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Home My WebLink About5L - City Code Ordinance Section 703 No-wake Zones MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street SE Prior Lake. MN 55372 CITY COUNCIL AGENDA REPORT MAY 17,2010 5L LARRY POPPLER, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 703 OF THE CITY CODE TO INCLUDE SPECIFIC NO-WAKE ZONES 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, their 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 Avenue 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. R:\Council\2010 Agenda Reports\05 17 10\SECT 703 Agenda Report.doc ISSUES: FINANCIAL IMPACT: AL TERNATIVES: The Lakes Advisory Committee considered this amendment at a public hearing on April 20,2010. There were no public comments. Conclusion The attached ordinance is consistent with the LAC recommendation, The amendment clarifies by ordinance the specific no-wake zones in channels that are narrow, but still greater than 300' across. 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, 1. Adopt the attached ordinance amending Section 703 of the City Code establishing specific no-wake zones, 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 s ecific no-wake zones on Upper and Lower Prior Lake, Revi~ed t{j. ~1J / Frank BOY?) Y ~anager R:\Council\2010 Agenda Reports\05 17 10\SECT 703 Agenda Report.doc 2 Public Ways & Property ORDINANCE NO. 11 O-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 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: 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 authoritv provided to the Citv pursuant to Minnesota Statutes 86B.201, 868.205. and 459.20. and Minnesota Rules 6110.3000 - 6110.3800. as mav be amended from time to time. the puroose of this section is intended to control and reaulate the use of the waters of Upper and Lower Prior Lake in the City of Prior Lake, Scott Countv. Minnesota: to promote to the fullest extent possible the public's use and eniovment of Upper and Lower Prior Lake: to promote and protect the safetv of persons and propertv in connection with the use of these waters: to harmonize and intearate the varvina uses of these waters: and to promote the public health. safetv and welfare on Upper and Lower Prior Lake. :rr.:.s section is ~rr2stea-fcr tr.€ ~b:r;>es~ c:n8-wi~h tho intEnt t9 G~r:tr~1 =nd rogul3te thE ~:o of the '....3tsrs of Prior ~=k€ in ~ho City of Prior ~al~€., Minnes3t=, to pr9ffiet€ i~s ~€€~ US€ 3r.d onjoym€nt E}' tho public in ~€rc:1 ar.s proporty in connectbn with ~h~ use-ef Gdd IJ.'3torG; to h=rr:13ni:z:e aRe i:1tew=ate ~h~ v3ryins b:ses-ef s2id w3ters; c:nd to promotE ~he gonor31 Real~h, sc:foty 3nd '....olfaro of the citizonG of MinnoGot3. City of Prior Lake 703/p1 703.300: 703.400: 703.401 703.402 703.40~ 703.40~ 703.40~ Public Ways & Property DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota Statute Section 86B,005 are incoroorated herein and made Dart of this Section. the follo'/:ing Iterms not defined bv 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. 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. 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. WATERCRAFT SPEED LIMITATIONS: Towina Restrictions: No perG€n ~hall 9f3eFat€ :3 \vateFs:-::~, any time, at greater tAar. :: slo'll no w3ke speed within one hundred fifty feet (15~') f:-9::F. sr.9FET. No watercraft towing a person on water skis, inner tube, aquaplane or similar device shall be operated at any time within one hundred fifty feet (150') of shore; provided, however, that any watercraft launching or landing a person on water skis, inner tube, aquaplane or similar device by the most direct and safe route to open water or shore shall be exempt from this provision, General Soeed Limit: No oerson shall ooerate a watercraft. at anv time. areater than a slow no-wake soeed within one hundred fiftv feet (150') from shore, Davtime Soeed Limit: No person shall operate a watercraft at greater than forty (40) miles per hour, from sunrise to one hour after sunset, on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day weekend. Niahttime Soeed Limit: No person shall operate a watercraft at greater than twenty (20) miles per hour, from one hour after sunset to sunrise the following day, at any time during the year. Hiah Water Slow No-Wake: No person shall operate a watercraft at greater than a slow no-wake speed on the entire Lake when the water level reaches nine hundred four feet (904,0') sea level, as measured by the City at the Prior Lake/Spring Lake City of Prior Lake 703/p2 703.406 703.500: 703.600: Public Ways & Property Watershed District gauge. When the water level of Prior Lake reaches 904,0' sea level, the City Manager or designee shall arranged to have notice of the no-wake provision 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 said restrictions shall be posted at Prior Lake City Hall. When high water levels have subsided and have remained below an elevation of nine hundred four feet (904.0') sea level for three (3) consecutive days, said restriction shall be promptly removed. Marked Slow No-Wake Zones: No person shall. at any time. operate a watercraft at a soeed areater than slow no-wake soeed in anv marked no-wake channel/zone. The Citv of Prior Lake or Countv of Scott shall install or cause to be installed buoys markina naviaable channels and/or no-wake zones. These channels and zones are intended to maintain a safe lake environment and orotect the lives and orooertv of all lake users and owners. These channels/zones shall be oosted at the followina. locations: . The Channel located directlv North and South of the Countv Road 21/Eaale Creek Avenue Bridae startina and endina at the naviaational red and areen channel markers olaced at both ends. . The naviaational channel marked bv red and areen naviaational channel markers and no-wake buovs to the East of Reed's Island. . The naviaational channel marked bv slow no-wake buovs at both ends North and South of the Lords Street Bridae. . The naviaational channel marked bv slow no-wake buovs enterina and exitina from Boudin's Bav. includina the entire surface area of Boudins Bav, . The entire surface area of Candv Cove. startina and endina at the no-wake buov olaced aooroximatelv one hundred fiftv (150) feet West of the entrance ooint to Candv Cove. . The channel located at the entrance/exit ooint to Mud (Crvstal) Bav. marked bv slow no-wake buoys at either end of the naviaable channel at said entrance/exit ooint. ADDITIONAL RESTRICTIONS: No person shall use an inflatable water toy, air mattress or inner tube 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 703.401 may be City of Prior Lake 703/p3 Public Ways & Property 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. 703.700: 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. 703.800: 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, 703.900: PENALTIES: Any person who violates any provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars sev=~ 1=:~F:rlred doll:m~ ($.l.Q700, 00), or by imprisonment of not more than ninety (90) days, or both. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 1 ih day of May 2010. ATTEST: City Manager Mayor Published in the Prior Lake American on the 22nd day of May 2010, Drafted By: Prior Lake Engineering Department 4646 Dakota Street SE Prior Lake, MN 55372 City of Prior Lake 703/p4