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Home My WebLink About04/19/05 A'" oi PRl~ tO~ 16200 Eagle Creek Avenue S.E. U I'l Prior Lake, MN 55372-1714 ~ MINUTES OF THE LAKE ADVISORY COMMITTEE April 19, 2005 I. CALL TO ORDER The Lake Advisory Committee (LAC) Meeting was called to order at 6:00 P.M. Members present: Harry Alcorn, Marv Mirsch and Dan O'Keefe Members absent: Donna Mankowski, Brad Beneke Others present: Jim Petersen; City Council, Maria; City of Prior Lake Homeowner, Larry Poppler; Assistant City Engineer II. CONSIDER APPROVAL MEETING MINUTES The minutes for March meeting minutes were approved as written ,-- III. NEW BUSINESS a. Lake Access / Docks Maria is attending the Lake Advisory meeting to discuss the dock placement policy. Maria stated that she feels that dock location guidance should be written so that residents know what should be expected. Right now nothing is in place and many people have issues around the lake that are not reported to the City. O'Keefe stated that currently there are not any written policies and this issue was discussed at previous meetings. Last year the LAC decided not to recommend any ordinances addressing this issue. With all of the bays on Prior Lake and the platting of lots, each lot is unique. Maria stated that some simple guidelines should be in place to clarify this issue between neighbors. A letter to residents asking about these regulations could be sent to the residents on Prior Lake. A setback from projected lot lines would be useful. Currently both of her neighbors have placed their docks along her property line. She is not happy with the views that this creates. ,-- Alcorn mentioned that views are not something that can be regulated. Different people have different opinions on views. www.cityof1>riorlake.com Phone 952.447.4230 / Fax 952.447.4245 "'.-... O'Keefe gave examples of lot situations on the lake. A pie shaped lot could be restricted in not having a dock at all if a dock setback ordinance was approved. Mirsch mentioned that enforcement of an ordinance would be difficult with the current City Staff. Maria stated that even a guidance document would be useful to lakeshore owners. A setback would solve the majority of issues. The small amount of remaining pie shaped lots could be regulated based on current policy. Poppler stated that if we create a setback. The City could be in the middle of lot line issues if an ordinance was created. Maria stated that she could go door to door with a petition to find out if lakeshore owners would like the City to review a dock placement ordinance. Currently residents are racing in March and April to get their docks into the lake before their neighbors. Alcorn mentioned that other dock issues exist like the number of dock levels or the number of docks. - Maria stated that currently residents could sue their neighbors on a dock issue if they cannot work things out together. She is proposing a 10-foot setback from projected lot lines for docks and boat lifts. O'Keefe stated that he is not ready at this point to recommend a dock setback. Additional information is needed to make a decision on this issue. Alcorn said that it is unfortunate that neighbors can't work these issues out. Common courtesy should be used to settle these issues Petersen added that the cost of lakeshore is so substantial that homeowners want to maximize every inch. Poppler stated that the City GIS could be utilized to look at some of the lot configurations. Maria added that a mailing could be sent to lakeshore owners to ask for input on the dock issue. Alcorn made a motion that the LAC review the dock issue for the City of Prior Lake looking at what other Cities have done. Alcorn stated that he would PDF the letter from Maria and e-mail it to the LAC members. <- 2 - b. Surface Water Regulations Poppler stated the surface was scheduled for this meeting, however the Sheriff's Department and the DNR were not contacted to attend this meeting. Poppler will contact the DNR and the Scott County Sheriff's Department to attend the next meeting. Poppler will distribute the Prior Lake Surface Water Regulations. IV. OLD BUSINESS V. ANNOUNCEMENTS a. Poppler distributed the boat slip reservation documents. LAC members suggested that a liability disclaimer be provided on the reservation form. b. Poppler also distributed the community survey results. VI. ADJOURNMENT ~- THE MEETING WAS ADJOURNED AT 8:00 P.M. Respectfully submitted, Larry Poppler Assistant City Engineer - 3 f' I 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: r--. Public Ways & Property SECTION 703 PUBLIC WATERS CHAPTER PURPOSE DEFlNmONS WATERCRAFT SPEED UMITAOONS ADDITIONAL RESTRICTIONS ExEMPOONS NOTIFICATION ENFORCEMENT PENALTIES _, ,.. I TITLE: This Section shall be known and cited as the PUBLIC WA TERS Code. PURPOSE: This Section is enacted for the purpose and with the intent to control and regulate the use of the waters of Prior Lake in the City of Prior Lake, Minnesota, to promote is fullest use and enjoyment by the public in general and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety and welfare of the citizens of Minnesota. DEFINmONS: For the purposes of this Section, the following terms 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 wate. WI aft 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. 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. City of Prior Lake 703/p1 703.400: 703.401 703.402 703.403 703.404 703.500: 703.600: Public Ways & Property WATERCRAFT SPEED LIMITATIONS: Towina Restrictions: No person shall operate a watercraft, any time, at greater than a slow no-wake speed within one hundred fifty feet (150') from shore. No watercraft towing a person on waterskis, innertube, 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 waterskis, innertube, aquaplane or similar device by the most direct and safe route to open water or shore shall be exempt from this provision. Uslytime Sneed 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. Ni~httime SDeed Limit: No person shall operate a watercraft at greater than twenty (20) miles per our, 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 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 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 ac~_sg~s 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 elevation of nine hundred four feet (904.0') sea level for three (3) consecutive days, said restriction shall be promptly removed. 