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HOME > RULES & REGULATIONS > CHAPTER 3 |
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CHAPTER III REGULATION OF WATERCRAFT
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Section 3.01. General Provisions. Subd. 1. Licenses. No person shall operate on the Lake, or give permission for the operation on the Lake, of any watercraft for which a license is required by Minnesota Statutes, Section 86B.401, unless the required license for such watercraft has been issued, is in effect, and has been affixed as required by law and regulation of the commissioner. Subd. 2. Careless or Reckless Operation. No person shall operate a watercraft in a careless, reckless or grossly negligent manner so as to endanger the person or property of another, or at a rate of speed greater than will permit the operator, in the exercise of reasonable care, to bring the watercraft to a stop within the assured clear distance ahead. Subd. 3. Obstruction to Navigation. No person shall operate any watercraft in a manner which obstructs or tends to obstruct the normal and ordinary navigation of the waters of the Lake. Subd. 4. Mooring. No person shall moor, attach or hold in any manner a watercraft to any buoy, other than a mooring buoy, or any other marking device or guide placed in the waters of the Lake pursuant to lawful authority. Subd 5. Swimming or Bathing Areas. No person shall operate a watercraft within a water area which has been marked off or set aside as a swimming or bathing area as prescribed by the regulations of the commissioner. Subd. 6. Bruhn Bay: Prohibition. No person shall operate a motor-operated watercraft on Bruhn Channel at the northwest corner of Halstead Bay. Subd. 7. Tampering. No person shall board, use, damage or tamper with a watercraft, except the owner or a person having a owner's consent, except as provided in Section 3.05. Subd. 8. (Repealed, Ord. No. 151) Subd. 9. Overloading. No person shall operate a watercraft which is loaded with passengers or cargo beyond its safe carrying capacity, or which is equipped with any motor or other propulsion machinery beyond its safepower capacity. The B.I.A. or O.B.C. rating, if any, shall not be exceeded as to loading or power. Other unrated or experimental watercraft must comply with standard O.B.C. ratings and obtain a Sheriff's Water Patrol permit. Subd. 10. Riding on Gunwales or Decking. No person shall ride or sit on the starboard or port gunwales or the decking over the bow or the transom or any appendage thereto of any motorboat while under way, unless such boat is provided with adequate guards or railing to prevent passengers from falling overboard, and no person shall operate such a motorboat while any person is so riding or sitting. Subd. 11. Living Quarters. No person shall use a watercraft as living quarters while it is in or upon the Lake. Subd. 12. Distance from Diver's Flag. No person shall operate a watercraft within 150 feet of a diver's warning flag. Subd. 13. Improper Display of Insignia. No person shall operate a watercraft having a number, letter, design or insignia displayed on either side thereof which is closer than 24 inches to any part of the watercraft registration number. Subd. 14. Obstructing Channel. No person shall operate, anchor or tie-up, except at a lawful dock, a watercraft in such a manner as to obstruct or interfere with the passage of any other watercraft through any channel or narrow water passageway. No person shall swim in any such channel in the Lake, or jump or dive from any bridge over any such channel. No motorboat shall overtake and pass another motorboat going in the same direction in a channel, closed throttle area, or restricted waterway. Subd. 15. Wash and Wake. No person shall operate a watercraft in such a manner that its wash or wake will endanger, harass or unnecessarily interfere with any other person or property. Subd. 16. Interference with Aircraft. No person shall operate a watercraft in a manner which intentionally obstructs or interferes with the landing, take-off or taxiing of any aircraft. Subd. 17. Noise. No person shall operate any watercraft or boat, other than an aircraft, on the Lake which is capable of exceeding a noise level on the A scale measured at a distance of 50 feet or more from the watercraft or boat of: a) 80 decibels in the case of marine engines or motorboats; or b) 79 decibels in the case of personal watercraft water jet pump engines manufactured after January 1, 1992. Subd. 18. Commercial Sales on the Lake. It is unlawful for any person to sell food, beverages, supplies or other merchandise from any watercraft on the Lake; provided, however, that food and beverages may be sold on watercraft to passengers who leave the shore and return on the watercraft on which such food and beverages are sold. Subd. 19. Reporting Accidents. The operator of any watercraft at the scene or involved in an accident or incident resulting in injury or death to any person or in damage to property shall, if he can do so without serious danger to the watercraft he is operating or the persons aboard, immediately stop at the scene of the accident or incident and render such assistance as may be practicable and necessary and shall give him name, address and license number of the watercraft he is operating and the name and address of the owner thereof to the person injured or the operator or occupants of the other watercraft or owner or occupant of the property involved, and shall promptly report the accident or incident to the sheriff. Subd. 20. Compliance with Code. It is unlawful to fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to enforce this Code or to direct, control or regulate the movement of watercraft, aircraft or other craft or vehicles on the Lake. It is unlawful for the owner, or any other person, employing or otherwise directing the operator of any watercraft, aircraft or other craft or vehicle to require or knowingly to permit the operation of such watercraft, aircraft or other craft or vehicle upon the Lake in a manner contrary to this Code. Subd. 21. Citations. In lieu of an arrest of a person for a violation of this chapter the sheriff may issue a written notice to appear in court. The notice shall contain the name and address of the person suspected of the violation, the nature of the offense charged and the time when and the place where the person is to appear in court. Subd. 22. Size of Watercraft. No person shall maintain, locate, store or operate a boat or watercraft on Lake Minnetonka which is either a) more than seventy (70) feet in length or b) more than twenty (20) feet in width; provided, however, that the foregoing shall not apply to boats or watercraft which are used exclusively for dredging, construction, Lake maintenance or similar activities, and which do not carry passengers for hire. Subd. 23. Public Nuisances on Watercraft. It shall be unlawful for any person to commit or engage in any conduct which constitutes a public nuisance on the Lake or to allow or permit any person to commit or engage in any conduct which constitutes a public nuisance on any watercraft owned or operated by said person while the watercraft is on the Lake. a) Public Nuisances Defined. For the purposes of this section, public nuisances shall include the following: 1) fighting or brawling; 2) using offensive, obscene or abusive language; 3) engaging in loud, noisy or boisterous conduct; 4) engaging in lewd or lascivious conduct offensive to public decency or indecent exposure; 5) using lights in a manner which annoys, frightens or endangers others; 6) violating curfew; and 7) engaging in any other conduct which unreasonably disturbs the peace, quiet or repose of others. b) Loud Noise Defined. For the purpose of this section, loud, noisy or boisterous conduct shall, at a minimum, include any noise or sound, however produced, which exceeds the levels established by the Minnesota pollution control agency when measured from any property abutting the Lake. In addition, any noise or sound which unreasonably annoys others shall constitute a violation of this section. c) Curfew. Except when accompanied by a parent or guardian, no minor under the age of 15 shall be on any watercraft on the Lake between the hours of 10:00 p.m. and 6:00 a.m. the following day and no minor between the ages of 15 and 17 shall be on any watercraft on the Lake between the hours of 12:00 midnight and 6:00 a.m. the following day. Subd. 24. Large Commercial Vessels. Small watercraft shall not insist on the right-of-way, nor unnecessarily impede the passage of large commercial vessels, which are restricted in their ability to maneuver by size, draft or speed. For the purpose of this subdivision, large commercial vessels shall be defined as boats that are longer than 65 feet carrying passengers for hire and commercial barges.
