Loading...
HomeMy WebLinkAbout109-04 Public Waters RESCINDED 05 18 09• c~ PRTp~E. '~ :' N ~~` 4646 Dakota Street S.E. U T ; Prior Lake, MN 55372-1714 `_~1Mveso~~' , ~, CITY OF PRIOR LAKE ORDINANCE NO. 109-04 AN ORDINANCE AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 703 of the Prior Lake City Code is hereby amended to delete the existing language in its entirety and replace it with-the new language as shown below: SECTION 703 PUBLIC WATERS SUBSECTIONS: 703.100: CHAPTER 703.200: PURPOSE, INTENT AND APPLICATION 703.300: DEFINITIONS 703.400: SPEED LIMITATIONS 703.500: ADDITIONAL RESTRICTIONS 703.600: EXEMPTIONS 703.700: NOTIFICATION 703.800: ENFORCEMENT 703.900: PENALTIES 703.100: TITLE: This Section shall be known and cited as the PUBLIC WATERS Code. 703.200: PURPOSE, INTENT AND APPLICATION: Consistent with the authority provided to the City pursuant to Minnesota Statutes 866.201, 866.205, and 459.20, AND Minnesota Rules 6110.3000 - 6110.3800, as may be amended from time to time, the purpose of this Section is intended to: control and regulate the use of the waters of Upper and Lower Prior Lake in the City of Prior Lake, Minnesota; to promote to the fullest extent possible the public's use and enjoyment of the of Upper and Lower Prior Lake; to promote and protect the safety of persons and property in connection with the use of the waters of Prior Lake; to harmonize and integrate the varying uses of the waters; and to promote the public health, safety and welfare. 703.300: DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota Statute Section 866.005 are incorporated herein and made part of this Section. Terms not defined by said statute shall have the following meanings: High Water. An elevation of 904.0' or greater above mean sea level on Prior Lake, as determined by the Prior Lake/Spring Lake Watershed District gauge. www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 Personal Watercraft. A watercraft less than 14 feet in length which uses a motor powering a water jet pump,. as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on, rather than the conventional manner of sitting or standing inside, the watercraft. Prior Lake: The body of water given that name and assigned the lake numbers 70-2 and 70-72 by the Department of Natural Resources. Shore: The line separating land and water which shifts as lake levels increase and decrease. Slow No-Wake: The operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour or such lesser speed so as not to cause a wake. Towable: Any water toy that is pulled or towed by a watercraft including, but not limited to, inflated devices, kneeboards, wake boards, and water skis. What about other boats? Watercraft: Any contrivance used or designed for navigation on water, except: 1) a duck boat during the duck hunting season; 2) a rice boat during the harvest season; or 3) a seaplane. 703.400: SPEED LIMITATIONS: 703.401 Daytime Speed Limit: During the hours of sunrise to one hour after sunset, no person shall operate a watercraft at greater than forty (40) miles per hour. 703.402 Nighttime Speed Limit: During the hours from one hour after sunset to sunrise the next day, no person shall operate a watercraft at greater than twenty (20) miles per hour. 703.403 General Speed Limits: No person shall operate a watercraft at any time at greater than slow no-wake speed within one hundred fifty (150) feet from shore. 703.404 High Water Slow No-Wake: No person shall operate a watercraft at greater than Slow- nowake speed 24 hours per day when the lake level on Prior Lake exceeds 904.0 feet as measured at the gauge located on the Northwest support on the County Road 21/Eagle Creek Avenue Bridge. When the water level reaches 904.0 feet above mean sea level, the City Manager shall declare that "NO-WAKE" restrictions are in effect. The City Manager or designee shall arrange to have notice of the no-wake restriction televised on the City's cable channel. The slow no-wake restriction shall become effective as of the first televised notification. All public water accesses shall be posted prior to and during the time the restrictions are in place. In addition, notice of no-wake restrictions shall be posted at Prior Lake City Hall. When high water levels have subsided and have remained below an elevation of 904.0 feet above mean sea level for three (3) consecutive days, the restrictions shall be promptly removed. 703.405 Marked Slow No-Wake Zones: No person shall, at any time, operate a watercraft at greater than slow no-wake speed in any marked no-wake zone. The City of Prior Lake, County of Scott shall erect or cause to be erected buoys marking navigable channels and/or no-wake zones. These channels and zones are intended to maintain a safe lake environment and protect the lives and property of all lake users and shore land owners. Said channels/zones shall be posted at the following locations: - The channel located directly North and South of the County Road 21/Eagle Creek Avenue Bridge starting and ending at the navigational red and green channel markers placed at both ends. - The navigational channel marked by red and green navigational channel markers and no-wake buoys to the east of Reed's Island. - The navigation channel marked by slow no-wake buoys at both ends north and south of the Lords Street Bridge. - The navigational channel marked by slow no-wake buoys entering and exiting from Boudin's Bay, including the entire surface area of Boudin's Bay. - The entire surface area of Candy Cove, starting and ending at the no-wake buoy placed approximately one. hundred fifty (150) feet west of the entrance point to Candy Cove. - The channel located at the entrance/exit point to Mud Bay, marked by slow no- wake buoys at either end of the navigable channel at said entrance/exit point. 703.500 Towing Restrictions 703.501 Distance. No watercraft towing a person on any towable shall be operated at any time within one hundred fifty (150) feet of shore, provided, however, that any watercraft launching or landing a person on said towable by the most direct and safe route to open water or shore shall be exempt from this provision. 