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. City of Prior Lake 703/p2 t /" r- r\ r-- 703.700: 703.800: 703.900: Public Ways & Property A temporary exemption from the restrictions set forth in subsection 703.401 may be allowed under certain circumstances. To qualify for a temporary exemption, an application for a permit must be completed, which shall indude: 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. NOTIFICATION: The City shall notify the public of this Section, which shall indude 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. E~FORCEMENT: 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. 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 or not more than seven hundred dollars ($700.00), or by imprisonment of not more than ninety (90) days, or both. ... (This Space Intentionally Blank For Future Amendments) City" of Prior L.ake 703/p3 ,.-- ( SPECIALIZED SANIl.A'l'lON PORTABLE TOILETS i;~~':--~~::-~:---------- I. ~.... 16991 Mushtown Road 'i Prior Lake, MN 55372 952-292-1435 MAY 6_ : Ii U ~j~ .I : May 4, 2005 -.._../ i I I Jane Kansier c/o City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372 Re: Portable Toilets on Lake Shores Dear Jane, I am sending you this letter, as you requested, outlining my request to have portable toilets on ~ lakeshores. I am hoping you can assist me in having this done for this summer's lake season. I would like to accommodate lakeshore owners with a toilet where their property makes it difficult to run to their house to use a toilet. Moreover, we all know children will just use the lake as their bathroom instead running up to the house. The islands on the lalce pose a problem for people to do any type of toilet duties, and they most definitely use'the lake. This nasty thought can be eliminated by having portable toilets on the islands and cleaned fiull.< the lake on a barge. I will clean all units with a pump and tank on a barge and dispose waste per state laws. I know and realize the set back laws of the lake, and we both know some properties will not allow for such set backs, as the hill may be too steep. I am hoping the City will consider these toilets as "Conditional Use" and allow toilets as soon as possible, and waive any need to hook to city sewer and water, as defined in the structure codes. I will also ensure all toilets are camouflaged so as to not be visible, as a portable toilet I called the DNR, as you suggested, and spoke with Pat Lynch, whom believes this to be a good idea, as he too is concerned about people using the lake as a toilet. He said no special permits are required to pump toilets from a barge, as I will need to do. ~ I PAGE 2. CONTINUED: r- I also called the Minnesota Pollution Control Agency and asked about portable toilets being pumped llVlll the lake on a barge. No special pennits will be required, but a pumper's license is. I am pumping under license number 1665 to do so. Furthermore, I called the Environmental Health Department for Scott County, asking if there would be a problem with their office with portable toilets on the lake, being cleaned from the lake. They said no problems and no permits required. I can't think of any other agency to call regarding this matter. I just believe the City will have to help me with the structure code and allow a temporary conditional use type permit allowing me to help keep the lake waters cleaner, as well as healthier. Everyone is for a cleaner lake, and this is one &,-""t way to do so. Can you please let me know what other problems may arise out of this idea, and tell me if I need to go to a council meeting to try and have any codes changed or to request a conditional use permit? ~ Sincere~. jl I/,~ JerryW ------. .-. , ) ) ') PRIOR LAKE CHLORIDE MONITORING RESULTS SAMPLE LOCATION ON CHLORIDE IN mglL February 24. 2001 43.4 42.8 39.4 38.7 37.2 40.1 37.2 37.1 38.5 33.1 34.2 33.2 37.2 36.5 37.6 March 23. 2001 39.6 42.5 44.3 35.4 40.5 38.9 39.6 36.3 37.6 43.3 39.1 33.4 30.8 71.3 63.2 42.6 May 1,2001 32.9 31.8 30.8 31.6 30.9 31.4 30.8 29.9 30.6 28.4 26.6 26.8 28.5 30.7 30.7 30.3 May 30. 2001 33.2 31.3 32.2 32.8 32.2 32.4 32.7 31.2 30.9 31.1 31.6 30.6 30.5 32.0 31.6 31.7 June 29,2001 33.8 33.0 33.1 32.6 32.6 32.6 33.1 31.5 31.4 30.6 30.1 30.2 30.2 30.2 30.6 31.8 July 30..2001 34.8 36.1 36.0 36.0 34.7 35.4 35.3 32.8 33.2 31.6 31.6 32.2 31.2 33.6 32.9 33.8 SeD!&mber 5L 2001 36.6 37.0 37.9 35.8 35.1 35.8 35.9 32.3 31.8 30.2 31.9 31.7 32.1 33.4 33.0 33.9 Seotember 27,2001 34.5 52.7 37.3 36.3 34.2 34.6 35.8 31.2 33.0 30.6 30.8 30.6 31.6 30.3 30.0 34.2 November'!., 2001 37.9 44.9 41.7 37.6 38.2 38.0 38.3 34.8 34.4 34.8 34.3 34.2 34.7 33.8 34.3 36.7 Noyember 30.2001 36.8 37.6 49.2 36.4 36.8 37.1 36.6 32.7 32.4 32.6 32.6 33.4 33.2 33.6 35.7 Februa[Y 1. 2002 40.3 44.0 45.0 38.6 38.3 37.8 42.9 36.6 36.5 33.8 34.7 34.1 35.9 42.9 41.9 38.8 March 1. 2002 39.0 62.0 85.0 . 35.4 41.3 34.0 39.0 29.7 34.5 33.2 35.5 34.1 36.4 36.8 39.4 42.8 t',prll,2OO2 {No tests taken) 0.0 May 8. 2002 38.3 38.4 39.3 38.8 38.1 38.1- 38.0 32.5 33.3 33.1 32.4 32.3 33.1 43.8 43.9 36.8 June 11. 2002 42.8 54.8 52.8 41.0 40.2 41.4 41.1 35.4 34.7 35.0 34.5 35.0 34.9 54.5 53.5 42.1 July 17.2002 40.1 40.1 40.0 38.6 38.5 37.5 38.1 33.5 33.5 32.0 32.3 32.1 32.3 56.3 55.9 38.6 Auaust 9. 2002 39.3 38.7 38.6 37.8 37.9 37.5 37.6 32.7 32.8 32.5 32.7 34.2 32.6 46.5 38.1 36.4 SeDtember 4...2002 31.7 32.4 32.2 32.8 30.4 30.1 30.5 30.2 31.9 30.1 31.2 October 2. 2002 29.0 29.4 29.5 33.4 33.0 32.8 32.6 31.6 31.4 30.4 30.8 30.2 29.9 28.0 28.0 30.8 Februaty 3c 2003 34.9 40.0 40.5 39.1 48.6 41.0 41.6 35.9 37.5 36.7 39.2 31.5 36.0 41.4 40.1 39.2 May 3. 2003 37.3 37.5 38.7 36.9 37.5 39.6 38.2 34.5 33.8 33.2 33.8 34.5 33.7 43.7 44.9 37.2 JulY i,2OO3 36.9 36.6 36.6 37.7 37.4 37.6 37.9 34.3 34.5 33.9 37.1 33.6 42.3 42.4 37.1 AuQust 3. 2003 37.0 37.5 35.7 36.7 37.0 36.3 36.0 33.4 33.8 33.1 33.1 33.5 33.2 40.6 40.8 35.8 September 3. 2003 38.5 38.3 39.3 38/9 38.9 39.7 37.1 38.7 35.9 36.5 35.8 35.0 42.7 43.5 38.3 October. 2003 January 18._2004 46.1 44.2 41.7 43.0 43.5 42.8 40.9 39.9 39.4 39.8 38.2 52.1 53.2 43.2 March 22,2004 47.4 39.0 40.8 27.3 26.1 25.1 26.3 28.2 35.7 41.2 37.0 32.7 July 5,2004 42.7 42.1 39.1 41.4 41.2 40<9 41.1 37.9 38.3 37.6 37.1 36.3 36.7 79.9 79.9 45.0 ~ust 1,2004 41.5 41.7 42.4 43.1 42.7 40.2 40.2 36.9 37.0 37.2 36.5 36<4 36.3 64.7 64.3 42.8 t'ooust 19. 