HomeMy WebLinkAbout121895
POPHAM HAIK
SCHNOB RICH Be KAUFMAN, LTD.
INCL.UDING THE LAW PRACTICE OF
MASON, FENWICK Be LAWRENCE, ESTABLISHED 1861
U.S. OFP'ICES:
AFFILIATIONS:
DENVER, COL.ORADO
TEL. 303-893- I 200
SUITE 3300
BEIJING. CHINA
TEL. 01 I Bel -5 1 3528 I
MIAMI. FL.ORIOA
TEL 305-530-0050
222 SOUTH N I NTH STREET
MINNEAPOLIS, MINNESOTA 55402-3336
TEL 612-333-4800 . FAX 612-334-8888
LEIPZIG. GERMANY
TEL 01149-341-45118429
WASHINGTON, D.C.
TIEL 202-82"-8000
STUTTGART, GERMANY
TEL. 01149-71 1-223&3
SUESAN L.EA PACE, ESQ.
DIRECT DIAL (612) 334-2626
December 18, 1995
Mr. Paul Hokeness
Director of Parks
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372
Re: Amendments to City Park and City Snowmobile Ordinances
Dear Paul:
Enclosed are suggested amendments to the City's park and snowmobile ordinances.
Specifically I have added the section dealing with access to lakes through park property. I
have made several other somewhat minor suggestions and in a few instances, highlighted
issues for you to consider.
I am also enclosing park and snowmobile ordinances from other jurisdictions. I
thought they might be useful in suggesting ideas you may want to consider.
.
Please let me know if there is anything further I can do on these two chapters. I will
begin working on the special assessment questions we discussed.
Sincerely,
~~
Suesan Lea Pace
cc: Frank Boyles (w/o enclosures)
~21122IlJ.\.\OO i2/1 li/'J)
------".--.....--.... .............-------."""l.----..... ....---...-.---------......".--....-....""..0.----.
SECTION:
9-2-1 :
9-2-2:
9-2-3:
9-2-4:
9-2-5:
9-2-5-1:
9-2-5-2:
9-2-5-3:
9-2-5-4:
9-2-5-5:
9-2-5-6:
9-2-5-7:
9-2-6:
9-2-6-1:
9-2-6-2:
9-2-7:
9-2-8:
9-2-9:
CHAPTER 2
CITY PARKS
Purpose
Definitions:
General Conduct
Protection of Natural Resources and Wildlife
Restricted Activities
Camping
Swimming
Boating
Fishing
Horseback Riding
Bicycling
Meetings, Speeches, Demonstrations and Parades
Vehicles
Vehicles
Motorized Recreation Vehicles
Park Operation
Enforcement and Penalty
Waiver
9-2-1: PURPOSE: The purpose of this Chapter, which is enacted ~H:lrsl:lant to Miflflesow
Statl:ltes, is to secure the quiet, orderly and suitable use of public parks, trail systems
and public access to lakes established by the City by providing for regulations
intended, and to further the safety, health, comfort and welfare of all persons in the
use thereof. (Ord. 77-5, 6-26-77)
9-2-2: DEFINITIONS: For the purpose of this Chapter, the terms defined in this Section
shall have the meanings given them in this Section. Any undefined term used in this
Section shall have its usual and customary meaning.
421122103121 12121/95
DOMESTIC ANIMAL:
A dog or cat.
DRUGS:
Any substance defined as a controlled
substance by Chapter 152, Minnesota
Statutes or other statutes of Federal laws or
regulations.
"..,.", ..-_.".."-,-~-,"..."-,"--..-,-,,-,.,,~~-.,-----....+--,,.,._,..,._-"-~.....-~...."..
INTOXICATING LIQUOR:
MOTORIZED RECREATIONAL
VEHICLE:
NONINTOXICATING MALT LIQUOR:
PARK:
PARK VISITOR:
PARKS AND RECREATION
DIRECTOR:
PRIOR LAKE PARKS:
VEHICLE:
.".....................'.....-....-..'.'............ .
)Y1A;mR~~
WEAPON:
-t21/221 0.\1 2 J 12121/95
Any liquor which is intoxicating pursuant
to State law and includes ethyl alcohol,
distilled, fermented, spirituous, vinous and
malt beverages containing in excess of
three and two-tenths percent (3.2%)
alcohol by weight.
Any self-propelled, off-the-road or all-
terrain conveyance, including but
not limited to, a snowmobile,
minibike, amphibious vehicle,
motorcycle, go-cart, trail bike, dune
buggy or four-wheel drive.
A beverage containing not more than three
and two-tenths percent (3.2%) alcohol by
weight.
