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<br />L Elmo
<br />Gazette, Extra, May 10, 1995
<br />ORDINANCE 81-12
<br />STATE OF MINNESOTA
<br />COUNTY OF WASHINGTON
<br />CITY OF LAKE ELMO
<br />AN ORDINANCE RELATING TO WATER
<br />SURFACE USE
<br />Section 1455 WATER SURFACE USE
<br />1455.01 Purpose, The purpose of this Section
<br />is to establish the rules governing the use ofthe
<br />Lake surfaces within the City of Lake Elmo. It is
<br />the intent of this Section to promote the health,
<br />safety, welfare and well-being of all, and to
<br />define the standards of behavior expected for
<br />all water users.
<br />145502 Definitions. Unless the context or
<br />applicable State Statutes clearly indicates
<br />otherwise, the following words and phrases
<br />have the meaning given them in this section.
<br />Subd. 1. Watercraft: "Watercraft means
<br />any motor boat, paddle boat, personal
<br />watercraft, sailboard, or any other
<br />contrivance used or designed for navigation
<br />on water except:
<br />1. Duck Boats during the hunting season;
<br />2. A rice boat during the harvest season;
<br />3. A seaplane
<br />Subd. 2 Motorboat: "Motorboat" means
<br />watercraft propelled in any manner by
<br />machinery including wtaercraft temporarily
<br />equipped with detachable motors.
<br />Subd. 3. Paddle Boat: "Paddle Boat"
<br />means a non -motorized watercraft 19 feet
<br />in length or less that is propelled solely by a
<br />paddle wheel peddled by an operator or
<br />passenger
<br />Subd 4. Sailboard: "Sailboard" means a
<br />single passneger, non -motorized watercraft
<br />using a surfboard -type hull and free sail
<br />system which, without capsizing, allows the
<br />sail to lieflat in the waterwhen not supported
<br />by the operator.
<br />Subd. 5. Watercraft. Personal: "Personal
<br />Watercraft" means a motor boat that:
<br />1. Is powered by an inboard motor powering
<br />a water jet pump on by an outboard or
<br />propeller -driven motor.
<br />2. Is designed to be operated by a person or
<br />persons sitting, standing, or kneeling on the
<br />craft, rather than in the conventional man-
<br />nerof sitting orstanding inside a motorboat.
<br />Subd. 6. Person: "Person means an
<br />individual, partnership, corporation, the
<br />State and its agencies and subdivisions,
<br />and any other legal entity.
<br />Subd. 7. Slow No Wake: "Slow - No Wake"
<br />means operation of a watercraft at the
<br />slowest possible speed necessary to
<br />maintain steerage and in no case greater
<br />than 5 miles per hour (m.p.h)
<br />1455.03 Watercraft and Water Surface Use
<br />Regulations: The following regulations shall
<br />apply to the use of watercraft on lakes within the
<br />City of Lake Elmo; to the use of a lake within
<br />Lake Elmo and to the use of ice surfaces on
<br />lakes within Lake Elmo.
<br />Subd. 1. Dumping: No person shall dump
<br />orthrow garbage, paper, bottles, cans refuse
<br />or debris into any lake or on the shore of any
<br />lake or in any public area around any lake in
<br />the City.
<br />Subd. 2. Hours of Operation No person
<br />shall operate any motorboat, at a speed
<br />other than a slow no wake speed between
<br />sunset and noon the following day.
<br />Subd. 3. Operation Regulatons• No
<br />person shall operate any watercraft in
<br />violation of the provisions of the Lake Elmo
<br />Municipal Code, or in violation of the
<br />provisions of Minnesota Statutes, and/or
<br />the regulations ofthe Departmentof Natural
<br />Resources which statutes ar
<br />are here;
<br />In the event ofa conflictbetween thevarious
<br />City and State regulations, the more
<br />restrictive regulation shall apply.
<br />Subd. 4. Buoys. No person shall place a
<br />buoy on a lake unless thebuoy isspecifically
<br />authorized by the City Council and the
<br />Washington County Sheriff.
<br />Subd. 5. Operation. All motorboats,
<br />operating in excess of a slow no wake
<br />speed shall operate in a counter clockwise
<br />direction. Personal watercraft engaging in
<br />constant turning activity shall confine that
<br />activity to the center of the lake.
<br />Subd. 6. Non -Public Lake Access: No
<br />person, except riparian owners, shall launch
<br />a watercraft or gain access to or egress
<br />from a lake other than at a designated
<br />public access point except in the case of an
<br />emergency or except with the written
<br />permission of the riparian lotowner. A person
<br />who has written permission to launch a
<br />watercraft from a riparian lot shall park their
<br />vehicle(s) and trailer(s) on the lot of the
<br />riparian owner. Riparian lot owners who
<br />grant permission to use their property as a
<br />launch site shall otherwise comply with all
<br />of the land use regulations of the City.
<br />Subd. 7. Public Launching Areas. No
<br />person shall launch a watercraft or gain
<br />access to or egress from a lake except from
<br />a public right-of-way or other public park
<br />area in those locations specifically
<br />designated and posted for such purpose.