Section 3.02. Watercraft Speed. Subd. 1. Maximum Speeds. No person shall operate a watercraft on the Lake at a speed greater than is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, watercraft or structure in or upon the Lake which is in compliance with legal requirements and the duty of all persons to use due care. No watercraft may be operated on the Lake at a speed in excess of the following limits: a) 40 miles per hour during the daytime; b) 20 miles per hour during the nighttime;
c) 5 miles per hour in the following areas: i) a quiet waters area established by this section. ii) that area within 150 feet of the shoreline.
(iii) that area within 150 feet of an authorized bathing area or swimmer, an authorized scuba diver's warning flag, an anchored raft or watercraft, or a dock or pier except that from which a watercraft with a person in tow is being operated. iv) an area of restricted speed posted in accordance with Subd. 4. The sheriff or executive director may provide for the erection of signs at appropriate locations in the Lake to inform operators of watercraft of the speed limitations established by this subdivision. Subd. 2. Prima Facie Rule. Operation of watercraft in excess of the speeds set forth in Subdivision 1 is prima facie evidence that the watercraft is being operated in violation of Section 3.01, Subd. 2 of this Code. Subd. 3. Exceptions. The provisions of Subdivision 1 do not apply to the sheriff, his deputies, or other law enforcement officers, while engaged in the performance of their duties, or to seaplanes during landing or takeoff. Subd. 4. Quiet Waters Areas. No person shall operate a motor operated watercraft, including waterborne aircraft, on those areas of the Lake hereinafter specified at a speed in excess of 5 miles per hour, or at a speed which results in more than a minimum wake in any area of the Lake designated as quiet waters areas. Quiet Waters restrictions shall apply to areas, channels, bays and shorelines as delineated by markers, buoys, or other aids to navigation placed by the County or the District. Subd. 5. Bay St. Louis, Carson Bay, Emerald Lake, Seton Lake, Libbs Lake, and the causeway area of Wayzata Bay are designated Quiet Waters Area. Subd. 6. The following channels are designated Quiet Waters Areas: Arcola (Smith's Bay to Crystal Bay), Black Lake-Spring Park Bay, Noerenberg, Hendrickson, Coffee, Emerald Lake-Cook's Bay, Seton, Narrows, Tanager Lake, Boy Scout, Stubb's Bay-Maxwell Bay, Gray's Bay-Wayzata Bay, Forest Lake, Zimmerman's Pass, St. Alban's, Priest's Bay, Big Island, Seton Lake-Emerald Lake, Black Lake-Seton Lake, Lost Lake Channel from Cook's Bay, the Libbs' Lake Channel from Gray's Bay, the two channels leading to docking areas in Tonka Bay from Gideon's Bay, Wayzata Municipal Channel, the channel between Big Island and West Point, Narrow Point of North Arm (Windjammer Point), the south shore of Maxwell Bay from the Noerenberg Bridge to the Boy Scout Bridge and Noerenberg Inlet. Subd. 7. Special Rule for Gray's Bay: The quiet waters restriction applies in Gray's Bay during the period from 4:00 o'clock p.m. on Friday until 12:00 o'clock midnight on Sunday, and during the entire day on any holiday as defined by Minnesota Statutes § 645.44, Subdivision 5. Subd. 8. That part of Black Lake lying north of a line described as follows: Commencing at the southwest corner of the channel between Spring Park and Black Lake and running westerly to a point three hundred feet due south of the southernmost point of North Point on Black Lake, and continuing westerly to the south side of the channel between Seton Lake and Black Lake is designated as Quiet Waters Area. Subd. 9. That part of Excelsior Bay lying south of a line running from the west shore from a small point just south of the bandstand and north of the city mooring area to a point at the north property line of Cochranes' Boatyard on the east shore of Excelsior Bay is designated as Quiet Water Area. Subd. 10. That part of the north Seton Channel area south of a line between Slow Buoys #1 and #2 is designated as Quiet Waters Area. Subd. 11. That part of St. Albans Bay west of a line running south of Solberg's Point is designated as Quite Waters Area. (Rev. 10/97) Subd. 12. That part of Coffee Cove lying between the Coffee Cove Channel and a line running from Fagerness Point to Park Lane extended is designated as Quiet Waters Area. Subd. 13. (Repealed, Ordinance No. 150) Subd. 14. That part of the channel in the Lower Lake North lying northeast of Huntington Point and southeast of the Arcola Bridge. Subd. 15. The channel south of Huntington Point between Lafayette Bay and the Lower Lake North. Subd. 16. The following area to the north of Big Island is designated as a Quiet Waters Area: The area lying southerly of a line beginning at a point on the north shoreline of Big Island directly south of the buoy located at latitude 44.932675 north, longitude 93.571501 west; thence north to the buoy at that location; thence northeasterly to the buoy located at latitude 44.935813 north, longitude 93.559323 west; thence easterly to the northernmost point of Big Island. Sec. 3.021 Section 3.021. High Water Subd. 1. Policy; Purpose. The Board of Directors of the LMCD has determined that (i) the operation of watercraft at normal speeds on the Lake during periods of High Water, as defined in this section, has serious adverse effects on the shoreline of the Lake and structures existing on the shoreline, and (ii) the restriction of watercraft wakes during periods of High