ORD1968126SORIIINANCE NO. 126-S
(Special Ordinance)
AN ORDINANCE ESTABLISHING RULES AND
REGULAT1:ONS FOR THE USE OF THE MUSKEGO
COUNTY PARK WITHIN THE CITY OF MUSKEGO
THE COMMON COUNCIL OF T€E CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1. Whereas, the Muskego County Park is located
within the City of Muskego, it is deemed necessary for the public
health, welfare, safety and morals, to establish rules and regu-
lations with respect to the use thereof.
SECTION 2. That certain ordinance entitled "An Ordinance
Establishing Rules and Regulations Governing Parks and Parkways
Under the Jurisdiction of the Waukesha County Park and Planning
Commission, Waukesha County, Wisconsin" enacted by the Waukesha
County Board on the 6th day of August, 1964 is hereby adopted by
reference and incorporated herein by reference and made a part of
this ordinance.
SECTION 3. The City Cl.erk shall keep and maintain a
copy of said ordinance on fi1.e in her office as a city record at
all times.
SECTION 4. Any person who shall violate any provisions
of this ordinance shall be subject to a forfeiture of not less than
One Dollar ($1.00), nor more than Two Hundred ($200.00) Dollars,
together with the costs of prosecution and in default of payment,
thereof, shall be imprisoned in the county jail until said for-
feiture and costs are paid, tsut not exceeding thirty (30) days.
SECTION 5. All ordinar.ces or parts of ordinances incon-
sistent with or contravening this ordinance are hereby repealed.
SECTION 6. This ordinance shall be in full fbrce and
effect from and after its put'lication and passage.
PASSED AND ADOPTED THIS 2 DAY OF I&, 1968.
ATTEST:
City C<erk /
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SECTION 1.
SECTION 2.
SECTION 3
AN ORDINANCE iZSTABLISHING RULES AND REGULATIONS
GOVERNING PARKS AND PARKWAYS UNDER THE JURISDICTION
OF THE WAUKESHA COUNTY PARK AND PLANNING COMMISSION
WAUlRESHA COUNTY, WISCONSIN
PURPOSE
The purpose of this ordinance shall be to protect in Waukesha
County the parks and parkways and appurtenances thereto from
fire, abuse and desecration; to provide for the recreational
use of these areas; to control and regulate traffic and main-
tain general order therein; and to further the safety, health,
comfort, morals and welfare of all persons while within the
limits of the parks and parkways.
DEFINITIONS
(A) Park; parkway The terms "park" and "parkway" wherever
used unless otherwise stated, shall include the grounds,
buildings thereon, waters therein, and any other property
which is now or may hereafter be under the control or
jurisdiction of the Waukesha County Park and Planning
Commission.
(B) Person The term "person", as used in this ordinance,
shall include any individual, firm, partnership, corpor-
ation and association of persons, and the singular number
shall include the plural.
(C) Commission The term "Commission", wherever used herein,
shall mean the Waukesha County Park and Planning Commission.
GENERAL PROVISIONS
(A) Hours when parks are open Except for vehicular traffic
moving upon through streets or roadways, and except
when the Commission publishes general permission to
use all or certain. parks or parkways upon summer nights,
the parks and parkways shall be closed at 11:OO p.m. each
night until sunrise the following morning, and no
person shall remai.n therein during said hours, provided
that, the Commission may from time to time, in all or any
of the parks or parkways, publish or post closing hours
different from the above, or discontinue closing hours, as
in the exercise of the judgement of the Commission may
appear reasonable and necessary.
(B) Closing Park and Parkway facilities to the public. In
case of an emergency, or when in the judgement of the
Commission the putllic interest demands it, any portion
of the parks or parkways or buildings therein may be
closed to the public, or to designated persons until
permission is given to return.
(C) Interference with park employees. No person shall
interfere with or in any manner hinder any employe of
the Commission, nor any employe of a contractor while
engaged in constructing, repairing, or caring for any
portion of the parks or parkwa.ys, or while in the discharge
of the duties conferred by this ordinance.