703.600: ADDITIONAL RESTRICTIONS: No person shall use an inflatable water toy, air mattress or innertube more than one hundred fifty feet (150') from shore, unless accompanied by a watercraft. No person shall swim more than one hundred fifty feet (150') from shore, unless accompanied by a watercraft. 703.700: EXEMPTIONS: All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the restrictions set forth in this Section. A temporary exemption from the restrictions set forth in subsection 703.500 may be allowed under certain circumstances.. To qualify for a temporary exemption, an application for a permit must be completed, which shall include: the purpose of the exemption, the organization or persons being exempted, the location of the exemption, and the date and time of the exemption. The temporary exemption permit shall be issued by the Scott County Sheriffs Department. 703.800: NOTIFICATION: The City shall notify the public of this Section, which shall include but not be limited to placing a sign at each public watercraft launching facility outlining the essential elements of this Section, as well as placing other necessary buoys and signs. 703.900: ENFORCEMENT: The enforcement of this Section shall be the primary responsibility of the Scott County Sheriffs Department. Other licensed peace officers, including conservation officers of the Minnesota Department of Natural Resources, are also authorized to enforce the provisions of this Section. 703.1000: PENALTIES: Any person violating the terms of this Section shall, upon conviction thereof, be found guilty of a misdemeanor and shall be punished in accordance with the penalties established by Minnesota Statutes. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of May, 2009. ATTEST: ~~ City M n e aw- Ma or Published in the Prior Lake American on the 9th day of May, 2009. CITY OF PRIOR LAKE ORDINANCE NO. 109-04 AN ORDINANCE AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 703 of the Prior Lake City Code is hereby amended to de- lete the existing language in its en- tirety and replace it with the new language as shown below: SECTION 703 Affidavit of Publication PUBLIC WATERS Subsections: 703.100: Chapter Southwest Newspapers 703.200: Purpose,Intent and Application 703.300: Definitions 703.400: Speed Limita- State Of MlnneSOta) tions 703.500: Additional Re- ~SS. strictions 703.600: Exemptions County of Scott ) 703.700: Notification 703.800: Enforcement 703.900: Penalties 703.100: Title: This Sec- tion shall be known and cited as the Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized PUBLIC WATERS Code. agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- 703.200: Purpose, In- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as tent and Application: Consistent with the authority provided to the follows: City pursuant to Minnesota Statutes 86B.201, 86B.205, and 459.20, AND (A) These newspapers have complied with the requirements constituting qualification as a legal Minnesota Rules 6110.3000 - newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as 6110.3800, as may be amended from amended. time to time, the purpose of this Section is intended to: control and (B) The printed public notice that is attached to this Affidavit and identified as No. ~ ~ •3 regulate the use of the waters of Up- was published on the date or dates and in the newspaper stated in the attached Notice and said per and Lower Prior Lake in the City Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of ofPrior Lake, Minnesota; to promote the news a er s ecified. Printed below is a co of the lower case al habet from A to Z both to the fullest extent possible the P P P PY P > public's use and enjoyment of the of inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Upper and Lower Prior Lake; to pro- and publication of the Notice: mote and protect the safety of per- sonsandpropertyinconnectionwith abcdefghijklmnopgrs z the use of the waters of Prior Lake; to harmonize and integrate the varying ,.- ' / . uses ofthe waters; and topromotethe /~ / ~1 ~~ public health, safety and welfare. By: U fff//J »L- 703.300: Definitions: ~ Laurie A. Hartmann For the purposes of this Section, the defmitions set out in Minnesota Stat- ute Section 86B.005 are incorporated herein and made part of this Sec- Subscribed and sworn before me on tion. Terms not defined by said stat- ute shall have the following mean- ings: High Water:Anelevationof904.0' this ~ ~ -ih da of ~`1~l b 2009 or greater above mean sea level on y Prior Lake, as determined by the Prior Lake/Spring Lake Watershed Dis- ,,,.,,;,;;~~~ trict gauge. ``l JVNiNIE J. SARK Personal Watercraft. Awater- ~ ~ NOTAR~I PUBLIC - MINNESOTA craft less than 14 feet in length which L - .'- - ' uses a motor powering a water jet ~', - ~ My ;;ommissien Expires 01/31/2013 pump, as its primary source of mo- Not ublic `~~#---. tive power and which is designed to '~~'~''~"~""°'°°'~ be operated by a person sitting, standingorkneeling on, ratherthan the conventional manner of sitting or standing inside, the watercraft. Prior Lake: The body of water given that name and assigned the RATE INFORMATION lake numbers 70-2 and 70-72 by the Lowest classified rate aid b commercial users for com arable s ace.... $31.20 er column inch Department of Natural Resources. p Y P P P Shore: The line separating land Maximum rate allowed by law for the above matter ................................. $31.20 per column inch and water which shifts as lake levels Rate actually charged for the above matter .............................................. $12.43 per column inch increase and decrease. Slow No-Wake: The operation of a watercraft at the slowest possible speed necessary to maintain steer- age and in no case greater than five (5) miles per hour or such lesser speed so as not to cause a wake. Towable.• Any water toy that is pulled or towed by a watercraft in- cluding, but not limited to, inflated devices, kneeboards, wake boards, and water skis. What about other. boats? Watercraft: Any contrivance used or designed for navigation on water, except: 1) a duck~boat during the duck hunting season; 2) a rice ,boat during_the harvest season; or 3) a seaplane.