Water is essential to the conservation of the shoreline of the Lake and the overall quality of the Lake as a natural resource. It is the purpose of this section to provide reasonable regulation of watercraft wakes during periods of High Water, and to establish a mechanism for enforcing of those limits and adequately informing Lake users of the existence and need for the regulations. Subd. 2. Definitions. For purposes of this section the terms defined in this subdivision have the meanings given them. a) "High Water" means a High Water Declaration has been made as provided in this section and has not been terminated. b) "Minimum Wake" means the wave moving out from a watercraft and trailing behind in a widening "V" of insufficient size to affect other watercraft or be detrimental to the shoreline. c) "Regulated Area" means (i) all of the surface area of the following bays and portions of the Lake; Emerald Lake, Libbs Bay, Seton Lake, Bay St. Louis, Black Lake, Coffee Cove, Big Island Passage, Robinson's Bay, Tanager Lake, Forest Lake, Carson's Bay, Excelsior Bay, Priest's Bay, St. Alban's Bay, Gray's Bay, Stubb's Bay, and Jenning's Bay, and (ii) the surface area of the Lake within a distance of 600 feet of the shoreline on all parts of the lake not included in paragraph (i) above. Subd. 3. General Rule. When a High Water Declaration has been made, it is unlawful for a person to operate a watercraft in the Regulated Area at a speed of more than 5 miles per hour or a speed that results in more than a Minimum Wake. Subd. 4. Procedure: High Water Declaration. The Executive Director is authorized and directed to determine from authoritative sources the Executive Director deems reliable the water level of the Lake from time to time. The Executive Director may make a High Water Declaration when the Lake elevation has been at or above elevation 930.0 feet NGVD for a period of five consecutive days; provided, readings show an elevation of 930.0 feet or more on the first day and the fifth day (or next day thereafter when readings are available), at least one such reading between the first and last reading, and no intervening readings below 930.0 feet. The Executive Director shall make a High Water Declaration when the Lake elevation either 1) has been at or above elevation 930.0 feet NGVD for a period of eight consecutive days; provided, readings show an elevation of 930.0 feet or more on the first day and eighth day (or next day thereafter when readings are available), at least two such readings between the first and last reading, and no intervening reading below 930.0 feet, or 2) the Lake elevation has reached or exceeded 930.25 feet NGVD. Upon making a High Water Declaration, the Executive Director must forthwith take Sec. 3.021, Subd. 5 (Rev. 10-99) the following steps: a) Notify the Hennepin County Sheriff's Water Patrol that a High Water Declaration has been made and that the wake regulations of this section are in effect as of a specific date and time. b) Notify, by any practicable means, marina operators, associations and other interested persons that a High Water Declaration has been made. c) Take whatever action deemed by the Executive Director to be necessary to disseminate as widely as possible the fact that a High Water Declaration has been made and that the wake regulations of this section are in effect. Subd. 5. Procedure: High Water Termination. When the Executive Director determines from authoritative sources that the lake level has fallen and remained below elevation 930.0 feet NGVD for a period of three consecutive days, the Executive Director may take the same steps set out in subdivision 4 to inform the Water Patrol and other persons that High Water no longer exists and that the wake regulations of this section are not in effect. Subd. 6. Exceptions. The provisions of this section do not apply to the sheriff, deputies, or other law enforcement officers, while engaged in the performance of their duties, or to seaplanes during a landing or takeoff. Section 3.022. Use of Motorboats Prohibited Subd.
1. Prohibition. No
person, other than authorized law enforcement personnel or governmental
resource management personnel in performance of their duties, shall operate a
motorboat using propulsion by machinery in any of the following areas:
a) Six Mile Creek from
the mouth of the creek (located at a line between Latitude 44° 54.844' North, Longitude 93° 42.166' West and Latitude 44° 54.831' North, Longitude 93° 42.138' West) upstream to the
right of way of State Highway 7.
b) Painter's Creek west
of County Road 110 (located at Latitude 44°, 57.723'
North, Longitude 093°,
30.931' West), upstream to the contour line at elevation 929.4 NGVD. c) Long Lake Creek from the railroad
trestle (located at a line between Latitude 44°,
57.793' North, Longitude 093°,
33.860' West and Latitude 44°,
57.806' North, Longitude 093°,
33.842' West), upstream to the contour line at elevation 929.4 NGVD. Subd. 2. Aids to Navigation. If such areas in which use of
motorboats using propulsion by machinery is prohibited are delineated by
signs, buoys, markers or other aids to navigation by the District or by the
County, the location indicated by such aids to navigation shall control. Subd. 3. Exception. The prohibition in Subdivision 1 shall
not apply to any watercraft that is 24 feet in length overall or less
and that is being propelled by a single electric motor that has only
a single propeller and is not capable of generating more than 60 pounds
of thrust at its maximum operating voltage.