(D) Use of Liquor in Parks. No person shall bring into
or drink any spirituous, vinous, malt, or mixed liquors
in any park or parkway, except in such areas as designated
by the Commission and then only by written permission of
the Park Commission, and except at such places as beverages
are sold by licensees of the Commission.
2.
(E) Disordly Conduct:
,(l) No person shall use threatening, abusive, insulting,
~, . obscene, inde-cent kanguage or conduct which consti-
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' tutes a breach. <of the peace. '
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(2) No person violating any of the prohibitions enumerated
in (1) above sh8sll be allowed to remain in any park or
parkway .
(F) Smoking: when prohibited.
(1) No person shall be permitted to smoke, or to hold a
.lighted cigarette, cigar, or pipe in any building,
or section of .s building, or in any park or parkway
area where officially posted notices so prohibit.
cigarette stub or empty a lighted pipe from an auto-
mobile moving .along a parkway drive.
(2) No person shall throw or drop a lighted cigar or
(G) Care of waste.
(1) No person shall scatter, drop or leave any piece of
paper, rag, tin can, bottle, glass, peanut shells,
melon rinds, b.mana peels or other ga.r,bage, dead
flowers, or other rubbish in any portion of the parks
or parkways, except in the receptacles provided for
that purpose.
any park or pa:rkway shall immediately pick up the
broken pieces ,and remove same to a park waste container.
(3) No person shall deposit, dump, throw, or place any
earth, rubbish, dust, manure, paper, garbage, or any
other refuse magtter or any sand, stone, lumber, or
building mater.ia1, or any substance of any part of the
waters, ground;;, or roadways of any park or parkway
without written permission of the Commission.
(2) Any person who breaks a bottle or other glassware in
(H) Radios, television: loudness prohibited. Auto radios,
portable radios and television sets must be turned low
at all times so as not to be heard from a distance be-
yond twenty feet from the instrument. No portable radio
or television set shall be operated within any building
unless specifically permitted in connection with a
public gathering or a temporary exclusive use for which
a permit has been granted.
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SECTION 4. PUBLIC MEETINGS AND SPEECHES, DEMONSTRATIONS. SALES.
SOLICITATIONS AIIVERTISEMENTS , GAMES AND AMUSEMENTS.
(A) Permit required for public meetings. All public
meetings, assemblies, entertainments, tournaments or
public discussion on any subject, religious, social,
political, or o.therwise are prohibited within the
limits of any park or parkway except when a written
permit of the Commission has first been granted,
and then only in areas designated as assembly areas
by the Commission.
(B) Permit required for parade, funeral procession.
No military or other parade or procession or funeral
shall take place in or pass through the limits of any
park or parkway except upon written permit of the
Commission.
(C) Permit required for speeches, music. No person
shall make any oration, or harangue, or public speech,
nor use any loud speaker or other amplifying; nor
shall any person publicly play any music on any musical
instrument in any park or parkway without the written
permission of the Commission.
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(D) Permit required for services, demonstrations.
(1)No service or demonstration by a.n organization, creed,
or sect, excepting only non-denominational or inter-
denominational. Easter Sunday Services, shall be allowed
within the lirrlits of any park or parkway of Waukesha
County, except in those areas designated by the Commission
as assembly areas, and then only with the written per-
mission of the Commission. This shall not be construed
to forbid the offering of an invocation prayer or hymn
in connection with church picnics or other similar gather-
ings.
livered by any person for political purposes or in con-
nection with sale of any article or which shall con-
stitute a public criticism or abuse of any religious
organization or representative thereof.
(E) Permit required for advertising, sales.
(2) No sermon, discussion, harangue or speech shall be de-
(1) No person shall sell, keep, or offer for sale, any
tangible or intangible article, merchandise, or thing;
nor solicit for any trade, occupation, business or
profession, or for alms, within any park or parkway,
without the written permit of the Commission.
(2) No person shall distribute, post, affix or display any
card, handbill, sign, placard, target, banner, flag
(except that of the United States), or advertisement
of any kind within any park or parkway, or upon any of
the gates or enclosures thereof without the written
permit of the Park Commission. The word "Distribute"
shall include the scattering of printed matter from
aircraft.
