HomeMy WebLinkAbout5J - No-Wake Zones and Speed Limits on Prior Lake
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MAY 4, 2009
108
JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 703 OF
THE CITY CODE TO INCLUDE SPECIFIC NO-WAKE ZONES AND CLARIFY
SPEED LIMITS ON UPPER AND LOWER PRIOR LAKE
Introduction
The purpose of this agenda report is to consider an amendment to Section 703
of the City Code, establishing specific no-wake zones on Upper and Lower Prior
Lake.
Historv
Section 703 (Public Waters) of the City Code establishes a no-wake zone on the
public waters within the City of Prior Lake. This ordinance has been in force for
more than a decade. The Scott County Sheriff's office has recommended some
refinements to the ordinance and the Lakes Advisory Committee has conducted
a public hearing to receive input on the proposed changes.
Current Circumstances
The Scott County Sheriff's Department is responsible for patrolling and enforcing
this ordinance. As a result of their experience, the enforcing officers have
concluded there are channel areas on Prior Lake which should be explicitly part of
the no-wake zone, but are greater than 150' in width. For this reason, the-y
officers have suggested the ordinance be amended to designate the locations of
the channels listed below as "no-wake zones:
~ The channel located directly North and South of the County Road 21/Eagle
Creek A venue Bridge starting and ending at the navigational red and green
channel markers located at both ends.
~ The navigational channel marked by red and green navigational channel
markers and no-wake buoys to the east of Reed's Island.
~ The navigation channel marked by slow no-wake buoys at both ends north and
south of the Lords Street Bridge.
~ The navigational channel marked by slow no-wake buoys entering and exiting
from Boudin's Bay, including the entire surface area of Boudin's Bay.
~ The entire surface area of Candy Cove, starting and ending at the no-wake
buoy placed approximately one hundred fifty (150) feet west of the entrance
point to Candy Cove.
~ The channel located at the entrance/exit point to Mud Bay, marked by slow no-
wake buoys at either end of the navigable channel at said entrance/exit point.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
The Lakes Advisory Committee considered this amendment at a public hearing
on March 17, 2009. There were no public comments. The LAC had a number of
questions about the applicability of the restrictions on towing water toys and
persons in the ordinance. After discussing the issue on both March 17'h and
April 21st, the LAC directed staff to provide additional information on the towing
restrictions. In the meantime, the LAC recommended approval of the
amendments to the ordinance establishing the specific no-wake zones.
ISSUES:
The attached ordinance is consistent with the LAC recommendation except with
respect to towables where they have not yet reached a consensus. The LAC will
continue to discuss this issue and hopes to bring a recommendation to the
council at some time in the future. The LAC and staff believe that the other
amendments to the ordinance should be acted upon as soon as possible to
facilitate communication of these changes to users of Upper and Lower Prior
Lake. The council should also be aware that the proposed amendment places a
forty mile per hour speed limit on the lake at all times not just on weekends and
holidays as was true in the original ordinance. The ordinance establishes the
specific no-wake zones in channels that are narrow, but still greater than 300'
across.
FINANCIAL
IMPACT:
There is no financial impact in adoption of this ordinance. The ordinance will
also provide clarity to law enforcement officers when dealing with enforcement of
no-wake zones.
ALTERNATIVES:
1. Adopt the attached ordinance amending Section 703 of the City Code
establishing specific no-wake zones and clarifying the speed limit on Upper
and Lower Prior Lake.
2. Deny the ordinance and provide staff with specific direction.
RECOMMENDED The staff recommends alternative #1. This requires a motion and second
MOTION: adopting an ordinance amending Section 703 of the City Code establishing
specific ho-wake zones on Upper and Lower Prior Lake.
ReVie~;j A I
Frank Boyles, CDler t
"\
CITY OF PRIOR LAKE
ORDINANCE NO.1 09-XX
AN ORDINANCE AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 703 of the Prior Lake City Code is hereby amended to delete the existing language in its
entirety and replace it with the new language as shown below:
SUBSECTIONS:
703.100:
703.200:
703.300:
703.400:
703.500:
703.600:
703.700:
703.800:
703.900:
703.100:
703.200:
703.300:
SECTION 703
PUBLIC WATERS
CHAPTER
PURPOSE, INTENT AND ApPLICATION
DEFINITIONS
SPEED LIMITATIONS
ADDITIONAL RESTRICTIONS
EXEMPTIONS
NOTIFICATION
ENFORCEMENT
PENALTIES
TITLE: This Section shall be known and cited as the PUBLIC WA TERS Code.
PURPOSE, INTENT AND ApPLICATION: Consistent with the authority provided to
the City pursuant to Minnesota Statutes 868.201, 868.205, and 459.20, AND
Minnesota Rules 6110.3000 - 6110.3800, as may be amended from time to time, the
purpose of this Section is intended to: control and regulate the use of the waters of
Upper and Lower Prior Lake in the City of Prior Lake, Minnesota; to promote to the fullest
extent possible the public's use and enjoyment of the of Upper and Lower Prior Lake; to
promote and protect the safety of persons and property in connection with the use of the
waters of Prior Lake; to harmonize and integrate the varying uses of the waters; and to
promote the public health, safety and welfare.
DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota
Statute Section 868.005 are incorporated herein and made part of this Section. Terms
not defined by said statute shall have the following meanings:
High Water: An elevation of 904.0' or greater above mean sea level on Prior Lake, as
determined by the Prior Lake/Spring Lake Watershed District gauge.
