News

FOR IMMEDIATE RELEASE

November 12, 2002

Judge Rules Town of Lyndon Cannot Restrict Personal Watercraft On Lake Ellen

Contact:
Elinore Boeke, 202-721-1621
Brian Berry, 202-777-3524

Sheboygan, WI —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.”

Modern marine engine technology such as four-stroke engines and direct-injection engines addresses many of the issues cited by industry critics, such as emissions and sound. U.S. Coast Guard figures show that more than 99 percent of PWCs are enjoyed accident-free each year.

The National Survey on Recreation and the Environment 2000 reports that 20 million Americans enjoy PWC each year. Ninety-nine percent of all personal watercraft sold today are multi-passenger vessels, with three- and four-seat models the fastest-growing segment of the industry. The average buyer is around age 40. These are family vessels, purchased by many of Wisconsin's 574,000 boating families who want to spend a day together on the water, and have found PWC to be affordable, approachable, and easy to store, transport, and maintain.

Safe and responsible operation is a priority for the personal watercraft industry. PWIA actively advocates for states to set a minimum age of 16 to operate a PWC, mandatory education for all PWC users, and other regulations. Makers of personal watercraft also support strict enforcement of navigation and safety laws, and have loaned more than 13,000 PWC to law enforcement agencies for on-water patrols and search and rescue activities.