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Lake
Minnetonka Conservation District |
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HOME > RULES & REGULATIONS > CHAPTER 1 |
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CHAPTER I GENERAL PROVISIONS AND UNIFORM PROCEDURES |
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Section 1.01. Statement of Purpose. It is the purpose of this Code of Ordinances to implement the Lake Minnetonka Conservation District's statutory responsibilities, as enumerated in Minnesota Laws 1967, Chapter 907, as amended. Lake Minnetonka is a valuable recreational resource for a large number of persons residing in the Twin Cities metropolitan area, as well as for persons living throughout Minnesota. At the same time, the Lake serves a valuable role in the area's ecology by providing drainage control and a habitat for a wide range of species of wildlife. The District recognizes the inherent conflict between human usage of the Lake and the functions performed by the Lake in its natural state. In addition, the Lake is subject to increasing pressures from the development of adjacent shoreland areas and from increasing recreational uses. In order to balance these competing interests, it is necessary to regulate and control the degree and type of development and the use of the Lake. Accordingly, the District declares the following to be its goals and policies:
Section 1.02. Definitions. Words and phrases used in this Code shall be interpreted and understood in accordance with common and accepted usage, but any technical words and phrases, or such others which have acquired a specific or peculiar meaning, shall be interpreted and understood in accordance with such technical, specific or peculiar meaning. It is the intent of the Board that terms used in this Code, which are also used in the enabling act, have the meanings given and intended for those terms in the enabling act, unless other-wise specified. For the purposes of this Code, the following words and terms shall have the meanings given to them. Subd. 1. "Agency" means the Minnesota Pollution Control Agency. Subd. 2. "Aircraft" means any contrivance now known or hereafter invented, used or designed for navigation or flight in the air; the term includes aircraft equipped with floats or skis. Subd. 3. "Authorized dock use area" means that area in the Lake which may be used for docks, moorings, boat storage, swim-ming floats, ski jump storage, or diving towers, or which may be enclosed on three sides for any of these purposes. Subd. 4. "Board of Directors" or "Board" means the Board of Directors of the Lake Minnetonka Conservation District. Subd. 5. "Boat house" means a permanent year-round boat shelter. Subd. 6. "Boat Storage Units" means a space or facility available for mooring, docking or storing a watercraft to be used on the Lake. Boat Storage Units does not include such a space or facility located on land unless it is used in conjunction with a commercial dock. Subd. 6a. "Bridge" means a structure, used for pedestrian or vehicular passage, on or over the water of the Lake connecting two points of land that are not on continuous shoreline of the same Site. Subd. 7. "Code" and "Code of Ordinances" means the ordin-ances of the district as organized and compiled herein. Subd. 8. "Commercial dock" means a dock or dock structure used in conjunction with a commercial or other revenue producing business enterprise including a private club, or a dock or dock structure on land owned by a municipality or political subdivi-sion and operated, controlled or licensed by the municipality or political subdivision, but not including apartments or any such businesses involving the leasing of real property for residential use. Subd. 9. "Commissioner" means the Commissioner of the Minnesota Department of Natural Resources or the commissioner's duly authorized representatives. Subd. 10. "County" means Hennepin County. Subd. 11. "Daytime" means from a half hour before sunrise to a half hour after sunset, except at any time when due to weather or other conditions there is not sufficient light to render clearly discernible persons and watercraft at a distance of 500 feet. "Nighttime" means at any other hour or at any time when due to weather or other conditions there is not sufficient light to render clearly discernible persons and watercraft at a distance of 500 feet. Subd. 12. "Deck" means a structure other than a dock, or element thereof, measuring more than eight feet in length or width, located above the surface of the Lake and designed for use as a platform, floor, cover, or any combination thereof. Subd. 13. "De-icing equipment" means a machine, mechanism, device, substance or a lawfully installed and operated outlet or drain which is used for, or which has the effect of, preventing or restricting the normal formation of ice or hastening the normal melting of ice. Subd. 14. "District" or "LMCD" means the Lake Minnetonka Conservation District. Subd. 15. "Dock" means any wharf, pier, or other structure or combination of wharves, piers, or other structure constructed or maintained in or over the Lake, whether floating or not, including all "ls", "Ts" or posts which may be a part thereof, whether affixed or adjacent to the principal structure. Subd. 16. "Enabling act" means Laws 1967, Chapter 907, as amended. Subd. 17. "Executive Director" means the Executive Director of the district appointed pursuant to the enabling act. Subd. 18. "Garbage" means any organic refuse of any kind resulting from the preparation and serving of food; old, decayed or spoiled food; dead animal litter; or any other organic refuse of any