Any land or water area and all facilities
thereon, established as a park by the City
pursuant to State statutes.
Any person, firm, partnership, association,
corporation, government unit, company or
organization of any kind within a park.
The person appointed by the City Manager
to serve as the chief administrative
officer of the City park system.
The park organization or system in the
City.
Any motorized, propelled, animal-
drawn or human-powered
conveyance.
Any device from which 500ft :I$.R9J
or projectiles of any type can be
discharged by means of an
explosive, gas, compressed air or
otherwise propelled, including but
2
..-... ....... . ...-'.......,.....'...--..... --...-...................---...-.... .. .......................--..-..... ........--.....--.
not limited to firearms, bows and
arrows, slings and spring guns.
WILDLIFE:
All living creatures, not human,
wild by nature, endowed by
sensation and power or voluntary
motion, including quadrupeds,
mammals, birds, fish, amphibians,
reptiles, crustaceans and mollusks.
9-2-3: GENERAL CONDUCT: It shall be unlawful for any person to:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(1)
(1)
Use threatening, abusive, insulting, obscene or indecent language or to act in an
indecent manner, or to do any act which constitutes a breach of the public peace in a
park. (Ord. 77-5, 6-26-77)
Have in possession or bring into a park "nonintoxicating" or "intoxicating" malt liquor
or beer in kegs or barrels without a permit from the Parks and Recreation Director.
(Ord. 78-10, 6-26-78)
Consume any alcoholic beverage, whether "intoxicating liquor" or "nonintoxicating
liquor", in any park between the hours of ten o'clock (10:00) P.M. and five o'clock
(5:00) A.M. with the exception of City scheduled activities or with the written
permission of the Parks and Recreation Director. (Ord. 92-06, 6-15-92)
Disturb, harass or interfere with any park visitor or a park visitor's property.
Deposit, scatter, drop or abandon in a park any bottles, cans, broken glass, sewage,
waste or other material, except in receptacles provided by such purposes.
Enter a park with glass beverage bottles or glass beverage containers.
Dig trenches or make other excavations in a park.
Throw, discharge or place in or upon any lake, stream, creek, pond or other body of
water in or adjacent to a park, or any tributary, stream, storm sewer or drain flowing
into such waters, any substance, liquid or gas.
Gamble or participate in any game of chance in a park.
Use any land or body of water within a park for a starting or 4afte. #.mgj fIeld for
aircraft, balloons or parachutes, without a permit from the Parks and.Re.creation
Director.
421/22103121 12/21/95
3
.-. ._.. .... '.~-_.-,.-..._~._.. . "-_... ... .oo
(K) Start a fire in a park, except a small fire for culinary purposes in a designated area, or
fail to fully extinguish such a fire.
(L) Drop, throw or otherwise leave unattended in a park, lighted matches, burning cigars,
cigarettes, tobacco, paper or other combustible materials.
(M) Sell, solicit or carry on any business or commercial enterprise or sefYe ii-mil in a
park unless authorized by the Park Director in writing.'.'.'.'.'.'.'.'.'.'.'.""""""
(N) Use loudspeakers or other amplifying systems in a park except with written permission
from the Park Director.
9-2-4: PROTECTION OF NATURAL RESOURCES AND WILDLIFE: It
shall be unlawful for any person to:
(A) Injure, destroy or remove any tree, nower, shrub, plant, rock, soil and mineral in a
park.
(B) Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed,any species
of wildlife within a park, except that fishing may be permitted in designated areas.
(C) Shoot any weapon into a park from beyond park boundaries.
(D) Bring a dog, cat, heTse or other domestic animal into a park unless under the control
of the owner or attendant. Any person bringing a dog, cat or other domestic animal
into a park must comply with the provisions set forth in Section 9-2-5-5 below.
(E) Bring or permit any dog, cat, horse or other domestic animal to enter a beach area,
nature center area, picnic area, park building or skating rink.
fA Permit a dog, cat, horse or other domestic anima:! to distl:lrb, Aarass or iaterfere with
any park visitor or park visitor's property..
(F)tG1 Possess any weapon (as defined in Section 9-3-2 hereof) within a park.
(6)fH1 Release within a park any plant, chemical or other agent potentially harmful to the
vegetation or wildlife of the park.
CUM
Remove any animal, living or dead, from a park and aHY;:~::::~::.* animal so removed or
taken contrary to the provisions of this Chapter or laws 6ftlleState shall be
considered contraband and subject to seizure and confiscation.
