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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