2004 43.7 43.8 42.1 41.8 42.8 42.3 38.4 38.2 38.1 37.8 37.9 38.1 65.0 65.5 44.0 Seotember 30.2004 42.6 43.6 42.0 42.9 40.9 41.2 38.6 39.0 38.4 37.8 38.2 37.8 51.5 51.6 41.9 January 11,,2005 45.4 46.1 43.1 44.6 43.3 41.9 38.7 39.5 52.7 53.5 44.9 March 31, 2005 33.3 57.9 35.6 34.6 24.6 21.3 25.8 42.6 42.3 38.9 35.7 Mav 2. 2005 41.0 40.5 39.7 39.8 40.4 40.4 35.5 36.8 36.0 36.3 35.8 35.8 49.4 49.6 39.8 I I -' ) ) ") SAMPLE LOCATION ON CYANIDE IN mg/L .PRIOR LAKE CYANIDE MONITORING RESULTS. Mav 3. 2003 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 I <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02. <0.02 June 2. 2003 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 AUQ~st 3.. 2003 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 No Samoles Taken October 6. 2003 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 March 4.2004 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 <0.02 Julv 4. 2004 <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <b.02> <0.02> <0.02> <0.02> <0.02> AUQust 1. 2004 <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> AUQust 19. 2004 <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> Seotember 30.2004 <0.02> <0.02> <0.02> <0.02> <Q.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> , <0.02> <0.02> <0.02> January 11. 2005 <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> March 31. 2005 <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> Mav 2. 2005 <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> <0.02> ...--. Maria and Richard Keeney 16102 Lakeside A venue Prior Lake, Mn 55372 952-440-1932 mandrkeeney@integraonline.com Lake Advisory Committee City of Prior Lake 17073 Adelmann St. S.E. Prior Lake, MN 55372 Re: Dock Ordinance Dear Lake Advisory Committee: ,.-- The purpose of this letter is to create a renewed excitement with the Lake Advisory Committee so that you may help facilitate the city to adopt a new dock ordinance. Jane Kanzier says that in December, 2004, the City Council discussed the subject and indicated they did not see the need for any additional dock regulations. (1 do not see the minutes on the city's website for all of October, November and December, 2004, so I cannot gather anymore insight other than that right now). I do not believe the City needs any further dock regulations regarding such things as structure and the language that has already been written. However, the shoreland owners would greatly benefit from some regulation that would define where they can and cannot put their docks. There is great confusion even in a court of law regarding riparian rights and we should not go on without any type of clear cut guidance that gives riparians fair and equitable use of their riparian rights. It is not currently fair and equitable and we are now using a system that is basically a grab bag, first come first serve, infringe on your neighbor method. As of right now, there is nothing stopping one riparian from putting their dock anywhere on the shore, at any angle, to the detriment of either riparian on either side of them. The only rights they have are if they are extremely infringed upon so as they cannot have access to navigation. Other than bringing the DNR conservation officer to the site to enforce their right to navigation, there is absolutely no way (besides going to a COUlt of law) to enforce one riparian from taking advantage of another. There are ancient riparian laws of reasonable access and reasonable use, however, these rights are enforceable only in a court of law. I believe the draft dock ordinance that was submitted resembled White Bear Lake's ordinance. Per Gary Cox, the Board Chair at White Bear Lake Conservation District, the White Bear Lake ordinance model has what is called an "Authorized Dock Use Area". Lake Minnetonka also has a dock ordinance also using what is called an "Authorized Dock Use Area". There is a major difference between the two ordinances, White Bear "~ ..~ Lake's model purposefully does not define their ADUA because of the irregular natures of both the shoreline and property lines. neither property line extensions nor perpendicular lines would work in all cases -- whereas Lake Minnetonka's model clearly defines their ADUA. For example, LMCD's model of ADUA shows side property lines extending into the lake and WBL's model purposefully does not define the ADUA, WBL only defines the ADUA to the extent that it tells the riparian owner where to put their dock. Also, WBL's model gives a blanket rule on set backs that a structure cannot come within ten feet of any other structure. Lake Minnetonka's ordinance is much more complex and has many different circumstances for set backs. I think that Prior Lake would greatly benefit from an ordinance such as White Bear Lake's simply written ordinance. I think we are in dire need of a dock placement ordinance such as WBL's ordinance which is a very conservative ordinance. This committee as well as the City Council is not aware of the many problems Prior Lake has regarding this issue because riparian owners do not know who to call or what to do, they are also not informed. We need to call all the riparians on Prior Lake, place ads in the paper. and go door to door if need be to first. inform them of their riparian duties to not infringe on others, and second, to find out if there IS a problem, which I think you will find there is. ~ I don't think the City Council had ANY input from the constituents about this in December, 2004. The time to talk about it is March and April of every year. The issue the City Council had before them was whether or not to create further regulations. We must make it an issue of guaranteeing the rights of riparian owners to be able to enforce against infringements. As I write this letter now, we have no rights to enforcement besides those very limited and circumstantial rights relating to navigability. Please see the attached aerial map of my house and the adjacent homes. Every year for the last 4 years or so, there have been dock placement concerns and disputes in this area. This is not the only bay with this type of scenario and I'm sure there are many more concerns on other parts of the lake. As you can see, if we use a scenario where the side property lines continue into the lake (as is the unconfinned consensus many neighbors have in light of a lack of an ordinance defining such riparian boundaries) it creates many problems, not having a clear cut solution, because what happens is that you have riparians that maximize their rights to the detriment of others, for example placing a dock on a property side line in the water without adhering to setbacks so that it is in front of another riparians home. Most of the homes in this back do not adhere to setbacks and it creates a domino effect where eventually some owners suffer. Sincerely. Maria Keeney .