9-2-5:
RESTRICTED ACTIVITIES:
421/22103121 12121/95
4
_~'_~~'_""'_'_""'''''''''''''''~~''"''_'''"",",""'k_~"'''_'_''~~~_'_'~''''._._~"_..~___,~~"..,_"~........-...._~._...._-~~..,._..._~-~~_."._.~'-----,~._--
9-2-5-1:
CAMPING: It shall be unlawful for any person to camp in a park except with
written permission of the Park Director.
9-2-5-2:
SWIMMING: It shall be unlawful for any person to:
(A) Wade or swim within a park except at beaches designated for that purpose, and then
only between sunrise and sunset, or such hours as may be designated ii~til" by
the Park Director. Park visitors shall swim or wade at their own risk..................................
(B) Take bottles or glass of any kind, except eyeglasses into a designated beach area.
(C) Use air mattresses, inner tubes or other inflatable devices except in designated beach
areas.
9-2-5-3:
BOATING: It shall be unlawful for any person to:
(A) Launch or land any boat, yacht, canoe, raft or other watercraft upon any water, lagoon,
lake, pond or slough within a park except at locations and times designated for that
purpose.
(B) Operate any watercraft in a designated swimming area or other prohibited area.
(D) Operate any watercraft in a park in violation of Minnesota Statutes, Chapter 361,
"Waters and Watercraft Safety".
9-2-5-4:
FISHING: It shall be unlawful for any person to:
(A) Fish in a park in violation of any provision of Minnesota Statues, Chapter 101.
(B) Fish in a park area designated as a swimming area.
(C) Leave any structure or shelter in any park for more than forty eight (48) hours.
9-2-5-5:
DOGS, CATS OR OTHER DOMESTIC ANIMALS:
(A) The pet is properly licensed.
(B) Pets shall be under control at all times. The pet owner is liable for any action taken
or damage cuased by the pet.
(C) All pets .shall be restrained at all times on adequate leashes not longer than six feet.
Nothing herein shall be construed to permit the running of pets at large.
42112210312112121/95
5
. -- '. -.......... ...._......_-.,..._...~...... .-..... .... ....-....-...--..........-...-..---.....-..-...-......-....-........
(D) Persons conducting pets in the public parks must have in their possession tools or
equipment suitable for the removal of animal fecal mateiral and shall promptly and
effectively remove from the ground or surface of any park and any park facilities all
fecal material deposited there by a pet under their care and control. Persons removing
animal waste from park surfaces shall dispose of it in a sanitary manner, which may
include depositing it in any designated waste receptacle located in the public parks.
(E) Persons bringing a dog, cat or other domestic animal into a park shall not permit the
animal to disturb, harass or interfere with any park visitor or park visitor's property.
9 2 5 5: HORSEB.^..CK RIDING: It shall be uHla.,;fal for aay persoH te riae a horse iH a
reokless manaer or ia a maImer to creare a aHisance or to likely eactaager the safety ef aay
park '/isitor.
9-2-5-6:
BICYCLING: It shall be unlawful for any person to operate a bicycle except
at park designated bikeways and roadways, and except as close to the right-
hand side thereof as conditions will permit.
9-2-5-7:
MEETINGS, SPEECHES, DEMONSTRATIONS AND PARADES: It shall be
unlawful for any person to conduct public meetings, assemblies, entertainments,
parades or demonstrations within a park without first obtaining a written permit
from the Park Director, and then only in the area designated in the permit.
9-2-6:
VEHICLES:
9-2-6-1:
VEHICLES: It shall be unlawful for any person to:
(A) Operate any vehicle within a park except upon designated roadways and parking areas.
(B) Operate a vehicle in a park at a speed in excess of posted speed limits.
(C) Park or leave a vehicle standing within a park except at a designated parking area.
(D) Operate a vehicle which emits excessive or unusual nose, noxious fumes, dense smoke
or other polluting matter.
(E) Operate a vehicle in a reckless or careless manner in a park.
(F) Wash, polish, grease, change oil or repair any vehicle in a park.
9-2-6-2:
MOTORIZED RECREATION VEHICLES: It shall be unlawful for any person
to:
421122103121 12121/95
6
(A) Operate a motorized recreation vehicle within a park except on designated roadways
and parking areas..
(B) Operate a snowmobile within a park other than on trails designated within the park for
snowmobile traffic.
9-2-7: PARK OPERATION::
(A) A person may be granted a permit for temporary exclusive use of reserved space
within a park (Ord. 77-5, 6-27-77).
