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4. Water Surface Usage Ordinance and Jet Ski update I . . /7/ .� CITYOF -- -01?0 '11' CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ktfilY7 It!eel r7rAlc.r kArfuz I MEMORANDUM 25=*`= ITO: Don Ashworth, City Manager �' �-;' '" t, wmmfssbq FROM: Scott Harr, Acting Public Safety Director . ' CP31 '41° 1 DATE: August 22, 1990 -- SUBJ : Jet Ski Enforcement This memo is to update you on efforts that have been made in Iresponse to the 7/23/90 Council directive to actively enforce jet ski regulations . Please recall that the Council suggested that our Community Service Officers be active in such action . 1 I have solicited additional support from the Department of Natural Resources Conservation Officers that work our area, as well as the Carver County Sheriff ' s Department Water Patrol . I Ihave heard from a number of sources that their combined presence has been noticed, and has had an effect on jet ski operation on the lake . I have also directed our CSOs to be watching for ' violations as well as making contact with the gate attendants, so that the DNR and the Water Patrol can respond when there are violations occurring when they are not on the lakes themselves . Because of the concerns you and I have discussed regarding having Iour unlicensed, untrained CSOs operating borrowed watercraft, I think the above approach will work the best. I have offered our staff as a resourse for these agencies, should they need an extra person in a boat, etc. As the season comes to an end, this is an area that I would like Ithe Public Safety Commission to be looking at over the winter, so that we are prepared to address it next season. I believe an appropriate part of this review will be supporting the State of Minnesota 's bill to firm up jet ski operation. I 1 1 1 1 1 t .1 C I TY 0 F .11 . CHANUAEN• �M�' ., 690 COULTER DRIVE • PO. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' Q (612) 937 1900 • FAX (612) 937-5739 ' MEMORANDUM ' TO: Deb Rand . Community Service Officer Bob Zydowsky, Community Service Officer FROM: Scott Harr , Acting Public Safety Director DATE: August 1 , 1990 SUB..; : Jet Ski Enforcement Per Council direction, we are to provide assistance in enforcing ' jet ski regulations on Lotus Lake (as well as any other lakes that are having problems ) . Attached please find a copy of the MINNESOTA BOATING GUIDE which outlines watercraft regulations . ' Please review this and become familiar with age restrictions , use regulations , licensing requirements , equipment requirements , etc . ' While I have requested increased patrol from the Sheriff ' s Water Patrol and the DNR, I have offered our services as back up per- sonnel in their watercraft if necessary, as well as our being the "eyes and ears" of lake activity. Merely observing from shore ' and being present at the access points should serve as- a deterrent , as well as letting the Lakeshore homeowners know we are concerned; and, if you observe a violation on the water you ' will be in a position to radio sheriff ' s dispatch for assistance . I have also forwarded copies of the boating rules and regulations to the Park and Recreation Department for distribution to their ' gate attendants. I would like you to ,contact these people as well in order-,.to make sure they understand what to be looking for and what action to take if they observe a violation. You might ' also remind the gate attendants about watching for milfoil on boats and trailers . cd cc: Park & Recreation Department 1 • Cc -.3 je r'-t- �� City Council Meeting - July 23, 1990 '. Councilman Boyt: Yes. ,. Councilwoman Dimler: Is there a cost to this study Gary? Gary- Warren: No, not from MnDot. Councilman Workman: I think we know that stop signs aren't the fix all either. But I don't have a problem with public safety looking at this at all. I Mayor Chmiel: No, I don't either. I think that's probably the way it should go. Refer it back and then also pursue it with the State. With MnDot. , Councilman Boyt: Then I would move amendment of 1(1) to include referral to the Public Safety Commission. I guess we have to vote on the amendment? ' Councilman Workman: Second. Councilman Boyt moved, Councilman Workman seconded to amend item 1(f) to include referring the item of a speed study in the Pheasant Hill Addition to the Public Safety Commission. All voted in favor of the amendment and the motion carried. Councilman Soyt: I'd move approval of item 1(f) as amended. , Councilman Johnson: Second. , , Resolution *90-87: Councilman Boyt moved, Councilman Johnson seconded to authorize MnDot to perform a speed study in Pheasant Hills Addition and to refer the item to the Public Safety Commission for review. All voted in favor and the motion carried unanimously. VISITORS PRESENTATIONS: • ' A. PETITION FOR ENFORCEMENT OF WATER SURFACE USEAGE ORDINANCE, LOTUS LAKE HOMEOWNERS ASSOCIATION. Don Ashworth: The staff this past week received a petition to have the Council look at enforcement for the Water Surface Useage Ordinance. That petition was put into your packet. I'm assuming that there are representatives here. In the meantime or I should say prior to that date, Councilman Johnson had asked that this item be placed on the agenda and he was looking for information regarding age restrictions, registration for the Jet Skis theaself. What type of information or other procedures we could put in place for our gate attendants to insure that illegal Jet Skis did not get onto the lake. That item was included as item 10. As I understand it, the Council now has kind of merged these and put them as item 7. Councilman Johnson: No. We didn't serge them. This was, they were asking for something different than what's in at 7. And here's the actual Petition that I was just handed. 6 •, City Council Meeting - July 23, 1990 Don Ashworth: So I would assume that the residents would like to present this petition at this time. Mayor Chmiel: Fine. Would you please state your name and your address please? J.C. Hurd: My name is J.C. Hurd. My address is 6695 Horseshoe Curve. We would be happy to merge the two but if they're different. I • Councilman Workman: What is the difference Jay between the two? Councilman Johnson: This particular petition asks to make some modifications to ' our ordinance to change the definition of-water craft and the other one talks more specifically on noise issues on the lake and regulations of watercraft. I think what they're getting at is the same thing. This is just one way. 11 J.C. Hurd: Right. They're just different ways of approaching it. ' Councilman Johnson: As you read through the definition of watercraft, it's so broad. Jet Skis are actually now covered. What they're asking with the petition is kind uf, it doesn't do it. But I think the thrust of the petition is noise and we've moved that item. - J.C. Hurd: Safety. Councilman Johnson: And safety, yeah. I'll let them tell us what the'thrust of the petition is but there it is as it's read. ' J.C. Hurd: On behalf of the Lotus Lake Homeowners Association, I'm submitting a petition signed by 99 Lotus Lake users asking for diligent enforcement of the Surface Water Use Ordinance No. 73 to promote safety and reduce noise distrubance. The petition also requests that personal watercraft be included in 11 the definition of motorboats. Now on July 19th I had a meeting with Jim Chaffee discussing these concerns. Jim has agreed to ask the Sheriff's Department to actively enforce the Water Surface Use Ordinance, particularly during peak lake useage times. Particularly on weekends. We agreed that the current definition of motorboats does include personal watercraft and they would therefore be subject to the same rules. Although Jim thought it would be too involved to formally deputize citizens to help enforce the ordinance, we would like to reiterate that we are more than willing to help enforce in any way we can. In order to help educate lake users of the existence and.contents-.of the rules governing Lotus Lake, we are suggesting that a summary of the ordinance be sent ' city wide. In order that the proper people receive the mailing, we recommend that they be addressed to watercraft operators as opposed to-residents whereby getting the 16 year olds as opposed to their parents. We agree that diligence ' by staff at the boat launch verifying registration of watercraft, ages of operators, as well as signage at the launch describing the forward, counter clockwise travel requirement would help promote overall water safety. We are also asking that they talk about the 100 feet offshore minimum wake rule and enforce the parking down there as well. Boat launch staff should also hand out a summary of the ordinance and advise watercraft operators that violators will be cited. All copies of the ordinance or a summary thereof should point out ' that Jet Skis are included as motorboats. I know that the definition does include them but to specifically spell it out I don't think would hurt. Just as 1 7 I. City Council Meeting - July 23, 1990 IL a postscript, I talked to Scott Harr this afternoon and he agreed to order a sign for the boat launch tomorrow if we could get some action tonight. So if we II want to include, I guess it's real vague as to whether or not it should be included with your item 7. I think they are all basically the same. One is, the approach is a little different. I Mayor Chmiel: Okay. I guess I just have one question of Roger. Legality of the City. What would be the position of the City for any recourse it could have from this? Roger Knutson: We're authorized by State Statute to have a water surface useage ordinance. We have that and as long as it's on the books and we've been enforcing it, I'm sure that's what public safety intends. J.C. Hurd: Thank you. - Mayor Chmiel: Does anybody have any questions? ' Councilman Boyt: Well I do. I think that if we're going to get something done it really hinges upon enforcement of what we already have. The whole character of the lake changes when they County Sheriff's boat is out there and they have been, at least when I've been on the lake to observe, the County folks are pretty good about checking on everybody. So I don't think a sign is going to do much. There's already so many signs at the boat launch that I think people just ignore them but I think if we could get for the remaining couple months of the summer, if we could get a public safety person out there patrolling, once the word got out, that'd be the end of it. Not the end of Jet Skis but it would be the end of what you see out there now in terms of the general sort of cavalier approach. As a resident this will tell you, that's got to be one of the most dangerous lakes around. Especially on a weekend. So I'd like to see us go about trying to identify a public safety part time person that we could put out there on the weekends and maybe other high use times that would tell them. If they didn't change, would have them removed from the lake. Could always call the County. They're pretty good about responding when they get a specific call but they'll be real quick to tell you that with, do they have two boats now or one? Mayor Chmiel: The County? Councilman Boyt: Yeah. • Mayor Chmiel: I've seen one. Councilman Boyt: Well I know they have one. I think they have w Y two but we have 7 lakes alone and they have a lot bigger area than Chanhassen to deal with so they've been responsive but I think they're overwhelmed and I think for probably somewhere in the neighborhood of $500.00 or $600.00, we could get the word out that Lotus Lake wasn't a place to go if you wanted to be careless on your Jet Ski. 1 Councilman Johnson: One of the main things we need there of course is a boat which brings in some of the homeowners. The boat our Fire Department has is not going to exactly impress anybody. Or chase anybody down. I think that's a good 8 II idea but I'm not sure if this is the proper place to actually discuss it since I want to take action on this item tonight and in Visitor's Presentation we don't . IMayor Chmiel: No, we can't on this particular part right now. Councilman Boyt: Okay. Are you proposing we wait until 7(a)? Councilman Johnson: Right. It's fairly quick stuff inbetween hopefully. Mayor Chmiel: I know what you're saying. I sat on the lake a week ago last Sunday and just coincidentally the Sheriff's patrol came over to our boat and checked for life preservers, fire extinguisher. Everything. Councilwoman Dimler: Is this Lake Lucy? Mayor Chmiel: Pardon? Councilwoman Dimler: On Lake Lucy? On your lake, Lake Lucy? Mayor Chmiel: Oh no. On Lotus. I did that specifically. And I did watch the ' action on that lake. There were a lot of skiers that had been going. There weren't any Jet Skis on it that particular day but just as we were leaving, there was a Jet Ski coming on so I'm aware of some of it and of course previous, last year in going down and requesting a few of the people that were using Jet Skis to be in conformance with what our ordinances basically are and they weren't aware. And I think as I'm mentioned, they were from Excelsior and Minnetonka so they had no idea as to what it is and what it consistented of. SO ' I would suggest then as mentioned already, that we hold off on this until item 7. ' B. PETITION FOR COMPLETION OF BIKE PATH BETWEEN SADDLEBROOK AND MEADOW GREEN PARK. Colleen Murphy: My name is Colleen Murphy. I live at 910 Saddlebrook Pass. ' When my husband and I bought our house 2 years ago we were told that a bike path would be going in teat would link our neighborhood with Meadow Green Park. I and many of our neighbors looked forward to that because there was no paved ' access to get to the park. No way for kids on bikes or mothers pushing strollers to get to the park and that's why I brought forth a petition with 44 signatures asking that we can move this forward. That's all I have to say. ' MayorChmiel: Okay, thank you. Any questions? Councilman Johnson: Does anybody know the status of this path? Mayor Chmiel: Yeah, I don't. ' Councilman Johnson: When it's scheduled to be put in? Mayor Chmiel: Or where at all? Councilwoman Dimler: Was it on the original plans, yes. 9 • 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, PA. Attorneys at Law Thomas J. Campbell Roger N. Knutson (612)456-9539 I Thomas M. Scott Fax(612)456-9542 Gary G. Fuchs James R. Walston Elliott B. Knetsch Gregory D. Leis July 24, 1990 RECEIVED Dennis J. Unger JUL 2 51990 I CITY OF CHANHASSEN Mr. Don Ashworth Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Watercraft Operation II Dear Don: I Enclosed is a copy of the current watercraft operation statute. The 1990 legislature repealed Chapter 361 and enacted II Chapter 86B. The information distributed at the last City Council meeting has been superceded. Please call me if you have any questions. Very truly yours, I CAM-BELL, KNUTSON, SCOTT II 111111 Roger N. Knutson I RNK:srn Enclosure II II I II II I Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 • - Elk 31111111 NM EN MI In In Art,tit LE TAE 39 1990 REGULAR SESSION Ch. 1 Art ti applicable municipal building codes and zoning ordinances where the marinas are located; comply with this paragraph does not affect the validity of the rules or a conviction for [378.32 a.3] -violation of the rules. d (3)regulate the construction,installation and maintenance of permanent and temporary (f) The cost of publishing rules and of marking and posting waters under this docks and moorings in a manner consistent with state and federal law,permits required subdivision shall be paid bye counties affected b the rules as a y apportioned by the 1..1 ". under chapter 103G,and sections 5 and 6; [378.32 s 4] commissioner. (4)except as provided in subdivision 6 regulate the to use the body of water and set access fees; (378.321 .6j and size of watercraft allowed (g) Regulations or ordinances relating to the use of waters of this state enacted by a *' local governmental unit before January 1, 1972�shall continue in effect until repealed by (5)subject to subdivision 6,limit the y of water, [378.32 a.7] types and horsepower of motors used on the body the local governmental unit or superseded by a rule of the commissioner adopted under this subdivision. [361.26 a.g) (6)limit the use of the body of water at various times and the use of various parts of Sec. 11. [8613.2111 WATER SAFETY RULES. the body of water, [378.32 s.8] The commissioner shall adopt rules and publish the rules in the manner prescribed in (7) regulate the speed of watercraft on the body of water and the conduct of other section 97A.051,subdivision 3,that relate to: activities on the body of water to secure the safety of the public and the most general i1)the application for, form,and numbering of watercraft licenses;, public use; and[378.32 s.9] (21 the size, form, reflectorized material, and display of watercraft license numbers, (8) contract with other law enforcement agencies to police the body of water and its which must comply with the requirements of the federal watercraft numbering system; shore. [378.32 s. 101 (3)placement and regulation of docink piers,buys,mooring or marking devices,and Subd. 6. PUBLIC ACCESS RESTRICTIONS. The county board must allow the other structures in the waters of this state; same types and sizes of watercraft and horsepower of motors to access and enter the lake (4)rules of the road for watercraft navigation; or water body as are generally allowed to be operated on the lake or water body. Special _su(r5ibi:tandards for equipment used in the towing of persons on water skis,aquaplanes, use exceptions that are not dependent on Lakeshore or property ownership may be granted by Permit. (378.321) ]s,saucers,and other devices; e Snbd. 7. COUNTY ACQUISITION OF PUBLIC ACCESS. A county board may (6) standards for lights, signals, fire extinguishers, bilge ventilation, and lifesaving 'acquue b purchase,gift,or devise land for public access to a lake or stream and may equipment; •• improve the land as a park or playground if the land is less than ten acres and iss (7)standards of safe load and power capacity; contiguous to the meander line of a navigable lake or stream wholly or partly within the (8)accounting,procedural,and reporting requirements for county sheriff; county and not entirely within the corporate limits of a city. [378.08] (9)designation of swimming or bathing areas; . Subd. 8. ADVISORY ASSISTANCE. The county board may invite any municipal (10) council of town board or the soil and water conservation district board of supervisors or standards of safety for watercraft offered for rent,lease,or hire; • watershed district board of managers to des grate a representative to advise and consult (11)the use of surface waters of this state by watercraft as_provided and in accordance with the county board on water use regulation and improvement. [378.33] section 10,subdivision 9,paragraphs(c)and(d),including: 1 . Subd.9. WATERCRAFT USE RULES FOR LOCAL WATERS. (a)On request of a (i) standards and criteria for resolving conflicts in the use of water surfaces by i county ,city, or town the commissioner may after determining it to be in the public watercraft, - - r interest, establish rules relating to the use of watercraft on waters of this state that ii)procedures for dealing with_problems involving more than one local governmental border upon or are within, in whole or in part, the territorial boundaries of the u � _ 4 governmental unit. (iii)procedures for local enforcement; and 1 (b)The rules shall be established in the manner provided by sections 14.02 to 14.62,but (iv)procedures for enforcing the restrictions in section 10,subdivision 9,paragraph(c); may not be submitted to the attorneygeneral nor filed with the secretary of state until and first approved by resolutions of the county boards of a majority of the counties affected f12) other rules determined by the commissioner to be necessary to implement the I; by the proposed rules. (c)The rules may restrict provisions of this chapter. [361.25] • (1)the type and size of watercraft and size of motor that may use the waters affected WATERCRAFT OPERATION by the rufe; (2)the areas of water that may be used by watercraft; ' Sec.12. [86B.3011 WATERCRAFT LICENSES REQUIRED. _ (3)the speed of watercraft; Subdivision 1. REQUIREMENT. Except as provided in subdivisions 2 and 3, a (4)the times permitted for use of watercraft; or person ma not operate or give permission for the operation of a watercraft that requires (5)the minimum distance between watercraft a wa t license on the waters of this state unless: (1)a watercraft license for the watereraft has been issued and is valid during the period (d)When establishing rules the commissioner shall consider the physical characteristics of operation; of the waters affected,their historical uses shoreland uses and classification,and other (2)the license number is affixed to the watercraft as prescribed by the commissioner, features unique to the waters affected by the rules. and . (e)The commissioner shall inform the users of the waters of the rules affectin them at (3) a valid registration sticker is affixed to the watercraft as prescribed by the least two weeks before the effective date of the rules by distributing copies of tile rules commissioner. [361.03 a. 1,a. 21 and by posting of the public accesses of the waters. The failure of the commissioner to Subs.2. EXEMPTIONS. A watercraft license is not required for. • - 274 Additions In tat are Indicated by underling dilutions by aiikesutu- addition in tat an indicated by di idNae by saiieeele- 275 ..: Ch. 391 76th LEGISLATURE ' 1990 REGULAR SESSION Ch. 391 Art.9 Alt 9 (1)a watercraft that is covered by a license or number in full force and effect under Subd. 4. SWIMMING OR BATHING AREAS. A person may not operate a water- '. federal law or a federally approved licensing or numbering system of another state and craft within a water area that has been marked off or set aside as a swimming or bathing ..� has not been within this state for more than 90 consecutive days,which does not include area as prescribed by the commissioner's rules. [361.08] f: days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior Subd.5. RIDING ON GUNWALES OR DECKING. A person may not ride or sit and : port,or another port in the state; may o a person a motorboat while a y not operate p person is riding or sitting on the starboard p)a watercraft from a country other than the United States that has not been within or port gunwales,the decking ver the bow,or transom of a motorboat while underway, ,`j.:. ' this state for more than 90 consecutive days, which does not include days that a unless the motorboat is provided with adequate guards or railing to prevent passengers watercraft is laid up at dock over winter or for repairs at a Lake Superior port,or another from falling overboard. [361.11] • port in the state; Sec. 15. [86B.315] TOWING PERSON ON WATER SKIS OR OTHER DEVICE. (3)a watercraft owned by the United States,a state,or a political subdivision of a state, Subdivision 1. OBSERVER OR MIRROR REQUIRED. A person may not operate a • except watercraft used for recreational purposes; person on water skis, an aquaplane, a t i.. es watercraft on waters of this state and tow a (4)a ship's lifeboat; surfboard,a saucer,or a similar device unless: y (5) a watercraft that has been issued a valid marine document by the United States government; ( (1) there is another person in the watercraft in addition to the operator who is in a position to continually observe the person being towed; or (6)a duck boat during duck hunting season; ■ (2)the boat is equipped with a mirror providing the operator a wide field of vision to the (7)a rice boat during the harvest season; rear. [361.09 s. 1] (8)a seaplane; and Subd.2. NIGHT SKIING OR TOWING PROHIBITED. A person may not be towed (9)a nonmotorized watercraft nine feet in length or less. [361.03 s. 12; 361.02 5. 