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Home My WebLink About97-13 No Wake Speeds ORDINANCE 97-13 ORDINANCE AMENDING TITLE 9, CHAPTER 3 OF THE PRIOR LAKE CITY CODE RELATING TO NO WAKES SPEEDS WHEN THE HIGH WATER OF PRIOR LAKE REACHES 904.01 SEA LEVEL Motion By Kedrowski Seconded By Greenfield WHEREAS, the City Council desires to promote and protect the health, safety and welfare of the public in its use of Prior Lake; and, WHEREAS, the City Council desires to preserve the condition of lakeshore property surrounding Prior Lake; and, WHEREAS, the City Council believes that to meet the objectives set forth above, watercraft speed restrictions should apply to the entire Lake when the water level reaches 904.01 sea level, as measured by the City at the Prior Lake/Spring Lake Watershed District gauge, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prior Lake that: 1. Title 9, Chapter 3, Section 3 (9-3-3) is amended as follows: 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 awake. 2. Title 9, Chapter 3, Section 4 (9-3-4) is amended to provide as follows: (D) High Water 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 Watershed District Gauge. When the water level of Prior Lake reaches 904.0' sea level. the City Manager or designee shall arrange to have notice of the no-wake vrovision 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 restrictions are in place. In addition. notice of said restrictions shall be posted at the Prior Lake City Hall. When high water levels have subsided and have remained below an elevations of nine hundred four feet (904.0') sea lever for three (3) consecutive days, said restriction shall be promptly removed. PASSED and ADOPTED this _5th_ day of _May_, 1997. YES NO Andren XX Andren Greenfield XX Greenfield Kedrowski XX Kedrowski Mader absent Mader Schenck XX Schenck (Seal) LYDIA ANDREN, MAYOR MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT AUGUST 3, 1998 9A FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF ORDINANCE 98-XX AMENDING TITLE 9, CHAPTER 3, SECTION 4(D) OF THE PRIOR LAKE CITY CODE RELATING TO HIGH WATER SLOW NO WAKE. Historv In 1994 the City Council adopted a Surface Water Use Ordinance following the recommendations of the Lake Advisory Committee and the completion of public meetings to solicit input. The Lake Advisory Committee is currently in the process of reviewing various issues pertaining to the lake as previously directed by the Council. Because of Council concern about high water levels, the City Council has directed that the staff prepare an ordinance amendment which would change the "trigger lake elevation" for the lake wide no wake zone from 904 to 903.5 feet above sea level. Current Circumstances Attached is an amendment to the City Code which fulfills the Council's directive. One of the copies is in legislative format so the Council can see the proposed ordinance revisions. The second version is in publishable format. Neither Prior Lake City Code or State Statutes require a public hearing prior to the adoption of the proposed ordinance. Recognizing that there will be substantial interest in the matter, the Council should conduct the meeting in a public hearing format so that comments can be duly recorded and considered. Minnesota Statutes 459.20 (attached) establishes authority over public waters. The statute provides that any governing body of a statutory City (Prior Lake) has all the powers to improve and regulate the use of a water body solely within its boundaries subject to section 86B.205, Subdivision b.6 as are conferred on County Boards by sections 86B.205 (attached) and 103F.801. Minnesota Statutes 86B.201 sets forth in great detail those things which the Council may regulate. City regulations can address type and 162(}~<cr~$~<FW'~~0dNi372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4~45 AN EQUAL OPPORTUNITY EMPLOYER size of watercraft, horsepower of motors, use of the water body, and speed as long as such ordinance requirements are consistent with the remainder of the chapter and the rules of the Department of Natural Resources. Any ordinance adopted by a City pursuant to this chapter must be submitted to the Commissioner for review and approval before adoption. The Commissioner has 120 days after receiving the ordinance to respond. If the Commissioner disapproves the ordinance, the Commissioner must return the ordinance to the City with a written statement of reasons for disapproval. Issues: The purpose of reducing the No Wake trigger water level is to mitigate against shoreline damage and water pollution during the period of greatest potential harm. As review of lake level records from 1983 to 1997 suggest that if the No Wake trigger had been at 903.5 during this period, the water levels would have triggered the No Wake ordinance for three more months than under the 904 trigger (i.e. nine months rather than six months over a 14 year period). I believe that the Council expects the Lake Advisory Committee to provide additional proposals for lake regulations which can be used in conjunction with the No Wake Ordinance. As part of the public input on the No Wake proposal, the Council may also wish to question residents about what additional regulations, if any, they believe would be appropriate to improve the effectiveness of the surface water ordinance. Conclusion: If, following public input, the Council desires to adopt the proposed ordinance, it should do so subject to the review and approval of the Commissioner of the Department of Natural Resources. Using this scenario, the ordinance would be adopted subject to DNR approval and sent to the DNR. If the DNR approves this ordinance it would be published and become effective. If the commissioner does not approve the ordinance I would advise the Council accordingly. ALTERNATIVES: 1) Allow public input and adopt the ordinance as proposed. 