HomeMy WebLinkAboutOrdinance - 12-2018 - Amending City Code Chapter 9, Related to Use of Lake Waters - 06/21/2018 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-2018
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 9 RELATING TO THE USE OF LAKE WATERS AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1.City Code Chapter 9, Section 9.60, is hereby amended by deleting Section 9.60 in its entirety
and replacing it with the following:
SECTION 9.60. REGULATION OF USE OF LAKE WATERS GENERALLY.
Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:
A. "Mooring" - Any buoy, post, structure, or other device at which a watercraft may be moored
and which is surrounded by navigable water.
B. "Motorboat" — A watercraft propelled in any manner by machinery, including watercraft
temporarily equipped with detachable motors.
C. "Operate"—To navigate or otherwise use a watercraft.
D. "Personal Watercraft" — A motorboat that: (1) is powered by an inboard motor powering a
water jet pump or by an outboard or propeller-driving motor;and(2) is designed to be operated
by a person or persons sitting,standing,or kneeling on the craft,rather than in the conventional
manner of sitting or standing inside a motorboat.
E. "Riparian" — Land adjacent to Natural Development Waters and Recreational Development
Waters as identified in City Code Section 11.50, Subd. 7.
F. "Slow-No Wake" — Operation of a watercraft at the slowest possible speed necessary to
maintain steerage, but in no case greater than five (5) miles per hour.
G. "Structure"—Any building,footing,foundation,slab,roof,boathouse,deck,wall,dock,bridge,
culvert, or any other object extending over or under, anchored to, floating over or attached to
the bed or bank of a public water. A structure includes water-oriented accessory structures as
defined in Section 11.50 Subd. 4.
H. "Structure,Dock"-Any wharf,pier,or other structure constructed or maintained in the lake or
located above the surface of public water,whether floating or not, including all"L's"or"T's",
or post which may be a part thereof, whether affixed or adjacent to the principle structure.
J. "Structure, Slip" — A structure designed solely to secure a watercraft in the water for the
purpose of protecting it from damage from sun,wind,storm,or rain. The term does not include
boathouses, decks, dock covers,watercraft lifts, or similar structures.
K. "Structure, Temporary" — Any dock, floating structure, watercraft lift, watercraft canopy, or
other structure that can be removed from public waters by skidding intact or by disassembly
with hand tools.
L. "Watercraft" — Any contrivance used or designed for navigation on water, except: (1) a
waterfowl boat used during the waterfowl hunting season; (2) a rice boat during the harvest
season; or (3) a seaplane. A watercraft includes a "personal watercraft" as defined in this
Section.
M. "Watercraft Cover"—A structure or device with a fabric covered roof and without walls or a
floor that is placed on the bed of a public water, that is designed solely to shelter watercraft,
and is designed and constructed so that all components may be removed from the lake or stream
bed on a seasonal basis by skidding intact or by disassembly with hand tools.
N. "Watercraft Lift" —A structure or device without walls that is placed on the bed of a public
water, is designed to lift watercraft above the level of the public water when not in use, and is
designed and constructed so that all components may be removed from the lake or stream bed
on a seasonal basis by skidding intact or by disassembly with hand tools. A watercraft lift may
be designed to include a fabric covered roof.
O. "Water-Related Storage Container"—A container that is used solely for the storage of water-
related boating and sporting equipment.
Subd.2.Nuisances Prohibited. It is unlawful for any person to commit or maintain a public nuisance
in or upon the waters of any lake or other body of water located within the City; and no person shall
let, permit, or enable any other person to use any watercraft, dock, structure, or portion thereof in a
manner that constitutes a public nuisance. It is also unlawful for any person to willfully prevent,hinder,
or oppose or obstruct a public official in the performance of his or her duty in carrying out the
provisions of this Section or in removing or abating a public nuisance. In addition to imposing the
penalties specified in Section 9.99, the City may exercise any remedy available at law or in equity to
abate,enjoin,or otherwise compel the cessation of such public nuisance and shall be entitled to recover
its costs and expenses, including reasonable attorney fees, so incurred.
