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HomeMy WebLinkAbout94-04 Surface Water UsageCITY OF PRIOR LAKE ORDINANCE NO. 94-04 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 9, CHAPTER 3. The City Council of the City of Prior Lake does hereby ordain: Title 9, Chapter 3 of Prior Lake City Code is hereby amended in its entirety to read as follows: CHAPTER 3 PUBLIC WATERS Section: 9-3-1: 9-3-2: 9-3-3: 9-3-4: 9-3-5: 9-3-6: 9-3-7: 9-3-8: 9-3-9: Title Purpose Definitions Watercraft Speed Limitations Additional Restrictions Exemptions Notification Enforcement Penalties 9-3-1: TITLE: This Chapter shall be known and cited as the "Public Waters" Chapter. 9-3-2: PURPOSE: This ordinance 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. 9-3-3: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the 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 70-26 and 70-72 by the Department of Natural Resources. 9-3-4: (A) (B) (c) (D) 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. WATERCRAFT SPEED LIMITATIONS: No person shall operate a Watercraft, at 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. 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. 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. 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. Such restrictions shall become effective upon publication in the local newspaper as a news item or on a specified date, whichever is later. All public water accesses and private ramps shall be posted prior to and during the time restrictions are in place. In addition, - 2 - 9-3-5: (A) (B) 9-3-6: (B) 9-3-7: 9-3-8: 9-3-9: 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 watertoy, 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: ~ 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 Chapter. A temporary exemption from the restrictions set forth in Section 9-3-4(A) 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 of Prior Lake shall notify the public of this Chapter, which shall include but not be limited to placing a sign at each public watercraft launching facility outlining the essential elements of this Chapter, as well as placing other necessary buoys and signs. ENFORCEMENT: The enforcement of this ordinance 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 Chapter. PENALTIES: Any person who violates any provisions of this Chapter 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 - 3 - imprisonment of not more than ninety (90) days, or both. This ordinance shall become effective from and after its passage and publication. day of .June/ii.~: , ~ity Mana~ Passed by the Cit~ Council of the City of Prior Lake this 6 th 1994. Published in the Prior Lake American on the 11 day of June 1994. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 - 4 -