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Old 06-23-2005, 07:31 AM
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Default Fighting wake zones...

Anyone had any luck fighting no-wake zones? We just had one placed on the river that is about 3 miles long. It effectively closes that area off to boaters. I am about to get involved in fighting it, but I figured I'd see if anyone here has had any experience.

I would think enforcement would be tough since any boat that is moving is making a wake.
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Old 06-23-2005, 07:38 AM
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Default Re: Fighting wake zones...

If its already in place,its pretty much there to stay.
You have a better chance fighting it before hand.
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Old 06-23-2005, 07:44 AM
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Default Re: Fighting wake zones...

Originally Posted by X-Rated30
Anyone had any luck fighting no-wake zones? We just had one placed on the river that is about 3 miles long. It effectively closes that area off to boaters. I am about to get involved in fighting it, but I figured I'd see if anyone here has had any experience.

I would think enforcement would be tough since any boat that is moving is making a wake.

Good luck, but it's really tough to get a No-wake Zones repelled after it's been installed!
Go to www.cffw.org and read on some of our ideas on Manatee Zones, which is basically the same, except Manatee Zones are based on BS science!
BTW, if it make you feel any better, I have a 1, 7, or 9 mile from our dock, depending which way we go!!
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Old 06-23-2005, 08:23 AM
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Default Re: Fighting wake zones...

You need to find the reason for the zone first. You need to know the stated reason and the "real reason". Many times a developer will get into the pocket of a pol and convince him that a no wake zone is good-right where he intends to buld waterfront homes. Some times it is based on junk science like the manatee/snail darter/erosion crap. This is harder to fight because the other side will fight for it to save the poor Manatee/snail darter/dirt. Also occasionally a group of homeowners will request a zone because of noise-now you have to make the state prove there is a noise problem. If the state put in the zone because of a real or perceived safety issue you may as well just pack more drinks in the cooler and take up cigar smoking-it will be there forever.

One other thing-is the zone actually a state/federal posting or is it just homeowners that had some signs made up? If it is homeowners, blow through the bastage, unless it is a regulated area by the state or federal government it is not enforceable.
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Old 06-23-2005, 08:35 AM
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Default Re: Fighting wake zones...

If it is there to stay... if you keep your boat at your house, then that's it...
But if you are at a marina, couldn't you try to find a marina on the other side of the NWZ or nearer an inlet?
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Old 06-23-2005, 09:04 AM
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Default Re: Fighting wake zones...

A few years ago a friend of the family blew through a no-wake zone at 70 in a bassboat. Got a ticket and went to court. He told the Judge that his boat puts out virtually no-wake at full speed. The Judge asked the water cop who then confirmed that statement so the ticket was thrown out!
I don't think that will work for 30ft go-fast though....Good Luck
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Old 06-23-2005, 09:13 AM
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Default Re: Fighting wake zones...

true, my 13 whaler made no wake at 28mph, compared to a 50 viking at idle.
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Old 06-23-2005, 10:48 AM
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Default Re: Fighting wake zones...

No one knew about the wake zone until it was done. They slipped it in without anyone knowing until it was too late.

I plan on arguing that the wake zone ordinances are "void for vagueness". You have a right to be on notice of what is illegal, and since all boats make a wake when under power, how much wake is too much?

Also, there is barge traffic on the river. If they don't stop the barges, I will argue selective enforcement. Not a good legal argument, but one that will get some attention.

Anyone else got any ideas?
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Old 06-23-2005, 12:14 PM
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Default Re: Fighting wake zones...

First talk to the local Marine Police and see who put the buoys there in the first place, then ask why.
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Old 06-23-2005, 12:25 PM
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Default Re: Fighting wake zones...

Originally Posted by Ron P
First talk to the local Marine Police and see who put the buoys there in the first place, then ask why.
Then swim out there and cut off the anchor line.
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