Subd.3. Nuisances Defined. A public nuisance consists in doing or omitting to perform one or more
of the following:
A. Injure or endanger the safety, health, or comfort of the public;
B. Offend public decency;
C. Unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for use or passage
a lake or other body of water;
D. Cause the depositing or littering of refuse or waste or other deleterious,poisonous or injurious
substance upon water or ice of any lake or other body of water;
E. Cause the depositing of sewage into lake waters;
F. Cause the erection or maintenance of any dock or structure which interferes with, obstructs, or
tends to obstruct or render dangerous for use the waters of any lake; or
G. Cause the erection or maintenance of any sign on or in a lake or other body of water, unless
installed by the City, County or the State for purposes of public safety.
Subd.4.Equipment and Operation. The provisions and requirements of Minnesota Statutes Chapter
86B ("Chapter 86B") and Minnesota Rules Chapter 6110 ("Chapter 6110"), as amended from time to
time, are incorporated herein by reference.
A. No person shall equip or operate a watercraft or personal watercraft within the City unless in
compliance with the requirements of Chapter 86B and Chapter 6110, including but not limited
to requirements relating to lighting equipment, personal flotation devices, sound-producing
devices, youth operators,and the operation of personal watercraft.
B. No person shall anchor or operate a watercraft within one hundred (100) feet of a ski jump or
buoys used as markers for a water ski course during such times as the water ski course or jump
are in use by water skiers.This prohibition shall not apply to the person operating the watercraft
that is pulling the water skiers using the water ski course or jump.
Subd. 5. Towing Person on Water Skis or other Device. No person shall operate a watercraft or
personal watercraft towing one (1) or more persons on water skis, wakeboard, kneeboard, inflatable
craft, aquaplane, surfboard, saucer, or similar device except in compliance with Chapter 86B and
Chapter 6110 and with these additional requirements:
A. No person shall operate a motorboat or personal watercraft when towing a person such that the
motorboat or personal watercraft comes within one hundred fifty (150) feet of any swimmer,
swimming area, diver's warning flag, raft, watercraft, dock structure, slip structure, or other
structure.
B. No person shall tow or be towed into or through a marked channel connecting two (2) bodies
of water.
Subd. 6. Swimming in Channels.No person shall swim in a channel; or jump or dive from a channel
bridge or dam.
Subd. 7. Structures Located in Public Waters.
A. The placement, size, and location of any structures in public waters, including but not limited
to dock structures,watercraft lifts,slip structures,platforms,marinas and temporary structures,
shall be in compliance with the rules and general permit requirements of the Minnesota
Department of Natural Resources (DNR), including but not limited to Minnesota Rules
6115.0210 and 6115.0211 and DNR General Permit 2008-0401, as the same may be amended
from time to time.
B. Structures Not to Obstruct. No structure shall be so located as to obstruct a navigable channel,
or so as to obstruct reasonable access to any other structure authorized under this Section.
C. Prohibited Structures. The following may not be erected in, on, or over public waters: (1)any
structure used for the storage of materials or items other than watercraft; or (2) any structure
above the horizontal plane of a dock except water-related storage containers that are equal to
or less than 3 feet in height and 65 cubic feet in total volume, watercraft lifts and watercraft
covers.
D. Multiple Dock Structures Prohibited. Only one dock structure is allowed per abutting riparian
lot. Riparian lots owned by the City or other public entities are exempt from this prohibition.
Subd. 8. Slow-No Wake Restrictions
A. Notwithstanding any other provision of this Section relating to the speed of watercraft
operation, no person shall operate a watercraft at greater than slow-no wake speed on the
following lakes at any time when the water level exceeds the following elevation:
Lake Water Level at Which Slow-No
Wake Restriction Applies
Bryant Lake(27006700) Ordinary High Water Level of 852.6
Staring Lake(27007800) 100 Year Flood Elevation of 817.0
Such restriction shall become effective upon posting notice of the same at Eden Prairie City
Hall.All public watercraft accesses shall be posted prior to and during the time restrictions are
in place.
B. The Public Works Director shall remove a slow-no wake speed restriction when the water level
has remained below the following elevation for three(3) consecutive days.
Water Level at Which Slow-No
Lake Wake Restriction No Longer
Applies
Bryant Lake 27006700 852.5
Staring Lake 27007800 816.9
C. It shall be the responsibility of the City to provide for adequate notification of the public of a
slow-no wake restriction, which shall include placement of a sign at each public watercraft
access outlining essential elements of the slow-no wake restriction,as well as the placement of
buoys and signs as needed. Notice of said restrictions shall also be posted at the Eden Prairie
City Hall and on the City's website.