7] or operate a watercraft towing a person on water skis, an aquaplane, a surfboard, a Subd. 3. TEMPORARY CERTIFICATE. A person may operate a watercraft and saucer or another device on waters of this state from one hour after sunset to sunrise of pi the following day. [361.09 a.2] allow another_person to operate a watercraft for which a temporary license certificate has Sec. 16. [86B.321I NOISE LIMITS. \ _been issued during the period the certificate is valid. [361.03 a. 14] - V Sec. 13. [8615.305]YOUTH OPERATORS. Subdivision 1. OPERATION IN EXCESS OF NOISE LIMITS PROHIBITED. A • Subdivision 1. UNDER AGE 13. Except in case of an emergency a person under a person may not operate a motorboat under a condition of load acceleration,or decelera 13 may not operate or be allowed to operate a watercraft propelled by a motor with a tion in a manner that exceeds the noise limits contained in subdivision 2. [361.17 s. 2] ,. factory rating of more than 24 horsepower unless there is present in the watercraft in Subd. 2. NOISE LIMITS. (a)The noise limits for the total noise from the marine addition to the operator,the operator's parent or legal guardian,or at least one person of engine or motorboat may not exceed: , the age 18 or older. [361.055] (1) for marine engines or motorboats manufactured before January 1, 1982, a noise• Subd.2. AGE 13 TO 17; PERMIT REQUIRED. Except as provided in this subdivi- level of 84 decibels on the A scale measured at a distance of 50 feet from the motorboat Sion, a person age 13 or older and younger than age 18 may not operate a motorboat or equivalent noise levels at other distances as specified by the commissioner; and powered by a motor over 24 horsepower without possessing a valid watercraft operator's (2)for marine engines or motorboats manufactured on or after January 4 1982,a noise permit from this state or from the operator's state of residence,unless there is a person level of 82 decibels on the A scale measured at a distance of 50 feet from the motorboat e 18 or older in the motorboat. [361.041 s.2] or equivalent noise levels at other distances as specified by the commissioner. Subd.3. OWNERS MAY NOT ALLOW CERTAIN USES. An owner of a watercraft (b)The noise limits in paragraph(a)do not preclude enforcement of other laws relating{ may not allow a watercraft to be operated contrary to the provisions of subdivision 2. to motorboat noise. [361.17 s.6] 1:i 1361.041 s.31 Subd.3. APPLICABILITY. The provisions of this section do not apply to motorboats Sec. 14. [86B.311]GENERAL RULES FOR OPERATION. ' _. - operating under a permit issued under section 7 or a United States coast guard marine Subdivision 1. SAFE OPERATION. A person may not operate or allow the opera- event rmit in a regatta,or race,while on trial runs or while on official trials for speed don of a watercraft or use a device relating to the use of the watercraft: records the time and in the designated area authorized by the permit. [361.17 s.7] , (1) in a careless or heedless manner in disregard of the rights or safety of others; Sec. 17. [86B.325]DISCHARGE FROM MARINE TOILETS PROHIBITED. (2)in a reckless or grossly negligent manner that causes personal injury to another or (a) A person owning or operating a watercraft or other marine conveyance on the damage to the property of another, waters of this state may not use;operate,or allow the use or operation of a marine toilet (3)upon the waters of this state without the equipment required by this chapter and the or similar device for the disposition of sewage or other wastes,unless the toilet wastes rules adopted under this chapter; or are retained for disposition on land by means of facilities constructed and operated in (4) that is loaded with passengers or cargo beyond the watercraft's safe carrying accordance with rules adopted by the state commissioner of health and approved by the f capacity,or is equipped with a motor or other pollution control agency_ - propul�ion machinery beyond the water- . ; - . craft's safe power capacity. [361.05] (b)A person may not - . - Subd. 2. OBSTRUCTION TO NAVIGATION. A person may not operate'a water. (1)discharge sewage or other wastes into the waters of this state directly or indirectly craft in a manner that obstructs or tends to obstruct normal and ordinary navigation on from a watercraft or other marine conveyance; or ;,;i •the waters of this state. [361.07] (2) place, leave, discharge, or cause to be placed, left, or discharged a container of Subd. 3. UNAUTHORIZED MOORING PROHIBITED. A person ma not moor, sewage or other wastes into waters of this state by a person whether or not the owner, attach or hold in any manner a watercraft to a buoy or any other marking device or guide operator,guest,or occupant of a watercraft or other marine conveyance. •- placed in the waters of this state pursuant to lawful authority. This subdivision does not (c)Toilets must be sealed or otherwise rendered inoperative so that human or other apply to a mooring buoy. [361.07] waste cannot be discharged from the toilet into waters of this state. [361.29 s. 1] 276 Addition Is bad so bdleated by sadNOng ddstloms by salbsssts- Additions In test ars Indicated by snderline; deletions by skikuMt 277 MN .i .. .. • .. - .. - MI .. - .. .. I I .. - O. Ch. 391 76th LEGISLATURE 1990 REGULAR SESSION Ch. 391 :: Art 9 Alt.sa Sec.18. [86B.331]OPERATION WHILE USING ALCOHOL OR DRUGS OR WITH (c) Evidence of the refusal to take a preliminary screening test required under a A PHYSICAL OR MENTAL DISABILITY. subdivision 3 or a chemical test required under section 19 is admissible into evidence in a a Subdivision 1. ACTS PROHIBITED. (a)A person may not operate or be in physical prosecution under this section. control of a motorboat in operation on the waters of this state while under the influence (d)This subdivision does not limit the introduction of other competent evidence bearing of: upon the question of whether or not the person violated this section, including results (1) alcohol, as provided in section 169.121, subdivision 1, paragraphs (a) and (d); obtained from partial tests on an infrared breath-testing instrument. A result from a (2) a controlled or other substance, as provided in section 169.121, subdivision 1; or partial test is the measurement obtained by analyzing one adequate breath sample. A sample is adequate if the instrument analyzes the sample and does not indicate the (3) a combination of any two or more of the elements named in clauses (1) and (2). sample is deficient.[361.12 s.4] (b) Aq owner or other person having_ charge or control of a motorboat may not Subd. 5. PENALTIES. (a)A person who violates a prohibition contained in subdivi- authorize or allow an individual the_person knows or has reason to believe is under the ' sion 1 is guilty of a misdemeanor, except that a person who violates a prohibition influence of alcohol or a controlled or other substance,as provided under paragraph(a),to contained in subdivision 1 within five years.of a prior conviction under that subdivision or operate the motorboat in operation on the waters of this state. civil liability under section 19, subdivision 2, or within ten years of two or more prior (c) An owner or other person having charge or control o of a motorboat may not convictions under that subdivision or civil liability under section 19,subdivision 2,is guilty knowingly authorize or allow a pe of a gross misdemeanor. The attorney in the jurisdiction where the violation occurred on,who by reason of control cal or mental disability is motorboat,to operate the motorboat in operation on the waters who is responsible for prosecution of misdemeanor violations of this section is also incapable of operating the of this state. 1361.12 n. II responsible for prosecution of gross misdemeanor violations of this section. (d) For purposes of this subdivision, a motorboat "in operation" does not include a (b)A person who operates a motorboat on the waters of this state during the period the motorboat that is anchored,beached,or securely fastened to a dock or other person is prohibited from operating any motorboat or after the person's motorboat mooring, permanent operator's permit has been revoked, as provided under subdivision 6, is guilty of a Subd. 2. ARREST. Conservation officers of the department of natural resources misdemeanor. [PEN s.5] itti . sheriffs, sheriff's deputies,and other peace officers may arrest a ` Subd. v 6. SUSPENSION AND REVOCATION OF OPERATING PRIVILEGES. Y person for a violation Upon conviction,and in addition to an penalty imposed under subdivision 5,the person is under subdivision 1 without a warrant upon probable cause if the e v on was commit- prohibited from operatin anyy motor at on the waters of this state for a period of 90 ted in the officer's presence. If the violation did not occur in the officer's presence, the days between May 1 an ctober 31,extending over two consecutive years if necessary. officer may arrest the person if the person was involved in a motorboat accident resuting . hi death,personal injury,or property damage. [36112 s.2] (b)A person with a motorboat operator's permit 13 years of age or older but less than Subd. 3. PRELIMINARY SCREENING TEST. (a) If an officer authorized under 18 years of age and who violates any prohibition contained in subdivision 1 shall have the subdivision 2 to make arrests has reason to believe from the manner in which a permit revoked by the commissioner as required by section 39,subdivision 2,in addition to Freon is any other penalty imposed by the court. [361.12 s.6] operating, controlling, or acting upon departure from a motorboat or has operated or been in control of a motorboat, that the operator may be violating or has violated Subd.7. DUTIES OF COMMISSIONER. The court shall promptly forward copies of . subdivision 1, paragraph (a), the officer may require the operator to provide a breath all convictions and criminal and civil penalties imposed under subdivision 5 and section 19 sample for a prelimmary screening test using a device approved by the commissioner of subdivision 2 to the commissioner. The commissioner shall notify the convicted person of public safety for this purpose. the period when the person is prohibited from operating a motorboat as'Provided under (b1 The results of the preliminary • test shall be used for the purpose of subdivision 6 or section 19, subdivision 2. The commissioner shall also periodically de(!)T whether an arrest should r made ni rest shall b and used whether te circulate to appropriate law enforcement agencies a list of all persons who are prohibited chemical tests authorized in section.19`but may not be used in a court action require the from pursuant to u ivi motorboat or have had their motorboat operator's permits revoked. I prove that a test was properly required of an operator pursuant to section 19. pursuant to subdivision 6 or section 19,subdivision'2. [361.12 s.7] cc) Following the preliminary_screeniea test, additional tests may Subd.8. GOVERNMENT IMMUNITY FROM LIABILITY FOR BOAT CARE. The operator as provide under section 19. required of tLe state or political subdivision that is the employer of an officer authorized under su ivr sion 2 to make an arrest for violations of subdivision 1 is immune from any liability,civil (d)An operator who refuses a breath sample is sub4'ect to the provisions of section 19 or criminal,for the care or custody'of the motorboat being operated by or in the physical unless,in compliance with that section the operator submits to a blood, breath,or urine control of the person arrested if the officer acts in good faith and exercises due care. test to determine the presence of alcohol or a controlled.substance. [361.12 s. 3] [361.12 s.8] .