----- ,~ The State of Minnesota is the titleholder of any beds or shores of the "public waters". See Minn. Stat. Sec. 103G.201 (3). Prior Lake meets the criteria of the definition of "public waters" as defined by Minn. Stat. Sec. 103G.005, Subd. 15. Prior Lake has been determined to be a watercourse that is "navigable" as it meets the federal test of navigability and therefore is considered "public waters". The State of MN owns the waters and bedlands below the waters from the Ordinary High Water Mark or the 904 line. The MN Dept of Natural Resources is the primary agency that regulates activities taking place below the OHW in Minnesota. The MN DNR can enforce certain laws through among other ways, DNR Conservation Officers. However, in regard to riparian property owners rights their enforcement is pretty limited. Scott County has also been given various powers to regulate and enforce activities along with the DNR for Prior Lake. See Minn. Stat. Sec. L03F.801 Subd. 2 and Minn. Stat. See 459.20. In Prior Lake, the Scott County Sheriff's Office acts as DNR Conservation Officers and they have been given authority to enforce the water laws regarding Prior Lake for the DNR. ,.-- The City of Prior Lake has the authority to regulate dock placement Minn. Stat. Sec. 412.221, subd. 12 (1996). However, as of today, no city ordinance has been put in place. Marv at the Prior Lake Association told me last year that a draft ordinance that resembles City of Lake Minnetonka's ordinance was given to Jane Kanzier at the City of Prior Lake last year. However, no ordinance currently exists. For reference, here is a summary of the LMCD dock ordinance: LMCD: With Canopy - 20 width set back on each side of the "Authorized Dock Use Area" for a 0-50 ft lot (ADU is ~fined by LMCD on a drawing as property side lines extended into the lake~ ~t'aiso defined by I:M€D in the-.acmalty ordinance language as using aright angle at the shore- we will check with LMCD to determine which way they use to determine' .ADU); With Side Loading (boat parked parallel to shore) - 20 ft set back lOft set back without boat canopy or side loading Although the LMCD has defined Authorized Dock Use areas their Authorized Dock Use Area should not be confused with the procedure in determining a shoreland owners Riparian Boundary Lines on shorelands without this ordinance. LMCD's r-- ..----. process of determining the boundary lines for placing a dock is not necessarily the process used in determining riparian boundary lines in a court of law. The setbacks help to alleviate any concerns that a dock may be encroaching or is actually over a certain riparian boundary line as well as provides necessary navigation channels around dock equipment. Since we do not have an ordinance on Prior Lake, one must submit to the laws that exist regarding riparian rights. The Riparian Rights Doctrine, Public Trust Doctrine and Reasonable Use Doctrine are from common law (when the states were English territory) and are very old. The states went on to adopt them long ago and since that time, case law is used to establish precedence. One important case that has established precedence in providing the courts detailed guidance on the manner in which the riparian boundary between two properties is established is l5A N.C. Admin. Code Sec. 07H.0208: "The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the waters edge." ,- However, even by using case law, there is no clear cut black and white law that tells a riparian owner or the court's where the riparian boundary line is. Thus, the process of determining where an actual riparian boundary line is has been hotly disputed in the courts. Because of the complexities, and many different scenarios, these issues are usually decided on a case by case basis. One important aspect of riparian rights are that they are limited to "reasonable use". A riparian owner has a right of access and use of the lake such as navigability, swimming, as well as water use, but they do not have ownership. Further, those rights are weighed with the rights of other riparian owners with similar interests. The courts decide what reasonable use is for that propelty and what the fair and equitable resolution should be. In riparian boundary line disputes, the courts generally look at the property lines, dock placement, quantity of equipment of the riparian owners and adjacent properties and determine first what the fair and equitable process would be for determining the riparian boundary line. They must do this first in order to then determine whether or not that riparian boundary line has been crossed. If so, the court would then determine what the appropriate set back should be, if any, to that line. Lastly, the courts determine whether or not there should be a remedy or any damages awarded as a result of the loss of the parties' riparian rights. The COUltS try to be fair and equitable to all the adjacent riparian owners so that those rights are reasonable at all times and do not encroach or infringe unreasonably upon the use of the surface of the lake or stream by other riparians or members of the public. Here are some general guidelines regarding water law and riparian rights as well as riparian duties: ,- ,--, . The State of MN owns title the waters and bedlands in the water from the 904 into the lake. . A shoreland owner has riparian rights to "use" the water for "reasonable use" and have "reasonable access", but they do not own it. . Riparian rights include such things including but not limited to putting out a dock, navigability, use of water, fishing, boating, swimming. . A riparian has the right to use that water for uses such as placing a dock and navigation, etc., however, it is not an ownership right and is further limited as only a right of "reasonable" access. However, those rights must be reasonable at all times and cannot encroach or infringe unreasonably upon the use of the surface of the lake or stream by other riparians or members of the public. . The riparian right of navigation is superior to the State of MN' s right to the ownership from the OHW line, however, that right only provides reasonable access for navigation and all other riparian's rights must be weighed also. . A riparian owner can be