D. The restrictions in subdivision 8.A shall not apply to a seaplane during take-off or landing.
F. Notwithstanding any other provision of this subdivision 8, the City Manager or his designee
may adopt a slow-no wake restriction for any lake in the City for a period of not more than 30
days in situations of local emergency,pursuant to Minnesota Rule 6110.3700, subpart 9.
Subd. 9. Lake-Specific Regulations
A. Bryant Lake. No person shall operate a watercraft on Bryant Lake in excess of fifteen (15)
miles per hour from noon until 6:00 p.m. on Sundays from Memorial Day weekend through
Labor Day.
No person shall tow one (1) or more persons behind a water craft on water skis, aquaplane,
surfboard, saucer, inner tube or similar device on Bryant Lake unless two (2) competent
persons are on the watercraft. The driver of such watercraft must watch where the watercraft
is being driven at all times. The second person on board the watercraft shall be an observer
and shall watch the person or persons being towed at all times.
B. Duck Lake. It is unlawful to operate any watercraft, vessel,boat or other motorized vehicle on
Duck Lake except for motorboats with an electric motor that travel no more than three(3)miles
per hour(mph).
C. Mitchell Lake.It is unlawful to operate any watercraft,vessel,or boat on Mitchell Lake with a
motor except one (1)motor of ten (10) or less horsepower.
D. Red Rock Lake.It is unlawful to operate any watercraft,vessel,or boat on Red Rock Lake with
a motor except one (1) motor of ten (10) or less horsepower.
E. Riley Lake. A slow, no-wake zone extending one hundred fifty (150) feet from Riley Lake
Park and eight hundred (800) feet in length shall be designated and marked with necessary
buoys and signs. Watercraft shall operate in the slow, no-wake zone at the slowest possible
speed necessary to maintain steerage and in no case greater than five (5) miles per hour.
A water skier pick-up and drop-off area seven hundred(700) feet in length shall be designated
on City land and adjacent water south of the swim area and marked with necessary buoys and
signs. No person shall operate a watercraft to pick up or drop off a person being towed by the
watercraft except in the designated pick-up and drop-off area.
A sign shall be constructed at each public waterfront facility on Riley Lake clearly designating
the slow, no-wake zone and water skier pick-up and drop-off zone. Each zone will be marked
with necessary buoys and signs.
F. Round Lake. It is unlawful to launch or operate a motorboat on Round Lake except for (1)
boats powered by electric motors and (2) excursion boats owned and operated by the City of
Eden Prairie.
G. Smetana Lake. It is unlawful to launch or operate a motorboat on Smetana Lake except for(1)
boats powered by electric motors and (2) excursion boats owned and operated by the City of
Eden Prairie.
Subd. 10. Exemptions.
A. All resource management personnel who have been authorized by the City or by the DNR,
emergency personnel, and enforcement personnel, while acting in the performance of their
assigned duties,are exempt from the restrictions set forth in this Section.
B. Surface Water Use Exemption Permits.
1. A temporary exemption from the surface water use restrictions set forth in this Section
may be permitted by obtaining a surface water use exemption permit from the City.To
qualify for a surface water use exemption permit,an application must be filed with the
Director of Public Works("Director"). The permit application shall be made on a form
supplied by the City and shall include: the name and address of the applicant, the
activity for which the exemption is requested, the reason the exemption is necessary,
the organization or persons being exempted, the location, date, and time of the
requested exemption, and any other information which the Director shall find
reasonably necessary for determination as to whether a surface water use exemption
permit should be issued. The Director may issue a permit when he or she determines
that:
a. No other event or activity is scheduled for the particular body of water and for
the duration for which the proposed activity is requested.
b. The proposed activity will not interfere with or detract from the safety of other
users of the body of water for which the exemption is requested.
C. The proposed activity will not entail unusual, extraordinary, or burdensome
expense for law enforcement protection.
d. The applicant has paid such fees as shall be prescribed by the Council from
time to time by resolution.
e. The proposed activity will not be contrary to state law or DNR rules governing
surface water use.
2. The Director may impose reasonable conditions on any permit to ensure that the
activity meets the above criteria. Any person aggrieved by the denial of an application
for a surface water use permit may appeal in writing to the City Manager.
3. No surface water use permit from the City shall be required for any event which
requires a permit from the county sheriff pursuant to Minn. Stat. §86B.121, including
any scheduled or public race or regatta,tournament or other competition or exhibition,
or trial race on water or ice, whether or not involving watercraft.