Length overall means the horizontal measurement from the foremost
to the aftermost points of the watercraft, including all equipment and
attachments in their normal operating positions. Section 3.03. Rules of the Road Subd. 1. Overtaking. When watercraft are running in the same direction, the craft which is astern shall pass only when there is sufficient distance between the crafts so it can do so safely and only at such speed that its wash or wake will not endanger the craft being passed or its occupants. No person operating a watercraft shall abruptly change its course without first determining that it can be safely done without risk of collision with another craft. Subd. 2. Approaching. When watercraft are approaching each other head on, or nearly so, each shall turn to the right a sufficient distance so that they will safely pass. When the course of an approaching craft is so far to the right as not to be considered as meeting head on, each shall maintain its course and pass clear. Subd. 3. Crossing. When watercraft are crossing courses, or approaching each other obliquely or at right angles, so as to involve risk of collision, the craft which has the other on its own right shall yield the right-of-way. Subd. 4. Sailboats. Sailboats under sail alone shall have right-of-way over all other watercraft underway except when overtaking such other watercraft. Subd. 5. Horn Signals. Proper horn signals are as follows in a meeting situation: "One blast means 'pass port to port'; two blasts mean 'pass starboard to starboard'; three blasts mean 'backing from closed area'; and four blasts mean 'danger of collision exists, stop or slow to bare steerage'." The operator of such motorboats shall, only when reasonably necessary to ensure safe operation, sound such horn, whistle or bell.
Section 3.04. Watercraft Equipment. Subd. 1. Lights. Watercraft operating on the Lake, when underway or in use at any time between sunset and sunrise, shall carry and display the lights specified in this section for such watercraft. a) Running lights. Watercraft shall be equipped with and have in operation a red 10 point light to port (left) and a green 10 point light to starboard (right) in the forward section of the watercraft, visible at least one mile, and a white light visible all around the horizon at a distance of two miles or more. No watercraft other than an authorized sheriff's boat or other police watercraft shall use or display a red light other than a red running light. Sec. 3.04, Subd. 1 b) (Rev. 6-99) b) Anchor lights. All watercraft when at anchor or drifting 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. Subd 2. Personal Flotation Devices. (a) Every person on board a watercraft shall wear or have readily accessible a U.S. Coast Guard approved Type I, II, or III personal flotation device. In addition to these devices, watercraft 16 feet or more in length, except canoes and kayaks, must also carry at least one U.S. Coast Guard approved Type IV personal flotation device. A U.S. Coast Guard approved Type IV personal flotation device may be carried in lieu of any personal flotation device required by this part, on non-motorized watercraft operated by lifeguards within a marked swimming area, as defined in Minnesota Rules part 6110.1600. (b) A U.S. Coast Guard approved Type V personal flotation device may be carried in lieu of any personal flotation device required in this rule, if the Type V personal flotation device is approved: (1) for the activity in which the watercraft is being used; and (2) as a substitute for the type of personal flotation devices required to be on board the watercraft. (c) Persons being towed by a watercraft on water skis or other devices shall be considered to be on board the towing watercraft for the purpose of personal flotation device requirements. A U.S. Coast Guard approved Type I, II, or III personal flotation device must be either carried in the towing watercraft or worn by the person being towed. Persons being towed must also be in compliance with Section 3.10, subd. 3 of this Code. (d) All personal flotation devices required by this subpart shall be: (1) approved by the United States Coast Guard; (2) legibly marked with the approval number issued by the United States Coast Guard; (3) in serviceable condition free of tears, rot, punctures, or waterlogging, and with all straps and fasteners present and in good condition; (4) either readily accessible or worn with the following exceptions: (i) those Type V devices which are required to be worn to be accepted as United States Sec. 3.04, Subd. 2 d) (4) (ii) (Rev. 6-99) Coast Guard approved; (ii) those cases designated by statute where wearing a Coast Guard approved Type I, II, III, or V personal flotation device is mandatory; and (iii) Type IV personal flotation devices must be immediately available. (5) of the appropriate size for the intended wearer, if the device is designed to be worn. (e) For purposes of this subdivision, "readily accessible" means easily retrievable within a reasonable amount of time in an emergency. "Immediately available" means easily reached in time of emergency. Personal flotation devices located in locked containers, under heavy objects or left in shipping bags are not considered readily accessible or immediately available; Subd. 3. Horns. Motorboats 16 feet or more in overall length shall carry a power, hand or mouth operated horn, whistle or bell capable of producing a sound for at least two seconds and audible for at least one-half mile. Watercraft 26 feet or more in overall length using the Lake shall carry a horn or whistle as prescribed by the commissioner. Subd. 4. Fire Extinguisher. Motorboats carrying or using fuel or other flammable or toxic fluid in a tank or engine, which is in any enclosure of the boat shall be equipped with a B.C. charged fire extinguisher and an efficient natural or mechanical ventilation system which will remove gases prior to and during the time any person operates the watercraft. Such fuel or fluid is in an "enclosure" if it is not in contact with the open atmosphere or if it is located in an area where fumes or vapors could accumulate. Subd. 5. Mufflers. It is unlawful to use a boat or watercraft other than aircraft propelled in whole or in part by any internal combustion engine unless the same is provided with a stock factory muffler, underwater exhaust or other modern device capable of adequately muffling or suppressing the sound of the exhaust of the engine. The phrase "adequately muffling" shall mean that the engine's exhaust shall at all times be so muffled or suppressed as not to create excessive or unusual noise. No engine shall be equipped with any cut-out. Subd. 6. Device for Arresting Backfire. No motor other than a detachable outboard motor shall be used on any watercraft unless its carburetor is fitted with a U.S. Coast Guard device for arresting backfire. Subd. 7. Marine