source. Subd. 19. "Governing Body" means, in the case of the LMCD, its board of directors and, in the case of other governmental subdivisions, the council, board, and other body charged with general responsibility for management and control of the govern-mental subdivision. Subd. 20. "Horsepower" means the power rating established for a motor by the manufacturers thereof or, if no rating is so established, then the rating established by the commissioner. Subd. 21. "Industrial Waste" means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing, trade or business or from the development of any natural resource. Subd. 22. "Lake" means Lake Minnetonka and all the parts, bays, and channels thereof. Subd. 23. "Launching ramp" means any ramp, deck, roadway, crane, tracks, slides, or any other or similar device or location used for launching boats or watercraft from the shore into Lake Minnetonka other than those located at residential sites and used solely for launching boats or watercraft owned by residents of that site or to be stored or moored at that site. Subd. 24. "Living quarter" means a facility or place where people dwell permanently, seasonally, for more than 10 successive days, or for a total of more than 30 days in any calendar year. Subd. 25. "Minimum wake" means the wave moving out from a watercraft and trailing behind it in a widening "V" of insuffi-cient size to affect other watercraft or be detrimental to the shoreline. Subd. 26. "Mooring" means any buoy, post, structure or other device at which a watercraft may be moored and which is surrounded by navigable water. Subd. 27. "Motorboat" means any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors. Subd. 28. "Multiple dock or mooring area" means any dock or mooring area constructed or maintained for the storage of five or more restricted watercraft, other than commercial docks. Subd. 29. "Municipality" means any municipality named in the enabling act. Subd. 30. "Non-conforming structures" mean docks, mooring areas and other structures, including seasonal structures, which were legal structures immediately prior to the effective date of an ordinance with which the structures do not conform, and which are permitted to continue by the terms of such ordinances subject to limitations or restrictions contained therein. Subd. 31. "Operate" means, in the case of watercraft, to navigate or otherwise use a watercraft; in the case of snow-mobiles, to ride in or on and control the operation of a snow-mobile; and in the case of other craft and vehicles, to drive and be in effective control of such craft or vehicle. Subd. 32. "Operator" means a person who operates or has charge of the navigation or use of a watercraft of any other craft or vehicle. Subd. 33. "Owner" in the case of personal property means a person, other than a lien holder, having the property interest in or title to such property; the term includes a person entitled to the use or possession of such property, subject to an interest in another person, reserved or created by agreement and securing payment or performance of any obligation, but the term excludes a lessee under a lease not intended as security. In the case of real property, the term "owner" means the fee owner of land or the beneficial owner of land whose interest is primarily one of possession and enjoyment in contemplation of ultimate ownership; the term includes, but is not limited to, vendees under a con-tract for deed and mortgagors. Subd. 34. "Other waste" means any refuse, organic or inorganic, wood, oil, tar or chemicals, and any other substance or material of any kind whatsoever which is or may be an aquatic nutrient source. Subd. 35. "Permanent dock" means any dock which is not a Seasonal Dock. Subd. 36. "Person" means an individual, firm, partnership, association or corporation; the term may extend and be applied to bodies corporate and politic, and to partnerships and other unincorporated associations. Subd. 37. "Personal watercraft" means a watercraft less than 14 feet in length which uses a motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on, rather than the conventional manner of sitting or standing inside, the watercraft. Subd. 38 "Pollution" means the contamination of the waters of the district so as to create a nuisance or render such waters unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, commercial, industrial or recrea-tional use or to livestock, wild animals, birds, fish, or other aquatic life. Subd. 39. "Club" has the meaning given by Minnesota Statutes, Section 340A.101, Subd. 7: the term does not include a homeowner's association, an outlot association, or other similar organization whose membership is restricted to, or comprised in major part of, owners of specific property not abutting the Lake who have an interest in or right to use an outlot or similar tract or parcel of land located on the Lake. Subd. 40. "Prohibited drug" means any of those substances designated as controlled substances pursuant to Minnesota Statutes, Chapter 152, whether prescribed or unprescribed. Subd. 41. "Restricted Watercraft" means any boat or vessel for use on or stored on the public waters on the Lake except for unrestricted watercraft as defined in this section. Subd. 42. "Roof" means a permanent dock cover. Subd. 43. "Rubbish" means any trash, refuse or waste material of any kind and old automobiles or machinery or parts thereof. Subd. 44. "Schedule A" means a sound level emission range as prescribed in S.A.E. Standards - S.A.E. J986a for mufflers. Subd. 45. "Season" or "boating season" means the period between April 15 and October 15 of any year. Subd. 46. "Seasonal dock" means any dock which