2) Allow public input and adopt the ordinance with amendments. 3) Do not adopt the ordinance and direct the staff to prepare additional information. 4) Defer action to a date specific, order staff to publish notice of a formal public hearing to be held before either Lake Advisory Committee or the City Council. RECOMMENDATION: As the Council deems appropriate. I:\COUNCIL\AGNRPTS\NOW AKE.DOCKirsten Oden 2 07129/98 WED 09:21 FAX 612 452 5550 CAMPBELL ~002 ORDINANCE {871J} I:~. ORDINANCE AMENDING TITLE 9, CHAPTER 3 OF THE PRIOR LAKE CITY CODE RELATING TO NO WAKES SPEEDS WHEN THE HIGH WATER OF PRIOR LAKE REACHES {9g~.g1} 1t11~l:ilm?~Ul SEA LEVEL Motion By Seconded By WHEREAS, the City Council desires to promote and protect the health, safety and welfare of the public in its use of Prior Lake; and, WHEREAS, the City Council desires to preserve the condition of lakeshore property surrounding Prior Lake; and, WHEREAS1 the City Council believes that to meet the objectives set forth above, watercraft speed restrictions should apply to the entire Lake when the water level reaches {904.01} ~t$,~~1ti~~ti.~~~1 sea level, as measured by the City at the Prior Lake/Spring Lake wat~~;'hed'''?Di~1~~cf~gauge, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prior Lake th at: 1, Title 9, Chapter 3, Section 4 (9-3-4) is amended to provide as follows: (0) High Water 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 {'oUtlast (9Q4.0?} rll~1il~ l&if.tit~11~Ir.ar.mUi~l.j sea level, as measured by the City ............~....:t..~.~..............."..............................~1............"..H...........~i.:~i'"...e;:e:--1~..~ at the Prior Lake/Spring Lake Watershed District Gauge. When the water level of Prior Lake reaches {Q04.0j t9Q;r~il:- !gl~J. sea level, the City Manager or designee shall.~i/;;ang;-fo' 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 restrictions are in place. In addition, notice of said restrictions shall be posted at the Prior Lake City Hall. When high water levels have subsided and have remained below an elevations of nine hundred (ful:Jt' feet (904. OJ sea le\/-fJ1) Bfjl'~ 07/29/98 WED 09:21 FAX 612 452 5550 CAMPBELL ~ob3 .'<"~~'.>.">"':'>>'~~>~.!l~~~-;:;~p~:!<!t:I~V:~i'5m"!~~'!'~!,l::o!o~!~~:~'!"~~~~'i~1fI ~ th (31 \ if.~~~'~~~~~~dM"~~~i:~~t~1d~..-;:<~~~>:~~@*t~~"~f). ,or ree ~ consecutive' days~"'sF;'id res'tfiction' "sfiait be 'promptly removed. PASSED and ADOPTED this day of , 1998. YES NO Mader Mader Ked rowski Kedrowski Schenck Schenck Wuellner Wuellner ~....+,......_-- - ~ "'rl'~ ~~II ... 1 (Seal) Frank Boyles, City Manager 07/29,98 WED 09:11 FAX 612 452 5550 CAMPBELL raJ 002 ORDINANCE 98..XX ORDINANCE AMENDING TITLE 9, CHAPTER 3 OF THE PRIOR LAKE CITY CODE RELATING TO NO WAKES SPEEDS WHEN THE HIGH WATER OF PRIOR LAKE REACHES 903.5 FEET ABOVE SEA LEVEL Motion By Seconded By WHEREAS, the City Council desires to promote and protect the health. safety and welfare of the public in its use of Prior Lake; and I WHEREAS, the City Council desires to preserve the condition of lakeshore property surrounding Prior lake; and. WHEREAS, the City Council believes that to meet the objectives set forth above, watercraft speed restrictions should apply to the entire lake when the water level reaches 903.5 above sea level. as measured by the City at the Prior Lake/Spring Lake Watershed District gauge. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prior Lake that: 1. Title 9. Chapter 3. Section 4 (9-3-4) is amended to provide as follows: (D) High Water 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 three and one-half feet (903.5') above sea level, as measured by the City at the Prior Lake/Spring Lake Watershed District Gauge. When the water level of Prior Lake reaches 903.5 feet above sea level, the City Manager or designee shall arrange 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 shaJl be posted prior to and during the time restrictions are in place. In addition, notice of said restrictions shall be posted at the Prior Lake City Hall. When high water levels have subsided and have remained below an elevations of nine hundred three and one-half feet (903.5') above sea level for three (3) consecutive days, said restriction shall be promptly removed. 07/29/98 WED 09:11 FAX 612 452 5550 CAMPBELL PASSED and ADOPTED this day of YES (Seal) NO Mader Mader Kedrowski Kedrowski Schenck Schenck Wuellner Wuellner n_~ I""Il .