(F) Games and amusements in designated areas. Gambling
prohibited.
(1)No person shall engage in any sport, game, race or amuse-
ment in any park orgarkway except upon such portions
thereof as may be ekignated for that purpose, and then
only under such rules and regulations as may be estab-
lished by the Commission.
(2) No person shall be allowed to tell fortunes or to play
or bet at or against any game which is played, con-
'. ducted, dealt or carried on with cards, dice, corn,
or other device for money, chips, credit, 'or any other
representative of value; nor shall any person be allowed
to maintain or exhibit any gambling table or other
instrument of gambling or gaming.
(G) Permits; interference with permittees prohibited.
(1) No person shall in any manner disturb, harass, or
interfere with any person or party holding written
permit as indicated above, nor with any of their
equipment \Jr property.
(2) Permits for the exlusive use of any picnic or play
area for a'ly specified date or time may be granted
at the disl-retion of the Commission, and no person
shall in any manner distrub or interfere with any
person or .party occupying the ground under such a
permit, nor with any of their eauiFment or property.
SECTION 5.
SECTION 6.
SECTION 7
4.
USE OF FIREARMS, FIREWORKS, BOW AND ARROW, THROWING OF
MISSILES, MAKING OF FIRES.
(A) Use of firearms and fireworks: hunting with bow and
arrow; tral-.
No person :;hall carry, fire, or discharge any gun, pistol
or fire-ann, nor any rocket, torpedo or any other firewor
of any description, nor shall any person engage in
trapping; nor shall any person hunt with bow and arrow
within any park or parkway. The word "gun1' shall
include air gun.
(B) Throwing o:E stones or missiles. No person shall throw
stones or missiles in or into any park or parkway.
(C) Making of fires.
(1) No person shall make or kindle a fire for any
purpose except in places provided therefor, and
then subject to such regulations as may be
prescribed.
(2) The use of charcoal burners in designated picnic
areas shall be permitted provided lawns and other
eegetation are not damaged and provided further
that all unburned coals or ash are disposed of
in such manner as to prevent fire or damage to
any park property.
ANIMALS IN PARKS AND PARKWAYS.
(A) Animals not allowed; exceptions. No animal except
those placed in the park or parkways by the authority
of the commission, and excepting horses when saddled
or harnessed and in use for riding or pleasure,
driving only on roadways or paths duly designated, and
except dogs on leash as regulated by subsection (B)
hereof, shall be conducted into or driven within the
parks or parkways or be allowed to remain therein. fl
(B) Dogs on leash; when excluded. No person having the
control or care of a dog shall permit such dog to
enter or remain in a public park or parkway unless it
is led by a leash of suitable strength not more than
six feet in length and. then only within such areas in
parks as have been designated by order of the Commission.
The Commission shall cause signs to be posted in areas
wherein dogs are not permitted.
PROTECTION OF PARK PROPERTY: USE AND ABUSE OF EQUIPMENT.
(A) Fish, waterfowl, game birds.
(1) No person shall take or attempt to take any fish
from, or 5:end or throw any animal or thing into or
upon, any of the waters of the parks or parkways; or
kill, injure, or attempt to injure, or unnecessarily
disturb the fish in said waters, except with per-
mission of the Commission.
(2) No one shall kill, injure, or attempt to injure,
or unneces.sarily disturb any waterfowl or other birds
or animals,, wild or domestic, within any of the parks
or parkways. Nor shall any person rob or disturb
the nest csr eags of any bird or other animal therein.
5.
(B) Injury to vegetation, structures, and equipment.
(1) No person shall climb any tree, or pluck any flowers
or fruit, .wild or cultivated, or break, cutdown,
trample upon, remove, or in any manner injure or
deface, write upon, defile or ill use any tree,
shrub, flower, flower bed, turf, fountain, ornament,.. -.
statue, building, fence, apparatus, bench, table,/.
official notice, sign, bridge, structure, or othei-
property within any park or parkway.
(2) No person in any park or parkway shall remove any
device for the protection of trees or shrubs; nor
shall any person fasten a horse or other animal
next to any tree, shrub or grass plot which may
become damaged by the action of the animal.