- - . - - Subd.4. EVIDENCE. (a)Upon the trial of a prosecution arising out of acts alleged Sec.19. [86B.335]TESTING FOR ALCOHOL AND CONTROLLED SUBSTANCES. to have been committed by a person arrested for operating or being in physical control of Subdivision 1. CHEMICAL TESTING. A person who operates or is in physical a a motorboat in violation of subdivision 1 paragraph(a),the court may admit evidence of control of a motorboat in operation on the waters of this state is required subject to the the amount of alcohol or a controlled substance in the person's blood,breath,or urine as • provisions of this section to take or submit to a test of the person's blood,subject or shown by an analysis of those items. urine for the purpose of determining the presence and amount of alcohol or a controlled (b)For the purposes of this subdivision: substance. A motorboat"in operation" does not include a motorboat that is anchored, • (1)evidence that there was at the time an alcohol concentration of 0.05 or less is prima beached,or securely fastened to a dock or other permanent mooring. The test shall be fact)evidence that the person was not under the influence of alcohol; and administered at the direction of an officer authorized to make arrests under section 18, subdivision 2. Taking or submitting to the test is mandatory when requested by an ' (2)evidence that there was at the time an alcohol concentration of more than 0.05 and officer who has probable cause to believe the person was operating or in physical control less than 0.10 is relevant evidence in indicating whether or not the person was under the of a motorboat in violation of section 18, subdivision 1, paragraph (a), and one of the influence of alcohol. - following conditions exist: 278 Additions in bet sin Indicated by underline; deletions by turbine.- Additions In test m Indicated by underline; deletions by*Meets- 279 I Ch. 391 76th LEGISLATURE 1 1990 REGULAR SESSION Ch. 391 Art 9 Art.9 (1)the person has been lawfully placed under arrest for violating section 18,subdivision trial court in the county where the incident occurred which gave rise to the test demand 1,paragraph(a); and refusal, together with roof of service of a cop on the commissioner and the (2)the person has been involved in a motorboat accident resulting in property damage, prosecuting_authority for misdemeanor offenses for the jurisdiction in which the incident personal injury,or death; occurred. A responsive pleading is not required of the commissioner of natural re- (3)the Qerson has refused to take the preliminary screening test provided for in section sources,and court fees may not be charged for the appearance of the representative of 18,subdivision 3; or the commissioner in the matter. (4)the screening test was administered and recorded an alcohol concentration of 0.10 or (b The petition must be captioned in the name of the person making the petition as more. (361.121 a. II petitioner and the commissioner as respondent. The petition must state specifically the Subd.2. REFUSAL TO TAKE TEST. (a)If a person refuses to take a test required grounds upon which the petitioner seeks rescission of the order imposing sanctions. under subdivision 1,a test is not to be given,but the officer authorized to make arrests • (c) The filing of the petition does not stay the revocation or prohibition`against under section 18, subdivision 2, shall report the refusal to the commissioner of natural operation of a motorboat. However,the filing_of a petition stays imposition of the civil resources and to the authority having responsibility for prosecution of misdemeanor penalty. The judicial review shall be conducted according to the rules of civil procedure. offenses for the jurisdiction where the incident occurred that gave rise to the test demand [361.121 s.2b1 and refusal. Subd. 5. HEARING. (a)A hearing under this section must be before a municipal, (b)On certification by the officer that probable cause existed to believe the person had county,or unified court judge in the county where the incident occurred which gave rise been operating or in physical central of a motorboat while under the influence of alcohol to the test demand and refusal. The hearing must be to the court,and may be conducted or a controlled substance and that the person refused to submit to testing,the commis- at the same time as hearings upon pretrial motions in the criminal prosecution under sioner shall impose a civil penaltj!of$500 and shall prohibit the person from operating section 18. The hearing must be recorded. The commissioner must be represented by any motorboat on the waters of this state for a period of one year. If the person refusing the rosecuting authority for misdemeanor offenses for the jurisdiction in which the to submit to testing is under the age of 18 years at the time of the refusal,the person's incident occurred which gave rise to the test demand and refusal. watercraft operators permit shall be revoked by the commissioner as set forth in this (b)The hearing must be held at the earliest practicable date and in any event no later subdivision and a new permit after the revocation must be issued only after the person than 60 days following the filing of the petition for review. The reviewing court may successfully completes a watercraft safety course. order a temporary stay of the balance of the prohibition or revocation if the hearing has (c)On behalf of the commissioner,an officer requiring a test or directin• the adminis- not been conducted within 60 days after filing of the petition,upon the application of the tration of a test shall serve on a person who refused to permit a test immediate notice of petitioner and upon terms the court deems proper. intention to impose the civil penalty set forth in this subdivision,to prohibit the operation (c)The scope of the hearing must be limited to the issues of: of motorboats, and to revoke a watercraft operator's permit. The officer shall take a watercraft operator's permit held by the person (1)whether the officer had probable cause to believe that the person was operating or � commissioner along with the certification provided f and shall send the permit to the (for in this subdivision. If the officer in physical control of a motorboat in violation of section 18; fails to serve a notice of intent to revoke, the commissioner may notify the person by (2)whether one of the conditions in subdivision 1 existed; ., mail,and the notice is deemed received three days after mailing. The notice must advise (3)whether the person was informed as prescribed in subdivision 6; and the person of the right to obtain administrative and judicial review as provided in this (4)whether the person refused to submit to testing. • section. The prohibition and revocation if any,shall take effect ten days after receipt of the notice. The civil penalty is imposed on receipt of the notice,and shall be paid within (d) It is an affirmative defense for the petitioner to prove that, at the time of the i 30 days of imposition. . refusal, the petitioner's refusal to permit the test was based upon reasonable grounds. (d)A person who operates a motorboat on the waters of this state during the period the (e) The court shall order that the prohibition or revocation be either sustained or f person is prohibited from operating a motorboat as provided under paragraph(b)or(c)is rescinded,and shall either sustain or rescind the civil penalty. The court shall forward a guilty of a misdemeanor. [361.121 s.21 . . copy of the order to the commissioner. (361.121 s.2c1 Subd. 3. ADMINISTRATIVE REVIEW. (.e) At any time during the period of Subd.6. RIGHTS AND OBLIGATIONS. At the time a test is requested,the person prohibition or revocation imposed under this section,the person may request in writing a must be informed: - review of the order imposing sanctions under this section. If the person makes a request (1)that Minnesota law requires a person to take a test to determine if the person is for administrative review within 30 days following receipt of a notice and order imposing • under the influence of alcohol or a controlled substance; sanctions the request shall stat imposition of the civil penalty. Upon receiving the dr)that a person is subject to a civil penalty of$500 for refusing to take the test and in uest for review, the commissioner or the commissioner's designee shall review the order, addition, the person is prohibited from operating any motorboat, as provided under order the evidence upon which the order was based, and other material information t brought to the attention of the commissioner, and determine whether sufficient cause subdivision 2,for refusing to take the test; exists to sustain the order. .. (3)that if testing is refused it will not affect the person's motor vehicle driver's license; (b)Within 15 days after receiving the request,the commissioner shall issue a written (4) that if the test is taken and the results indicate that the person is under the report ordering that the prohibition revocation or civil penalty be either sustained or influence of alcohol or a controlled substance the person will be subject to criminal rescinded. The review Rrovided in this subdivision is not subject to the contested case . penalties and in addition to any other penalties the court may impose, the person's provisions of the administrative procedure act under chapter 14. The availability of operating pnvileges will be suspended as provided under section 18, subdivision 6, administrative review does not have an effect upon the availability of judicial review paragraph(a); under this section. 1361.121 s. 211] ._ . . (5)that, after submitting to testing,the person has the right to have additional tests Subd.4. JUDICIAL REVIEW. •(a)Within 30 days followin receipt of a notice and made by someone of the person's own choosing; and ma —noosing e i sanctions under this section,a,erson may petition the court for review. (6)that a refusal to take a test will be offered into evidence against the person at trial. The petition must be filed with the court administrator of the county,municipal,or.unified (361.121 s 31 280 Additions In text ire Indicated by underline, deletions by etribeet. Additions In text are Indicated by underline; deletions by,Mkeesb 281 NM — MI r MN MI MN — — MI Ma — — — MO MN as um pm li Ch. 391 . 