~ ~~'I . III 003 , 1998. Frank Boyles, City Manager I I I t I nn ; ':' .. . MUNICIPAL AcrIVITIES 459.35 ;' l :,;JtC levied. Interest on the unpaid balance of assessments levied under this subdivision shall .f:, be payable semiannually with other taxes levied on such property. Subd. 8. Property exempt from taxation. Any real or personal property owned, Itased, maintained, or operated as a municipal parking facility under this section is owned, lea-coed, maintained, or operated for essential public and governmental purposes, and is ex- tI1lpt from all ad valorem taxes levied by the state or a political subdivision of the state. . History: (1933-3) 1919 c 281 s 1; 1947 c 621 s 1; 1953 c 675 s 1; 1955 c 259 s 1; 1955 c 873 s 1,2; 1965 c 877 s 6; 1967 c 288 s 1,2; 1967 c 669 s 1; 1973 c 123 art 5 s 7; . 1973 c 292 s 1; 1973 c 773 s 1; 1980 c 509 s 167; 1989 c 277 art 2, s 59; art 4 s 59,' .1994 c 505 art 3 s 12 ~59.15 [Repealed, 1988 c 429 s 1] ~59.16 [Repealed, 1988 c 429 s 1] ~59.17 [Repealed, 1988 c 429 s 1] ~59.18 [Repealed, 1988 c 429 s 1] - ~ . - , 459.35 FEDERAL VOLUME LIMITATION ACT. Sections 474A.Ol to 474A.21 apply to any issuance of obligations under this chapter which are subject to limitation under a federal volume limitation act as defined in section 474A.02, subdivision 9, or existing federal tax law as defined in section 474A.02, subdivi- sion 8. History: 1984 c 582 s 10,23; 1Sp1985 c 14 art 8 s 63; 1986 c 465 art 1 s 6 86B.OOl WATER SAFEI'Y, WATERCRAFT, AND WATERCRAFf 1TILING . 156 ~ER86B ~ WATER SAFETY, WATERCRAFT, AND WATERCRAFT TITLING 15' cr POUCY AND DEFINITIONS 86B515 Sirens and sound-producing devices. 86B.OOl Water use policy. 86B521 Motorboat noise control. 86B.OO5 Definitions. 86B.525 Device for arresting backfire. GENERAL PROVISIONS 86B.531 Fire extinguishers and fuel area 86B.lOl Watercraft safety program. ventilation. 86B.I05 Sheriff's safety program. 86B.535 Marine toilets. 86B.I06 Barring vehicles from unsafe ice. SCUBA DIVING 86B.l11 Navigation markers and buoys. . 86B.601 Scuba diving. 86B.115 Use of docks and structures for WATER SAFETY FUNDING advertising. 86B.701 Funding county water safety. 86B.121 Races, competitions, and exhibitions. 86B. 705 Allocation of water recreation 86B.125 Leased watercraft. account and fines and forfeited bail REGULATION OF SURFACE WATER USE money. 86B.201 State law and local ordinance ENFORCEMENT authority. 86B.801 Enforcement authority. 86B.205 Water surface use ordinance. 86B.805 Enforcement watercraft. 86B.211 . Water safety rules. 86B.811 Criminal penalties. WATERCRAFT OPERATION 86B.815 Violation as evidence in civil action. 86B.301 Watercraft licenses required. WATERCRAFI'TITI.lNG 86B.305 Youth operators. 86B.820 Definitions. 86B.311 General rules for operation. 86B.825 Certificate of title required. 86B.313 Personal watercraft regulations. 86B.830 Application and issuance of 86B.315 Towing person on water skis or other certificate of title. device. 86B.835 Dealer acquisition and transfer. 86B.321 Noise limits. 86B.840 Transfer by owner. 86B.325 Discharge from marine toilets 86B.845 Temporary watercraft use permits. prohibited. 86B.850 Duplicate certificate. 86B.331 Operation while using alcohol or 86B.855 Suspension or revocation. of drugs or with a physical or mental certificate. disability. 86B.860 Responsibilities of commissioner. 86B.335 Testing for alcohol and controlled 86B.865 Penalties. substances. 86B.870 Title fees. 86B.337 Forfeiture of motorboats. 86B.875 Inapplicable liens and security 86B.341 Duties and liabilities at accident or interests. incident. 86B.880 Security interests. UCENSES 86B.885 Owner-created security interest. 86B.401 Watercraft licenses. 86B.890 Licensed watercraft previously 86B.405 Dealer's license. perfected. ..,. 86B.411 Government watercraft licenses. 86B.895 Satisfaction of security interest. 86B.415 License fees. 86B.900 Disclosure of security agreement. ,./ 86B.421 Licensing by political subdivisions. 86B.905 Effect of suspension or revocation on WATERCRAFT EQUIPMENT security interest. 86B.501 Personal flotation and lifesaving 86B.91O Previously licensed watercraft devices. undisclosed security interests. 86B.505 Watercraft capacity plates. 86B.915 Liens attaching to watercraft. 86B.511 Lights. 86B.920 Stolen watercraft. tt IT f( e: ir b f t c ( ( POLICY AND DEFINITIONS 86B.OOl WATER USE POLICY. It is the policy of this state, which is blessed with an abundance of water, to promote its full use and enjoyment by all of the people, now and in the future, to promote safety for per-' sons and property in connection with the use of the waters of the state, to promote uniformity of laws relating to the use, and to conform with use requirements of the United States. History: 1990 c 391 art 9 s 1 86B.OOS DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to this chapter. Subd. 2. City. "City" means a home rule charter or statutory city. Subd. 3. Commissioner. "Commissioner" means the cOmnllssioner of natural re- sources. -~~ .