HomeMy WebLinkAboutOrdinance No. 81-12_ Affidavit of Publication0 A
Stillwater Evening Gazette AFFIDAVIT, of PUBLICATION
PO Box 58,102 S 2nd St, Stillwater, MN 55082
Phone: 612-439-3130 Fax: 612439-4713 State of Minnesota, )
ss.
County of Washington ) JmI #
1406
05-09-95 Date
Citq of Lake Eln?o MAY I
3300 Laverne Ave N
Lake Elrno, MN
55042
No. of Col. # of Days Description/Dates of Publication
Documents Inches Published
25.5 1 run Ordinance #q1.1 t
Water Jt rface Use
5/10/35 E -Ora
Have tion asked about the 03Zette orintinq services?
Mike Mahoney, being duly sworn, on oath says
that he is the Publisher or authorized agent and
employee of the publisher of the newspaper
known as Stillwater Evening Gazette, and has
full knowledge of the facts which are stated above.
A. The newspaper has compiled with all of the
requirements constituting qualification as a
qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A.07 and other applicable
laws, as amended.
Business Name 1 of 1 Pages
itu of Lal::µ
Elmo 3800 Laverne Ave
N Lake Ebro,
MN
55042 Unit
Total Rate
Amount 4.
000 Total
Amount Printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the
size and kind of type used in the composition and
publication of the
notice:
abcdefghijkimnopgrstuvwxy Title:
Publisher Subscribed anndd sworn to before me on
this day of
19 Notary
Public Received Payment
19 DEBRA K.
COLBURN NOTARY PUBLIC •
MINNESOTA 4My COM WOR E*r%JaIL 31,
qN
L Elmo
Gazette, Extra, May 10, 1995
ORDINANCE 81-12
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
AN ORDINANCE RELATING TO WATER
SURFACE USE
Section 1455 WATER SURFACE USE
1455.01 Purpose, The purpose of this Section
is to establish the rules governing the use ofthe
Lake surfaces within the City of Lake Elmo. It is
the intent of this Section to promote the health,
safety, welfare and well-being of all, and to
define the standards of behavior expected for
all water users.
145502 Definitions. Unless the context or
applicable State Statutes clearly indicates
otherwise, the following words and phrases
have the meaning given them in this section.
Subd. 1. Watercraft: "Watercraft means
any motor boat, paddle boat, personal
watercraft, sailboard, or any other
contrivance used or designed for navigation
on water except:
1. Duck Boats during the hunting season;
2. A rice boat during the harvest season;
3. A seaplane
Subd. 2 Motorboat: "Motorboat" means
watercraft propelled in any manner by
machinery including wtaercraft temporarily
equipped with detachable motors.
Subd. 3. Paddle Boat: "Paddle Boat"
means a non -motorized watercraft 19 feet
in length or less that is propelled solely by a
paddle wheel peddled by an operator or
passenger
Subd 4. Sailboard: "Sailboard" means a
single passneger, non -motorized watercraft
using a surfboard -type hull and free sail
system which, without capsizing, allows the
sail to lieflat in the waterwhen not supported
by the operator.
Subd. 5. Watercraft. Personal: "Personal
Watercraft" means a motor boat that:
1. Is powered by an inboard motor powering
a water jet pump on by an outboard or
propeller -driven motor.
2. Is designed to be operated by a person or
persons sitting, standing, or kneeling on the
craft, rather than in the conventional man-
nerof sitting orstanding inside a motorboat.
Subd. 6. Person: "Person means an
individual, partnership, corporation, the
State and its agencies and subdivisions,
and any other legal entity.
Subd. 7. Slow No Wake: "Slow - No Wake"
means operation of a watercraft at the
slowest possible speed necessary to
maintain steerage and in no case greater
than 5 miles per hour (m.p.h)
1455.03 Watercraft and Water Surface Use
Regulations: The following regulations shall
apply to the use of watercraft on lakes within the
City of Lake Elmo; to the use of a lake within
Lake Elmo and to the use of ice surfaces on
lakes within Lake Elmo.
Subd. 1. Dumping: No person shall dump
orthrow garbage, paper, bottles, cans refuse
or debris into any lake or on the shore of any
lake or in any public area around any lake in
the City.
Subd. 2. Hours of Operation No person
shall operate any motorboat, at a speed
other than a slow no wake speed between
sunset and noon the following day.
Subd. 3. Operation Regulatons• No
person shall operate any watercraft in
violation of the provisions of the Lake Elmo
Municipal Code, or in violation of the
provisions of Minnesota Statutes, and/or
the regulations ofthe Departmentof Natural
Resources which statutes ar
are here;
In the event ofa conflictbetween thevarious
City and State regulations, the more
restrictive regulation shall apply.
Subd. 4. Buoys. No person shall place a
buoy on a lake unless thebuoy isspecifically
authorized by the City Council and the
Washington County Sheriff.
