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HomeMy Public PortalAbout356CITY OF MEDINA ORDINANCE NO.356 AN ORDINANCE ADDING SECTION _ REGULATING THE SURFACE USE OF LAKE INDEPENDENCE The city council of the city of Medina ordains as follows: Section I: A new section61 is added to the Medina code of ordinances as follows: Section XXX.01. Authority to regulate water surface use. Pursuant to Minnesota Statutes, sections 459.20, 471.59 and 86B.205, Medina has entered into a joint powers agreement with the city of Independence for the purpose of regulating the surface use of the body of water known as Lake Independence. This ordinance shall be effective after adoption and publication of this ordinance and after adoption of a similar ordinance by Independence. This ordinance shall remain in effect until repealed or until the joint powers agreement is terminated. Section XXX.03. Definitions. Subd. 1. The terms used in this ordinance related to boating, including "slow no - wake," shall have the meanings given to them in Minnesota Statutes, section 86B.005. Subd. 2. "Lake Independence" means that body of water located in section 24, township 118, range 24, Hennepin County, Minnesota and designated by the Minnesota department of natural resources as lake #27-176. Section XXX.05. Slow no -wake zone on Lake Independence. Subd. 1. Slow no -wake at high water level. Whenever the waters of Lake Independence reach or exceed 957.8 feet above sea level for a period of three consecutive days or more, as measured by the water level gauge set by the Minnesota department of natural resources on Lake Independence, the city administrator or designee may, at his or her discretion, upon notifying the Hennepin county sheriff, establish a slow no -wake zone on those portions of the lake within Medina. No person shall operate a water craft, including aircraft except during landings and take -offs, in excess of slow no -wake speed within 250 feet of the shoreline when the high water slow no -wake restrictions are in effect. Both the implementation and removal of these restrictions must be done in coordination with action by the city of Independence. Subd. 2. Effective date of no -wake regulation. A slow no -wake restriction shall become effective upon the date specified by the city administrator and shall remain in effect until the water level for the lake has receded below 957.8 feet above sea level for at least three consecutive days. Section XXX.07. Notification. The city administrator shall notify the public of both the implementation and removal of the no -wake restriction by publishing a notice in the city's Ordinance 356 1 official newspaper, posting the restriction at all public lake access points within the city prior to and during the time the restriction is in place, posting the restriction at city hall, and by such other means as the city administrator determines to be reasonable. Section XXX.09. Exemption. Enforcement, resource management and emergency personnel, while in the performance of their official duties, are exempt from the provisions of this ordinance. Section XXX.11. Penalties. Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a maximum fine or a maximum period of imprisonment, or both, as specified by Minnesota Statutes, section 609.03. Section XXX.13. Enforcement. The Hennepin county sheriff's department and special deputies appointed and sworn by the sheriff have primary responsibility for enforcing the provisions of this ordinance, but nothing herein shall preclude other licensed peace officers from enforcing this ordinance. Section II: This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this 19th day of August, 2003. Philip K.VLietlow,IVXayor ATTEST: ge, 4-zee-144,1 Chad M. Adams, Administrator -Clerk -Treasurer Published in the Crow River News this 25th day of August, 2003. Ordinance 356 2