HomeMy WebLinkAbout109-04 Public Waters RESCINDED 05 18 09• c~ PRTp~E.
'~ :'
N ~~` 4646 Dakota Street S.E.
U T ; Prior Lake, MN 55372-1714
`_~1Mveso~~' , ~,
CITY OF PRIOR LAKE
ORDINANCE NO. 109-04
AN ORDINANCE AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
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:
SECTION 703
PUBLIC WATERS
SUBSECTIONS:
703.100: CHAPTER
703.200: PURPOSE, INTENT AND APPLICATION
703.300: DEFINITIONS
703.400: SPEED LIMITATIONS
703.500: ADDITIONAL RESTRICTIONS
703.600: EXEMPTIONS
703.700: NOTIFICATION
703.800: ENFORCEMENT
703.900: PENALTIES
703.100: TITLE: This Section shall be known and cited as the PUBLIC WATERS Code.
703.200: PURPOSE, INTENT AND APPLICATION: Consistent with the authority provided to
the City pursuant to Minnesota Statutes 866.201, 866.205, 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.
703.300: DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota
Statute Section 866.005 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.
www. cityofpriorlake. com
Phone 952.447.9800 /Fax 952.447.4245
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
speed 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.
703.400: SPEED LIMITATIONS:
703.401 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.
703.402 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.
703.403 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.
703.404 High Water Slow No-Wake: No person shall operate a watercraft at greater than Slow-
nowake 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 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.
703.500 Towing Restrictions
703.501 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.
703.600: 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.
703.700: 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 Sheriffs 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 Sheriffs 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.
703.1000: 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 M n e
aw-
Ma or
Published in the Prior Lake American on the 9th day of May, 2009.
CITY OF PRIOR LAKE
ORDINANCE NO. 109-04
AN ORDINANCE AMENDING
SECTION 703 OF THE PRIOR
LAKE CITY CODE
The City Council of the City of
Prior Lake does hereby ordain that:
Section 703 of the Prior Lake
City Code is hereby amended to de-
lete the existing language in its en-
tirety and replace it with the new
language as shown below:
SECTION 703 Affidavit of Publication
PUBLIC WATERS
Subsections:
703.100: Chapter Southwest Newspapers
703.200: Purpose,Intent
and Application
703.300: Definitions
703.400: Speed Limita- State Of MlnneSOta)
tions
703.500: Additional Re- ~SS.
strictions
703.600: Exemptions County of Scott )
703.700: Notification
703.800: Enforcement
703.900: Penalties
703.100: Title: This Sec-
tion shall be known and cited as the Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
PUBLIC WATERS Code. agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen-
703.200: Purpose, In- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as
tent and Application: Consistent
with the authority provided to the follows:
City pursuant to Minnesota Statutes
86B.201, 86B.205, and 459.20, AND (A) These newspapers have complied with the requirements constituting qualification as a legal
Minnesota Rules 6110.3000 - newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
6110.3800, as may be amended from amended.
time to time, the purpose of this
Section is intended to: control and (B) The printed public notice that is attached to this Affidavit and identified as No. ~ ~ •3
regulate the use of the waters of Up- was published on the date or dates and in the newspaper stated in the attached Notice and said
per and Lower Prior Lake in the City Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
ofPrior Lake, Minnesota; to promote the news a er s ecified. Printed below is a co of the lower case al habet from A to Z both
to the fullest extent possible the P P P PY P >
public's use and enjoyment of the of inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Upper and Lower Prior Lake; to pro- and publication of the Notice:
mote and protect the safety of per-
sonsandpropertyinconnectionwith abcdefghijklmnopgrs z
the use of the waters of Prior Lake; to
harmonize and integrate the varying ,.- ' / .
uses ofthe waters; and topromotethe /~ / ~1 ~~
public health, safety and welfare. By: U fff//J »L-
703.300: Definitions: ~ Laurie A. Hartmann
For the purposes of this Section, the
defmitions set out in Minnesota Stat-
ute Section 86B.005 are incorporated
herein and made part of this Sec- Subscribed and sworn before me on
tion. Terms not defined by said stat-
ute shall have the following mean-
ings:
High Water:Anelevationof904.0' this ~ ~ -ih da of ~`1~l b 2009
or greater above mean sea level on y
Prior Lake, as determined by the Prior
Lake/Spring Lake Watershed Dis- ,,,.,,;,;;~~~
trict gauge. ``l JVNiNIE J. SARK
Personal Watercraft. Awater- ~ ~ NOTAR~I PUBLIC - MINNESOTA
craft less than 14 feet in length which L - .'- - '
uses a motor powering a water jet ~', - ~ My ;;ommissien Expires 01/31/2013
pump, as its primary source of mo- Not ublic `~~#---.
tive power and which is designed to '~~'~''~"~""°'°°'~
be operated by a person sitting,
standingorkneeling on, ratherthan
the conventional manner of sitting
or standing inside, the watercraft.
Prior Lake: The body of water
given that name and assigned the RATE INFORMATION
lake numbers 70-2 and 70-72 by the Lowest classified rate aid b commercial users for com arable s ace.... $31.20 er column inch
Department of Natural Resources. p Y P P P
Shore: The line separating land Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
and water which shifts as lake levels Rate actually charged for the above matter .............................................. $12.43 per column inch
increase and decrease.
Slow No-Wake: The operation of
a watercraft at the slowest possible
speed necessary to maintain steer-
age and in no case greater than five
(5) miles per hour or such lesser speed
so as not to cause a wake.
Towable.• Any water toy that is
pulled or towed by a watercraft in-
cluding, 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.