Toilets. Marine toilets must retain waste Sec. 3.04, Subd. 8 (Rev. 6-99) on board for pump out or other proper disposal on shore and must be in compliance with any applicable requirements of the Minnesota Pollution Control Agency. Built in toilets may not be capable of being discharged overboard by gravity or by pumping using equipment on the watercraft, and may not have outside drains including overflow drains. No person shall discharge into the water of the Lake, directly or indirectly, from a watercraft, any treated or untreated sewage or other wastes, nor shall any container of untreated sewage or other wastes be placed, left, discharged, or caused to be placed, left or discharged in or near any waters of the Lake from a watercraft in such a manner or quantity as to create a nuisance or health hazard or pollution of such waters, by any person or persons at any time whether or not the owner, operator, guest or occupant of a watercraft or other marine conveyance. Subd. 8. Prohibited Equipment. a) Sirens. Sirens may not be carried or used on any watercraft other than patrol watercraft. Any siren carried or used in violation of this subdivision may be removed and seized by the sheriff and shall thereupon become the property of the county in which seized and may be used or disposed of as the county board may determine. b) Official Flags. No watercraft other than an authorized water patrol boat or other police watercraft shall use or display a police, sheriff or law enforcement officer's flag, or any device designed to simulate such a flag. Subd. 9. Failure to Provide Proof. Upon request of a licensed peace officer, sheriff's deputy, a special deputy of the Hennepin County Sheriff's Water Patrol, or a Minnesota Conservation Officer, the operator of a watercraft shall produce for inspection any equipment required under subdivisions two, three and four of this section or as required by Minn. Stat. § 86B.501 (as amended) and Minnesota Rules 6110.1200 subparts three, four and five (as amended). Failure to produce the required equipment for inspection upon request is a violation of this code. Section 3.041. Personal Watercraft Subd. 1. Prohibition. It is unlawful for any person to operate a personal watercraft or for the owner thereof to permit the operation of a personal watercraft on the Lake in any way which is contrary to the provisions of this Code or the laws, rules or regulations of the state. Subd. 2. Personal Flotation Devices. No person shall operate or ride on a personal watercraft unless wearing a United States Coast Guard approved Type I, II, III, or V personal flotation device. Subd. 3. Hours of Operation. No person shall operate a personal watercraft between one hour before sunset and 9:30 a.m. the following day. Subd. 4. Speed. No person shall operate a personal watercraft at greater than slow no-wake speed within 150 feet of any shoreline, swimmer, anchored boat, person fishing, mooring, dock or other water structure. Subd. 5. Operation Within 300 Feet of the Shoreline. No Sec. 3.041, Subd. 6 (Rev. 6-99) person shall operate a personal watercraft at a speed in excess of 5 miles per hour or at a speed which results in more than a minimum wake between 150 feet and 300 feet of the shoreline unless the personal watercraft is being driven perpendicular to the shoreline and to or from the nearest point of water 300 feet from the shoreline or parallel to the shoreline from one location to another in a manner which is not repetitive. Subd. 6. Automatic Cut-off Device. No person shall operate a personal watercraft which is equipped by the manufacturer with a landyard-type cutoff switch unless the landyard is attached to the person, clothing or personal flotation device of the operator. No person shall operate a personal watercraft on which the automatic Sec. 3.04, Subd. 7 (Rev. 6-99) cut-off device applied by the manufacturer has been altered, disabled or removed. Subd. 7. Wake Jumping. No person operating a personal watercraft shall jump the wake of another watercraft within 150 feet of that watercraft. Subd. 8. Careless Operation. A personal watercraft must at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including, but not limited to weaving through congested boat traffic or swerving at the last possible moment to avoid collision shall constitute careless, reckless or grossly negligent operation within the meaning of LMCD Code Section 3.01, Subd. 2. Subd. 9. Rental. Any person who offers personal watercraft for rent: (a) shall not rent a personal watercraft, regardless of the horsepower, to any person who is less than 16 years of age or who is 16 years of age or over but less than 18 years of age and not in possession of an operator's permit required by law. (b) is required to provide a summary of the laws and rules governing the operation of personal watercraft and to provide instruction regarding safe operation to any person renting personal watercraft. The instruction provided to a renter must cover the laws and rules governing personal watercraft as well as the actual operation of the personal watercraft itself; and (c) is required to provide a United States Coast Guard approved Type I, II, III or V wearable personal flotation device to all persons who rent a personal watercraft, as well as all other required safety equipment. Subd. 10. Prolonged Operation. No personal watercraft shall be operated in a single area for more than thirty consecutive minutes. A person in control of such watercraft shall be subject to citation. A single area is defined as an area of the Lake which is so small that the noise emanating from personal watercraft operated continuously within it is liable to be a nuisance or cause substantial annoyance to residents of one or more shoreline properties during all of the time of such continuous operation. Section 3.05. Watercraft Inspections. Subd. 1. Testing Stations. The district may establish one or more watercraft testing stations for the purpose of testing and inspecting watercraft using the Lake or to be used on the Lake, to Sec. 3.05, Subd. 2 (Rev. 6-99) determine whether such watercraft comply with the health and safety regulations of this Code. The Board of Directors of the district shall, by resolution, establish service charges to pay for the costs of such inspection. Subd. 2. Inspection on Order of Sheriff. The sheriff may direct any watercraft on the Lake to be inspected at such testing station, after due written notice thereof shall be first given to the owner of such watercraft or the owner's agent. If it is determined that such watercraft complies with the provisions of this ordinance, the inspector shall issue a certificate which shall be in the form of a decal, to be displayed on the exterior hull of the watercraft at a location where it can be readily seen without boarding the watercraft. Inspection certificates shall expire on December 31 of the year in