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Ordinance 046�t • • �J VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO. 46 AN ORDINANCE PROHIBITING THE OPERATION OF MOTORBOATS ON LAKE ANN AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE COUNCIL OF THE VILLAGE OF CHANHASSEN ORDAINS: SECTION 1. PURPOSES AND INTENT. The Council of the Village of Chanhassen declares that for the protection of the public health, safety and welfare of the Village, for the 0 preservation and best use of the waters, natural resources and environment of Lake Ann for recreational purposes,, and for the prevention, control and abate- ment of water pollution therein, it is necessary that regulations be established to govern the use of the waters of Lake Ann. SECTION 2. DEFINITIONS. For the purposes of this ordinance, the terms defined herein shall have the following meanings ascribed to them: 2.01 "Person" includes an individual, partnership, corpora- tion, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. 2.02 "Motorboat" means any craft propelled by a motor and designed for travel in or upon water. 2.03 "Owner" means a person, other than a lien holder, 9 having the property in or title to a motorboat and entitled to the use or possession thereof. 2.04 "Operate" means to control the operation of a motorboat. 2.05 "Operator" means every person who operates or is in actual physical control of a motorboat. SECTION 3. OPERATION. 3.01 Motorboats Prohibited. Except as otherwise herein specifically permitted and authorized, it is unlawful for any person to operate a motorboat in or upon the waters of Lake Ann. 3.02 Exceptions. The operation of motorboats in or upon the waters of Lake Ann by the state, its agencies and subdivisions, and the agents and employees thereof, in the discharge of official duties is hereby expressly permitted and authorized. SECTION 4. PENALTY. Any person who shall violate any provision of this ordinance shall upon conviction thereof be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for a period of not more than ninety (90) days, or both, for each such offense. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect and be in force from and -2- 0 after its passage and publication according to law. Passed by the Council this 10th day of May ATTEST: CLERK- MINISTRATOR Carver County and Published in Minnetonka Sun 0 E -3- YOR on May 20, , 1971. , 1971. (Official Publication) VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIE$r MINNESOTA ORDIA(Ai l'CE Nh 49 AN ORDINANM. J''RgHIBITING THE OPERATION MOTORBOATS ON LAKE ANN*'ROVIDING A PEN- ALTY FOR THEREOF. THE, CO THE VILLAGE OF CHANN AWS: SI')4; URPOSES AND IN - UN EWSPAPERS T> The Couneil'of the Village of Chanhas- sen declares that for the Protection of the public health, safety ,and welfare of the Villae, for AFFIDAVIT OF PUBLICATION of the wat rs,natu alrresour esa denvation and best i- ronment of Lake Ann for recreational purposes, and for the prevention, control EXCELS I O R -D E E P H AV E N and abatement of water pollution therein, it is necessary that regulations be estab- lished to govern the use of the waters of Lake Ann. MINNETONKA j U 11 � � 1SECTION 2. DEFINITIONS. For the purposes of this ordinance, the terms defined herein shall have the fol- lowing meanings ascribed to them: 2.01 "Person" includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. 348 -2nd Street Excelsior 2.02 "Motorboat" means any craft propelled by a motor and designed for travel in or upon water 2.03 "Owner" means a person, other than a lien holder, having the property in or title to a motorboat and entitled to the use or possession thereof. 2.04 "Operate" means to control the State of Minnesota operation of a motorboat. SS. 2.05 "Operator" means every person County of Hennepin who operates or is in actual physical con- trol of a motorboat. SECTION 3. OPERATION. 3.01 Motorboats Prohibited. Except as otherwise herein specifically permitted and authorized, it is unlawful for any per- son to operate a motorboat in or upon the waters of Lake Ann J. R. RITCHAY, being duly sworn, on oath says he is and during all times here s 3.02 Exceptions. The operation of the vice president and printer of the newspaper known as The Excelsior-Deephaven-N motorboats in or upon the waters of Lake Ann by the state, its agencies and subdivi- and has -full- knowledge of the facts herein stated as follows: (1) Said newspaper sions, and the agents and employees the English language in newspaper format and in column and sheet form equival thereof, in the discharge of official duties space to at least 900 square inches. (2) Said newspaper is a weekly and is distri izedereby expressly permitted and author - once each week. (3) Said newspaper has 50% of its news columns devoted to SECTION 4. PENALTY. interest to the community which it purports to serve and does not wholly dupli( Any person who shall violate any provi- sion and is not made u entirely of patents, late matter and advertiserr tion h this ordinance shall upon cof not P l� P � P tion thereof be punished by a fine of not newspaper is circulated in and near the municipality which it purports to servf more than Three Hundred Dollars 500 copies regularly delivered to paying subscribers, has an average of at least 7.1 ($300.00) or by imprisonment for a period of not more than ninety (90) days, or both, circulation currently paid or no more than three months in arrears and has enl for each such offense. class matter in its local post -office. (5) Said newspaper purports to serve th SECTION 5. EFFECTIVE DATE. Excelsior and Deephaven in the County of Hennepin and it has its known office ( This ordinance shall take effect and be Village of Excelsior in said county, established and open during its regular busir the gathering of news, sale of advertisements and sale of subscriptions and main managing officer or persons in its employ and subject to his direction and cont such regular business hours and devoted exclusively during such business business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two .years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed hereto attached as a part thereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for ' !'= successive r-, .4- weeks; that it was first so published on ' ` t the day of 19 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghij klmnopgrstuvwxyz abcdefghijklmnopgrstuvwxvz Subscribed and sworn to before me this day of ti 19 (Notarial Seal) _ r Al1tF.!. NF.SCr'Minn. •Notary Fub, Cowl my c.f Per.. 26, 197 Wes Nw-vembe. 0, tstt_ in force from and after its passage and publication according to law. • Passed by the Council this 10th day of May, 1971 EUGENE COULTER ATTEST: Mayor ADOLPH TESSNESS Clerk -Administrator ( May 20,1971)—Ex & Cary