wis. Stats. and a jail assessment imposed by Sec. 302.46(1), Wis. Stats. which is to be 1 percent of the original forfeiture but in no event less than $10.00. The law enforcement training penalty and jail assessment are in addition to the below described deposits. Each additional 24 hour period a violation exists or continues to exist shall constitute a separate offense. An offense shall be considered a second or subsequent offense if it occurs within one year of a previous offense date. NOTE: Court costs not reflected in deposit. In addition to deposit, the Director of Forestry and Natural Resources may seek restitution for damages by civil action in circuit court. GENERAL PROVISIONS A. Illegal trash disposal First Offense Second and subsequent offenses $200.00 $350.00 B. Illegal yard waste disposal First Offense Second and subsequent offenses $200.00 $350.00 C. Personal property on County land First Offense Second and subsequent offenses $250.00 $350.00 D. Damage County property $350.00 E. Fail to secure the proper permit Second and subsequent offenses $200.00 $350.00 F. Fail to follow permit or requirements Second and subsequent offenses $200.00 $350.00 G. Damage, deface, destroy, move, remove, or possess sign or other County informational device Second and subsequent offenses $250.00 $350.00 H. Post or cause to be posted a sign, picture, advertisement, or other informational device First Offense Second and subsequent offenses $200.00 $350.00 I. Post or direct the posting of land as restricted public access $500.00 J. Possess or discharge fireworks Second and subsequent offenses $200.00 $350.00 K. Dump ashes or charcoal $200.00 L. Leave an open fire $250.00 M. Engage in a prohibited activity $200.00 N. Return when expelled or refuse to leave when directed $500.00 O. Jump or dive off any water control structure $200.00 P. Power load boat or watercraft $250.00 Q. Burn trash or other waste $250.00 R. Dump blackwater waste/sewage $200.00 S. Excavate, displace, or disturb earthen material $200.00 T. Remove, dump, pile, or dispose of earthen material $250.00 HUNTING AND TRAPPING A. Tree Stands and Ground Blinds 1. Illegal tree stand First Offense $200.00 ---PAGE BREAK--- - 14 - Second and subsequent offenses $350.00 2. Illegal climbing aids First Offense Second and subsequent offenses $200.00 $350.00 3. Tree stand without identification First Offense Second and subsequent offenses $150.00 $250.00 4. Tree stand utilizing shooting lanes $250.00 5. Too large of a tree stand/ground blind $250.00 6. Illegal tree stand/ground blind seasonal dates Second and subsequent offenses $150.00 $250.00 B. Waterfowl Blinds 1. Illegal waterfowl blind First Offense Second and subsequent offenses $200.00 $350.00 2. Waterfowl blind without identification First Offense Second and subsequent offenses $150.00 $250.00 C. Discharge or hunt with prohibited firearm on Wrenshall Grade, Saunders Grade, Wild Rivers, or Gandy Dancer Recreational Trails $250.00 DEVELOPED RECREATIONAL AREAS A. Violate quiet hours/excessive noise $150.00 B. Be within a developed recreational area during prohibited time $200.00 C. Domestic animal not on leash $150.00 D. Fail to remove domestic animal waste $150.00 E. Possess or transport livestock $150.00 F. Feed wildlife or any wild animal or fowl $150.00 G. Camp or occupy site without paying registration $200.00 H. Remove, modify, damage, or destroy posted camping permit $200.00 I. Illegally discharge or possess a firearm $350.00 J. Hunt, trap, or kill animal or fowl $250.00 K. Improper fire $150.00 L. Dump or dispose of non-park generated trash $150.00 M. Dump or dispose of fish or game parts $150.00 N. Dump or dispose of human waste $500.00 O. Excavate, displace, or disturb earthen material $150.00 P. Camp at any site other than a designated site for camping $200.00 Q. Place more than one camping unit per site $150.00 R. Camp in any prohibited developed recreational area $200.00 S. Camp at or occupy single site for a period exceeding ten consecutive days $200.00 T. Camp with more than 8 non-family members per campsite $200.00 U. Smoke within any designated non-smoking area $150.00 V. Glass containers in prohibited area $150.00 W. Bathe in body of water with personal hygiene products $150.00 TRAILS, ROADS, AND MOTOR VEHICLES A. Prohibited motorized travel in developed recreational area 1. Cause damage with motorized vehicle $200.00 $350.00 B. Operate an off-highway vehicle in developed recreational area during quiet hours $150.00 C. Operate prohibited off-highway vehicle Second and subsequent offenses $200.00 $350.00 ---PAGE BREAK--- - 15 - D. Operate an off-highway in prohibited area First Offense Second and subsequent offenses $200.00 $350.00 E. Operate an unregistered/unlicensed motorized vehicle First Offense Second and subsequent offenses $200.00 $350.00 F. Operate a motorized vehicle in closed area First Offense Second and subsequent offenses 1. Cause damage with motorized vehicle First Offense Second and subsequent offenses $200.00 $350.00 $300.00 $500.00 G. Cross-country and/or prohibited motorized travel First Second and subsequent offenses 1. Cause damage with motorized vehicle First Offense Second and subsequent offenses $200.00 $350.00 $300.00 $500.00 H. Operate a motorized vehicle in violation of a sign, notice, regulation, or rule $200.00 I. Construct new or alter existing road, trail, or area $350.00 J. Operate a motorized vehicle during fire ban $200.00 K. Operate a motorized vehicle in pit First Offense Second and subsequent offenses $200.00 $350.00 L. Block road, trail, or area which prohibits access by others $200.00 M. Leave motorized vehicle unattended for more than 72 hours $350.00 N. Operate a motorized vehicle with studded tires $200.00 O. Cross-country and/or prohibited bicycle travel First Offense Second and subsequent offenses $200.00 $350.00 P. Cross-country and/or prohibited equestrian travel First Offense Second and subsequent offenses $200.00 $350.00 Q. Cause damage to groomed surface of a Cross-Country Ski Trail $300.00 R. Remove, alter, damage, destroy, mar, or modify sign, posting, gate, berm, or barricade device First Offense Second and subsequent offenses $350.00 $500.00 S. Modify or attempt to modify the intended use designation of a road, trail, or area First Offense Second and subsequent offenses $350.00 $500.00 T. Operate a motorized vehicle in excess of 20,000 pounds without permit First Offense Second and subsequent offenses $350.00 $500.00 U. Operate an off-highway vehicle without insurance or proof of, First Offense $150.00 NATURAL RESOURCES A. Cultivate, disk, rototill, plant, water, fertilize, harvest, or manufacture any controlled substance or illegal drug $2500.00 B. Cultivate, disk, rototill, plant, water, fertilize, hunt over, or utilize any type of seed, crop, plant, tree, or food plot $300.00 C. Cut, harvest, or remove vegetation without a permit First Offense Second and subsequent offenses $250.00 $500.00 D. Cut, harvest, or remove forest products without a permit First Offense Second and subsequent offenses $250.00 $500.00 E. Remove, dump, or excavate soil, gravel, rock, or mineral $250.00 F. Tap any tree for the purpose of syrup production without a permit $250.00 G. Disturb, excavate, collect, or remove any historic resource without a ---PAGE BREAK--- - 16 - permit $250.00 H. Harass or unlawfully kill wildlife $250.00