~ ~ 156 157 WATER SAFEI'Y, WATERCRAFT, AND WATERCRAFT TITLING 86B.OOS ural re- :.. " ~ Subd. 4. Dealer. "Dealer" means a person: (1) engaged in the business of manufacturing or selling new or used watercraft; (2) having an established place of business for the sale, trade, and display of the water- craft; and . (3) having in possession watercraft for the purpose of sale or trade. Subd. 5. Horsepower. "Horsepower" means the power rating established for a motor by the manufacturer or, if a rating is not established, the power rating established by the com- missioner. Subd. 6. Length. "Length" of a watercraft means the straight-line distance from the foremost part of the craft to the aftermost part of the craft, measured parallel to the centerline, excluding sheer. Bowsprits, outboard motor brackets, rudders, and other attachments are not included in the length measurement. Subd. 7. License. "License" means the authentic document used to designate the num- bers assigned a watercraft and to renew the designation. Subd. 8. License agent. "License agent" means the commissioner of natural resources, the commissioner of public safety, and deputy registrars of motor vehicles acting under sec- tion 168.33. Subd. 9. Motorboat. "Motorboat" means a watercraft propelled in any manner by ma- chinery, including watercraft temporarily equipped with detachable motors. Subd. 10. Operate. "Operate" means to navigate or otherWise use a watercraft. Subd. 11. Operator. "Operator" means the person who operates or controls the naviga- tion or use of a watercraft. Subd. 12. Owner. "Owner" means a person having a property right or title to a water- craft other than a security interest. Owner includes a person entitled to the use or possessjon of a watercraft, subject to an interest in another person, reserved or created by agreement that secures payment or performance of an obligation, but owner does not include a lessee under a lease not intended as security. Subd. 13. Paddle boat. "Paddle boat" means a nonmotorized watercraft 19 feet in length or less that is propelled solely by a paddle wheel peddled by an operator or passenger. Subd. 14. Person. "Person" means an individual, partnership, corporation, the state and its agencies and subdivisions, and any other legal entity. Subd. 14a. Personal watercraft. "Personal watercraft" means a motorboat that: (1) is powered by an inboard motor powering a water jet pump or by an outboard or propeller-driven motor; and (2) is designed to be operated by a person or persons sitting, standing, or kneeling on the craft, rather than in the conventional manner of sitting or standing inside a motorboat. Subd. 15. Rent. "Rent" watercraft means to make a watercraft available for the use of others in connection with a business. ! ...: Subd. 16. Sailboard. "Sailboard" means a single passenger,4 nonm6tonzed watercraft using a surfboard type hull and a free sail system which, without capsizing, allows the sail to lie flat in the water when not being supported by the operator. .- ,. -... --.'-_. ----.." . ",-..- .'. .......__.-.... - .,. ...-.-.. -~~.. -, -., _.- . . .Subd. 16a._S1o}[..~nowake._~~low-:=JlQ.wak~'.means operation .of.a watercraftat.th~. slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour. Subd. 17. Underway or in use. "Underway or in use" means a watercraft in operation or use unless it is securely fastened to a dock or other permanent mooring. Subd. 18. Watercraft. "Watercraft" means any contrivance used or designed for navi- gation on water, except: ' (1) a duck boat during the duck hunting season; (2) a rice boat during the harvest season; or (3) a seaplane. f I RAFT :ing devices. dire. el area , :ety. alion feited bail -ivil action. 1. )f lsfer. permits. )f ssioner. lrily ":rest. .::..Iy :rest. cment. ocalion on raft its. ft. ,mote its for per-' iformity ltes. r ;;~ I . . I ! I ' , I. : i I pter. 86B.OOS WATER SAFETY, WATERCRAFT, AND WATERCRAFT TITI..ING 158 159 Subd. 19. Waters of this state. "Waters of this state" means waters capable of substan- tial beneficial public use and waters to which the public has access that are within the territo- rial limits of this state, including boundary waters. History: 1990 c 391 art 9 s 2; 1991 c 225 s 1,2 watt byt mis~ in tt GENERAL PROVISIONS 86B.IOl WATERCRAFT SAFETY PROGRAM. Subdivision 1. Safety program. The commissioner shall continue and expand the com- prehensive boat safety and education program. The commissioner shall cooperate with boat- ers, governmental subdivisions, state agencies, other states, and the federal government in the operation of the program. Subd. 2. Youth watercraft safety course. (a) The commissioner shall establish an edu- cational course and a testing program for watercraft operators and for persons age 12 or older but younger than age 18 required to take the watercraft safety course. The commissioner shall prescribe a written test as part of the course. (b) The commissioner shall issue a watercraft operator's permit to a person age 12 or older but younger than age 18 who successfully completes the educational program and the written test. Subd. 3. Operator's permit. The commissioner shall issue a watercraft operator's per- mit to a person who successfully qualifies for a watercraft operator's permit under the boat safety education program. History: 1990 c 391 art 9 s 3; 1993 c 310 s 1 tain agel agel 86B ofa 86B orot tercI the ( chaf in th 86B.IOS