damaged by another riparian owner's use of the water in many ways including but not limited to economic loss. r- . All rights to water use by a riparian owner depend upon the equal correlative rights of the other riparian owners. . Reasonable access - the riparian right includes access both to and from the water. This involves a right of access over the waters to deeper waters where navigation can practically begin. This right of access extends across the entire length of a riparian owner's land fronting the body of water. . It is the duty of the riparian owners to exercise their rights reasonably, so as not to unreasonably interfere with the riparian rights of others . Title to the bed of all navigable lakes, (Prior Lake has been determined navigable) is held in trust by the State. Title to the bed of all non-navigable lakes and streams, or navigable streams whether meandered or not, is to the center or to the centerline. ,-' , MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT April 18, 2005 9D Frank Boyles, City Manager CONSIDER APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 703 OF THE PRIOR LAKE CITY CODE RELATING TO PARK REGULATIONS FOR CITY OWNED BOAT SLIP RENTAL Historv: The City adopted Section 702 of the Prior Lake City Code relating to City parks in 1997. The ordinance was amended in 1999. Since 1999, a considerable number of changes have taken place in operation and administration of City parks. We have just added City-owned boat slips to Lakefront Park. Ordinance modifications should be made to allow for the effective enforcement of our boat slip reservation guidelines. CURRENT Attached for Council information are two documents entitled: CIRCUMSTANCES: . Lakefront Park Boat Slip Rental Procedures. · Reservation Request for Lakefront Park Boat Slips. Together, they represent the policies the staff would use to regulate the City- owned boat slips at Lakefront Park. -- ISSUES: ,_. Since these are only policies, they do not have the enforcement authority of law. Consequently, the staff has reviewed the existing Section 702 of the City Code to determine whether changes which should be made to bring this chapter up-to-date and to allow for the enforcement of the boat slip rental policies and procedures. Conclusion: The City Council should determine whether the ordinance amendments proposed are appropriate and, if so, adopt them this evening. A variety of changes are proposed to Section 702 of the City Code. Some are housekeeping, while others are substantive and significant. The more significant changes are shown below: · References to Park and Recreation Director have been eliminated. No such position exists in the City and virtually all ordinances refer to City Manager or designee as provided by State Statute. · All references to the park developed on the former Busse property have been eliminated and the park name, Thomas Ryan, Jr. Memorial Park, have been substituted. · Violation of the ordinance is punishable by a fine of up to $1,000. · Section 702.500 has been amended to include provisions relative to the skate park. · Section 702.600 has been amended considerably to address usage and rental of City-owned boat slips. www.cityofpriorlake.com 1:\COUNCIL\AGNRPTS\2005\041805 BOapflI8h~~~~~.4230 / Fax 952.447.4245 ." FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: 1. Adopt the ordinance amendment as proposed or with additional changes. 2. Take no action and direct the staff to prepare additional information. Alternative 1. Following adoption of the ordinance, it will be publicized in the next Prior Lake American, signs will be erected at the City-owned boat slips and rental reservations can be accepted. ~/~ Frank B6yles V City Manager 1:\COUNCIL\AGNRPTS\2005\041805 Boat Slip Rental.DOC ~ \ (\ MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT April 18, 2005 90 Frank Boyles, City Manager CONSIDER APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 703 OF THE PRIOR LAKE CITY CODE RELATING TO PARK REGULATIONS FOR CITY OWNED BOAT SLIP RENTAL Historv: The City adopted Section 702 of the Prior Lake City Code relating to City parks -in 1997. The ordinance was amended in 1999. Since 1999, a considerable number of changes have taken place in operation and administration of City parks. We have just added City~owned boat slips to Lakefront Park. Ordinance modifications should be made to allow for the effective enforcement of our boat slip reservation guidelines. CURRENT Attached for Council information are two documents entitled: CIRCUMSTANCES: . Lakefront Park Boat Slip Rental Procedures. · Reservation Request for Lakefront Park Boat Slips. ,,--. Together, they represent the policies the staff would use to regulate the City- owned boat slips at Lakefront Park. ISSUES: ,..""-" Since these are only policies, they do not have the enforcement authority of law. Consequently, the staff has reviewed the existing Section 702 of the City Code to determine whether changes.. which should be made to bring this chapter up-to-date and to allow for the enforcement of the boat slip rental policies and procedures. Conclusion: The City Council should determine whether the ordinance amendments proposed are appropriate and, if so, adopt them this evening. A variety of changes are proposed to Section 702 of the City Code. Some are housekeeping, while others are substantive and significant. The more significant changes are shown below: · References to Park and Recreation Director have been eliminated. No such position exists in the City and virtually all ordinances refer to City Manager or designee as provided by State Statute. · All references to the park developed on the former Busse property have been eliminated and the park name, Thomas Ryan, Jr. Memorial Park, have been substituted. · Violation of the ordinance is punishable by a fine of up to $1,000. · Section 702.500 has been amended to include provisions relative to the skate park. · Section 702.600 has been amended considerably to address usage and rental of City-owned boat slips. www.cityofpriorlake.com 1:\CQUNCIL\AGNRPTS\2005\041805 BOapfl~5h~~~S>.t?4230 / Fax 952.447.4245 FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: 1. Adopt the ordinance amendment as proposed or with additional changes. 2. Take no action and direct the staff to prepare additional information. Alternative 1. Following adoption of the ordinance, it will be publicized in the next Prior Lake American, signs will be erected at the City-owned boat slips and rental reservations can be accepted. ~/~ Frank B6yles V City Manager ... 