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HomeMy WebLinkAboutOrdinance - 44 - Regulating the Use of Lake Waters - 03/25/1964 VILLAGE OF EDEN PRAIRIE HN NNEPIN COUNTY, MDOMOTA ORDINANCE NO. - 1 AN ORDINANCE REGULATING THE MANNER OF USE OF LAKE WATERS SECTION 1. Nuisances Prohibited. No person shall commit or maintain a public nuisance in or upon the waters of any lake o*ther body of water and no person shall let, permit, or enable any other person to use any boat, dock, craft or structure, or portion thereof, knowing that it is intended to be used for committing or maintaining a public nuisance. No person shall willfully prevent, hinder, or oppose or obstruct a public official in the perfortoauce of his duty in carrying out the provisions of this ordinance, or in removing or abating a public nuisance. SECTION 2. Nuisances Defined. A public nuisance is a crime, punishable as a misdemeanor, and consists in unlawfully doing an act or omitting to perform a duty, which act or omission shall, for the purposes of this ordinance: Subsection 1: Injure or endanger the safety, health, or comfort of the public; or, Subsection 2: Offend public decency, or, Subsection 3: unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for use or passage, a lake or other body of water, Subsection 4: Cause the depositing or littering of refuse, waste or other deleterious, poisonous or injurious substance upon water or ice of any lake or other body of water. f Subsection 5: Cause the depositing of sewage into lake waters. t Subsection 6: Cause the erection or maintenance of any dock or struct— ure which interferes with, obstructs, or tends to obstruct or render dangerous for use, the waters of any lake. { SECTION 3. Subsection 1: The failure to equip and to operate a boat, vessel or watercraft in accordance with the provisions of Chapter 361 of Minnesota Statutes, as amended, which statutes are hereby adopted and incorpo— rated herein and made a part hereof by reference, as fully as if set forth herein, Provided, that these additional requirements shall be met by all owners and operators, of watercraft within the harbor limits established herein, namely: Subsection 2: All watercraft in use or underway between sunset and sunrise y shall be equipped with and have in operation red and green running lights in the forward section of the boat, and a white light at the stern or on the super— structure, which white light shall be visible on a dark night with clear atmosphere for a distance of two miles from any direction# Provided, however, that motor powered watercraft under 16 feet in overall length may use portable lights, which must be clamped on the watercraft when in use; and, non—powered watercraft may use a portable single white light which is visible from any direction for a distance of two miles on s dark night with clear atmosphere. Subsection 3: All watercraft when at anchor or drigting must show a white light visible from any direction for a distance of one mile, and such light shall be lit from sunset to sunrise, except that a watercraft anchored in a cove within one hundred feet of shore and 200 feet array from normal navigation and any watercraft anchored at a dock or pier need not have the white light lit. f Subsection 4s All watercraft shall have on board and readily accessible Coast Guard Approved Ptte preservers, vests or buoyant cushions capable of keeping every person on board afloat. Subsection 5: No watercraft other than an authorized Water Patrol Boat or other police watercraft shall use or display a red light, except a red running light. Subsection 6r. No watercraft other than an authorized Water Patrol Boat or other police watercraft shall use or display a police, sheriff or law enforcement officers flag, or any device designed to simulate such a flag„ Subsection 7: No person shall board, use, damage or tamper with a watercraft, except when done by the owner or with the owner's consent. Subsection 8: No person under fifteen years of age shall operate a water- craft powered by a motor of ten horse power or more, unless accompanied by a competent person fifteen years of age yr older. Subsection 9: The failure to tow or to operate a watercraft towing one or more persons behind a watercraft on water skis, aquaplane, surfboard, saucer, or similar device, except in compliance with those regulations: Subsection 10: Every person being towed shall wear a life vest, belt or other buoyant device, except with written permission of County Sheriffs Subsection 11: Not more than two persons may be towed at one time, except with written permission of the County Sheriff. h Subsection 12: No person shall be towed from one-half hour after official sunset to sunrise. Subsection 13: No person shall be towed by a rope, cable or other towing device longer than 85 feet, except with a written permit of the County Sheriff. Subsection 14: No person shall operate a watercraft when towing a person, and no portion being towed, shall come within 150 feet of any bathing area,skin a:ver's warning flag, swimmer, or raft, watercraft, dock or pier except that raft, dock, or pier from which he is operating. Subsection 15: No person shall tow or be towed during a holiday, or Saturday or a Sunday, or in a congested area at any time, unless two competent persons are on the boat or watercraft. The driver of such =s`_•_roraft shall be at least fifteen years of age, and must watch where the watercraft is being driven at all times. The second person on board the watercraft shall be an observer, and shall be at least twelve years of age, and shall watch the person a or persons being towed at all times. Subsection 16: No person shall drag an unoccupied tow line behind a water- craft for an unreasonable length of time, u �, ' fir", b �l.s.