SHERIFF'S SAFETY PROGRAM. (a) The sheriff of each county shall maintain a program of search, rescue, buoying or marking, patrol, removal of hazards to navigation, and inspection of watercraft for rent, lease, or hire. The sheriff shall prohibit the use of any watercraft or safety equipment for rent, lease, or hire that does not comply with the standards of safety for the watercraft or equip- ment prescribed by the commissioner. The sheriff shall investigate watercraft accidents and drownings and report findings to the commissioner on a form prescribed by the commission- er. (b) The county board may authorize the employment of additional personnel to carry out the provisions of this section. History: 1990 c 391 art 9 s 4 86B for \ revo pers and 86B.I06 BARRING VEHICLES FROM UNSAFE ICE. ( a) Whenever ice conditions on a body of water 'deteriorate to such an extent that there is substantial dan er to persons using motorized vehicles, including snowmobiles and all-ter- rain vehicles t e senff f the county where the body of water is located may prohibit or restrict the us mo onzed vehicles on all or a portion of the body of water. If the body of . water is located in more than one county, all counties involved must coordinate any prohibi- tions or restrictions that are imposed. A county sheriff acting under this section shall, as soon as practicable ost all common access sites and ubllclZe the rohlbltIons or restnctlOns. e commissioner must be notified imme late y an may review and suspend any restnc- tions imposed. Restrictions may be lifted as soon as conditions warrant. (b) A person may not operate a motorized vehicle in violation of a prohibition or restric- tion imposed under this section. History: 1992 c 584 s 1 86B.lll NAVIGATION MARKERS AND BUOYS. Subdivision 1. Permit for placement of navigation hazards. The commissioner may require that a permit is obtained for the placement of a structure or device determined by the commissioner to constitute a hazard to navigation. 86B plic: relat ty re thor: with that boUl use { 158 1 t 159 WATER SAFElY, WATERCRAFf, AND WATERCRAFf 1TILING 86B.201 e of substan- in the territo- )lish an edu- e 12 or older Immissioner Subd. 2. Removal and damage to buoys prohibited. Except as authorized by the com- missioner, a person may not obstruct, remove, damage, or destroy a buoy or structure placed in the waters of this state in accordance with this chapter or by authority of the United States. Subd. 3. Uniform marking required for buoys. A person may not place buoys or oth~r waterway markers unless the markers conform with the uniform marking system established \ bY the commissioner. 'r. Subd. 4. Government does not have duty-to mark-all hazards~ The-marking of cer':'. tain hazards to navigation on, in, or adjacent to the waters of this state by a governmental ~ agency does not incur a duty to mark all navigational hazards by the agency or another -:iJ' agency. History: 1990 c 391 art 9 s 5 86B.llS USE OF DOCKS AND STRUCTURES FOR ADVERTISING. A person may not use a fixed or anchored structure on the waters of this state, not a part of a pier or dock extending from shore, for advertising purposes. History: 1990 c 391 art 9 s 6; 1992 c 464 art 1 s 11 86B.121 RACES, COMPETITIONS, AND EXHmITIONS. (a) A person may not hold or sponsor any scheduled or public race, regatta, tournament or other competition or exhibition, or trial race on water or ice, whether or not involving wa- tercraft, without first havmg obtained a written permit from the sheriff of the county where the event"is to originate~ (b) The sheriff, lit the permit, may exempfwatercraft from 'any of the provisions of this' chapter relating to the licensing, operation, and equipment of watercraft while participating in the event authorized. History: 1990 c 391 art 9 s 7; 1992 c 584 s 2 1 '1 ;: md the com- te with boat- vernment in ! )n age 12 or :ram and the erator's per- der the boat buoying or aft for rent, ,ent for rent, I ft or equip- :cidents and ommission- nel to carry 86B.12S LEASED WATERCRAFT. Subdivision 1. Safety standards. The commissioner shall prescribe safety standards for watercraft offered for lease, rent, or hire. Subd. 2. Suspension or revocation of license. (a) The commissioner may suspend or revoke the license of a watercraft offered for rent, lease, orhire:..-, (1) that does not comply with the safety standards for the watercraft; and ... ._--. (2) for which the watercraft owner fails to keep a record of the name and address of the person renting, leasing, or hiring the watercraft, the license number of the watercraft, the date and time the person takes possession, and the expected time of return of the watercraft. . - (b) The record of renting, leasing, or hiring must be preserved for at least six months. HiStory: 1990'c391'ar(9s'8-- . I : . .j : that there is and all-ter- prohibit or the body of .ny prohibi- lall, as soon "estnctlons. lllY restric- ;!! : ;;j ; " It . J :,; .