1:\CQUNCIL\AGNRPTS\2005\041805 Boat Slip Rental.DOC ~'" r1~'.. ~~ ~} . ~ propelled, including but not limited to firearms, bows and arrows, slings and spring guns. Wildlife: All living creatures, not human, wild by nature, endowed by sensation and power or voluntary motion, including quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. 702.400: PARK HOURS: With the exception of Memorial Park, Ponds Park and Thomas Rvan . Jr. Memorial Park ~€ ~ark Beins 38velepee en the property br~8rly ownea =~' the Bussos, all parks will close at 10:00 p.m. each day and shall remain closed until 5:00 a.m. on the following day. ~ Memorial Park and Ponds Park will close at 11 :00 p.m. and shall remain closed until 5:00 a.m. on the following day. ~ +Rc ;:=:1< BeiFlg eevele~eg =r:: ~~e prsperty formerly own03 :y-4Re iblS&8S Thomas Rvan . Jr. Memorial Park will close at 10:00 p.m. and shall remain closed until 8:00 a.m. on the following day. 702.401 Activities Permitted After Closinq. The following activities may continue in parks before or after the parks normal closing hours: . .,,-. ~ City-sponsored and supervised activities which, because of the nature of the activity, cannot be held during the time when the parks are open. ~ Activities conducted pursuant to a Parks and Recreation Department permit issued under subsection 702.1000. ~ From November 15th to March 15th, during the hours of 10:00 p.m. and 5:00 a.m., individuals may drive on designated and posted roadways within a park facility for the sole purpose of gaining access to a lake for snowmobiling or ice fishing. ~ City employees, equipment or agents conducting maintenance, construction or repair work on the property or buildings. (amd. Ord. 99-09 - pub. 8/7/99) 702.500: GENERAl.. CONDUCT WITHIN CITY PARKS: It shall be unlawful for any person in a park to: (1) Use threatening, abusive, insulting, obscene or indecent language or to act in an indecent, lascivious or improper manner, commit any nuisance, appear nude or semi-nude, or to do any act which constitutes a breach of the public peace. ' (2) Disturb, harass or interfere with any park visitor or park visitor's property. (3) Deposit, scatter, drop or abandon any bottle, can, broken glass, cigarette butts, sewage, waste or other material, except in receptacles provided for such purpose. ~, (4) Enter a park with glass beverage bottles or glass beverage containers. i:\counci1\agIllJlts\2005\041895 revise code 702.doc PAGE 3 (5) Gamble or participate in any game of change unless it is part of an organized Pal=kc 2na Recro3ti:n !):~Mont event Gitv-soonsored event. () (6) Drop, throw or otherwise leave unattended lighted matches, burning cigars, cigarettes, tobacco, paper or other combustible materials. (7) Sell, solicit or carry on any business or commercial enterprise or service in a park without first obtaining a permit from the Q:J:zrtment of Parr..s Wl9 Resreation Gitv. (8) Use any loudspeaker or other amplifying system or device without a permit . from the Department of Parks and Recreation. (9) Play the game of golf, engage in putting, practice swinging, or the striking of any golf balls or other objects in any park, exceot for frisbee aolf in desianated areas. (10) Remove any animal, living or dead from a park. Any animal removed from a park or taken contrary to the provisions of this Section or State Statutes shall be considered contraband and subject to seizure and confiscation. (11) Skateboard or rollerblade on other than desianated trails and eauioment. (12) Use of the skate Dark contrarv to the rules and oolicies oromuloated and posted from time to time bv the Gitv. Q 702.600: RESTRICTED ACTIVITIES. (1) CamDinq. It shall be unlawful for any park visitor to camp in a park except with written permission of the Oirostor of P3l'\(~ z~d Recroatien Citv. (2) Horseback Ridinq. It shall be unlawful to ride a horse or other animal within any park unless in possession of a permit issued by the Dirsctor of J2a1:k: 'a~a Recreation Gitv, or as part of an organized community event. (3) Swimminq. It shall be unlawful for any park visitor to wade or swim within a park except at beaches designated for that purpose, and then only during such hours as may be designated by the DireGtgr of Parr.c 'a~d Resr.eation Gitv, take bottles or glass of any kind, except eyeglasses, into a designated beach area, and/or use air mattresses, inner tubes or other inflatable devices. (amd. Ord. 99-09 - pub. 8/7/99) (4) Aircraft. Hot Air Balloons and Parachutes. No park visitor shall use any land or body of water within a park for a starting or landing field for aircraft, hot air balloons or parachutes, without first obtaining a permit from the Director of P3rks 'and Resreation Citv. (5) Boatinq. It shall be unlawful for any park visitor to: rt\...". ~/ i:\counci1\a6...1'....12005\041895 revise code 702.doc PAGE 4 tr' :.Jj~ ~,. " /,,-..., ~ Launch or land any boat, yacht, canoe, raft or other watercraft upon any water, lagoon, lake, pond or wetland within a park except at locations and times designated for that purpose unless soonsored bv the Citv. Operate any watercraft in a designated swimming area or other prohibited area. Operate any watercraft in a park in violation of Minnesota Statutes, Chapter 361 'Waters and Watercraft Safety." Moor a boat in a Citv slio or on oark shoreline before or after the. hours the oark is ooen. Moor a boat 'at anv time in a slio reserved exclusivelv for lake enforcement oersonnel. Moor a boat without first obtainina a oermit therefore from the Citv if a desicnated rental SliD. Fish. waterski. innertube. swim or dive from. or within 50 feet of. a. Citv-owned dock. Beach a boat at Lakefront Park between the dock and swimminq area at anv time. Obstruct or interfere with another who is usina the Citv-owned dock in accordance with this ordinance and Citv Dolicies. Obstructor fail to follow the direction of a Citv emolovee or aaent in the administration of Citv-owned boat slios in accordance with this. section and Citv oolicies. ~ ~ ~ ~ ~ ~ ~ ~ ~ ,"'-- (6) Fishinq. It shall be unlawful for any park visitor to: ~ Fish in a park in violation of any provision of Minnesota Statutes, Chapter 101J, exceot as oart of Deoartment of Natural Resources soonsored fishina in the neiahborhood (FIN) event or oroaram. ~ Fish in a designated swimming area. ~ Leave any structure or shelter designed for ice fishing in any park for more than forty-eight (48) hours. (7) Bicvclina. It shall be unlawful for any park visitor to operate a bicycle except on park designated trails. bikeways and roadways, and except as close to the right-hand side thereof as conditions will permit. (8) Meetinas. SDeeches. Demonstrations and Parades. It shall be unlawful for any park visitor to conduct public meetings, assemblies, entertainment, parades or demonstrations within a park without first obtaining a written permit from the Dir:9cter sf Parl':c 2,d R9Qr:9atien Citv, and then only in the area designated in the permit. 