2010AP2429 Town of Presque Isle v. Iwakiri

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Municipalities
Boating ordinances; publication; public hearings

Holly Iwakiri appeals a judgment of conviction for two violations of the Town of Presque Isle’s boating ordinances. The circuit court found Iwakiri guilty of operating a motor boat at speeds greater than “slow-no-wake” within two hundred feet of shore and operating a motor boat while towing a water skier after 5 p.m. See Town of Presque Isle, Wis., Ordinances §§ 501.03(3)(a), 501.03(4). Iwakiri argues the ordinances are invalid because the Town failed to comply with the substantive and procedural requirements of Wis. Stat. § 30.77. Specifically, she asserts the ordinances are invalid because (1) they were not properly published, (2) the ordinances are not lake specific, and (3) the Town failed to hold a public hearing pursuant to Wis. Stat. § 30.77(3)(aw) prior to enactment. She also contends that if we determine § 30.77 does not require a public hearing for lakes wholly within a municipality’s borders, the statute violates her constitutional right to equal protection.

We conclude a factual dispute exists regarding the ordinances’ publication, and we reverse in part for a factual determination. However, we also affirm in part, concluding Wis. Stat. § 30.77 does not require ordinances to specifically refer to individual lakes, the Town was not required to have a Wis. Stat. § 30.77(3)(aw) public hearing prior to enactment, and failure to have such a hearing did not violate Iwakiri’s constitutional rights. This opinion will not be published.

2010AP2429 Town of Presque Isle v. Iwakiri

Dist III, Vilas County, Nielsen, J., Brunner, J.

Attorneys: For Appellant: Gunther, Peter C., Wausau; VanderWaal, Shane Jon, Wausau; For Respondent: Burgy, Dennis M., Eagle River

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