703.400:
703.401
703.402
703.403
703.404
Personal Watercraft. A watercraft less than 14 feet in length which uses a motor
powering a water jet pump, as its primary source of motive power and which is
designed to be operated by a person sitting, standing or kneeling on, rather than the
conventional manner of sitting or standing inside, the watercraft.
Prior Lake: The body of water given that name and assigned the lake numbers 70-2 and
70-72 by the Department of Natural Resources.
Shore: The line separating land and water which shifts as lake levels increase and
decrease.
Slow No-Wake: The operation of a watercraft at the slowest possible speed necessary to
maintain steerage and in no case greater than five (5) miles per hour or such lesser
soeed so as not to cause a wake.
Towable: Any water toy that is pulled or towed by a watercraft including, but not
limited to, inflated devices, kneeboards, wake boards, and water skis. What about
other boats?
Watercraft Any contrivance used or designed for navigation on water, except: 1) a duck
boat during the duck hunting season; 2) a rice boat during the harvest season; or 3) a
seaplane.
SPEED LIMITATIONS:
Daytime Speed Limit: During the hours of sunrise to one hour after sunset, no person
shall operate a watercraft at greater than forty (40) miles per hour.
Nighttime Speed Limit: During the hours from one hour after sunset to sunrise the next
day, no person shall operate a watercraft at greater than twenty (20) miles per hour.
General Speed Limits: No person shall operate a watercraft at any time at greater than
slow no-wake speed within one hundred fifty (150) feet from shore.
Hiah Water Slow No-Wake: No person shall operate a watercraft at greater than Slow-
no wake speed 24 hours per day when the lake level on Prior Lake exceeds 904.0 feet as
measured at the gauge located on the Northwest support on the County Road 21/Eagle
Creek Avenue Bridge. When the water level reaches 904.0 feet above mean sea level,
the City Manager shall declare that "NO-WAKE" restrictions are in effect. The City
Manager or designee shall arrange to have notice of the no-wake restriction televised on
the City's cable channel. The slow no-wake restriction shall become effective as of the
first televised notification. All public water accesses shall be posted prior to and during
the time the restrictions are in place. In addition, notice of no-wake restrictions shall be
posted at Prior Lake City Hall.
When high water levels have subsided and have remained below an elevation of 904.0
feet above mean sea level for three (3) consecutive days, the restrictions shall be
promptly removed.
703.405
703.500
703.501
703.600:
703.700:
Marked Slow No-Wake Zones: No person shall, at any time, operate a watercraft at
greater than slow no-wake speed in any marked no-wake zone. The City of Prior Lake,
County of Scott shall erect or cause to be erected buoys marking navigable channels
and/or no-wake zones. These channels and zones are intended to maintain a safe lake
environment and protect the lives and property of all lake users and shore land owners.
Said channels/zones shall be posted at the following locations:
~ The channel located directly North and South of the County Road 21/Eagle Creek
Avenue Bridge starting and ending at the navigational red and green channel
markers placed at both ends.
~ The navigational channel marked by red and green navigational channel markers
and no-wake buoys to the east of Reed's Island.
~ The navigation channel marked by slow no-wake buoys at both ends north and
south of the Lords Street Bridge.
~ The navigational channel marked by slow no-wake buoys entering and exiting
from Boudin's Bay, including the entire surface area of Boudin's Bay.
~ The entire surface area of Candy Cove, starting and ending at the no-wake buoy
placed approximately one hundred fifty (150) feet west of the entrance point to
Candy Cove.
~ The channel located at the entrance/exit point to Mud Bay, marked by slow no-
wake buoys at either end of the navigable channel at said entrance/exit point.
Towing Restrictions
Distance. No watercraft towing a person on any towable shall be operated at any time
within one hundred fifty (150) feet of shore, provided, however, that any watercraft
launching or landing a person on said towable by the most direct and safe route to open
water or shore shall be exempt from this provision.
ADDITIONAL RESTRICTIONS: No person shall use an inflatable water toy, air mattress
or innertube more than one hundred fifty feet (150') from shore, unless accompanied by a
watercraft. No person shall swim more than one hundred fifty feet (150') from shore,
unless accompanied by a watercraft.
EXEMPTIONS: All authorized resource management, emergency and enforcement
personnel, while acting in the performance of their assigned duties, are exempt from the
restrictions set forth in this Section.
A temporary exemption from the restrictions set forth in subsection 703.500 may be
allowed under certain circumstances. To qualify for a temporary exemption, an
application for a permit must be completed, which shall include: the purpose of the
exemption, the organization or persons being exempted, the location of the exemption,
and the date and time of the exemption. The temporary exemption permit shall be issued
by the Scott County Sheriff's Department.
703.800: NOTIFICATION: The City shall notify the public of this Section, which shall include but
not be limited to placing a sign at each public watercraft launching facility outlining the
essential elements of this Section, as well as placing other necessary buoys and signs.
703.900: ENFORCEMENT: The enforcement of this Section shall be the primary responsibility of
the Scott County Sheriff's Department. Other licensed peace officers, including
conservation officers of the Minnesota Department of Natural Resources, are also
authorized to enforce the provisions of this Section.
703.1 000: PENALTIES: Any person violating the terms of this Section shall, upon conviction
thereof, be found guilty of a misdemeanor and shall be punished in accordance with the
penalties established by Minnesota Statutes.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of May, 2009.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of May, 2009.
Drafted By:
Prior Lake Building and Transportation Services Department
4646 Dakota Street SE
Prior Lake, MN 55372