is so designed and constructed that it may be removed from the Lake on a seasonal basis. All components such as supports, decking and footings must be capable of removal by manual means without use of power equipment, machines or tools other than hand held power tools. Subd. 47. "Sewage" means the water-carried waste products from residences, public buildings, institutions or other build-ings, including the excrementitious or other discharge from the bodies of human beings or animals, together with such ground water infiltration and surface water as may be present. Subd. 48. "Sheriff" means the Sheriff of Hennepin County or the sheriff's authorized agents. Subd. 49. "Shoreline" means the line of contact of the body of water in the Lake with the shore. Subd. 50. "Shorezone" means that area of the ice of the Lake within 150 feet of the shoreline. Subd. 51. "Site" means any shoreline lot, parcel or other piece of property legally subdivided and recorded in the office of the County Recorder. Subd. 52. "Slip structure" means a structure designed solely to secure a watercraft for the purpose of protecting it from damage from sun, wind, storm, or rain; the term does not include boat houses, decks, roofs or similar structures. Subd. 53. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice or on natural terrain steered by wheels, skis or runners. Subd. 54. "Special event" means any act or activity on the Lake which will involve:
Subd. 55. "State" means the State of Minnesota. Subd. 55a. "Stored Boat" means any watercraft stored, kept or maintained on, under or suspended from another watercraft. Subd. 55b. "Storage Boat" means any watercraft which is used to store, carry or house a Stored Boat unless:
Subd. 55.c. "Unrestricted Watercraft" means any boat or vessel for use on or stored on the public waters of the lake which is:
Subd. 56. "Underway or in use" applies to any watercraft in operation or use when not securely fastened to a dock or other permanent mooring. Subd. 57. "Vehicle" or "motorized vehicle" means any vehicle that is self-propelled; the term includes, but is not limited to, motor vehicles, snowmobiles and aircraft, and all terrain vehicles defined in Minnesota Statutes, Section 84.92, Subd. 8. Subd. 58. "Visible lights" means lights visible on a dark night with clear atmosphere. Subd. 59. "Watercraft" means any vessel, boat, canoe, raft, barge, sailboard, or any similar device used or useable for carrying and transporting persons on the Lake. Subd. 60. "Watercraft density classification criteria" means the standards and guidelines adopted by the LMCD establishing classifications for degrees of boat storage and use in various parts of the Lake. Subd. 61. "Watercraft License" means the authorized document used to designate the numbers assigned a watercraft. Subd. 62. "Waters of the district" means Lake Minnetonka, all other lakes, all streams, ponds, marshes, watercourses, waterways, well, springs, reservoirs, aquifers, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained in or flow into the Lake Minnetonka Conservation District or any part thereof. Section 1.03. Enactment of this Code of Ordinances. Subd. 1. Enactment. This code of ordinances is in effect from and after its passage and publication in accordance with the enabling act of the district. It is enacted by a majority vote of all the members of the Board, and has the effect of an ordin-ance. Subd. 2. Citation. This Code may be cited and referred to as the "Lake Minnetonka Conservation District Code of Ordinances" or the "LMCD Code." Subd. 3. Statutory Reference. References to Minnesota Statutes are to Minnesota Statutes 2000, unless otherwise provided in this Code. References to Rules and Regulations of State agencies, codes, and ordinances of other municipalities are to those documents in effect on the effective date of this Code unless otherwise provided. Subd. 4. Statutory Rules. It is the intent of the Board that the rules and canons of construction, presumption, and miscellaneous provisions pertaining to construction contained in Minnesota Statutes, Chapter 645, apply to this Code and govern the interpretation thereof to the extent authorized by law, and that all questions of meaning, construction and interpretation be resolved in the context of Chapter 645. Subd. 5. Relation to Other Laws. It is the intent of the Board that this Code of Ordinances, together with relevant state statutes and rules and regulations, comprise a comprehensive system of regulation of the use of the Lake and that such system of regulation is an element of the district's comprehensive program for conservation of the Lake. Where this Code imposes a more stringent regulation than state law or rule or regulation, it is the intent of the Board that the provisions of this Code prevail over the statute or rule or regulation to the extent permitted by law. Subd. 6. Effect of Adoption. This Code of Ordinances is enacted as part of the district's program to codify its ordin-ances and is intended to consist of that Code. No right, privi-lege, liability, license, permit or variance or any action taken by the Board pursuant to ordinances herein repealed is intended to be altered, diminished or otherwise modified by the enactment of this ordinance. The provisions of this ordinance are essenti-ally but not actually continuations of the ordinances herein repealed, and any act done, offense committed or right accruing or accrued, or liability, penalty, or punishment incurred or assessed prior to the effective date of this ordinance, is not affected by its enactment. Subd. 7. Reliance on Headnotes. Chapter, section, subdivision, paragraph headings, titles