(C) Removal of ice or sand prohibited. No person shall
take ice from any stream or lake within any park or
parkway, nor remove any sand therefrom or from the
shores thereof without a written permit of the
Commission.
or land with any aircraft, including gliders and para-
chutes, nor engage in stunt flying or parachute landing
in any park or parkway without the written permit of the
Commission.
(D) Aircraft Landinp prohibited. No person shall ascend
(E) Sleeping, camping regulated.
(1) No person shall lie down upon any bench or table
in any park or parkway, nor shall hang, occupy, or use
any hammock, excepting those used for placing infants
therein.
(2) No person shall sleep, or camp, or lodge in any park
or parkway except in such places as designated for such
purposes, as overnight or tourist, or trailer camps, or
camp sites, and then only subject to the rules and reg-
ulations of the Commission governing the use of such
areas.
SECTION 8. INSTALLATIONS, PUBLIC UTILITIES AND PRIVATE CONSTRUCTION
(A) Location and installation of utility fixtures. The
location of all sewers and receivers, gas pipes, water
pipes, stopcock boxes, hydrants, lamp posts, tele-
graph, telephone, and electric power posts and lines,
manholes, conduit and pumps within any park or park-
way shall be subject to the jurisdiction and control
of the Comission; and their construction, erection,
repair or relocation shall be undertaken only after
written permission is received from said Commission.
(B) Private drives & walks, design and installation.
(1) No curb, whether stone, concrete or grass, shall
be cut for the purpose of constructing a private
driveway across any parkway border nor for any other
purpose, .without written permission of the Commission.
(2) The location, width, grade, and construction of all
paths, driveways and roadways across any sidewalk
border along any parkway shall be subject to the
approval of and constructed only after written per-
mission therefor is obtained from the Commission.
6.
(3) Every person, firm, or corporation, who shall receive
a permit to open a trench, to cut a curb, or to deposit
materials in o:c upon any park or parkway shall at all
times after such work has been commenced or materials
deposited, and until the same has been completed, and
until all accurnulations of materials resulting from
such work have been removed, so guard and protect
the same that persons driving or passing along the
roadway or sidewalk or in the vicinity of the place
where the work is being done, shall not be likely to
meet with any accident therefrom; and shall also
during the time from sunset to sunrise, each night
while said work is in progress, cause the same to
be securely fenced and guarded by a red light or
lights placed in a conspicuous position, and so se-
cured that the same shall not be extinguished.
SECTION 9. TRAFFIC REGULATIONS.
(A) Regular drives and parking areas. No person shall drive
any automobile, motorcycle, or other vehicle of traffic
or burden upon any part of the parks or parkways except
the proper drives and parking areas, or permit the same
to stand upon the drives or any part thereof so as to
congest traffic or obstruct the drive.
(B) Vehicles for hire. No person shall cause any taxi, bus,
limousine, or otter vehicle for hire to stand upon any
part of the parks or parkways for the purpose of solic-
iting or taking i.n passengers or persons other than
those carried to the parks or parkways by said vehicle,
unless licensed by the Commission.
(C) Vehicles prohibit.ed. No person shall cause any bus
with or without passengers, nor any cart, dray, wagon,
truck, or trailer or other vehicle carrying goods,
merchandise, manure, soil, or any other articles, or
solely in use for the carriage of goods, merchandise,
manure, or other article, to enter or be driven in any
part of the parks or parkways. This section shall
not apply to vehicles engaged in the construction,
maintenance, or operation of the parks or parkways,
to vehicles making deliveries to the parks or parkways,
nor to buses under permit of the Commission.
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(D) Traffic codes. It shall be the duty of every person
operating an automobile, motorcycle, or other vehicle
of traffic or burden within the parks or parkways to
comply with the state, county and municipal traffic
codes and with all orders, directions, and regulations
of traffic officers, or officially displayed on any
post, standard, sign, or device installed for the reg-
ulations of traffic.
(E) Speed of Vehicles. The Park and Planning Commission
shall cause signs-to be erected indicating speed limits
on roads and drives. Where no such signs are posted
the speed shall in no case be greater than 25 miles per
hour.