(B) We ii:Gipfi::I::i:Pf9y~i@R:::I:::~!Bill::::t.m::::I!RI~ no person shall remain within a park
between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. with the
exception of City scheduled activities or with the written permission of the Parks and
Recreation Director. (Ord. 86-07, 11-10-88)
((Q)1999$W~pq~r~gt;~n9SP~9$!';(:~:~;~l:~;.H~OO9:!~Y~:::9i!~9i1:::~p;!I!::.:I~It:;i:::1I9
11~111.'lllf"_-"'1
$QBWlpP~~mg9r;9~~1$.A~#.g~. [NOTE: Snowmobiling ordinance restricts
snowmobillngl:>etweenil1ehours of 11:00 p.m. and -l
~I?:)
Any permit granted pursuant to this Chapter may be revoked upon the violation
by the permittee of any ordinance, rule or regulation of City parks.
f9j(e)
It shall be unlawful for any person to use any facility or area for which a fee
or charge has been established by the City without payment of such fee or
charge.
fH1(.JP) The City shall not be liable for any loss, damage or injury sustained by a park visitor.
fB(Q) Any park or portion thereof may be declared closed to the public by the City Council
....... or the Park Director at any time and for any interval of time or to certain uses, as the
City Councilor Park Director shall find reasonable necessary. (Ord. 77-5, 6-27-77).
9-2-8 ENFORCEMENT AND PENALTY:
(A) A person violating and provision of this Chapter shall be guilty of a misdemeanor
which is punishable by a fine of not more than -fWe liml hundred dollars ($500.00)
(;js.:!~~;~), or by imprisonment for a period not to exceed ninety (90) days, or both.
(OrcC77-5, 6-27-77; amd. 1979 Code)
(B) The Chief of Police shall have the principle resonsibility fo renforcing the provisions
of this Chapter. In addition, designated Prior Lake parks employees may, in
.t21122103121 12121/95
7
connection with their duties imposed by law, diligently enforce the provisions of this
Chapter and eject from parks, persons acting in violation of this Chapter.
(C) The Park Director shall have the authority to revoke for good cause any permit or
reservation issued by the Park Director.
(D) The City COHflcil or 1_1::::I:::.~I~.M::::lill. Park Director shall have the
right to issue adminisuitiverulesandHregulad6nstllai may be establishea by the
COHHcil or Park Director governing the operation of City parks.
(E) Nothing in this Chapter shall prevent employees or agents of the Prior Lake parks
from performing their assigned duties.
(F) No person shall impersonate any employee of the City parks not interfere with, harass
or hinder any employee in the discharge of their duties.
9-2-9: WAIVER: Any provision of this Chapter may be waived at the discretion and
direction of the City Manager. (Ord. 77-5, 6-27-77)
.t2112210312112121/95
8
SECTION:
11-2-1:
11-2-2:
11-2-3:
11-2-4:
11-2-5:
11-2-6:
11-2-1 :
11-2-2:
CHAPTER 2
SNOWMOBILES
Statutes Apply
Restricted Areas for Snowmobiling
Operating Rules and Restrictions
Required Snowmobile Equipment
Enforcement
Penalty
STATE STATUTES RULES AND REGULATIONS APPLY: AIl general laws
and statutes of the State and any rules or regulations adopted thereunder
dealing with snowmobiles shall apply within the City of Prior Lake and shall
be construed as supplementary to the provisions of this Chapter.
RESTRICTED AREAS FOR SNOWMOBILING: It shall be unlawful to
operate a snowmobile in any of the following areas of the City:
/->
(A) Within a distance of three hundred feet (300) of a residence or business at a speed
greater than ten (10) miles per hour and within fifty feet (50') of any other
snowmobile proceeding in the same direction. (Ord. 72-19, 11-6-72)
(B) On Main Avenue except to cross at right angles at Dakota Avenue or the railroad
~.(Ord. 72 19, II 6 72; amd. 1070 Code)
(C) On any sidewalk ql'~~9m~1112~981~y,:lii~ig~i~t:i9f.:19Rlm9R.i within the
City.
(D) On any school property.
(E) Within one hundred feet (100') of any fisherman, skating rink area, sliding area or any
other area where the operation would conflict with the use of said area, or endanger
other persons or property.
(F) In a cemetery.
(G) On any church property within oae hundred feet (100') of aay buildiRg or parkiag area
dl:lring a period of ORe hOHr before, tllroHgh ORe hOHr after chHrch fHRctioas.(Ord. 72
19, 11 6 72)
(H) On Public or Private Property:
42112210312112121/95
9
--
1.
No saowmobile may be operates OR .~ public property other than a public
roadway, or on private property, with'out the written permission of the owner or
possessor of land on which it is being operated except a recognized
snowmobile club may, by prearrangements with the Park Director, make other
arrangements satisfactory to the City.