~ /-f :,'i; 1'0 'I; . . , Ii ' q !' I~ I ' I , I I n or restric- t sioner may ined by the 5 ~86B.20S WATER SAFEl'Y, WATERCRAFT, AND WATERCRAFT TITLING 160 86B.20S WATER SURFACE USE ORDINANCE. Subdivision 1. Assistance. The commissioner shall develop and publish guidelines to assist counties adopting water surface use ordinances for waters within their jurisdiction. Subd. 2. Surface use ordinances. a A count board in ..) ace us 0 and not located It entue y within the boundary of a single city s>r lake conservation district establIshed by law. (b) If a body of water is located within more than one county, a surface use ordinance is ~>~ - not effective until adopted by the county boards of all the counties where the body of water lies under section 471.59 or placed into effect by order of the commissioner under subdivi- sion 9. (c) With the authorization of an affected city or lake conservation district, a county board may assume and exercise the powers in subdivisions 2 to 5 with respect to bodies of water lying entirely within that city or lake conservation district. The regulation by the county of the surface use of a portion of a body of water located within the boundary of a city must be consistent with any city reguhition existing on May 25, 1973, of the surface use of that portion of the body of water. After January 1, 1975, the ordinance must be consistent with the provisions of this chapter and rules of the commissioner under this chapter. Subd. 3. Prior ordinances invalid without approval. A surface use zoning ordinance adopted under subdivisions 2 to 5 by a local governmental unit after May 25, 1973, is invalid unless it is approved by the commissioner. . Subd. 4. Approval of ordinances.h proposed surf~~e 11~P. 7n~inp ordinanc~ mll~t h~ submitted to the commissioner for review and a roval beror '. The commissioner mus a ose or mance WIt m 120 da sa er receIVI commISSIOner Isa roves t e ro ose or mance the comnnSSIOner must return it to the oca governmenta umt WIt a wntten statement of the reasons or Isapprova. Subd. 5. Countv resrnlatorv authoritv. A county board may: (1) regulate and police public beaches, public docks, and other public facilities for ac- cess to a body of water, except: (i) regulations are subject to subdivision 6; (ii) a county board may not regulate state accesses; and (iii) a municiDalitv m:w hv nrclinance oreemDt the county from exercisiOl! Dower uncler this subdIVIsion within its 1urisdiction; (2) regulate the construction, configuration, size, location, and maintenance of com- mercial marinas and their related facilities including parking areas and sanitary facilities in a manner consistent with other state law and the rules of the commissioner of natural re- sources, the pollution control agency, and the commissioner of health, and with the applica- ble municipal building codes and zoning ordinances where the marinas are lOcatea; (3) regulate the construction, installation, and maintenance of permanent and tempo- rary docks and moorings in a manner consistent with state and federal law, permits required under chapter 103G, and sections 86B.111 and 86B.115; !: (4) except as provided in subdivision 6, regulate the type and~f w~ allowed to use the body of water and set access fees; (5) subject to subdivision 6, limit the types and horsepower of motors used on the body of water; -- ~ (6) limit the use of the body of water at various times and.~h~_use_9fvarious parts of the ody of water; (7) re.e:ulate the speed of watercraft on the body of water and the conduct of other activi- . , ties on tne body of water to se. cure the safety of the public and the most general public use; and .... (8) contract with otherlaw enforcement agencies to police the body of water and its .shore. Subd. 6. Public access restrictions. The county board must allow.the same types and. sizes of watercraft and horsepower of motors to access and enter the lake or water body as are generally allowed to be operated on the lake or water body. Special use exceptions that are not dependent on lakeshore or property ownership may be granted by permit. - 161 chase park I navi~ rate I 4 town trict 1 * boar~ town: relati orin f may I appre propc ( ( then ( ( ( ( tics 0 featuJ ( least- postil this p rules. ( sion s ( govel gover sion. 86B.~ ( ( whicl ( other ( .;t' ( '-4" surfbt -- ( , equip '~? ( ~ - "', 4' 'I ~ - - .... 1\ 160 ish guidelines to :ir jurisdiction. nce, regulate the I and not located ~abhshed by law. use ordinance is Ie body of water r under subdivi- istrict, a county Ject to bodies of :gulation by the )undary of a city le surface use of 1St be consistent :s chapter. Jning ordinance 1973, is invalid E~ must be e commissioner ceiving it. If the t return it to the oval. lcilities for ac- ng power under ~mance of com- ~ry facilities in a r of natural re- :ith the applica- locatea; ent and tempo- ,ermits required tercraft allowed sed on the body ious parts of the : of other activi- t public use; and )f water and its same types and ater body as are eptions that are lit. ~. #~ .