702.700: DOGS AND CATS: It shall be unlawful for any park visitor to bring a dog or cat into a park, with the exception of seeing-eye dogs and police dogs, unless: r- (1) The dog or cat is properly licensed. i:\counci1\agnrpts\2005\041895 revise code 702.doc PAGE 5 (2) The dog or cat shall be restrained at all times. The pet owner is liable for any action taken or damage caused by the dog or cat. o (3) All dogs or cats shall be restrained at all times on adequate leashes not lon~er than six (6) feet. (4) Park visitors who bring dogs or cats into a park must have in their possession tools or equipment suitable for the removal of animal fecal material and shall promptly and effectively remove from the ground or surface of any park and any park facilities all fecal material deposited by a dog or cat under their control and care. Park visitors removing animal wastes from park surfaces shall dispose of its in a sanitary manner, which may include depositing it in any designated waste receptacle located in the public park. (5) Park visitors bringing a dog or cat into a park shall not permit the animal to disturb, harass or interfere with any park visitor or any park visitor's property, or wildlife. (6) No dog or cat shall be permitted on beach area, nature center area, park building, skating rink, or any athletic fields located in: Memorial Park, Ponds Park, Lakefront Park, Thomas Rvan. Jr. Memorial Park or any other Athletic Complex in the City. 702.800: VEHICLES. City Code provisions and State law provisions relating to the operation of vehicles upon streets and highways shall apply within all parks and upon all park property. In addition, Minnesota Statues, Section 169 is hereby specifically adopted by reference except those provisions which by their nature have no application. It shall be unlawful for any park visitor to: o (1) Operate any vehicle within a park except upon designated roadways and parking areas. (2) Operate a vehicle in a park at a speed in excess of posted speed limits. (3) Park or leave a vehicle standing within a park except at a designated parking area during regular park hours. (4) Operate a vehicle which emits excessive or unusual noise, noxious fumes, dense smoke or other polluting matter. (5) Operate a vehicle in a reckless or careless manner in a park. (6) Wash, polish, grease, change oil or repair any vehicle in a park. Motorized Recreation Vehicles. It shall be unlawful for any park visitor to operate a motorized recreation vehicle within a park except on designated roadways and parking areas, or to operate a snowmobile within a park other than on designated trails within the park for snowmobile.traffic. () i:\counciJ\agnrpts\2005\041895 revise code 702.doc PAGE 6 .~ 702.900: SPECIAL USE. No park visitor or group shall have special use of all or any portion of a park unless they have first reserved the property with the Direstor 9f P::lltc c:r:s P..ecr:eation City and procured a permit tF:i.1 ~ Dir-ect9r ::f raFk.~ 31d ReQr:oaticm. Unless a special use permit is procured anq a reservation is made, use of park property will be on a first come - first serve basis. 702.1000: PARK OPERATION AND PERMITS. 702.1001 Liabilitv. The City shall not be liable for any loss, damage or injury sustained by a park visitor. Any person using a park shall do so at their own risk. 702.1002 Permits Reauired. A permit shall be obtained from the City before participating in any of the following activities in a City park: ~ ~ ~ .--- ~ ~ ~ Camivals, Community Celebrations, public meetings, assemblies, entertainments, parades or demonstrations regardless of the number. Gathering of 25 or more park visitors, including picnics or political gatherings. Contests and Exhibitions, including among other things those requesting exclusive use or charging admission, regardless of the number. Bringing kegs or barrels of intoxicating liquors or nonintoxicating malt liquors or wine into a park. Bringing intoxicating liquor other than beer into a park. To be in or use a park during closed hours. (amd. Ord. 99-09-pub. 8/7/99). 702.1003 ADDlication for Permit. The Dir:oGtor of Parks 2n3 Rear:eation 8:" ~~9 City Manager or desionee shall issue a permit upon finding that: (1) The proposed activity or use of the park will not unreasonably interfere with or distract from the enjoyment of the park by other park visitors, or disturb residentially zoned properties and park visitors in proximity to the park. (2) That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, comfort and recreation; provided that this does give right to exclusive use of park facilities. (3) That the proposed activity or use is not reasonably anticipated to entice violence, crime or disorderly conduct. (4) That the proposed activity will not entail unusual, extraordinary burden or expense for the City. ,-- i:\council\agmpts\2005\041895 revise code 702.doc PAGE 7 702.1004 702.1005 (5) That the facilities desired have not been reserved for some other use at the day and hour required in the application. o Denial of Permit. Within fie (5) days after the receipt of a completed application, the Dimotor of P3rl~.s 'S::"tQ Recreation City Manacer or desicnee shall apprise an applicant in writing for the reasons for refusing to issue a permit, and any aggrieved park visitor shall have the right to appeal in writing within five (5) days of mailed notice to the City Manager which then shall consider the application under the standards set forth in subsection 702.1003 above, and sustain or overrule the decision within fourteen (14) days. The decision of the City Manager shall be final. Conditions of Permit. A permittee shall be bound by all parks rules and regulations and all applicable ordinances as if the same were fully inserted in the permit. The City may impose any reasonable conditions on a permit that in its discretion will protect the