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HomeMy WebLinkAbout110-05 Sec 703 no wake zone Public Ways & Property ORDINANCE NO. 110-05 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: SECTION 703 PUBLIC WATERS S : UBSECTIONS 703.100: C HAPTER 703.200: P,IA URPOSE NTENT AND PPLICATION 703.300: D EFINITIONS 703.400: SL PEED IMITATIONS 703.500: AR DDITIONAL ESTRICTIONS 703.600: E XEMPTIONS 703.700: N OTIFICATION 703.800: E NFORCEMENT 703.900: P ENALTIES 703.100 T: : This Section shall be known and cited as the PUBLIC WATERS Code. ITLE 703.200 P,I,A: : Consistent with authority provided URPOSE NTENT AND PPLICATION to the City pursuant to Minnesota Statutes 86B.201, 86B.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. 703.300 D: : For the purposes of this Section, the definitions set out in EFINITIONS Minnesota Statute Section 86B.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 903.9' or greater above mean sea level on Prior Lake, City of Prior Lake 703/p1 Public Ways & Property as determined by the Prior Lake/Spring Lake Watershed District gauge. The Ordinary High Water (OHW) of 903.9 mean sea level has been established by law. Prior Lake: The body of water given that name and assigned the lake numbers 72- 26P and 72-22P 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. 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 WSL: : ATERCRAFT PEED IMITATIONS Towing Restrictions: 703.401 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: 703.402 No person shall operate a watercraft, at any time, greater than a slow no-wake speed within one hundred fifty feet (150’) from shore. Daytime Speed Limit: 703.403 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. Nighttime Speed Limit: 703.404 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. High Water Slow No-Wake 703.405 : 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 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: 703.406 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. 703.500 AR: : No person shall use an inflatable water toy, air DDITIONAL ESTRICTIONS 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. 703.600 E: : All authorized resource management, emergency and enforcement XEMPTIONS 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. 703.700 N: : The City shall notify the public of this Section, which shall include OTIFICATION but not be limited to placing a sign at each public watercraft launching facility City of Prior Lake 703/p3 Public Ways & Property outlining the essential elements of this Section, as well as placing other necessary buoys and signs. 703.800 E: : The enforcement of this Section shall be the primary NFORCEMENT 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 P: : Any person who violates any provisions of this Section shall be guilty ENALTIES 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. th Passed by the City Council of the City of Prior Lake this 4 day of October 2010. ATTEST: City Manager Mayor th Published in the Prior Lake American on the 9 day of October 2010. City of Prior Lake 703/p4 � E .� .� � : . . . . . _ RD1I�?�� �� �� �• .I �� (� �,7 _ �p 'ji� , � �� ���_��, �� _ ��� n ��; �� � ..�_, � � �;-�- -� , _ _ - ��-: ��� �o� �� �� ���2 ����-;:������t �` Affidavit of Publication `�n� �p13�efiidx� ���t� � ' 7f�3�399„��� ��1nns� � � �a� ; - ��?���,� d Sauthwest Newspapers Lim�� i - i , _l�es�ric�i� ?� � ;� State of Minnesota) '� � 7 4��� �� ' _� �� � �-�_ ±� .���. ! )SS. �° ��� ± County of Scott ) � �s�c ; s coae - - �,� �Q,3 2 Q 0 `� �� � o�s:-@ >. �t�������� '�L��s��fE�f ` Laurie A. Hartmann bein dul sworn on oath sa s that she is the ublisher or the authorized w�th a, tlio ���y � b Y > Y P 8 1�t[�s t�fi"t i tyi�es ', agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- &� 2 1; 8�� 2`Q �`- 9=�b-�arid dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as Mmii sot���� � �"3DbOs -`, follows: G�' � � aq.�_ ' � � �ri�m,� � � �� ��e� ' ��.' (A) These newspapers have complied with the requirements constituting qualification as a legal ° � newspaper, as provided by Minnesota Statute 331AA2, 331A.07, and other applicable laws, as ;:i3� F amended. , �,? ; o��, � fl�{ �� ; e�j (B) The printed public notice that is attached to this Affidavit and idenrified as No--� � �p�s�i�ii� � x�s °:� d was published on the date or dates and in the newspaper stated in the attached Norice and said ��. ��� '' ior- Norice is hereby incorporated as part of this Affidavit. Said norice was cut from the columns of ,�� -� �he 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 publicarion of the Notice: a�e' � e� �o '�, d� - ro��t �� ' , �; abcdefghijklmnopqrstuvwxyz s�£eGY a�d' ��o ��nd, I , l Low� � 6r � � �� 703�00 �� � 13 ���, io`ris j By . �� # Forthepu�bsesof �Sec�on d�fini�ions � f� ou�"r '�tul�sofa ; Laurie A. 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MaaLimum rate allowed by law for the above matter ................................. $31.20 per column inch x ���� ' ° ' Rate actuall char ed for the above matter ................................... .......... $12.59 use a si Y g . per column inch � '� .. ,��t� ri �� �� r.:, c ,� � a�,� > >a d e '�n r �� a � :. "'� 3:�(� � .�` ��'��4 t ; Sp+eec� �`amifa�ons � � ! "�03'40i � �--� T � w� r n :g e t�tc ons , lYo � raft towing a pe�t.. be�o� _' ' ,. e., huii`�e� + ' . � � � ? =y i, � a t � ; i � a., � j _' � -�°-�� - . - � - -