76th LEGISLATURE - r Art.a 1990 REGULAR SESSION Ch. 391' Art 9 Subd.7. REQUIREMENT OF URINE TEST. Notwithstanding subdivision 1,if there »*' are reasonable and probable grounds to believe there is impairment by a controlled person or in damage to property shall if possible without serious danger to the I., watercraft or the persons aboard, immediately stop at the scene of the accident or r,i substance which is not subject or testing by a blood been breath nest, a a urine test may be incident and render assistance as may be practicable and necessary. d,i required even after a blood or breath test has been administered. (361.121 a. 4] Subd. 8. BREATH TEST USING AN INFRARED BREATH-TESTING INSTRU- (b) The operator must give the operator's name, address and license number of the f MEN' -In the case of a breath test administered using an infrared breath-testing watercraft and the name and address of the owner of the watercraft to the person injured I'• or the operator or occupants of the other watercraft or owner or occupant of the property instrument, the test shall consist of analyses in the following sequence: one adequate p Involved. The operator must promptly report the accident or incident to the sheriff of the breath sample analysis,one calibration standard administered is in a second adequate breath county where the accident or incident occurred. Sheriffs are required to report all sample analysis. In the case of a test administered using an infrared breath-testing accidents and incidents to the commissioner of natural resources, who shall transmit -, instrument, a ram le is adequate if the instrument analyzes the sample and does not indicate the sample is deficient. For purposes of this section,when a test is administered 1]tistcs on boating accidents and incidents to the United States Coast Guard. [361.13 a. 'i' using an infrared breath-testing instrument,failure of a person to provide two separate adequate breath samples in the proper sequence constitutes a refusal to take the test. Subd.2. OWNER'S AND OPERATOR'S LIABILITY. (a)The owner and operator of 1361.121 a.5] a watercraft are jointly and severally liable for any injury or damage caused by the " Solid.9. CONSENT OF PERSON INCAPABLE OF REFUSAL NOT WITHDRAWN. negligent operation of a watercraft whether the negligence consists of a violation of the • A person who is unconscious or who is otherwise in a condition rendering the person provisions of the statutes of this state or neglecting to observe ordinary care in the incapable of refusal is deemed not to have withdrawn the consent provided by subdivision operation as the common law requires. The owner is not liable if the watercraft is being 1 and the test may be given. [361.121 e.6] operated without the owner's express or implied consent It is presumed that the Subd.10. MANNER OF MAKING TESTS. (a)Only a physician,medical technician, operation of a watercraft is with the knowledge and consent of the owner if at the time of the injury or damage the watercraft is under the control of the owner's spouse, father, gist,or laboratory.trained mobile intensive care paramedic registered nurse, medical technol a mother,brother,sister,son,daughter or other member of the owner's immediate family. gist,or laboratory.assistant acting at the request off a peace officer authorized to make " arrests under section 18 subdivision 2,may withdraw bleed for the purpose of determin- (13)This subdivision may not be construed to: ing the presence of alcohol or controlled substance. This limitation does not apply to the (1) relieve other persons from liability which the persons would otherwise have; or . taking of a breath or urine sample. The person tested has the right to have someone of (2) authorize or allow recovery in excess of the injury or damage actually incurred. the person's own choosing administer a chemical test or tests in addition to any [361.13 s.2] r administered at the direction of a peace officer, provided,that the additional test sample • % on behalf of the person is obtained at the place where the person is in custody,after the a ' test administered at the direction of a peace officer, and at no expense to the state. LICENSES 2, (b)The failure or inability to obtain an additional test or tests by a person shall not Sec.21. [868.401]WATERCRAFT LICENSES."'' preclude the admission in evidence of the test taken at the direction of a peace officer Subdivision 1. APPLICATION. (a) A person may apply to the commissioner of th t t" unless the additional test was prevented or denied by the peace officer. natural resources,the commissioner of Rublic safety,or an authorized deputy registrar of • (c)The physician medical technician,physician's trained mobile intensive care paramed motor vehicles to license a watercraft m a form as prescribed by the commissioner of ic, medical technolo•• t, laboratory assistant, or registered nurse drawing blood at the public safety. request of a peace of icer for the purpose of determining alcohol concentration shall in no pe i , The application must state the names and addresses of all owners of the watercraft manner be liable in any,civil or criminal action except for negligence in drawing the blood. signed by at least one owner. [361.03 a.2] I • The person administering a breath test shall be fu]lxr trained in the administration of - • breath tests pursuant to training given by the commissioner of public safety. [361.121 a. (c)The installation or presence of a marine toilet in a watercraft must be indicated by •J 7] the owner upon application for licensing of the watercraft or marine conveyance and a s'l license for watercraft bearing a marine toilet may not be issued except upon certification Subd. 11. PAYMENT OF CIVIL PENALTY. The civil penalty imposed under b the owner of the installation of an acceptable retention device for use with the marine ~� subdivision 2 must be paid to the political subdivision that represents the commissioner on X the petition for judicial review or,in the event that a petition is not filed to the political tot [36129 s.4] f`t, subdivision that would have represented the commissioner had a petition been filed. If a Subd. 2. TEMPORARY CERTIFICATE. A person who applies for a watercraft g•. person does not pay the civil penalty, the prohibition against operating_motorboats is license may be issued a temporary license certificate to operate the watercraft The automatically extended until thepolitical subdivision reports in writing to the commission- temporary license certificate is valid for the period of time specified by the commissioner. .. er that the penalty has been paid. (361.121 a.81 - - - __ [361.03 a.14] . Subd.12. ENFORCEMENT OF CIVIL PENALTY. (a)If a person does not pay the Subd.3. LICENSING. The license agent shall register the watercraft on receiving an r: civil penalty imposed under subdivision 2 within 30 days of the time the penalty was app ic`l ca onti and the license fee. A license and registration sticker with a registration imposed the prosecuting authority representing, the commissioner may petition the number shall be issued and must be affixed to the watercraft as prescribed by the municip�Lcounty,or unified court in the jurisdiction where the incident occurred to file commissioner of natural resources. (361.03 s 1,s 2] . s the order imposing the civil penalty as an order of the court. Subd.4. LICENSE NUMBER. Each watercraft must be assigned a license number. Y' (b)Once entered the order may be enforced in the same manner as a final'judgment of The—license number assigned a watercraft shall remain the same if continually renewed. the court. In addition to the penalty,attorney fees costs,and interest may be assessed The owner of a watercraft must purchase the watercraft license numbers assigned and against any person who fails to pay the civil penalty. [361.121 a.9] affix the license numbers as prescribed by the commissioner. [361.03 a. 1, a. 2] Sec. 20. (868.3411 DUTIES AND LIABILITIES AT ACCIDENT OR INCIDENT. Subd.5. LICENSE PERIOD. A watercraft license is valid for three calendar years Subdivision 1. OPERATOR'S DUTY AT ACCIDENT OR INCIDENT. (a)The opera- or a portion of the three-year period beginning in the calendar endar year of the license ear the license is issued. tor of a watercraft involved in an accident or incident resulting in injury or death to a The watercraft license expires on December 31 of the last calperiod. [361.03 a.3,a.6] 282 Additions in tell are Indicated by ondeding deletions by eMlNede- Additions in text are indicated by underline; deletions by enaeents• 283 MN DNR BOAT SHFETY!IU TEL : 612-296-5735 Jul 19 ,90 12 :33 N6 .005 P.1 r Boat and Water Safety Section Minnesota Department Date Sent of Natural Resources 7-19-90 S00 Lafayette Road - Box 46 Number of Pages St. Paul, MN S5155-4046 Including This One (612) 296.3310 13 FACSIMILE TRANSMITTAL COVER SHEET TO: Scott Harr, Public Safety City of Chanhassen FROM: I Kim Elverum Boat and Water Safety Section I Minnesota Dept.of Natural Resources S00 Lafayette Road•Box 46 St. Paul, MN 5515S-4046 1 REMARKS/COMMENTS: • DAs we discussed OPlease reply • DAs you requested ONo reply necessary OFor your information OReview and reply by telephone OFor your approval OTake appropriate action i Scott: 1 have included a copy of the draft personal watercraft bill from the last session of the legislature along with our situation report. There very well may be changes in the 1991 proposal. A final version will be available this fall. We are receiving complaints on - personal watercraft from all over the state. In the Metro area we have received inquiries on regulation from several suburbs and we have encouraged all to contact their legislators I to urge support of statewide regulation. Any questions, give me a call at 296-3310. Thanks! 1 MN DNR BOAT SAFETY/I&E TEL : 612-296-5735 Jul 19 ,90 12 :33 No .005 P . • I . 1 r - Personal Watercraft 1 /n t Minnesota 1 1 A Situation Report 1 1 . 1 W, MN 1234 AB \J 1 1 ' Prepared by The Minnesota Department of Natural Resources 1 Boat & Water Safety Section S c ton 1 1 - - — .. . .... ........ a , V 4 L •d J 1 Y V .V V J r . . ' 1. • DRAF11 1 A bill for an act • 2 • relating to watercraft; providing additional regulation of II 3 the use and operation of personal watercraft; amending 4 Minnesota Statutes 1988, section 361 .02 , by adding 5 subdivisions; and proposing coding for new law in Minnesota II 6 Statutes, chapter 361. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: II 8 Section 1. Minnesota Statutes 1988, section 361. 02 , is 9 amended by adding a subdivision to read: I 10 Subd. 18. "Personal watercraft" means a motorboat less than 11 12 feet in length propelled by a water jet pump, which is 12 • -s1 .ned to o.erat- • b a • - so or • - ons sittia. stan- 'n- II13 or knelling on the craft rather than the conventions rlanner of 14 rotorboat operation. I 15 Sec. 2 . Minnesota Statutes 1988, section 361. 02, is amended 16 by adding a subdivision to read: I • - 17 Subd. 19. "Slow-no wake" means operation of a watercraft at 18 the slowest possible speed necessary to maintain steerage, but in I 19 - no case greater than five (5) miles per hour. I 20 Sec. 3. [361. 053) [PERSONAL WATERCRAFT REGULATIONS. ) 21 Subdivision 1. (GENERAL REQUIREMENTS. ) In addition to II 22 requirements of other laws relating to watercraft, it is unlawful 23 to operate or to permit the operation of a personal watercraft or II 24 to use any device relating to the use of a personal watercraft I 25 in the following ways: 26 (1) without each person operating or riding the personal I 27 watercraft wearing a United States Coast Guard approved 'wearable 28 personal flotation device; 11 29 (2) after sunset and before sunrise the following day; I 1 MN DNR BOAT-SAFETY/I8,E TEL : 612-296-5735 Jul 19 ,90 12 :33 No .005 P .0 11 I1 (3) within 150 feet of any shoreline, iff0Ae.t swimmer or 2 other watercraft, other than another a sonal watercraft at a3 greater than slow-no wake speed; 4 (4) to tow a person on water skis or other similar device; I 5 (5) without the lanyard being attached to the person, II6 clothing, or personal flotation device of the operator, if the 7 personal watercraft is equipped by the manufacturer with a I8 lanyard-type engine cutoff switch; 9 ,r,0 Afrf exKvg s ,axre'r XX0x me a'01103;.r I10 (7 6) to chase or harass wildlife; 11. (9' 7) to operate through emergent of floating vegetation at 12 other than a slow-no wake speed. 