<br />Subd. 8. Safe Operating Distance. No
<br />person shall operate or permit the operation
<br />of a motorboat, in excess of slow -no wake
<br />speed, within one hundred (100) feet of a
<br />shoreline. Noperson shall operateorpermit
<br />the operation of a motorboat in excess of a
<br />slow -no -wake speed when towing a person
<br />on water skis or other such devices within
<br />one -hundred (100) feet of a shoreline.
<br />Launching or landing a personal watercraft
<br />or towing a person on skis or other such
<br />devices must be done by using the most
<br />direct route to or from open water.
<br />Subd.9. Non -MotorizedWatercraft. Non -
<br />motorized watercraft always have the right-
<br />of-way over motorized watercraft.
<br />1455.04 Winter Lake Use Regulations
<br />Subd. 1. Dumping • No person shall dump
<br />orthrowgarbage, paperbottles, cans, refuse
<br />or debris onto the ice of a lake or into any
<br />lake or on the shore of any lake or in any
<br />public area around any lake in the City.
<br />Subd. 2. Cleanup. Ice house owners are
<br />responsible for clean up of trash within
<br />twenty-five (25) feet of said house.
<br />Subd. 3. Emergency Access. No person
<br />shall gain access to or egress from the ice
<br />of lake other than at a designated public
<br />access point except in the case of
<br />emergencies or except with the written
<br />permission of a riparian lot owner. Persons
<br />who have written permission to access or
<br />egress the lake from a riparian lot shall park
<br />their vehicles and trailers on the lot of the
<br />riparian owner. Riparian lot owners who
<br />grant permission to use their riparian
<br />property for access to or egress from the
<br />lake shall otherwise comply with all land
<br />use regulations of the City.
<br />Subd. 4. Ice Fishing Holes. No person
<br />shall leave holes in the lake larger than
<br />one(1) foot in diameter unless the holes are
<br />visibly marked for day and night.
<br />Subd. 5. Size of Ice Fishing House. No
<br />person shall place a ice house larger than
<br />eight (8) feet by twelve (12) feet in size, on
<br />a lake.
<br />Subd. 6. Fires. No person shall have an
<br />open fire on the ice surface of a lake.
<br />1455.05 Administrative Directives,
<br />Subd. 1. High water Speed I-mmitatoons.
<br />During periods of high water on the lakes
<br />when the lev9I of the lakes reaches
<br />ea groat• 'a'
<br />930 feet on Lake DeMontreville; 885.5 feet
<br />on Lake Elmo), the City Administrator shall
<br />notify. the Washington County Sheriff to
<br />impose a slow no wake speed on the lakes
<br />and shall pursue all reasonable efforts:
<br />1. To notify the pubic of high water levels by
<br />notifying the City's legal newspaper and
<br />requesting publication of an appropriate
<br />article;
<br />2. To direct the City Parks Department to
<br />post a Slow No Wake sign visible from and
<br />the shoreline at appropriate public landing
<br />areas and to monitor lake levels on a daily
<br />basis.
<br />3. To post a notice on the City's bulletin
<br />board. High water restrictions shall remain
<br />in effect until lake levels have receded for
<br />three (3) consecutive days below the level
<br />designated for each lake.
<br />Subd. 2. Permanent Slow - No Wake
<br />Areas: The channels and narrows between
<br />Lake Olson and Lake DeMontreville are
<br />hereby designated as permanent slow - no
<br />wake areas and appropriate signs shall be
<br />posted.
<br />Subd. 3. Communication. The City shall
<br />make reasonable efforts to distribute a copy
<br />of the City's Water Su rface use Regulations
<br />to all riparian lot owners on or before April 1
<br />of each year. Copies of the Water Surface
<br />Use Regulations shall also be available for
<br />distribution at City Hall.
<br />1455.06 Prohibited Structures and Uses
<br />Subd. 1. Motorboat races, tournaments,
<br />ski jumps, slalom courses, or other
<br />competition or exhibition events are
<br />prohibited on any lake, unless specifically
<br />authorized by the City Council.
<br />Subd. 2. Unless specifically authorized by
<br />the City Council, and unless consistent with
<br />the City's zoning regulations, no riparian lot
<br />ownershall offerthe use oftheirpropertyfor
<br />a fee or other consideration:
<br />1. As ingress or egress to a lake.
<br />2. For watercraft rental;
<br />3. For swimming, skiing, or watercraft
<br />lessons;
<br />4. For a watercraft launch site; and
<br />5. For any ancillary water or ice related
<br />use.
<br />Effective Date: This ordinance shall be effective
<br />the day following its publication.
<br />Adoption Date. Passed by the City Council of
<br />the City of Lake Elmo the 2nd day of May, 1995.
<br />s/ Wo John
<br />Wyn John, Mayor
<br />Attest:
<br />s/ MaryKamer
<br />Mary Kuefner, City Administrator
<br />Publication Date. This Ordinance or an
<br />approved Summary thereof was published on
<br />the 10th of May, 1995.
<br />Y5/10
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