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Home My WebLink About110-01 Public Waters Public Ways & Property ORDINANCE NO. 110-01 AN ORDINANCE AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 703 of the Prior Lake City Code is hereby amended as shown below: SUBSECTIONS: 703.100: 703.200: 703.300: 703.400: 703.500: 703.600: 703.700: 703.800: 703.900: 703.100: 703.200: 703.300: SECTION 703 PUBLIC WATERS CHAPTER PURPOSE, INTENT AND ApPLICATION DEFINITIONS SPEED LIMITATIONS ADDITIONAL RESTRICTIONS EXEMPTIONS NOTIFICATION ENFORCEMENT PENALTIES TITLE: This Section shall be known and cited as the PUBLIC WA TERS Code. PURPOSE, INTENT, AND ApPLICATION: Consistent with authority provided to the City pursuant to Minnesota Statutes 868.201, 868.205, 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, Scott County, Minnesota; to promote to the fullest extent possible the public's use and enjoyment of Upper and Lower Prior Lake; to promote and protect the safety of persons and property in connection with the use of these waters; to harmonize and integrate the varying uses of these waters; and to promote the public health, safety and welfare on Upper and Lower Prior Lake. DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota Statute Section 868.005 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. City of Prior Lake 703/p1 703.400: 703.402 703.403 703.404 703.405 Public Ways & Property 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. WATERCRAFT SPEED LIMITATIONS: 703.401 Towina Restrictions: No watercraft towing a person on water skis, inner tube, aquaplane or similar device shall be operated at any time within one hundred fifty feet (150') of shore; provided, however, that any watercraft launching or landing a person on water skis, inner tube, aquaplane or similar device by the most direct and safe route to open water or shore shall be exempt from this provision. General Speed Limit: No person shall operate a watercraft, at any time, greater than a slow no-wake speed within one hundred fifty feet (150') from shore. Davtime 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. Niahttime 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. 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 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 City of Prior Lake 703/p2 703.406 703.500: 703.600: 703.700: Public Ways & Property nine hundred four feet (904.0') sea level for three (3) consecutive days, said restriction shall be promptly removed. Marked Slow No-Wake Zones: No person shall, at any time, operate a watercraft at a speed greater than slow no-wake speed in any marked no-wake channel/zone. The City of Prior Lake or County of Scott shall install or cause to be installed 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 owners. These 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 navigational 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 Boudins 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 (Crystal) Bay, marked by slow no-wake buoys at either end of the navigable channel at said entrance/exit point. ADDITIONAL RESTRICTIONS: No person shall use an inflatable water toy, air mattress or inner tube more than one hundred fifty feet (150') from shore, unless accompanied by a watercraft. No person shall swim more than one hundred fifty feet (150') from shore, unless accompanied by a watercraft. EXEMPTIONS: All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the restrictions set forth in this Section. A temporary exemption from the restrictions set forth in subsection 703.401 may be 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 Sheriff's Department. 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. City of Prior Lake 703/p3 Public Ways & Property 703.800: ENFORCEMENT: 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. 703.900: PENALTIES: Any person who violates any provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment of not more than ninety (90) days, or both. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of May 2010. ATTEST: rw~ City ~g~r ~ Mayor Published in the Prior Lake American on the 22nd day of May 2010. City of Prior Lake 703/p4 ORDINANCE NO. 110-01 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 as shown below: SECTION 703 PUBLIC WATERS ~ay, ~fi'ffiti~'t~ie "'UH "surmce !rea of Boudins Bay. The entire surface area of Candy t :;ove, starting and ending at the no- .vake buoy placed approximately me hundred fifty (150) feet West of 1 :he entrance point to Candy Cove. I The channel located at the mtrance/ exit point to Mud (Crystal) Bay, marked by slow no-wake buoys It either end of the navigable ~hannel at said entrance/ exit point. 703.500: Add i t ion a I Restrictions: No person shall uses m inflatable water toy, air mattress S Jr inner tube more than one IlUndred fifty feet (150') from shore, t unless accompanied by a watercraft. No person shall swim more thanY Jne hundred fifty feet (150') from ~ shore, unless accompanied by a watercraft. 703.600: Exemptions: I All authorized resource; managemen t, emergency and ~ enforcement personnel, while L acting in the performance of their! assigned duties, are exempt from' the restrictions set forth in this i i'ection. 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 Sheriff's 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 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. 703.900: Penalties: Any person who violates any provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by' imprisonment of not more than I ninety (90) days, or both. This ordinance shall become effective from and after its passage' and publication. Passed by the City Council of the City of Prior Lake this 17'h day of May 2010. ATTEST: Frank Boyle .. City Manager Jack Haugen - Mayor (Published in the Prior Lake American on Saturday, May 22, 2010; No. 7277) I Affidavit of Publication Southwest Newspapers State of Minnesota) )55. County of Scott ) Laurie A Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A02, 331 A07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 7 oZ ") '7 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwxyz BYi C-' : G Ii l,,/~ .,. : ~ l.{</} \_.,~ Laurie A. Hartmann Subscribed and sworn before me on this 1;). day of n.) ~ /I ~... "'1,~~ ()/$-" v~ Not~ P{,blic ./ \ ,2010 ....... .' ~ .. .. . ~ .. _ _ 11 JYMME J. BARK NOTARY PUBLIC - MINNESOTA My Commission Expires 01/31/2013 _ '''?-::~'''-....''O.:~~~,~~_ . ~ .. . "'* ...i RATE INFORMATION Lowest classified rate paid by;commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter................................. $31.20 per column inch Rate actually charged for the above matter.............................................. $12.59 per column inch