HomeMy WebLinkAbout109-04 Public Waters Notice of RescissionPRI
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~j ' x' Prior Lake, MN 55372-1714
~I~,~IANCE NO.
CITY OF PRIOR LAKE
109-04 REGARDING SECTION 703 PUBLIC WATERS IS RESCINDED AND
REPLACED WITH THE FOLLOWING.
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: 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 its. 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.
703.300: DEFINITIONS: 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 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.
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.
www. cityofpriorlake. com
Phone 952.447.9800 /Fax 952.447.4245
703.400: WATERCRAFT SPEED LIMITATIONS:
703.401 Towing 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.
703.402 Daytime Speed 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.
703.403 Nighttime Speed Limit: No person shall operate a watercraft at greater than twenty (20)
miles per hour, from one hour after sunset to sunrise the following day, at any time during
the year.
703.404 High 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 arranged to have notice of the no-wake provision televised on the City's
cable channel. The slow no-wake restriction shall become effective as of the first
televised notification. All public water accesses shall be posted prior to and during the
time the restrictions are in place. In addition, notice of said restrictions shall be posted at
Prior Lake City Hall.
When high water levels have subsided and have remained below an elevation of nine
hundred four feet (904.0') sea level for three (3) consecutive days, said restriction shall be
promptly removed.
703.500: 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.
703.600: EXEMPTIONS: All authorized resource management, emergency and enforcement
personnel, while acting in the performance of their assigned duties, are exempt from the
restrictions set forth in this Section.
A temporary exemption from the restrictions set forth in subsection 703.401 may be
allowed under certain circumstances. To qualify for a temporary exemption, an
application for a permit must be completed, which shall include: the purpose of the
exemption, the organization or persons being exempted, the location of the exemption,
and the date and time of the exemption. The temporary exemption permit shall be issued
by the Scott County Sheriffs Department.
703.700: NOTIFICATION: The City shall notify the public of this Section, which shall include but
not be limited to placing a sign at each public watercraft launching facility outlining the
essential elements of this Section, as well as placing other necessary buoys and signs.
703.800: ENFORCEMENT: The enforcement of this Section shall be the primary responsibility of
the Scott County Sheriffs Department. Other licensed peace officers, including
conservation officers of the Minnesota Department of Natural Resources, are also
authorized to enforce the provisions of this Section.
703.900: PENALTIES: Any person who violates any provisions of this Section shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than
seven hundred dollars ($700.00), or by imprisonment of not more than ninety (90) days,
or both.
Motion and second to rescind Ordinance 109-04 and reinstate the above ordinance was passed by
the City Council of the City of Prior Lake this 18th day of May, 2009.
ATTEST:
~~
City M n e
~~
Ma or
Published in the Prior Lake American on the 23~d day of May, 2009.
CITY OF PRIOR LAKE
ORIIINANCE NO. 109-04 RE-
GARDING SECTION 703 PUBLIC
WATERS IS RESCINDED AND
REPLACED WITH THE FOLLOW-
ING. ..
SECTION 703
PUBLIC WATERS
SUBSECTIONC;
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: 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 its fullest use and enjoy-
ment by the public in general and
property in connection with the use'
of said waters; to harmonize and in-
tegrate the varying uses of said wa-
ters; and to promote the general
health, safety and welfare of the citi-
zens of Minnesota.
703.300: Definitions: For the pur-
poses of this Section, the following
terms shall have the following mean-
ings
High Water: An elevationof904.0'
or greater above mean sea level on
PriorLake, asdeterminedbythePrior
Lake/Spring Lake Watershed Dis-
trict gauge.
Prior Lake: The body of water
given that name and assigned the
lake numbers 70-2 and 70-72 by the
Depar hnent 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 steer-
ageand 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.
703.400: Watercraft Speed Limita-
tions:
703.401 Towing Restrictions• No per-
son 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, how-
ever, that any watercraft launching
or landing a person on waterskis,
innertube, aquaplane or similar de-
vice by the most direct and safe route
to open water or shore shall be ex-.
empt from this provision.
703.402 Daytime Speed Limit: No
person shall operate a watercraft at
greater than forty (40) miles per hour,
from sunrise to one hour after sun-
set, on all weekends and legal holi-
days occurring from Memorial Day
weekend through Labor Day week-
end.
703.403 Niehttime Sueed Limit• No
person shall operate a watercraft at
greater than twenty (20) miles per
hour, from one hour after sunset to
sunrisethefollowingday, atanytime
during the year.
703.404 Hieh Water Slow No-Wake:
No person shall operate a watercraft
at greater than aslow no-wake speed
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Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Scott )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen-
dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as
follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. 7 O ``~
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopq~~ vwxyz
g~vfy~ ~ ~ ~~i~c~~~~~
`-. - - `~ Laurie A. Hartmann
Subscribed and sworn before me on
this ~ ~ta'day of YT`1 a y 2009
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~~,~ ~'~ JYiUirbiE J. SAAK
_, `~'`~-~- i NOTd~RY PUBI.lC -MINNESOTA
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