which they are issued. Subd. 3. Inspection Without Notice. If the sheriff has reasonable and probable grounds to believe that a watercraft being operated on the Lake does not meet the requirements of this ordinance with respect to its equipment, the sheriff may request permission to inspect such watercraft. If the operator of the watercraft consents to such inspection being made the sheriff may thereupon make such inspection or cause such inspection to be made. If consent to such inspection is refused by the operator of the watercraft, the sheriff may order such watercraft to be inspected as provided in Subd. 2 of this section. Subd. 4. No Operation Pending Inspection. No watercraft which is ordered to be inspected as provided in the provisions of this section shall thereafter be operated on the Lake until after an inspection certificate has been obtained, showing that such watercraft has been inspected and is equipped in accordance with the requirements of this ordinance and Code; provided, however, that nothing herein shall prevent the operator of the watercraft from subsequently going from the place of launching or harborage of the watercraft directly to the watercraft inspection station, by appointment, for the purposes of obtaining a compliance inspection. Subd. 5. Operational Tests. Apart from such inspection the sheriff may direct the operator of any watercraft on the Lake to display the lights, fire extinguishers, noise muffling devices, life preservers, and horn, whistle or bell on the watercraft, and to demonstrate that they are in good working condition. Subd. 6. Noise. If the sheriff has reason to suspect that a boat is exceeding noise limitations, or is capable of exceeding noise limitations, he may direct the operator to traverse a noise pollution test course at any location selected by the sheriff, at full throttle or at such lesser speeds as the sheriff may direct. Refusal to submit to such a test is a misdemeanor. Subd. 7. Emergencies. If the sheriff encounters a condition on any watercraft which constitutes an immediate hazard such (Rev. 6-99) as overloading or imminent hazard of fire or explosion, he may direct the occupants of such watercraft to take immediate emergency measures to eliminate such hazard. Failure to obey such emergency instructions is a violation of this Code.
Section 3.06. Watercraft Impounding. Subd. 1. Reasons for Impoundment. Watercraft may be removed from the Lake by the sheriff or other duly authorized law enforcement officer and taken to a place of safety designated by him in the following circumstances: a) the watercraft is unattended or unoccupied and is not moored or otherwise safety secured. A boat or watercraft which is at anchor is not considered to be safely secured for purposes of this section, or b) the watercraft is unattended and is moored or secured to an unlicensed or unpermitted structure, or c) the watercraft is so disabled as to constitute a hazard to navigation and the person or persons in charge of the watercraft are for any reason physically incapacitated and unable to provide for its custody and control, or d) the watercraft is, and has been for a period of more than one week, sunken, wrecked, junked or discarded. Subd. 2. Notice. Upon the removal of a watercraft pursuant to this section the sheriff shall promptly notify the Executive Director who shall thereupon give written notice to the registered owner of the watercraft of the fact of such removal, the reason therefor, and the place to which the watercraft has been removed. If the owner cannot be determined or found, or if the watercraft is not claimed within three days after its removal, the Executive Director shall send a written report of the removal to the Commissioner of Natural Resources. The report shall describe the watercraft, the reasons for its removal, and the place to which the watercraft has been removed. The owner of a watercraft removed pursuant to this section may reclaim it at any time without charge, upon the payment of reasonable towing and storage charges. Subd. 3. Disposition of Impounded Watercraft. Impounded watercraft which are not reclaimed by the owner may be disposed of in the same manner as impounded structures under Section 2.08, Subd. 4. Subd. 4. Other Penalties. The removal of a watercraft pursuant to this section does not prevent the district from enforcing any other penalty provided by this Code for the unlawful operation or mooring of a watercraft. (Rev. 9-99) Section 3.07. Watercraft for Hire. Subd. 1. Prohibition. No person shall operate or offer to operate any watercraft carrying passengers for hire on Lake Minnetonka without an LMCD certificate of registration. Subd. 2. Application for Certificate. Applications for registration shall be made on forms provided by the Executive Director. The application shall be accompanied by a copy of all valid pilot licenses, a current state inspection certificate of operation, evidence of insurance, berthing location, docks, moorings or other facilities at which passengers will be embarked or disembarked, and all other information deemed necessary by the Executive Director to determine whether the application is in compliance with this section of the LMCD Code. The application shall also be accompanied by the fee established from time to time by resolution of the Board. Subd. 3. Issuance of Certificate. A certificate of registration may be issued by the Executive Director upon determination that the application complies with this section of the LMCD Code and the watercraft has passed all required inspections of the Sheriff's Water Patrol, Department of Natural Resources, and State of Minnesota. The certificate will specify authorized ports of call and no passengers except law enforcement personnel or employees may be embarked or disembarked except at either a) authorized ports of call or b) other locations at a frequency of no more than once each year at any one location. No ports of call shall be authorized without first securing a certificate from the municipality within which such port of call lies stating that the activities to be conducted by the applicant at the port of call are in compliance with municipal zoning laws. No embarkation or disembarkation at other locations is authorized unless permission for such activity has been secured from appropriate officials of the city in which it occurs. Subd. 4. Renewals. A renewal certificate of registration is required for each year of operation and must be obtained by March 1 of each year. Subd. 5. Watercraft Registration. All watercraft for hire or charter shall be registered with the state of Minnesota as "For Hire" or be United States Coast Guard Documented for Commercial use. The license number shall be affixed to the hull with a valid registration sticker. The United States Coast Guard Documentation number must be affixed on a main bulkhead or structural member of the