1.3 Subd. 2 . (AGE OF OPERATOR. ) Except in the case of an 14 emergency, no person under the age of 4' 11 years shall operate II15 or be permitted to operate personal watercraft,, regardless of 16 horsepower. It is unlawful for the owner of any personal II watercraft to permit the personal watercraft to be operated 17 P I18 contrary to this subdivision. 19 Subd. 3 . (OPERATOR'S PERMIT. ] Except in the case of an II20 emergency, . no person a y3 years of age or over, but less than I21 18 years of age shall operate a personal watercraft, regardless of p 22 o horsepower, without possessing a valid operator's permit as I23 provided in M.S. § 361.041. 24 Subd. 4. (DEALERS AND RENTAL OPERATIONS. ] (a) Dealers must I25 distribute a summary of the laws and rules governing operation of 26 personal watercraft and provide instruction to any purchaser I27 regarding ardin safe operation of the personal watercraft. The J44 17r7V 14 •JJ IVO .UUS P . II • • 1- 1 instruction provided by a dealer must include the laws and rules 2 governing personal watercraft, as well as the actual operation of 3 the personal watercraft itself. 4 (b) A person who offers personal watercraft for rent: 5 (1) may not rent a personal watercraft, regardless of the 1 6 horsepower. to any person who is less than 16 years of age, or 7 who is 16 years of age or over, but less that 18 years of age 1 8 and not in possession of an operator's permit required by this 9 section; 1 10 (2) is required to provide a summary of the laws and rules 1 11 governing the operation of personal watercraft and to provide 12 instruction regarding safe operation to any person renting a 1 13 personal watercraft. The instruction provided by a renter must 14 cover the laws and rules governing personal watercraft, as well 1 15 as the actual operation of the personal watercraft itself; and 1 16 (3) is required to provide .a United States Coast Guard 17 approved wearable personal flotation device for all persons who , 18 rent a personal watercraft, as well as all other required 'safety 19 equipment. 1 20 Sec. 4 . (EFFECTIVE DATE. ) 21 This act is effective 30 days after final enactment.- 1 • . 1 1 1 .1• MN DNR BOAT SAFETY7I&E TEL : 612-296-5735 , 3u1 19 .90 12 :33 No .005 P . a • . PERSONAL WATERCRAFT REGISTRATION INFORMATION I for MINNESOTA I I 1.Total Number Registered as of 9/5/89 - 4,407 I 2. Registration by Year (Using Extrapolation by Model Year) IYear No. Registered Year No. Registered Before 1974 22 1982 681 I 1974 55 1983 749 1975 63 1984 898 I 1976 115 1985 1 ,122 1977 182 1986 1,424 1978 295 1987 2,236 I 1979 469 1988 3,375 . 1980 546 1989* 4,407 I 1981 603 * 74 registrations had no model year and were added to the I 1989 total. 3.Reg istration by Manufacturer (Top 5) - MAIM so. Registered percent of Total Jet Ski 2,612 59.3 Yamaha 619 14.0 I Sea Doo 361 8.2 Wetbike 346 7.9 I Wetjet 222 5.0 . I • I . • yMN hNR BOAT SAFETY/IaE TEL : 612-296-5735 Jul 19 .90 12 :33 No .005 P il t • I I 8 ( VV, ,-\...k0,.\ \\%\ \'`,\.:\Av,,\\SI co I 0 v • r 1,\., \,\‘ \,, xxx,\.\ \w, 2 1 , , i, Mt% \ t3 • CD co cc .4.1 L \ v co o . 1 4-1 0 L 1 2 CO I V ot‘j cL6 0 C 1\11\x 1 CI) 412E a Iklu I CO C 11111 g . i I • IS P _ a I co . . t\ ,.... co „..„.. .c .„,,:„.„, -. :-. • . .:_,_,.._ _ . __.,...,,.._,...„._.. ., r„. 1 „........... ...•_ 1:. gt co t � CD 1 CD I 12 t CL to - .- 0 0 1 C'') N es 1--rozestvcioto et ' aD • C) 1 r EN um NE — r no ow r r as r NE ri r it r it In .. . 3 z • •• - z Personal Watercraft in Minnesota ° r _, , . „?..,,,,,,, . By Manufacturer op ,,,,,,, •.44„..4. , As of 9/5/89 m H 90 m -4 m ar1;`,..i�, ftk, 01 ,1 t'l,+,4f ,r ,rr.� ,y: other mtg 6% a, v f: � `•r I �fa>R a, ..,r Lrtt r+V?7,Ar 4 ; I t 1-+ Jet Ski 59� » ,�, .,r ...+ aM rM:;J t ,,rr 247 tv • + r' �■_ ,11.',1/,',t li t RAJ :11,,,. ..�_ :.•:::: Q1 2612 �r„� I , , a � _.�= �--=., ., +144101 I 1 FJ r'Y li t`,,, ,r , 1, z rt. , .1; ...K:=E:=.j: :u�: r g .:t.• J♦N.∎i#4,l/lb,r,dr'1 p■iA.1t,Gl ill Emory•^.+. NMI, `, r a rl}` Wet bike 8% ;r '4 6 j 1 LI A`. /� Sea Doo 8% iD 361 . ° w w Yamaha 14% z 0 MN DNR graphic - 619 0 0 cri 13 0 ___ MN DNR B'ORT SAFETY/I&E TEL : 612-296-5735 Jul 19 ,90 12 33 No .065 P .09 . I . . i k � t \\\\1\ \ , \ , � 111 � 1 '''\\‘`\\ \\ \ \ Q o o • 1 litl i JD .4-1 2 : . CO . Z • co 0 L ..., co 1.– : _ . .1. 0, -,..-..:..:.--3---:.., 1— 1 • a °� • • • Cie : R N O CO CO At N p I O CO - 1 N — i OM MN OM • E NM i = am Ns ma as am EN Os all • - _ . „ .. Personal Watercraft Total Registration vs Total Accidents • . E 1985 . ';4 c'', ;,; ':&;:.:,' ��„ 1122 , 1�;,,'bx ., 3 1986 1,424 ' 'E` `''' %��i 3 1987 s r �w. • / i 1988 3,375 y} 9 • I 1989 4x487 : � ' ' ;;/ i 1 1 I 1 1 1 1 1 1 1 r 1 6 5 4 3 2 1 0 2 4 6 8 10 12 14 16 • as of 9/89 Registration (1000's) Accidents , c,. w, LAKE MINNETONKA CONSERVATION DISTRICT NEWS;AI-Ibid./NOR 1C!):.;) NOO Contact: Gene Strommen June 6, 1990 473-7033 =2d 8 • l;lif 0661 SUBJECT: Personal Watercraft Ordinance for Lake Minnetonka , adopted, effective June 14, 1990 The Lake Minnetonka Conservation District (LMCD) has acted to bring a balance among personal watercraft (PWC) (jet ski) users and other persons enjoying the waters and shore of Lake Minnetonka, according to LMCD Chair Dave Cochran, Chair, Greenwood. A series of user group meetings and equipment noise level testing started in August, 1989. That was followed by a by public hearing, public committee and board meetings. The final ordinance resulted from its I adoption May 23 by the LMCD Board. DEFINITION. The ordinance defines a "personal watercraft"as a water- craft less than 14 feet in length which uses a motor powering a water jet pump, designed to be operated by a y person sitting, standing or kneeling on, rather than the conventional manner of sitting or standing inside, the 1 watercraft. HOURS. Hours of operation are limited to between sunrise and sunset. SPEED. Speed is limited to 5 miles per hour or a minimum wake within , 150 feet of any shoreline, swimmer, anchored boat, person fishing, mooring, dock or other water structure. ' OPERATION WITHIN 300 FEET OF SHORELINE. Operation between 150 and 300 feet of the shoreline is also limited to 5 miles per hour or a minimum wake • I . 1 (continued) 1 LAKE MINNETONKA CONSERVATION DISTRICT •4. 11 ' unless the PWC 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. AUTOMATIC CUT-OFF DEVICE. Automatic cut off device provided by the ' manufacturer must be used. The device must not be altered, disabled or ' removed. WAKE JUMPING. Jumping wakes of another watercraft is not allowed within 150 feet of that watercraft. CARELESS OPERATION. A PWC 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 trafficor swerving at the last possible moment to avoid collision shall constitute careless, reckless or grossly negligent operation. RENTAL. Persons renting a PWC are subject to age and operator permit require,usents. Minimum age for rental is 16 years. Rental agencies must provide summary of the laws governing the safe operation of PWC on ' Lake. Minnetonka. 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 II - 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. (continued) 1 1 TEL No . Jul 13 ,90 15 27 No .004 F .04 ;a LAKE MINNETONKA CONSERVATION DISTRICT PERSONAL FLOTATION DEVICE. A U.S. Coast Guard approved personal flotation, device must be worn by all persons operating or riding on a PWC. AGE OF OPERATION. State of Minnesota statutes govern operator a$e for PWC operation. State statute requires that, except in case of an emergency, no person under the age of 13 years shall operate or be ' permitted CO operate any personal watercraft over 24 horsepower unless there is present in the watercraft, in addition to the operator, at least one person of the age of 18 years or over. No person 13 years of age or over, but less than 18 years of age, may operate a PWC greater than 24 horsepower, without possessing a valid operators permit issued by the commissioner of Natural Resources, unless there is a person 18 years of age or over in the PWC. LMCD Lake Use Committee Chair Bob Pillsbury, Minnetonka, credits subcommittee chair Bert Foster, Deephaven, and the entire committee and board for their support of enacting this important regulation on behalf of maintaining a quality recreational experience on Lake Minnetonka. Complete copies of the ordinance are available through the LMCD, 402 E Lake' St, Wayzata 55391. 473-7033 • X X X • I I 1 I City Council Meeting - April 9, 1990 I . there's a wetland on my property, the general answer is well maybe but we'd really have to go out there because here's a wetland set of criteria. If we're out there we can tell you definitively or we can call Paul Burke or somebody of his to do that. But we do not have a comprehensive map so homeowners are at ' something of a disadvantage. If they try to follow-up, they can't do it very effectively. ' Councilman Boyt: Well given the number of wetlands in Chanhassen, I'd say your chances of having a map that has them all on it are pretty remote. Councilman Johnson: Have you talked to the mosquito control? You guys are ' going to get a letter from the Mosquito Control District. They claim they have every mosquito breeding site in eastern Carver County on that. The number was astounding. I happened to be here when it came in so I got mine a little early ' and you guys are going to get yours. I'd check with then. They may have some, because where mosquitoes breed are wetlands with the exception of forests. Councilman Boyt: That's not necessarily true. Councilman Johnson: Well tires and sandboxes and everything else but in general . ' Councilman Workman: I'd move approval of this. Councilman Johnson: Yeah. Actually I'll rove approval since I yanked it. Councilran.Workman: I'll second it. Councilman Johnson moved, Councilman Workman seconded to approve Wetland Alteration Permit for filling and alteration of Class A and B wetlands located on Lake Drive East, south of Highway 5 and east of Dakota Avenue as recommended by the City Manager. All voted in favor and the motion carried. COUNCIL PRESENTATIONS: WATER JET SRI COMPLAINT, COUNCILMAN JOHNSON. Councilman Johnson: I believe last year we said we were going to look at this and nothing really happened. Georgette came in on a Visitor's Presentation and ' we were going to follow up and there hasn't been a lot of follow-up yet. This is really a tough issue in that it's going to be probably be handled by federal regulations and stuff like that before we would be able to Hoch about it. The movement in a clockwise wanner or counter clockwise wanner around Lotus Lake may be part of her problem. Part of her problem is that jet skis like to run in tight circles at her property and then jump their own wakes. If we could construe the counter- clockwise requirement being that when you're, of course ' that's only if you're going over 15 rrph too and I don't know how fast a jet ski goes when they're doing these little circles. I would assume if you're doing tight circles, you're probably well under 15 trph. So that doesn't even count. I don't know haw to help her on this thing. ' Mayor Chmiel: Maybe Jim can. Jim Chaffee: Well Mr. Mayor in the interest of time, I think the City Manager had a, at lesat for the moment a pretty good suggestion and that's tabling this 1 58 City Council Meeting - April 9, 1990 1 . until such time as the LMCD comes up with some kind of finalization on their guidelines. I just noticed in a couple, several of the weekly papers that they did have a public hearing, I think it was on Saturday regarding this very issue. They're coming