(F) Traffic controls. The Park and Planning Commission shall
cause to be erected such other traffic control signs as
are necessary for the proper regulations and safe movement
of vehicles, pedestrians, and equestrians.
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(G) Parking Regulations., Vehicles normally shall be parked
in designated parking areas. Parking along roads and
drives may be controlled by appropriate signs.
eSECTION
REGULATIONS OF BICYC:LE RIDERS.
Riders of bicycles shall comply with the rules for the
regulation of other vehicles, as stated in Section 9
of this ordinance.
or foot trails in the parks or parkways.
Riders shall proceec. in the extreme right hand lane
of the drives at all. times, in single file only.
Riding crosswise anc, curving to and fro are strictly
prohibited.
No rider shall take both hands off the handles or ride
recklessly in any ot:her manner.
A bicycle shall not be towed by a rope or otherwise,
nor shall any rider hold on to any moving vehicle for
the purpose of being drawn along.
No bicycle shall be pushed upon any park or parkway
drive where an adjoining footwalk is available.
Infants, children, c~r extra passengers shall not be
carried on bicycles in any manner whatsoever.
Children riding smal.1 bicycles, wheels less than
twenty inches in diameter, may use the footwalks.
Wherever possible, tlicycles shall be parked in places
provided for such purpose.
No person shall ricle a bicycle upon the lawns, walks
SECTION 11. HORSEBACK RIDING REGULATIONS.
Horseback riders shall comply with the following:
(A) No person shall ride horseback in any park or parkway
except upon designated roadways and bridle paths.
(B) No person shall be permitted to ride horseback in any
park or parkway after dark or before daybreak.
(C) No person shall be permitted to ride or drive a horse
which cannot be held under such control that it may be
easily turned or stopped.
(D) No person shall be permitted to ride or drive a horse
(E) Pedestrians shal.1 have the right of way when crossing a
in a reckless manner.
bridle path, and whenever groups of people are visible
within 300 feet,, horses shall be ridden at slow gaits.
(F) Every rider shal.1 comply with all Commission rules and
signs along the bridle paths.
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SECTION 12. BATHING AND SWIMMINC REGULATIONS
Bathers and swimmer:; shall comply with the following:
(A) No person shall wade, bathe, or swim within a park or
parkway except at such pools or beaches as are or may
be designated for that purpose by the Park and Planning
Commission.
(B) No person shall wade, bathe, swim in, or attend any such
pool or beach without proper bathing attire.
(C) No person dressed in bathing costume shall be permitted
in the parks or parkways except in such areas as are
designated or bathers by the Park and Planning
Commission.
(C) No person dressed in bathing costume shall be permitted
in the parks or parkways except in such areas as are
designated for bathers by the Park and Planning Commission.
(D) No person shall take any tin cans, bottles or glassware
of any kind, except eye glasses, into an area designated
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as a beach or pool for bathers by the Park and Planning
Commission.
(E) Any other rules and regulations which may be posted at
beaches, pools or in bathhouses or other buildings.
@SECTION 13. BOAT LAUCHING AND DOCKING REGULATIONS
(A) No person shall launch or dock any boat or other water
craft except at locations or facilities provided and
designated for th.at purpose by the Park and Planning
Commission.
(B) No person shall 1.aunch or dock any boat or other water
craft except at s,uch times as are designated by the
Park and Planning. Commission.
(C) No person shall s,tore or leave unattended overnight
any boat or other water craft without the written per-
mission of the Pz.rk and Planning Commission.
County Park System shall comply with all posted regula-
tions of the Waukesha County Park and Planning Commission.