and cross reference materials are not substantive parts of the Code, but merely matters to expedite and simplify the use of the Code. Subd. 8. Severability. If any provisions in this Code or in any code, statute or ordinance adopted by reference in this Code are found to be unconstitutional or invalid for any reason, the remaining provisions of this Code shall remain valid, unless the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that it cannot be reasonably presumed that the Board of Directors would have enacted the remaining provisions without the invalid one, or unless it appears that the remaining provisions are incomplete and are incapable of being executed in accordance with the intention of the Board. Section 1.04. Amendment of This Code of Ordinances. Subd. 1. Enacting Clause. The enacting clause of an ordinance is: "The Board of Directors of the Lake Minnetonka Conservation District ordains:". Subd. 2. Form of Amendments. Amendments to the Code shall specify the section and subdivision to be amended. Language to be added shall be underlined; language to be repealed shall be stricken or enclosed by brackets; except that an ordinance repealing an entire section or subdivision need only refer to that section or subdivision and an ordinance adding only new provisions to the Code need not be underlined. Subd. 3. Ordinance Declaration. Each ordinance shall contain the following statement at its close: "This enactment is in effect from and after its passage and publication in accord-ance with the enabling act of the district. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance." Subd. 4. Integration of Ordinances in Code. The Executive Director, in cooperation with the district's legal counsel, is directed to integrate new ordinances and amendments into the Code in the most expeditious manner possible. When an ordinance is integrated into the Code the following matters may be omitted from the ordinance:
Subd. 5. Effective Date. District ordinances are effective upon passage and publication specified in the ordinance. All ordinances are in effect throughout the district until repealed, amended or superseded in accordance with the enabling act. Section 1.05. Conduct of Hearings. Subd. 1. General. Unless another penalty is expressly provided in a district ordinance or in the Code of Ordinances, any person violating any provisions of this Code, or any provi-sion of any code adopted herein by reference, shall, upon convic-tion, be subject to a maximum fine or a maximum period of impri-sonment, or both, as specified by Minnesota Statutes, Section 609.03 for misdemeanors. Subd. 2. Before Board. All hearings required by resolu-tion, this Code, or by law, to be held in connection with the granting of or revocation of a license or permit, the granting or recision of a variance, or any other legislative or administra-tive matter, shall be held before the Board or such members thereof as may be specified by resolution, ordinance or law. Subd. 3. Notice. All hearings before the Board shall be preceded by 10 days mailed notice to all persons entitled thereto by ordinance. Any person entitled to notice of a hearing may waive such notice orally at the hearing or in writing at any time. The notice shall state the time and place and purpose of the hearing. Failure to give the notice, or defects in it, shall not invalidate the proceedings provided a good faith effort to comply with this subdivision has been made. Unless otherwise specified in this Code, mailed notice shall be sent to owners of property within 350 feet of the boundary of the property, which is the subject of the application. Notification shall be given to additional persons if required by either the Board or the Executive Director. Subd. 4. Opportunity to be heard. At the hearing all parties in interest shall have an opportunity to be heard, and to present such matters by evidence and testimony as are relevant to the proceedings. The Board may adopt rules governing the conduct of such hearings, records to be made, and such other matters as it deems necessary. Subd. 5. Record. Upon the disposition of any matter after hearing, the Board shall prepare a written summary of its findings and decision and enter the summary in the official minutes of the Board. Section 1.06. Granting Licenses and Permits. Subd. 1. General Rule. Except as otherwise provided in this Code, all licenses granted by the district shall be governed by the provisions of this section. Subd. 2. Requirement. It is unlawful for any person to conduct any activity for which a license is required by law or this Code without a currently valid license for such activity. Subd. 3. Application and Issuance. Applications for licenses are made to the Executive Director on forms provided by him which are completed and signed by the applicant. If, after investigation, the Executive Director is satisfied that all requirements of the ordinances and Code have been met and, if the application is accompanied by the required fee, if any, the Executive Director shall present the application to the Board or committee thereof for action. Subd. 4. Processing by Committee. The Board may provide for the consideration of applications for licenses by a committee of at least three members who shall report its findings and recommendations to the full Board for final action. Subd. 5. Fees. License or permit fees shall not be prorated, nor shall they be refunded after receipt by the District, except as may explicitly be authorized by this Code. If a change in status during the term of the license requires an increase in fee, the licensee shall make prompt payment of the increased amount. Subd. 