2. No person shall permit a use of their premises or their property by S8.0WffiOsile
~!~~~r~~~'!:.n violation of this subsection or the Statutes iiii:t;I of the
3. The owner or person in possession of the premises shall be deemed to have
permitted the use, as specified in subsection (H)2 above, under eilBef MY of
the following circumstances:........
a. If said owner has granted written permission to the operator, or
b. A parent permitting the use of property by a minor child in violation of this
subsection. COrd. 73 17, 7 2 73)f91-
Q~' .....If.S.~q...9}\'A~r~~iBFI~tl$.I~"9.99.$..iiml:i];illt~l.II~II;
(I)
Within the boundaries of the Lake Front Community Park of the City other than
designated trails within the park for snowmobile traffic.l (Ord. 74-6, 5-6-74)
11-2-3: OPERA TING RULES AND RESTRICTIONS: It shall be unlawful for any
person to operate a snowmobile in violation of the following restrictions: (Ord.
72-19,11-6-73)
(A) There shall be no snowmobiling between the hours of eleven o'clock (11:00) P.M.
through seven o'clock (7:00) A.M., except that on Friday and Saturday evenings and
New Years Eve evening, snowmobiling shall be allowed until two o'clock (2:00) A.M.
of the following day. (Ord. 73-22, 12-17-73)
(B) There shall be no snowmobiling at any place in a careless, reckless or negligent
manner so as to endanger or be likely to endanger any person or property of another,
or to cause injury or damage thereto ~9.::!pll~~:::9f;:.:ir9..~.
(C) No person shall tow any person or think on any public street, township road, Country
road, highway, or lakes, except through the use of a rigid tow bar attached to the rear
of the snowmobile, except a disabled machine, and then by a rope no longer than ten
feet (10').
I See Title 9, Chapter 2 of this Code, City Parks.
42112210312112121/95
10
(D) No snowmobile shall be operated in such a manner so as to create loud and excessive
noise, or in any way which shall unduly disturb the peace, quiet use and enjoyment of
property or privacy of the residents of the City or in a manner to create a public
nuisance thereby. ~#8mam~"~~qJ,~~:i::I!!i:::lq!~m.:::R~::Ii:~:::I!iimfi
(E) No person shall operate a snowmobile while under the influence of liquor, narcotics or
habit-forming drugs.
(F) No person shall leave or allow a snowmobile to be or remain unattended while the
motor is running, or with the keys in the ignition switch.
(G) When snowmobiles are approaching each other head on, or clearly so, each shall turn
to the right a sufficient distance so that they will safely pass. When the course of an
approaching snowmobile is so far to the right as not to be considered as meeting head
on, each shall maintain its course and pass clear. When snowmobiles are crossing
courses, or approaching each other obliquely or at right angles, so as to involve risk of
collision, the snowmobile which has the other on its right shall yield the right of way.
(H)
The limitations of operatioa provided Hader m: this Chapter are excepted from afld
a~~~.~~i~i~s~~!i:i:::
motor vehicles.
/_c..-,
11-2-4: REQUIRED SNOWMOBILE EQUIPMENT:
(A) Except as otherwise provided by State Statute or Rules and Regulations adopted
thereunder, all snowmobiles must have standard mufflers, properly attached and in
constant operation, which reduced the noise of operation of the motor to the minimum
necessary for operation. No person shall use a muffler cutout, bypass, straight pipe or
similar device on a snowmobile motor and the exhaust system shall not produce a
sharp popping or crackling sound.
(B) All snowmobiles shall have a safety or "deadman" throttle in operating condition at all
times.
Ji~f~:;; ENFORCEMENT: The Police Department may select and 4faffi persons
~~~9~~ft~q..9.~~fJi.Y~::lqU9~::.pm#iJ shall be responsible for the
enIorcemeni' this' Chap'ter~""(bid:"72~T9:"i i~6~72)
11 2 6: PEN,^~L TY:(~!
Any person violating the terms of this chapter shall, upon
conviction thereof, be found guilty of a misdemeanor and shall
be punished by a fine not exceeding fWe liii,l hundred dollars
42112210312112121/95
11
..--.----~---_..._.....__..,.-.--. "-'--'--I---~''''''-'''.'''''''-'--'--'-------''-'-'--'..--.
421/22103121 12121195
-..-.........,..... ,
($500.00), or by imprisonment for a period not exceeding ninety
(90) days, or both. (Ord. 72-19, 11-6-72; amd. 1979 Code)
12
,--"~
__n__n__n______ COMPARISON OF FOOTNOTES ----___________n_
-FOOTNOTE 1-
See Title 9, Chapter 2 of this Code, City Parks.
------------------ COMPARISON OF FOOTERS --------------____
-FOOTER 1-
421/22102487
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421122103121 12121/95
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