out with some real stringent restrictions and again, I don't know what the public hearing, what happened at the public hearing but at least for the moment I'd like to suggest that. Mayor Chmiel: I think that's probably something that we have to do. We need to look at other than the fact that the State of New Hampshire did ban them completely. I don't expect that's going to take place. I Councilman Johnson: Didn't we have a serious injury last year on Lake Riley with a jet ski? Jim Chaffee: Yes. I believe it was when one of the individuals was impaled.. Councilman Johnson: He was impaled on a dock post. Tried to jump the dock and didn't make it or something. Jim Chaffee: Right. ' Councilman Johnson: Major stupid move. Councilman Boyt: I would think that, this is about a life vest. Don't you 1 already have to have those on any water vehicle? Any water vessel? Jim Chaffee: Again, the DNR indicated that you did not. That was one of their suggestions to the legislature this year is to mandate the wearing of lifevests when you're operating these jet skis and they said the legislature wouldn't even look at it so I'm just assuming from what she told me, that it is not a requirement at this time. Councilmen Boyt: Is Hennepin County at 85 decibel limit? Is that why that's in there or is that a State limit? , Jim Chaffee: ' Well that again I don't know. That was what the gal from the DNR, Anita told me was what they were looking at. The LMCD now is looking to make their limit 79 so it could be a LMCD limit. It could be manufacturers PCA limit. I'm not sure about that. Councilman Boyt: Do the deputies have the authority to stop hazardous operation 1 on our lakes? • • Jim Chaffee: Yes they do. 1 • Councilman Boyt: So if they deem this tight circle sort of thing as hazardous, they could stop that? 1 Jim Chaffee: Yes they can. Councilman Boyt: One of the things in your comments about Georgette reminds me that we have so many ordinances, Tan will love this, that people don't know what they are. If you look at Section 6-48, it says that nobody can operate a 59 11 I II . City Council Meeting - April 9, 1990 • motorized vehicle within 100 feet of any shoreline without emerging straight in and straight out. Well clearly your observation of this jet ski, the guy must ' have been illegal . Councilman Workman•. The key is enforcement. ' Councilman Boyt: But I'm saying, we've got it here and I would venture that if we polled people, nobody knows it. ' Councilman Johnson: That also says or slow, no wake operation which again. Councilman Boyt: Well that rules these guys out. ' Councilman Johnson: Right. So you can troll the shoreline for fishing but you can't wateski the shoreline. ' Councilman Boyt: Like so many other things, we have a control mechanism in our ordinances. We just don't know about it. ' Councilman Johnson: We need to post that. • Mayor Chmiel: Well that'd be the only thing you could do. But how are you going to enforce it without something concrete to grab onto? ' Don Ashworth: Well we can put as part of the attendant being there ere mating sure that things such as the no wake and the circular movement is on that flyer. I ' personally think that it was from this last year but I'll double check and make sure that it is on there. Councilman Boyt: Isn't there a sign posted right by the boat launch that has all those on it already? Don Ashworth: I know it has as far as the removal of the weeds but I'm not sure about. . . Councilman Boyt: I think there are two signs there. One for the Eurasian water milfoil and the other one for the regulations on that particular lake because it's a little unusual that you'd have a lake where you can only go counter clockwise. ' Mayor Chrd el: • I know I went out there last year when they were having sane problems when I got a call from Georgette and we did quiet it after I talked to them but the following week it was right back to where it was. They weren't people from the community at all. They were people fran Minneapolis and Excelsior and Minnetonka. But anyway, I think that we probably should go by what the manager's camtients are to see what the IMC,D is going to do. Carrying out their extensive study regarding water jet skis. Can we somehow enforce that counter clockwise? ' Jim Chaffee: I've got a meeting with Gary Bankston from the Sheriff's Department on Wednesday and he will be the water patrol supervisor this year. And last year they were real responsive to all of our requests and I think last year we had fewer complaints than we have in the 3 years I've been here. 60 II City Council Meeting - April 9, 1990 I Councilman Boyt: Well the lake was different when they were there and when they were gone. And they were there quite often. Mayor Chmiel : Okay. I don't think we'll need a motion on this. Just to proceed with it. I Councilman Workman: So what are just going to wait and see? Mayor Chmiel : Well yeah. As Jim has indicated, he's going to talk with the new individual who's going to be on there. . .and try to curtail the problem that are existing. Councilman Johnson: Have Jim continue on and keep focused on this one. Jim Chaffee: I'm sure Georgette will make sure we keep focused. Thank you. Mayor Chmiel: I have a letter from the Chaska Boy's Basketball program which I presented some gifts to the players and this is fran Dennis Welder the coach. He said Mayor Chmiel and the City of Chanhassen. Cn behalf of the Chaska Boy's Basketball team coaching staff I want to say a special thanks for your kind and warm comments at our Sunday welcome have and also very appreciated. Thank you for the tickets to the Chan Dinner Theater to see the play Darn Yankees. We enjoyed the dinner and the play was delightful. It was an enjoyable night and we thank you for that wonderful gesture on your part. Thanks again. Sincerely,Welder. y, Councilman Boyt: How did we fund that? Mayor Chmiel: We funded it mostly from the Dinner Theater. Councilman Boyt: That's marvelous. ' Mayor Chmiel: Yes, and we are sending a thank you letter to them. Or has it already gone? Don Ashworth: It's already y gone. Mayor Chmiel: Good. I have another letter here from our fair Governor talking ' about last year's Minnesota Clean Rivers Project. Initiated statewide program called the Mayor's challenge in an effort to clean up waterways in and around our states and communities. Over 240 mayors indicated an interest in organizing clean-up efforts for their community and 56 cities actually participated. Hard work by these dedicated leaders really paid off. Nearly 400 tons of debris was removed from 287 miles of shoreline through an effort that involved 13,868 volunteer hours. That's a lot of hours. This year.we wanted to increase our efforts to include many more Minnesotans who are interested in .making their caTrre. ity a cleaner, healthier and more aesthetically pleasing place to live. What he is asking is that if we would like to participate in.this. We have a card to send in and I think on our Earth Day would be as good a time as .any to incorporate same of this in addition to what we have, if we :haven't already done so. So with that I would like you to take a look. I 61 • I . INDEX SAINT PAUL PIONEER MISS ; - V • . • CLOSE-UP . - . • I - • • • . . •James Taylor,a Siren,Wis.,bwyer,is- • , •••-:'.'. -... .v.:, •• -. 4,.., : -,13;.1.::,;:-.. ,:...., -.....,..4... J.,... ! .7 .,... • \ . ; ;.,(7.1 stout co be4xxne the first judge of t. , •A:,•. :i.'•'.. • American Indian descent that Wisonnsin 1- •,!...0 ,..,.. 0 has had in mere than a century. , ac ....6. 2-4:.:.44.1-4,) ,■,41,... y ,s4).:, - z, i 'eNltYis,to ;FA!.1 aV-17,-, 1 ,:.. 4-I; . • I 1.. If.....,:, .‘1,, *A.:,' .i.:„_,___. . „N , • , \ -rwarDAY ii,,, ..,-elt.V.?'..4 s S,13i r ...,,t. -% f: V Ii4.,s i4....4 • SECTION . 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"--3;--....;•:,. ...14z3-'- ---4----,--1-,-..••-•.-.4-i-1;-,-,-4,-.,-..•-14-4 GARDNER auffiverts. • 7.*I'‘.;"•11 • - ."1:";‘.... -1• ..: • luny •floor of "4-4*,"1-•-;:it".itrifii.n.i ..ftw14.1A:22.37-.14,77-1;1;-k..“:"--A '-e--;..`1"--11 craft Wire'involved in one of everrAve 'tside MI- :::-.1 ....4.)if-V,;...zt,.' . • - - • T .. .. .1;;.... . _ busting ec;zidents,despite the factregVensti .••rtr ...,,.... 4-.• , - - - bey roar scree!the water in a rooster- mot foe fewer than one In 100 .. ...--tv. 4•41 11 " tan°I - . 4.r smy,turn On a dime,bounce over bolt& _ j,:. wakes ftm motorboats and sometimes °Vete gct a prollem bete said 711) _.-. glee-7 1 pot .1*.‘ Tir,„---_,-t?"---- .•-.:61'."-betr:1„,...e.e.:;.. .:. _,; .. .-?.:1„, spend hours b=dng around a small arta of fen_gret,_.but_ ling leer enimiorrtioire all IT: tau a lake,driving some nearby residents crazy. WIseonzln NO e Amen. 77.,-,... 'or 12:45 •As these personal watercraft-known by scans " • • • t ‘- ..4 ,......'4. 4:- ' ''.. -*-:,.-im.,, ,. ,:!„.,11.46/.. in..X.:i • _ , far a ----A,,,b--gi=w.„ :,,i -,..14,-.4,-....".!..- -::::,.___,-- -,..-_ -___ „.....4.4 sod brand names , 6 Is Jet-Ski,Wave&caw Personal watercraft were involved in II - - -- ..t...-: , Wet Bike,Wet Jet and Sea Doo-become of Wisconsin's boating accidents 0 • :.....4,-,_.-„,"-:-.r-t-,-.'.-`4-ifilet-t-----,--"-*---rs•::"-;-:.-- ----:-----.--34.-1:---•-4 bereerthey paperer,they also are involved percent 12 percent in 1933,Engler said. . , -.„....:-.„_.„...........c..zt, 0„:,-z,„..;,-.1......,•--i.,..r.t.-.---•----,.........._ . '•••7.'="-"."-t.;;C•b*-3,-1,..---01:1---- r-4----- k-'4.-•-=-4.="._•- ---------,-.; is in increasing number of boating atel, About 7 percent of ITIoDesotal boat* -.".•''-- i;'-1-". -4- ' - -7.- ------:'..-7'..'''''''''.------ den• t‘Three deaths hate been reported in oeddert3 lost_Tear Involved Perm"water- Racers wears their personal watercraft around buoys near Boom tob,enLast two web in Minnesota and Wis. •craft, said lam Elersta, Minnesota DNR 171 Island on the Mississippi Rhter. . . SKIS coarsen COI SC■- .. .• -....-...:4.4.:LaWarem.allwilrli~1111110••••••-41/1.01011161101111110.400:' 911..• . -.Ns- -Aro* ... .. SKIS • • •CONTINUED FROM IC star said. Normal top speed.for personal boating law administrator.Elvrum watercraft is about 35 mph, but said the number of personal water- they can be altered to go as fast as- . craft on the state's lakes has 48 mph,Brewster said. tripled in the past three years. A favorite trick of personal I • The DNRs in both states are watercraft riders is bouncing over seeking legislation to restrict per- .the wakes of motorboats. The big- , sonal watercraft in various ways ger and faster the boat,the better I to make them safer and less of a the wake. tl nuisance to other people using the"'-• "Some have come quite close to lakes. About two weeks ago, new boats,following them very closely, • kules were passed restricting per- weaving in and out of congested I sonal watercraft on Lake Mine- boat traffic,"said Gene Strommen, 4onka on the western edge of the executive director of the Lake Twin Cities. Minnetonka Conservation District, •- r . . Last weekend, Minnesota '.a state agency that enacted the re-.. I recorded its first two personal strictive rules on Lake Minneton- - watercraft fatalities when a 14- ha.• year-old boy and his 41-year-old The new Lake Minnetonka rules uncle slipped off a machine in rohibit personal watercraft from ' Ottertail County and drowned.Nei- Jumping a wake within 150 feet of, tber was wearing a life jacket. another watercraft. A speed limit* - More than half of the personal of 5 mph has also been set for per watercraft accidents in Wisconsin sonal watercraft within 150 feet of. I involved rented machines, Engfer the shoreline. No personal water- said. Many of these renters are craft use is allowed from sunset to taking their first ride on a personal sunrise on the lake. - watercraft. People under 16 cannot rent per- In late June, a 21-year-old man sonal watercraft on Lake Minne-: I was killed on Lake Onalaska near tonka,although people as young as. La Crosse when his rented personal 13 can operate private machines if, watercraft collided with a fishing they have a state permit. • boat.