health, welfare, safety, comfort and recreation in the park. The park visitor to whom a permit is issued shaU be liable for any loss, damage, or injury sustained by any park visitor wherever by reason of the negligence of the park visitor(s) to whom the permit was issued. Within 24 hours after the expiration of the permit, a permittee shall remove from the park all trash, in the nature of boxes, papers, cans, garbage and other refuse, and all installations and equipment, and restore the premises to their condition prior to the permittee's use of the park. The City shall have the authority to revoke a permit upon finding a violation of any rule or ordinance, condition imposed on the permit, or upon good cause. A permit under this Section may not be transferred to any party other than the applicant. o 702.1100: PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCES. 702.1101 Damaaina or Removina ProDertv Prohibited. No park visitor shall willfully deface, vandalize or otherwise cause the destruction of park property. 702.1102 Flowers. Trees and Shrubs. No park visitor shall willfully and without authority cut, pluck or otherwise remove or injure any flowers, shrubs, trees or other plant material growing in or around any park. No park visitor shall introduce any form of vegetation within a park without the permission of the Director of Parks 3rld Recreation Citv. 702.1103 Birds or Animals. No park visitor shall willfully or without authority kill, trap, hunt, pursue or in any manner disturb or interfere with any species of wildlife in any park. No park visitor shall release any insect, fish or animal in any park or public land without permission from the Dimetor of Parke 3na. Recr-eation City. 0..." ..... . i:\council\agnrpts\2005\041895 revise code 702.doc PAGE 8 ,1 "'J"j~, ~ 702.1104 Fires. No park visitor shall ignite a fire in any park, except in places provided by the City with receptacles manufactured for such purposes. The igniting of fires may be further limited or prohibited by park rules. No park visitor igniting or attending a fire shall leave the area before. the fire has been completely extinguished. 702.1105 Excavations. No park visitor shall dig trenches or make other excavations within a park. 702.1200 USE OF ALCOHOL WITHIN A PARK FACILITY: Intoxicating liquors and nonintoxicating malt liquor may only be consumed and displayed in a park, subject to the following provisions: (1) Intoxicatina Liauors. No park visitor shall have in their possession or bring into a park any intoxicating liquor, except beer in cans, without first having obtained a permit from the Director sf P3rkc :::1d Recr.s3tion Citv. (2) Roadwavs and Parkina Lots.. No park visitor shall display or consume intoxicating liquors or nonintoxicating malt liquor on or within thirty (30) feet of any roadway or parking lot within a park. ,-- (3) Prohibited Areas. No park visitor shall possess, display or consume intoxicating liquors or nonintoxicating malt liquor within areas the City has designated that such possession, display or consumption is prohibited. (4) Quantities. No park visitor shall bring into a park intoxicating liquors or non-intoxicating malt liquor in kegs or barrels, except as provided in this Subsection. Groups, associations or organizations desiring to bring intoxicating or non-intoxicating malt liquor into parks in kegs or barrels may do so only after obtaining a permit for such use from the Director of r::rl.s 3nd Recre3tion Citv. The City shall grant the permit if in the judgment of the Director of P3rkS Q~eI Recr:e3tion Citv Manacer the use for which the permit is sought will not interfere with the health, welfare, safety and use of the park by the general public or the quiet use and enjoyment of any residentially zoned property in proximity to the park. The City shall establish minimum criteria an applicant must meet in order to obtain a permit. The City may impose restrictions and conditions on the use for which the permit is issued. The use for which the permit is granted shall only be conducted within the area designated in the permit. (5) Minnesota Statutes, Chapter 340A is hereby specifically adopted by reference except those provision which by their nature have no application. ,,--. (6) +R3 ;:::rl: =9ing deV<.lloped =n tt::e propsrty fS:-P.":srly Qv.'nss ~~'-4Re ~::Y.:C8& Thomas Rvan. Jr. Memorial Park shall be alcohol-free including intoxicating and non-intoxicating liquors in any form or container. (amd. Ord. 99-09 - pub. 8/7/99) i:\council\agnrpts\2005\041895 revise code 702.doc PAGE 9 702.1300 RESTITUTION, ENFORCEMENT AND PENALTIES: In addition to any other penalties provided by this Section, any park visitor violating the provisions of Section shall make restitution. to the City for the full value of the damage caused, including, but not limited to, the cost of' repairs, replacement and any fees the City may have incurred, including legal, in enforcing the provisions of this Section. o A park visitor guilty of violating any provision of this Section shall be guilty of a misdemeanor, which is punishable by a fine of not more than &eYeR h~nGlreg gel~=:1: {$700.00) one thousand dollars ($1.000.00), or by imprisonment for a period not to exceed ninety (90) days, or both. The Chief of Police shall have the principle responsibility of enforcing the provisions of this Section. In addition, designated Prior Lake paI=k& employees may, in connection with their duties imposed by law, diligently enforce the provisions of this Section and eject from parks, park visitors acting in violation of this Section. The Oir:ectgr of Par~~c ?~g Recroation Citv Manacer shall have the authority to revoke for good cause any permit or reservation issued by the Oir-eotor ef..-Parl'.s a~d Recreation Citv. Nothing in this Section shall . prevent employees or agents of tRe Prior Lake J:'?1'.';, from performing their assigned duties. No person shall impersonate any employee of the City parks nor interfere with, harass nor hinder any employee in the discharge of his duties. Nothing in this Section is intended to waive the application of State law within parks. The City Attorney is responsible for the prosecution of violations of this subsection. (amd. Ord. 99-09 - pub. 8/7/99). o 2. This ordinance may be published in summary and shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 2nd day of May, 2005. Al 1 Ji.ST: City Manager Mayor 8 i:\counci1\agnrpts\2005\041895 revise code 702<doc PAGE 10 '\1:'