{ ~ 161 WATER SAFETY, WATERCRAFr, AND WATERCRAFT TITLING 86B.211 Subd. 7. County acquisition of public access. A county board may acquire by pur- chase, gift, or devise land for public access to a lake or stream and may improve the land as a park or playground if the land is less than ten acres and is contiguous to the meander line of a navigable lake or stream wholly or partly within the county and not entirely within the corpo- rate limits of a city. Subd. 8. Advisory assistance. The county board may invite any municipal council or town board or the soil and water conservation district board of supervisors or watershed dis- trict board of managers to designate a representative to advise and consult with the county board on water use regulation and improvement. .,J!. Subd. 9. Watercraft use rules for local waters. (a) On request of a county,_~~, or town, [he commissIOner may, after aetermmmg It to be .In the~ublicinterest, estabhs rules relating to the use of watercraft on waters of this state that border upon or are within, in whole or in part, the territorial boundaries of the governmental unit. . (b) The rules shall be established in the manner provided by sections 14.02 to 14.62, but may not fie submItted to the attorney general nor filed WIth the secretary ot state untIl first approved by resolutions of the county boards of a majority of the counties affected by the proposed rules. (c) The rules may restrict: (1) the type and size of watercraft and size of motor that may use the waters affected by the rule; (2) the areas of water that may be used by watercraft; (3) the speed of watercraft; (4) the times permitted for use of watercraft; or (5) the minimum distance between watercraft. (d) When establishing rules, the commissioner shall consider the physical characteris- tics of the waters affected, their historical uses, shoreland uses and classification, and other features unique to the waters affected by the rules. (e) The commissioner shall inform the users of the waters of the rules affecting them at least two weeks before the effective date of the rules by distributing copies of the rules and by posting of the public accesses of the waters. The failure of the commissioner to comply with this paragraph does not affect the validity of the rules or a conviction for violation of the rules. (t) The cost of publishing rules and of marking and posting waters under this subdivi- sion shall be paid by the counties affected by the rules, as apportioned by the commissioner. (g) Regulations or ordinances relating to the use of waters of this state enacted by a local governmental unit before January 1, 1972, shall continue in effect until repealed by the local governmental unit or superseded by a rule of the commissioner adopted under this subdivi- ~a - 'I History: 1990 c 391 art 9 s 10 86B.211 WATER SAFETY RULES. The commissioner shall adopt rules that relate to: (1) the application for, form, and numbering of watercraft licenses; (2) the size, form, reflectorized material, and display of watercraft license numbers, which must comply with the requirements of the federal watercraft numbering system; (3) placement and regulation of docks, piers, buoys~ mooring or marking devices, and other structures in the waters of this state; (4) rules of the road for watercraft navigation; (5) standards for equipment used in the towing of persons on water skis, aquaplanes, surfboards, saucers, and other devices; ,. (6) standards for lights, signals, fIfe extinguishers, bilge ventilation, and lifesaving equipment; (7) standards. of safe load and power capacity; I ..~ : i , I j j: , I 'Ij' II 86B.211 WATER SAFEfY, WATERCRAFT, AND WATERCRAFT 1TIl..JNG 162 163 (8) accounting, procedural, and reporting requirements for county sheriff; (9) designation of swimming or bathing areas; (10) standards of safety for watercraft offered for rent, lease, or hire; (11) the use of surface waters of this state by watercraft as provided and in accordance with section 86B.205, subdivision 9, paragraphs (c) and (d), including: (i) standards and criteria for resolving conflicts in the use of water surfaces by water- craft; (ii) procedures for dealing with problems involving more than one local governmental unit; . (iii)proceduresforlocalenfQrcement;,~Ild.. .. ____ _ .____.___...._...._.___. _,__._ {IV) proceaures for enforcIng (he n:::mictions in section 86B.205, subdivision 9, para- graph (c); and . . (12) other rules determined by the commissioner to be necessary to implement the pro- visions of this chapter. History: 1990 c 391 art 9 s 11; 1991 c 259 s 10 t " '- rating operat the me operat (1 pelled S son ag over 2. from t: who i~ the pel boat. S waterc E ! ,. ~ ~. -: WATERCRAFT OPERATION 86B.301 WATERCRAFT LICENSES REQUIRED. Subdivision 1. Requirement. Except as provided in subdivisions 2 and 3, a person may not operate or give permission for the operation of a watercraft that requires a watercraft li- cense on the waters of this state unless: (1) a watercraft license for the watercraft has been issued and is valid during the period of operation; (2) the license number is affIxed to the watercraft as prescribed by the commissioner; 86B.3~ S waterc o (: damag (~ rules a (~ ity or i power S that at S any m~ of this S water ~ by the S' not op, the dee provid H and (3) a valid registration sticker is affixed to the watercraft as prescribed by the commis- sioner. Subd. 2. Exemptions. A watercraft license is not required for: (1) a watercraft that is covered by a license or number