Subd. 11. Enforcement. The enforcement of this Section shall be the primary responsibility of the
Hennepin County Sheriff's Office. Other licensed peace officers, including conservation officers of
the Minnesota Department of Natural Resources, are also authorized to enforce the provisions of this
Section.
Subd. 12. Penalties. Any person who violates any provisions of this Section shall be guilty of a
misdemeanor as provided in Section 9.99.
Section 2. City Code Chapter 9, Sections 9.61, 9.62, 9.63, 9.64, 9.65, 9.66, 9.67, and 9.68 are hereby
deleted in their entirety.
Section 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or
Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 4. This ordinance shall be in effect from and after the date of its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 151'
day of May,2018,and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 21"day of June, 2018.
Kath en Porta, City Clerk cy T a-L , Mayor
Published in the Eden Prairie News on the 21st day of June, 2018.
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 12-2018
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 11 BY AMENDING SECTION 9.60 RELATING TO REGULATION
OF USE OF LAKE WATERS GENERALLY; AND ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
The following is only a summary of Ordinance No. 12-2018. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance amends City Code Section 9.60 which establishes regulations for use
of surface waters. The proposed revision includes addition of Slow-No Wake restrictions for
Bryant and Staring Lakes; provisions for the City Manager to adopt a 30-day slow-no wake
restriction for any lake; allowance of small electric motors on Duck Lake; and general updates to
bring the section up to date with current state requirements. This Ordinance incorporates, by
reference, City Code Chapter 1 and City Code Section 11.99, which contain provisions relating to
penalties.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
V
K leen Porta, City Clerk lNenOT'yr9tu ayor
PUBLISHED in the Eden Prairie News on June 21, 2018.
Affidavit of Publication
Southwest Newspapers
CITY OF EDEN PRAIRIE State of Minnesota )
HENNEPIN COUNTY,
MINNESOTA )SS.
SUMMARY OF ORDINANCE
NO.12-2018 County of Hennepin )
AN ORDINANCE OF THE
CITY OF EDEN PRAIRIE,
MINNESOTA, AMENDING
CITY CODE CHAPTER 11 BY Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
AMENDING SECTION ION publisher of the newspapers known as the Eden Prairie News and Lakeshore WeeklyNews and
RELATING TO REGULATION as full knowledge of the facts herein stated as follows:
OF USE OF LAKE WATERS g
GENERALLY;AND ADOPTING
BY REFERENCE CITY CODE (A) This newspaper has complied with the requirements constituting qualification as a legal
CHAPTER 1 AND SECTION newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
11.99 WHICH, AMONG OTHER amended.
THINGS, CONTAIN PENALTY
PROVISIONS (B)The printed public notice that is attached to this Affidavit and identified as No. ?361
THE CITY COUNCIL OF was published on the date or dates and in the newspaper stated in the attached Notice and said
THE CITY OF EDEN PRAIRIE, Notice is hereby incorporated as art of this Affidavit.Said notice was cut from the columns of
MINNESOTA,ORDAINS: Y rP P
The following is only a the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
summary of Ordinance No. 12- inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
2018. The full text is available for and publication of the Notice:
public inspection by any person
during regular office hours at the abcdefghijklmnopgrstuvwxyz
Office of the City Clerk.
SUMMARY: The Ordinance
amends City Cods Section 9.6
which establishes regulations
y;
for use of surface waters. The
proposed revision includes Laurie A.Hartmann
addition of Slow-No Wake
restrictions for Bryant and
Staring Lakes;provisions for the Subscribed and sworn before me on
City Manager to adopt a 30-day
slow-no wake restriction for any
lake;allowance of small electric
motors on Duck Lake;and general thisda of 2018
updates to bring the section Y
up to date with current state
requirements. This Ordinance 0O�
incorporates,by reference,City - JYMME JEANNETTE BARK
Code Chapter 1 and City Code
Section 11.99, which contain 2/ NOTARY PUBLIC MINNESOTA
provisions relating to penalties.
EFFECTIVE DATE. This
Public MY COMMISSION EXPIRES 01/31/23
Ordinance shall take effect upon
publication. jq
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Porta,City
Clerk
(Published in the Eden Prairie RATE INFORMATION
News on Thursday,June 21,2018;
No.3369) Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12.97 per column inch