watercraft. The full name of the watercraft must be displayed on the hull, either the stern or on the port and starboard sides of the watercraft. Subd. 6. Age of Operation and Pilot Licenses. A person under the age of 18 may not operate a watercraft for hire. All Sec. 3.07, Subd. 7 (Rev. 9-99) pilots must have a current and valid State of Mi nnesota Pilots License. Subd. 7. Required Equipment. When a watercraft is in use and carrying passengers for hire, the following equipment must be on board and in serviceable condition. a. Fire Extinguishers. Fire extinguishers shall be of a number and type that meets the requirements of the Minnesota DNR and, in addition, each such watercraft shall have installed a fixed fire extinguishing system to protect the engine room(s) on all watercraft using gasoline or other fuel having a flash point of 100 degrees F or lower; provided, however, that where the engine room(s) are so open to the atmosphere to make the use of a fixed system ineffective, no such system will be required. The system shall have the appropriate number of pounds of chemical for the gross volume of space to be covered as specified in 46 CFR § 181.410. b. Bilge Pumps. The watercraft for hire must have one fixed bilge pump for each nonconnected bilge compartment. The bilge pump shall be rated at 10 GPM or greater. c. Personal Floatation Devices. All vessels for hire must carry on board one Coast Guard Approved Type 1 adult personal floatation device for each person permitted to be carried, including the crew. In addition, unless children are never to be carried, a number of personal flotation devices suitable for children equal to ten percent of the total number of persons carried must be aboard. If more children are aboard, the appropriate number of child PFD's are required for each child on board. All Type 1 PFD's must be labeled with the vessel's name or registration number and be in good and serviceable condition. All PFD's shall have 200 sq. cm. (31 sq. in) of retro-reflective material attached to the front side, 200 sq. cm. of retro-reflective material attached to the back side and on each of the reversible sides. 1) Life preservers shall be distributed through the upper part of the vessel in protected places convenient to the passengers on board. 2) Life preservers for children, when provided, shall be stowed separately. 3) When life preservers are stowed so that they are not readily visible to passengers, the containers in which they are stowed shall be marked "LIFE PRESERVERS" and with the number contained therein, Sec. 3.07, Subd. 7 d. (Rev. 9-99)
in at least one inch letters and figures. This legend shall indicate if the stowage is for "ADULT" or "CHILDREN" life preservers. d. Ring Buoy/Life Buoy. All watercraft for hire must have one ring buoy. The ring buoy shall have 30 feet of line, retro-reflective tape on both sides, and the name of the watercraft on the buoy. The ring buoy must be mounted in an accessible area. The ring buoy shall be 20" or more in diameter for watercraft less than 26 feet. For watercraft over 26 feet a 24" buoy is required. If the watercraft is operated during night time hours, buoys shall be fitted with a water activated or automatic light. e. First Aid Kit. All watercraft for hire must have a stocked first aid kit on board. f. Electrical. All watercraft for hire must have all batteries fastened down so as not to move in any direction more than one inch, and the entire battery shall be covered to eliminate sparking or arching. g. Communications. All watercraft for hire shall be required to have one of the following types of communications: VHF Marine Radio with Channels 16 and 6 and/or a Cellular Telephone. Subd. 8. Major Repairs and Alterations. No major repairs or alterations affecting the safety of the watercraft or passengers with regard to the hull, super structure, machinery, or equipment shall be made without the knowledge and approval of the Hennepin County Sheriff's Water Patrol. Proposed alterations shall be approved by the Hennepin County Sheriff's Water Patrol before any work is started. Drawings, sketches or written specifications describing the alterations in detail may be required. Drawings will not be required for repairs in kind. Subd. 9. Passengers Permitted. The maximum number of passengers and crew permitted to be carried on a watercraft for hire shall be determined by the LMCD and/or Hennepin County Sheriff's Water Patrol and shall be stated on the inspection report. The maximum number of passengers and crew permitted on any vessel for hire of reasonable design and proportions may be determined by length of rail criteria, deck area criteria, or fixed seating criteria. A final test may be a stability test at the owners expense. a. Length of Rail Criteria. One passenger may be permitted for each 30 inches of rail space available to the passengers at the watercraft's sides and across the Sec. 3.07, Subd. 9b (Rev. 9-99) transom with a minimum of 18" of open deck space. b. Deck Area Criteria. One passenger may be permitted for each 10 square feet of deck area available for the passengers' use. In computing such deck area, the areas occupied by the following shall be excluded: (i) Concession stands; (ii) Toilets and washrooms; (iii) Companionways, stairways, etc.; (iv) Spaces occupied by and necessary for handling lifesaving equipment; (v) Spaces below deck which are unsuitable for passengers; (vi) Pilot control area; and (vii) Interior passageways less than 30" wide and passageways on the open deck less than 18" wide. c. Fixed Seating Criteria. One passenger may be permitted for each 18 inches of width of fixed seating provided. d. Notwithstanding the number of passengers permitted by any of the criteria described above, the maximum number may be further limited by stability. Subd. 10. Operational Rules. a. Violation of any provision of this code is a misdemeanor and violation of any provisions of this code or of state or federal law shall be grounds for revocation or suspension of a charter boat certificate. b. No watercraft holding a certificate under this section shall, while carrying passengers for hire: 1) Stop, moor or anchor closer than 300 feet from shore except at authorized ports of call; 2) Stop, moor or anchor at any place in the lake other than an authorized port of call after 6:00 p.m. for more than two hours; 3) Pass within 300 feet of the shoreline except at an authorized port of call or in channels having a width of less than 600 feet in which case such watercraft shall remain as nearly in the center as is consistent with good seamanship and the Rules of the Road. c. All watercraft carrying passengers for hire must disembark all customers, pasengers or patrons by 12:30 a.m. and must return to and be tied, moored or secured for the night at its home port by 1:00 a.m. Sec. 3.07, Subd. 10d (Rev. 9-99) d. No watercraft holding a certificate under