6. Duration. All licenses shall be for a term of one calendar year. Subd. 7. Transferability. Licenses issued by the Board are not transferable. Subd. 8. No Vested Rights. No person holding a license or permit pursuant to the ordinances of the district shall gain thereby a vested right in the license or permit, and nothing in this Code is intended to confer upon any person for the benefit of any property any vested right to use the Lake in any manner permitted by this Code. The use of the Lake shall remain subject to regulation as the public interest requires. Subd. 9. Violations. The violation of a provision of the Code under which the license is issued or of a condition of the license is grounds for revocation of the license, suspension of the license for such period as may be determined by the Board, or the imposition of such additional conditions or requirements as may be determined by the Board to be necessary to ensure compli-ance with this Code and the protection and preservation of the Lake and the public health, safety and welfare, upon at least 10 days mailed notice to the license holder and hearing upon such revocation or suspension before the Board. Subd. 10. Permits. All the provisions of this section relating to licenses apply to permits except that this Code may provide that some permits be issued by the Executive Director and permits have such terms as are reasonably necessary, but in no event longer than one season. Subd. 11. Compliance With Other Laws. The issuance of a license or permit by the district does not relieve any person from the responsibility of obtaining required licenses, permits, or other permission from any federal, state, municipal, county or other governmental agency having jurisdiction over the Lake. Subd. 12. License Renewal and Conditions. Upon renewal by the Board of previously granted licenses the Board may impose additional or amended conditions on the license. In cases in which renewal occurs without a hearing, the license holder shall have the right to a hearing on such additional or amended condi-tions upon written demand therefor delivered to the Executive Director. Upon receipt of a demand for such a hearing, the Executive Director shall schedule a hearing upon the same notice as is provided for consideration of a new license of the type being renewed. Demand for a hearing must be made within 30 days of the receipt by the license holder of the first notice inform-ing the license holder that amended or additional conditions have been imposed and describing the right to a hearing thereon provided for in this Subdivision. Subd. 13. Expiration of Applications. Commencing April 1, 2007, all applications to the District for any permit, license, or variance required by this Code that have not been granted or denied by the District by the one-year anniversary date of the date of the application shall automatically expire. Thereafter, the application shall be void and of no further force or effect and shall be deemed denied for all purposes. Notice of such expiration and denial shall be given to the applicant in writing by the Executive Director, citing this section as the reason therefore. Application fees shall not be refunded. Such expiration date may be extended in the discretion of the Board for good cause shown upon written application submitted by the applicant at least forty-five (45) days prior to the one-year anniversary date of the date of the application. Expiration of an application pursuant to this section shall not affect the right of the applicant to submit a new application with any fees required, under Code provisions in effect at the time of reapplication. Subd. 1. General Statement. Where practical difficulties or particular hardships occur or where necessary to provide access to the handicapped, the Board may permit a variance from the requirements of this Code or may require a variance from what is otherwise permitted by this Code, provided that such variance with whatever conditions are deemed necessary by the Board, does not adversely affect the purposes of this ordinance, the public health, safety, and welfare, and reasonable access to or use of the Lake by the public or riparian owners. Except as otherwise provided in this Code, all variances granted by the district shall be governed by the provisions of this section. Subd. 2. Unusual Configurations. Where the provisions of this Code would cause the authorized dock use area of two or more sites to overlap, or where there is any other unusual configura-tion of shoreline or extended lot lines, which causes a conflict between the owners of two or more adjacent or nearby sites as the use of the same area of the Lake for docks, mooring areas or other structures or for reasonable access thereto, the owner of any of the affected sites may apply to the Board for a variance. A variance may be to permit the applicant to locate a dock, mooring area or other structure in a location different from that permitted by this ordinance or to permit or require the owner of any adjacent or nearby site to do so. Subd. 3. Length Variances. The length limitations pres-cribed by this ordinance may be adjusted to allow the construc-tion and maintenance of a dock in the Lake to a water depth of four feet, measured from 929.4 feet NGVD, at the outer end of such dock to provide adequate water depth for navigation and to protect the environmental quality or natural habitat of the water adjacent to the dock. Subd. 4. Application. Applications for variances shall be filed with the Executive Director of the district. The applica-tion shall contain (a) the name and address of the applicant; (b) the description and location