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I (D) All persons using the boating facilities of the Waukesha
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SECTION 14. ADMINISTRATION
(A) Permits. All permits shall be issued by a duly author-
i ized employee of the Park and Planning Commission in
writing and subject to park rules and regulations. The
persons to whom such permits have been granted shall be
bound by said rules and regulations as fully as though
the same were inserted in said permits, and any person
or persons to whom such permits have been granted shall
be liable for any loss, damage, or injury sustained by
the Park and Planning Commission or by any person by
reason of the negligence of the person or persons to
whom such permits have been granted, their servants or
agents ,
(B) Leasing of equipment. The Park and Planning Commission
is authorized to lease equipment suitable for recreat-
ional purposes to private or public organizations
upon such terms as it may determine provided that any
such lease shall1 contain the provision binding the
lessee to save and keep the County of Waukesha hann-
less from any and all liability whatsoever arising out
of the leasing and use of such equipment, and provided
further that the Park and Planning Commission may, in
its discretion, in each case require lessee to provide
public liability insurance covering the use of such
equipment.
County Board, the Park and Planning Commission may adopt
additional or revised rules and regulations for the
proper conduct and administration of the parks and
parkways in the County of Waukesha not inconsistent
with this ordinance, and may perform such other acts with
reference to the management of the said parks and park-
ways as are 1aw:Eul and as they may deem expedient to
promote the beauty and usefulness of said parks and
parkways and to increase the comfort, safety, conven-
ience and public welfare of the citizens of Waukesha
County and of visitors to said parks and parkways in
their 'use of th12 same.
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(C) Supplementary rules. - Until otherwise directed by the
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SECTION 15. ENFORCEMENT AND PENALTIES.
(A) Police Powers. Any peace officer of Waukesha County
or any of its municipal subdivisions may without a
warrant arrest any offender whom he may detect
in the violatilm of any of the provisions of this
ordinance, and take the person so arrested forth-
with before a magistrate having competent
jurisdiction, ,and he shall have at all times the
right to enter the premises of any building, structure,
or enclosure in any park or parkway, including such
grounds, build,ings, structures, or enclosures which
may be leased ,or set aside for private or exclusive
use of any individual or group of individuals, for
the purpose of arresting violators hereof, and may
use all necessary means to attain that end.
(B) Penalties. An:y person violating any of the provisions
shall for each offense, forfeit a penalty of not
less than Two I~ollars ($2.00) nor more than One
Hundred Dollar;; ($100.00) together with the taxable
costs in said :action in the discretion of the court,
and in default of payment thereof shall be imprisoned
in the County ,jail of Waukesha County for a period
not to exceed ninety (90) days, in the discretion
of the court.
SECTION 16. REPEAL OF CONFLICTING ORDINANCES
All other ordinances or parts of ordinances in conflict
with the provision:; of this ordinance are hereby repealed.
SECTION 17. DECLARATION OF SEVERABILITY
The several sections, subsections and paragraphs of this
ordinance, are hereby declared to be severable. If any
section, subsection, paragraph or subparagraph of this
ordinance shall be declared by a decision of a Court of
competent jurisdiction to be invalid, such decision
shall not affect the validity of the other provisions
of the ordinance, or of the section of which the invalid
portion or paragraph may be a part.
SECTION 18. EFFECTIVE DATE
Following passage and publication by the County Board
this ordinance shall be in full force and effect in
each park and parkway.
SECTION 19. ADOPTION
Passed and approved by the Board of Supervisors of
Waukesha County, Wisconsin this 8th day of December
1958 .
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REGULATION UNDER SECTION 13 (D) OF
AN ORDINANCE OF 'THE PARK AND PLANNING COMMISSION
ESTABLISHING 'RULES AND REGULATIONS GOVERNING
PARKS AND PARKWAYS UNDER THE JURISDICTION OF
THE WAUKESHA COIJNTY PARK AND PLANNING COMMISSION
WAUKI3SHA COUNTY, WISCONSIN
SECTION 13. BOAT LAUNCHING AND i30CKING REGULATIONS
(D) All persons using the boating .facilities of the
Waukesha County Park System shall comply with all
posted regulations of the Waukesha County Park and
Planning Commission.
Commission Regulation effective July 2, 1964
La~unching of Boats with Marine Toilets
The launching 0:: any boat containing a toilet for the
disposal of any waste material shall hereafter be pro-
hibited at all County-owned boat launching facilities
unless the toilet is plugged from the outside of the
hull in such a r~anner that the plug cannot be removed
from the inside of the boat.
je 12/13/68