- �1�wypr be towed isd�ry n.. 7TMO �i .:. . " * w. psreHeasail r all raf s t2 pro aeeil tlirh1 S 0 �aY chaniote . • narrow passages of water with closed throttle. SECTION 5. No person shall obstruct or interfere with passage of a boat or vessel through a channel or narrow water passageway. SECTION 6. No person shall operate a boat or vessel in a careless or reckless manner in or about a public swimming beach. SECTION 7. No person shall swim in a channel, or jump or dive from a channel bridge or dam. n. SECTION S. No person shall operate any watercraft, automobile, vehicle or powered propelled device on the open water, or upon an ice covered body of water, in such a manner as to endagger life, limb or property. a i, SECTION 9. No person shall anchor or operate a boat within 100 feet of a structure holding a lawful permit to be used for the purpose of a ski jump, or within 100 feet of the buoys used as markers for the water ski course, during such times as the said water ski course and jump are in use by water skiers. Y SECTION 10. Penalty. Any person violating any of the provisions of this ordinance shall be guilty of a nisdemesnor and shall be punished by a fins of not, to exceed One Hundred ($100.00) Dollars, or by imprisonment for a period of not to exceed ninety (90) days. ADOPTED by the Village Council of the Village of Eden Prairie this � '- day of March, 1964. Donald Rogers, Mayor ATTEST: . L _ / J s C. Brown, Clerk Published in the Hennepin County Review oa , 1964, Y AFFIDAVIT OF PUBLICATION •.................................1\/\//\.\I.\1\1.NI//1\1/\/\I\\\\/\/\\I\/\1Y1\NII\Il ? 1'A The Hennepin Count Review � y Hopkins, Minn. OSffeisi' Y� t .va�R�aa�i State of Minnesotao "Elr�' County of Hennepin y JOHN E. TILTON. being duly sworn, on oath says: that he now is and during all the time herein- stated has been JOHN E. TILTON, the publisher.. . and printer of the newspaper known a as The Hennepin County Review, and has full knowledge of the facts herein stated. That for rnore than one year immediately prior to the publication therein of the printed /1A i i^a ...................... . ........... ....� Q-.-. 1C:.... G.•..��r.......................... .......................... . i hereto attached, said newspaper was printed and published in the English language from Its known office of publication within the County of Hennepin, State of Minnesota, on Thursday of - each week in column and sheet form equivalent in space to 450 running inches of single column two inches wide; has been issued from a known office established in said place of pubucation ., ' I equipped with skilled workmen and the necessary material for preparing and printing the same: � TI3E HENNEPIN COUNTY REVIEW has had in its makeup not less than twenty-five of its news columns devoted to local news of interest to said community it purports to serve. the press work of which has been done in Its said known place of publication: has contained general news. comments and miscellany: has not duplicated any other publication; has not been entire- ly made up of patents, plate matter and advertisements; has been circulated at and near ite said +' place of publication to the extent of 240 copies regularly delivered to paying subscribers: has been entered as second class mail matter in local post office of Its said place of publication; that there } has been on file in the office of the County Auditor of said county the affidavit of a person hav- ing first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; and that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical i Society.St.Paul. n 4 That the printed ... ..... .. ...... ................ .. ........ a p . . hereto attached as art hereof was... . cut from the columns of said newspaper; was puiblished therein in the English language once a week for... .....L successive weeks; that it was first so published on the... ... ... . ..... . ...day of..... .-,....... .......... 19........ And thereafter on. . . ...... ... .. .... of each week to and including the day of ..... 19 and that the following is a copy of the lower case ; alphabet which is acknowledged to have been the size and kind of type used in the publics- i ►ion of said }i'u 112 r C .t... i .... abedelghijkimnopgrstuvwxyz Publisher �r + Subscribed and sworn to before me this day of T 21. 0010 .. .. ��i Thomas,. Wf�llia, ub ,Hennepin County.U3nn. MY Commission Expires June 10.19l9 6 tint...