of the property for which the variance is sought; (c) the variance for which the application is made; (d) the names and addresses of the owners of abutting sites; (e) the names and addresses of the owners of other affected sites; (f) a map or plat of the site for which the variance is sought, and of abutting or other affected sites, showing any existing docks, moorings or other structures; (g) the consent of the applicant permitting officers and agents of the district to enter upon the applicant's premises at reasonable times to investigate the application and to determine compliance with any variance which may be granted; and (h) such other information, such as surveys and photographs, as the Executive Director may require to assist the Board in consideration of the application. Subd. 5. Fee. The variance application shall be accom-panied by a fee in the amount established by resolution of the Board of Directors plus an additional deposit in an amount established by resolution of the Board to cover legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District. The Board shall approve all expenses charged against the deposit and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, survey-ing, engineering, inspection, mainte-nance or other expenses incurred by the District in excess of the amount of the deposit. Fees shall not be refunded at any time after the processing of the application has been commenced. Subd. 6. Hearings. Upon receipt of a completed variance application, the Executive Director shall schedule a hearing by the Board on the application in accordance with Section 1.05. The Board may grant a variance from the literal provisions of this Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property or properties under consideration or to provide access to the handicapped and shall grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Code. The Board may impose conditions in the granting of variances to ensure compliance and to protect other riparian owners and users of the Lake. No variance for access for the handicapped shall be granted which allows or provides for the storage of a greater number of watercraft than otherwise would be permitted under this Code. Subd. 7. Orders to Other Owners. The Board shall not require the owner of any site who is not the applicant to take any action at variance with what is otherwise permitted by this chapter without first giving the owner a reasonable opportunity to be heard thereon as provided by subdivision 6. If the Board orders such owner to take the action proposed, or any part thereof, a reasonable length of time within which to take such action shall be afforded. Any such order shall be in writing, shall be served upon the owner in the manner that civil process is served, and shall specify the length of time within which the owner shall take the required action, which time shall be no less than 30 days. Subd. 8. Violations. Locating, constructing, installing or maintaining a dock, mooring or other structure in a manner different from the terms and conditions of a variance which is ordered or permitted is a violation of this Code and grounds for recision of the variance. Subd. 9 Temporary Low Water Variances. During periods when the Lake level falls below elevation 928.0 feet NGVD, the Board may issue temporary low water variances for multiple docks and moorings in locations or configurations not otherwise allowed by this Code. Such variances shall be subject to the provisions of this section; provided, however, that the Board may waive application requirements of Subd. 4 and may waive the public hearing requirement of Subd. 6. No such variance shall be granted which provides storage for more watercraft or larger watercraft than would be allowed without a variance. Temporary low water variances may be issued for a specified term or for such time as low water conditions continue as determined by the Board. Removal or relocation for the winter season may be required. Subd. 1. Misdemeanors. Unless another penalty is expressly provided in a district ordinance or in the Code of Ordinances, any person violating any provisions of this Code, or any provi-sion of any code adopted herein by reference, or the conditions of any license, permit or variance imposed by the Board, shall, upon conviction, be subject to a maximum fine or a maximum period of imprisonment, or both, as specified by Minnesota Statutes, Section 609.03, for misdemeanors. Subd. 2. Separate Violations. Unless otherwise provided, each act of violation and every day upon which a violation occurs or continues constitutes a separate offense. Subd. 3. Applicability. The penalty provided by this section or any section of the Code applies to the amendment of any section of the Code or any code adopted herein by reference to which the penalty relates, whether or not such penalty is re-enacted in the amendatory provisions, unless otherwise provided in the amendment. Subd. 4. Reference to Sections. Reference to any section of the Code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided. Subd. 5. Failure of Officers to Perform Duties. The failure of any officer or employee of the district to perform any official duty imposed by an ordinance or this Code shall not subject such officer or employee to the penalty imposed for a violation unless a penalty is specially provided for such conduct or omission. Enforcement. Special deputies duly appointed and sworn by the Hennepin County Sheriff are hereby authorized to enforce the provisions of this Code by the issuance of citations and such other means as permitted by state law. |
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