this section may play any live or amplified music or amplified voice except in fully enclosed areas of the watercraft or in emergency situations. Operations and activities on the watercraft shall be so conducted as not to interfere with the peaceful enjoyment of the Lake and of surrounding properties by riparian owners and by the public. License holders shall be responsible to ensure that operation and activities shall be so conducted as not to violate Section 3.01, Subd. 23. The act of any employee on the watercraft is deemed the act of the certificate holder as well, and the certificate holder shall be liable to all penalties provided by this code and the law equally with the employee. Section 3.075. Licensing of Adult Cabaret and Exotic Dancing on Watercraft for Hire. Subd. 1. Statement of Intent. It is declared to be the purpose and intent of this ordinance to protect the public health, safety, and welfare of the Lake Minnetonka communities by curtailing the dangers and potential criminal offenses associated with watercraft for hire featuring adult cabaret or exotic dancing. The LMCD, a body politic pursuant to Minnesota Statutes Section 103B.601, has determined that adult cabaret or exotic dancing may be dangerous if performed on watercraft for hire and may lead to prostitution, sexually-transmitted diseases, drug and alcohol offenses, or other criminal activity. However, it is not the intent of this Section to inhibit the freedom of speech component of exotic dancing. Instead, this Section represents a balancing of competing interests: reduced dangerous or criminal activity through the regulation of exotic dancing versus the protected rights of exotic dancers and their patrons. Subd. 2. Definitions. The following definitions shall apply to words used in this Section: a. "Adult Cabaret" shall mean exotic dancing and/or other live entertainment which is distinguished or characterized by an emphasis on sexually oriented performance. b. "Exotic Dancer" shall mean a person who dances or otherwise performs and who seeks to arouse or excite the patrons' sexual desires. c. "Licensed watercraft" shall mean any watercraft for hire for which a license to provide adult cabaret or exotic dancers has been issued. d. "Patron" shall mean a customer on a licensed watercraft. e. "Sexual activities" shall mean activities consisting of the following: 1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, direct physical stimulation of clothed or unclothed genitals, actual or simulated masturbation; or Sec. 3.075, Subd. 3 (Added 11/00) 2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or 3. Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts; or 4. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons. Subd. 3. Conditions. Adult cabaret or exotic dancing may only be performed on licensed watercraft subject to the following conditions: a. A licensed watercraft is subject to the conditions in Section 3.07 and this Section, all other provisions of this Code, and of other applicable regulations, ordinances and state law. b. A licensed watercraft may not also be licensed for the sale of alcohol under Chapter 5 of this Code. c. Exotic dancing or adult cabaret performances may not be in any way visible or perceivable, including aurally, at any time from outside the watercraft. d. Exotic dancing or adult cabaret may not in any way depict sexual activities. e. Exotic dancing or adult cabaret may not involve display of less than completely and opaquely covered human genitals, female breast(s) below a point immediately above the top of the areola, buttocks, anus, pubic region or male genitals in a discernibly turgid state, even if completely and opaquely covered. f. Exotic dancers and cabaret performers must be at least 21 years of age. g. Patrons must be at least 21 years of age. Sec. 3.075, Subd. 3(h) (Added 11/00) h. Exotic dancing may only be performed on a platform intended for that purpose which is raised at least two feet from the level of the floor. The platform must incorporate a padded safety rail that will prevent dancers or performers from falling from the platform in the event of windy or inclement boating conditions. i. Exotic dancing shall not occur closer than ten (10) feet from any patron. j. No exotic dancer or performer shall touch, fondle or caress any patron and no patron shall touch, fondle or caress any exotic dancer or performer. k. No patron shall directly pay or give any gratuity to any exotic dancer or performer. l. No licensed watercraft may dock at any location except the dock from which the watercraft originates, except in the case of emergency. m. No person other than a law enforcement officer may board a licensed watercraft except from the dock from which the watercraft originates. n. No exotic dancer or performer shall solicit any pay or gratuity from any patron. o. Licensed watercraft may not have booths, stalls, partitioned portions of a room, or individual rooms, except: 1. restrooms are allowed as long as they are no larger than reasonably necessary to serve the purposes of a restroom, no other activities are provided or allowed in the rooms, and there are no chairs, benches, or reclining surfaces in the rooms; and 2. storage rooms and private offices are allowed, if the storage rooms and offices are used solely for running the business and no person other than the owner, manager, and employees is allowed in them. a. The operator of a licensed watercraft is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed watercrafts is deemed the act of the operator as well, and the operator is liable for all penalties provided by this Section equally with the employee, except criminal penalties. Sec. 3.075, Subd. 3(q) (Added 11/00) b. The license must be posted in a conspicuous place in the portion of the watercraft used for exotic dancing or adult cabaret. Subd. 4. License Application. Application for a license must be made on a form supplied by the LMCD and must provide the following information: a. The business in connection with which the proposed license will operate; b. The location of the dock or slip from which the watercraft for hire originates; c. A description of the watercraft to be licensed including a floor plan of the area for which the license is sought, showing dimensions and locations of facilities; d. Whether the applicant is the owner and operator of the business and if not, who is; e. Whether the applicant has ever used or been known by a name other than his/her true name, and if so, what was the name, or names, and information concerning dates and places where used; f. Street address at which applicant has lived during the preceding ten years; g. Kind, name and location of every business or occupation applicant and spouse have been engaged in during the preceding ten years; h. Names and addresses of applicant's employers and partners, if any, for the preceding ten years; | ||