in full force and effect under fed- eral law or a federally approved licensing or numbering system of another state, and has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state; (2) a watercraft from a country other than the United States that has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state; (3) a watercraft owned by the United States, a state, or a political subdivision of a state, except watercraft used for recreational purposes; (4) a ship's lifeboat; (5) a watercraft that has been issued a valid marine document by the United States gov- ernment; (6) a duck boat during duck hunting season; (7) a rice boat during the harvest season; (8) a seaplane; and (9) a nonmotorized watercraft nine feet in length or less. Subd. 3. Temporary certificate. A person may operate a watercraft and allow another person to operate a watercraft for which a temporary license certificate has been issued dur- ing the period the certificate is valid. History: 1990 c 391 art 9 s 12 86B.305 YOUTH OPERATORS. . Subdivision 1. Under age 12. (a) Except in case of an emergency, a person under age 12 may not operate or be allowed to operate a watercraft propelled by a motor with a factory ~ ..:~ ~ ';it 86B.3: S ing to ' (J Guard (~ (:: anchor (L . device (i Minnesota Statutes Annotated authority MSA I 86B.201, State law and local ordinance ------------------------------ Page 14457 follows ----------------______________ M.S.A. 86B.201 MINNESOTA STATUTES ANNOTATED RECREATION CHAPTER 86B. WATER SAFETY, WATERCRAFT, AND WATERCRAFT TITLING REGULATION OF SURFACE WATER USE Current through End of 1997 2nd Sp. Sess. 86B.201. State law and local ordinance authority Subdivision 1. Application of state law. The provisions of this chapter and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other related matters for a watercraft operated on the waters of this state, or the time when an activity regulated by this chapter may take place. Subd. 2. Local authority to adopt ordinance. (a) This chapter does not limit the authority of a political subdivision of this state to adopt regulations that are not inconsistent with this chapter and the rules of the commissioner, relating to the use of waters of this state that are wholly or partly within the territorial boundaries of a county or entirely within the boundaries of a city. (b) A city of the first class of over 200,000 or the park board of the city may forbid the use of motorboats or boats with attached motors on its lakes. Subd. 3. Nonmotorized carry-on access. A person may access any public waters through public land with a hand-carried nonmotorized watercraft. ~,. e L(2.,/ ~ t..u A fbUhiLf 5W:ld'l7tM.n<-,. -( CREDIT (S) 1995 Main Volume Laws 1990, c. 391, art. 9, 9, eff. Jan. 1, 1991. 1997 ELECTRONIC POCKET PART UPDATE Amended by Laws 1997, c. 226, 11. <General Materials (GM) - References, Annotations, or Tables> Copyright (c) West Group 1998 No claim to original u.s. Govt. works to date has 16 different associations for watercraft launching and storage. These associations are permitted the have a total of 545 boat slips per Division of Water, DNR. 7. Conflict perception and control preferences The following is a list in chronological order outlining the meetings held. Sept 7, 1993 Dec. 16, 1993 Jan. 18, 1994 Feb. 7, 1994 Public Hearing for Ord. #93-24 Public Forum on surface use Public Hearing for Ord. #94-04 Consent Agenda Amend #94-04 A public hearing was held on Sept. 7. 1993 at City Hall to discuss the Surface Water Use f Ordinance #93-24. Extensive discussion occurred regarding various aspects of the proposed ordinance. Approximately 35 people showed up at the meeting. The ordinance was tabled and sent back to the Lake Advisory Committee for further review. A Public Forum was held on Dec. 16, 1993 to discuss a new proposed ordinance #94-04. This meeting was held at the High School and was informal and everyone had a chance to discuss the ordinance. A synopsis of the comments heard at the meeting is attached to this report (Attachment 1). The two ordinance proposals which generated the greatest number of comments and controversy were: 1 . Speed Restrictions 2. Perpetual Slow No-Wake Zone On January 18, 1994 the Public Hearing was held at City Hall to consider Ordinance #94-04. The issue was discussed for over two hours and at the end of the hearing the City Council voted to approved the ordinance. Attachments "2" through "6" are copies of editorials and letters published in the local paper. A copy of the actual minutes from each of the Public Hearings are attached to this report in attachment "7" - "9". A copy of agenda report #6a labeled "STAFF AGENDA REPORT" is also attached to this report. A petition and several letters were send to the city and can be found within this agenda report. ANTICIPATING A CONTINUED INCREASE IN POPULARITY OF PRIOR LAKE AS A RECREATION AMENITY, THE CITY COUNCIL TOOK ACTION IN JANUARY TO ADOPT THE WATER SURFACE USE ORDINANCE. THE ORDINANCE IS INTENDED TO SAFEGUARD LAKE USERS INCLUDING BOATERS, SKIERS, SWIMMERS, FISHER PERSONS, AND OTHER OUTDOOR ENTHUSIASTS. A copy of the proposed ordinance is attached at the end of this report. jeswu1.eng