Subd. 5. Operation. All motorboats,
operating in excess of a slow no wake
speed shall operate in a counter clockwise
direction. Personal watercraft engaging in
constant turning activity shall confine that
activity to the center of the lake.
Subd. 6. Non -Public Lake Access: No
person, except riparian owners, shall launch
a watercraft or gain access to or egress
from a lake other than at a designated
public access point except in the case of an
emergency or except with the written
permission of the riparian lotowner. A person
who has written permission to launch a
watercraft from a riparian lot shall park their
vehicle(s) and trailer(s) on the lot of the
riparian owner. Riparian lot owners who
grant permission to use their property as a
launch site shall otherwise comply with all
of the land use regulations of the City.
Subd. 7. Public Launching Areas. No
person shall launch a watercraft or gain
access to or egress from a lake except from
a public right-of-way or other public park
area in those locations specifically
designated and posted for such purpose.
Subd. 8. Safe Operating Distance. No
person shall operate or permit the operation
of a motorboat, in excess of slow -no wake
speed, within one hundred (100) feet of a
shoreline. Noperson shall operateorpermit
the operation of a motorboat in excess of a
slow -no -wake speed when towing a person
on water skis or other such devices within
one -hundred (100) feet of a shoreline.
Launching or landing a personal watercraft
or towing a person on skis or other such
devices must be done by using the most
direct route to or from open water.
Subd.9. Non -MotorizedWatercraft. Non -
motorized watercraft always have the right-
of-way over motorized watercraft.
1455.04 Winter Lake Use Regulations
Subd. 1. Dumping • No person shall dump
orthrowgarbage, paperbottles, cans, refuse
or debris onto the ice of a lake or into any
lake or on the shore of any lake or in any
public area around any lake in the City.
Subd. 2. Cleanup. Ice house owners are
responsible for clean up of trash within
twenty-five (25) feet of said house.
Subd. 3. Emergency Access. No person
shall gain access to or egress from the ice
of lake other than at a designated public
access point except in the case of
emergencies or except with the written
permission of a riparian lot owner. Persons
who have written permission to access or
egress the lake from a riparian lot shall park
their vehicles and trailers on the lot of the
riparian owner. Riparian lot owners who
grant permission to use their riparian
property for access to or egress from the
lake shall otherwise comply with all land
use regulations of the City.
Subd. 4. Ice Fishing Holes. No person
shall leave holes in the lake larger than
one(1) foot in diameter unless the holes are
visibly marked for day and night.
Subd. 5. Size of Ice Fishing House. No
person shall place a ice house larger than
eight (8) feet by twelve (12) feet in size, on
a lake.
Subd. 6. Fires. No person shall have an
open fire on the ice surface of a lake.
1455.05 Administrative Directives,
Subd. 1. High water Speed I-mmitatoons.
During periods of high water on the lakes
when the lev9I of the lakes reaches
ea groat• 'a'
930 feet on Lake DeMontreville; 885.5 feet
on Lake Elmo), the City Administrator shall
notify. the Washington County Sheriff to
impose a slow no wake speed on the lakes
and shall pursue all reasonable efforts:
1. To notify the pubic of high water levels by
notifying the City's legal newspaper and
requesting publication of an appropriate
article;
2. To direct the City Parks Department to
post a Slow No Wake sign visible from and
the shoreline at appropriate public landing
areas and to monitor lake levels on a daily
basis.
3. To post a notice on the City's bulletin
board. High water restrictions shall remain
in effect until lake levels have receded for
three (3) consecutive days below the level
designated for each lake.
Subd. 2. Permanent Slow - No Wake
Areas: The channels and narrows between
Lake Olson and Lake DeMontreville are
hereby designated as permanent slow - no
wake areas and appropriate signs shall be
posted.
Subd. 3. Communication. The City shall
make reasonable efforts to distribute a copy
of the City's Water Su rface use Regulations
to all riparian lot owners on or before April 1
of each year. Copies of the Water Surface
Use Regulations shall also be available for
distribution at City Hall.
1455.06 Prohibited Structures and Uses
Subd. 1. Motorboat races, tournaments,
ski jumps, slalom courses, or other
competition or exhibition events are
prohibited on any lake, unless specifically
authorized by the City Council.
Subd. 2. Unless specifically authorized by
the City Council, and unless consistent with
the City's zoning regulations, no riparian lot
ownershall offerthe use oftheirpropertyfor
a fee or other consideration:
1. As ingress or egress to a lake.
2. For watercraft rental;
3. For swimming, skiing, or watercraft
lessons;
4. For a watercraft launch site; and
5. For any ancillary water or ice related
use.
Effective Date: This ordinance shall be effective
the day following its publication.
Adoption Date. Passed by the City Council of
the City of Lake Elmo the 2nd day of May, 1995.
s/ Wo John
Wyn John, Mayor
Attest:
s/ MaryKamer
Mary Kuefner, City Administrator
Publication Date. This Ordinance or an
approved Summary thereof was published on
the 10th of May, 1995.
Y5/10