CSV.7.5.070 Wake Protection

(a) Prohibited Equipment. No person may use or employ ballast tanks, ballast bags or fins to cause a boat to operate in a bow-high manner, or which increases or enhances a boat's wake.

(b) Prohibited Operation. No person may operate a boat in an artificially bow-high manner having the effect of increasing the boat's wake. Such prohibited operation shall include:

(1) wake in excess of 24 inches above the waterline.

(2) wake enhancement by use of ballast tanks, or ballast bags or fins.

(3) continuous operation at transition speed (the speed below planing speed in which a boat is operating in plowing mode). For the purpose of this provision, "continuous operation" shall mean operation that is not acceleration for the purpose of achieving a state of planing."

(c) In no event shall any of the following operations be deemed a violation of this Ordinance, provided such operations do not create an artificial wake by continuous operation below planning speed, use or employ ballast tanks, ballast bags or wake enhancing fins:

(i) water skiing;

(ii) tubing;

(iii) wake boarding employing a tow rope;

(iv) brief transition operation to empty a boat of bilge water, or;

(v) brief transition operation of a boat accelerating into a planing condition.

(d) Penalties.

(1) For each instance where an individual or entity violates the restrictions above, the Tribe, acting through its Conservation Department Wardens, or Police Department's Officers, may cite and impose a civil penalty not to exceed five-thousand dollars ($5,000) per violation/occurrence on any person or entity who violates this ordinance.