$e had approximately 15 min-. Wisconsin is consideringoutlaw-! I rites to a half hour ante on a g the use of personal watercraft experience by anyone under 16,whether or not jet ski,"said Mike Collins,a deputy the machine is a rental unit or pri- with the La Crosse County water vately owned. James Holperin,D- patrol.patrol Eagle River,is the author of a bill The rented machine Was not a that will be introduced in January. • Kawasaki Jet-Ski, but personal The Minnesota DNR proposed a watercraft are increasingly re- personal watercraft bill last legis•, ferred to by the term jet ski,much 3ative session,but it wasn't passed, to the satisfaction,no doubt,of the and DNR officials plan to offer an- Kawasaki company.The machines other bill next session. are powered by gasoline engines "We hope this year we're going I that run a water jet pump. to et a bill passed,"Elvrum said. Collins said be believed inexperi- • The Minnesota DNR bill would ence contributed to the fatal per- be similar to the restrictions on sonal watercraft accident on Lake Lake Minnetonka,Elvrum said. Onalaska. Officials don't like the idea of David Brewster,president of the people riding personal watercraft Minnesota Jet Skiers Association, at night. The devices don't have : said the machines are unfairly get- running lights. I ting blamed for accidents by a few "Some people put lights oh them peo le. and go out at night,"Elvrum said. "It's not that the craft is unsafe," "The (personal watercraft) Indus- -Brewster said."It's the person who try doesn't recommend operating - is riding it. Many of these people at night." have never ridden one in their Wisconsin may be even more re- lives, and they hop on and think strictive.�r1eff Long, town chair- they can do It. man of Boulder Junction, a tour- Brewster said a chief complaint ism mecca in north central I against personal watercraft is the Wisconsin, said many officials in noise. Although the machines are that area want to restrict hours of fairly quiet when new,they are of- personal watercraft use to between . ten altered to increase horsepower, 9 a.m.and 7 p.m.,the same as for I which also increases noise, Brew- water skiing. • 1 i ' • 4 .. 4'. .+i4, •4'..'441640.141'~ •usE i.• ... • I t • v A,'eeA s o c��cE/e..l o R I,v re�e e s A Is v� .e e,J I p-,AReeci dr , "lac ,4�d u�de,�L,%�e� 1 p.P.�� - lei I P. 22 ll . I I I • . - ,,s."/7s,c.-.44.;-- '. ..-.,:-...11-ri,A;;.V.„..---,5.7'Z=. '1',':.'..,fl!.._4r:..7 C..-..7.Z,-:4,-..-• ' �, •��.#t �' get a�. _ ....r -z 4• � .! y '•-' r•I Y '3 z-.?��a Y_ 5;•iY ,+,_ -�F.. t',� i~ ''•-;1::=:,r; AM .'_-..11 4'''-':-..'.. 7 S �yf 777 �{ � i ' 1�c i/ 3 �?i -! ^yry �`j +G r r� a`�� 3> ofd• ,ti',e. �e0 *•; yam. > •� ?� i1-- . 1 _.;_ 1./}. -41 ' ..i `f�r _ s,. _ :.f ' !--c - 2.-1.,y O 4$ a1 � • r 71i.f _ . .. of I ..,`, --3.w� wit _',,,,,,. .. .e.x' •._ _-.'!-F?_- .��``?__ _,--,...-f!..!-.-.: _ i •r ;4'. fir. L:' '.'' - ,a ^- �'• r = Y Tie.f klit'ay.-4-.77;:: I ,. I I - NO NO I_ am III I- J. W—.I1111.ww.i.... 1 Public Water NOTE Access PLEASE NO This book summarizes Minnesota's I boating laws and regulations in an easy- to-read form.It supplies the information MAPS that most boaters need to know about Minnesota has over 1900 public accesses to operating watercraft on the state's lakes i lakes and rivers.Approximately 1100 of these and rivers.It does not present the actual are managed by the Department of Natural laws and regulations, however. If you !. Resources. Free maps showing individual ac- desire a copy of these laws and regula- cesses are available for many counties, lions please contact the Department of Natural Resources Boat and Water Safe- RULES ty Section at the address listed at the end of this booklet. When using a public access please keep It should also be noted that laws and the launch area clear and take your trash with regulations are subject to change by the I you.Also remember that the following ac- tivities are unlawful on an access: legislature and through public hearings. •Camping • Shooting • Building fires 1990 Minnesota Boating Guide •Consuming alcoholic beverages Contents I INFORMATION LICENSING YOUR BOAT For information on public water accesses, What Must Be Licensed 5 copies of the maps,or problems with DNR License Procedures 6 public access conditions, please contact the License Certificate and Numbering 7 appropriate regional Trails and Waterways Expiration and Renewal 10 • Coordinator listed at the end of this publica- twn or: Duplicate Licenses 11 Transfer of Ownership 11 Water Access Section Destroying or Abandoning Trails and Waterways Unit Your Boat 11 Department of Natural Resources 500 Lafayette Road Dealer's Licenses 11 St Paul, MN 55155-4052 REQUIRED EQUIPMENT (612)296-6157 Personal Flotation Devices 2 (Life Preservers) 12 3 .•r . INal V 16464WIV11 Labe 11J ,.J Fire Extinguishers 17 Ventilation 18 Licensing Your Boat Ventilation Flame Arrestors 18 Whistles/Horns 18 —> WHAT MUST BE LICENSED Mufflers/Noise Limits 19 All motorized and non-motorizedhtyatercraft Marine Toilets 19 must be licensed by the Department(If Natural Resources(DNR).The types of water- GENERAL OPERATION craft that must be licensed include,but are Enforcement 21 not limited to,motorboats, rowboats, Penalties 21 sailboats,sailboards,canoes,kayaks,paddle boats,rowing shells or sculls,all-terrain Age of Operators 22 vehicles used in the water,and inflatable Rules of the Road 22 craft. Waterway Markers 23 Exceptions to this law are as follows: General Prohibitions 26 1.Watercraft currently registered in another Intoxicated Boater Law y state and not kept in Minnesota for more Water Skiing 28 than 90 consecutive days. Renting Watercraft 28 2. Watercraft from a country other than the g United States and not kept in Minnesota for Accidents 29 more than 90 consecutive days. OTHER WATER ACTIVITIES 3.Watercraft owned by the United States • government,except those used for recrea- . SCUBA Diving 30 tional purposes. • Swimming 31 4.Watercraft documented with the United r Temporary Structures 32 States Coast Guard.(Note:Documentation is - Special Events 33 a process where official papers on craft five Public Waters - Permits 33 net tons or larger are issued by the Coast Guard instead of state registration.) • LOCAL BOATING RESTRICTIONS 34 5.A ship's lifeboat. 6. Duckboats during the duck hunting BOAT TRAILERS 35 season,rice boats during the harvest season and seaplanes. BOATING SAFETY TIPS 36 7. Non-motorized watercraft 9 feet in length AGENCY DIRECTORY 40 or less. , Unless a license is issued andin effect.it's SUNRISE/SUNSET CHART 43 , nst-p a ai helaw to operate it or perm the operation of any watercraft which requires a license. 4 - 5 • NM M — . IN BIB MN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIINIIIIIIIIIIINIIIIIIIIIIIIII lilli LICENSE PROCEDURES AND FEES MINNESOTA SALES AND USE TAX Register your new watercraft in person at Boat dealers,marinas,sporting goods any deputy registrar of motor vehicles(where stores and similar vendors are required to you license your car)or at the DNR License charge Minnesota sales tax on sales of new Bureau in St. Paul(address at the end of this and used boats. If the dealer does not charge pamphlet). When you register your boat for sales tax or the boat is purchased from an the first time, know its length, manufacturer, out-of-state dealer for use in Minnesota,the type of hull material(wood,metal,or plastic), purchaser is required to pay the Minnesota type of propulsion, model,year,and serial or , use tax directly to the State.Consumer's Use . hull identification number(HIN). Tax Returns,Form UT-1,for reporting use tax Fees for watercraft registration after December 3t, are available from the Sales Tax Division of 1982 are as follows: the Department of Revenue upon request. Type and Length 3 Yr.Fee Sales of boats.between individuals not in the Water(Ian owned by Non-Profit()fgal11IJ11on and , business of buying and selling boats are, used substantially to teat 11 wafer sab••y(Camp, boy St outs,(•f(., Si however,exempt from sales tax as isolated or Rental or I•ase water(rau up W and int lulling 19 occasional sales.For help or forms call k•et mental of leas(•water``all over 19 Wei, 296-6181 in the Twin Cities,or 1-800-652-9747 .allle as pleasure t rail, so t •s,kayaks,sailboats.sailboards,paddle hnals, (toll free)elsewhere in Minnesota and ask for and roving shells up in and inc lulling 19 feel sales tax information. Pl/ahose over 19 wet sae as pleasure t 01111 9 sure water(tart up to arm)inc lu l ng 1',feet 5 LICENSE CERTIFICATE AND NUMBERING Pleasure wales 1.111 over 19 feel but less than 141e(1 520 Ple.l,ule W.114.0 1.111 s0lee(but less than 401ee1 Sp, When you apply for a license at a deputy I'leasull•water(ran 40 feet on length and over $411 registrar or at the DNR License Bureau,you IA•alef's license,regardless of the number nl water- can get a temporary permit to operate your (rau owned by the deader Sit, i Any wafer(fall`more than 19 leer in length for hire boat until your license comes in the mail. '"''h'""''"'`'""` sill Sign your license and keep it on board your h.ulsa•r ur 1)upll(ale 51 I1n.nlan oases emboli nl.ulal;enlerll cups harge craft when you use it. If you are operating a Om all w.nert tali 17 lees of longer—seep.201 Si canoe,kayak,rowing shell, paddle boat or Length is the straight-line distance from the sailboat(board)without a motor,you don't loremx)st part of the boat (bow)to the rear- have to carry the license with you.However, if most part of the boat(stern). Bowsprits,out- an enforcement officer asks to see it,you board motor brackets, rudders and other at- must produce it within a reasonable time. tachments are not Included in the measure- The owner of rented watercraft may keep merit. the license certificate at the place the boat is W tercratt licenses cover a period of three rented from.The name of the rental business c alendar years and expire on December 31 of must be printed on both sides of the rear half the last year the license is valid. The expira- of the watercraft in letters at least three ton elate appears on both the Ili ease cer- inches high. title ale and on the validation decals whi.h are The number issued to your boat appears on ''I)I)lied to the boat. the license.Except for non-motorized canoes, 6 7 ...1WdYr"•xi• .. 1 .IY•rld r.i.1L...w..:.uy...,r....Mn.r.w. «_.... kayaks, rowing shells,paddle boats,and If you have a canoe, kayak,rowing shell, sailboats(boards), this number must be paddle boat,or sailboat(board)you will also displayed on the forward half of the hull on each side of the craft(see illustration at got receive square validation decals with your license.The license number issued to your tom of page).The letters and numerals must be at least three inches high,of a block craft appears on the decal and on the card. If character,and contrast with the background. your canoe,kayak,rowing shell,paddle boat They can be painted or attached to the craft. or sailboat(board)doesn't have a motor,place • • They should read from left to right and must the decal on each side of the forward half of the always be legible. craft.No three-inch numbers are necessary. When you place your number on your boat, leave a space-or provide a hyphen- between the MN and the four-digit number. ` Leave another space or hyphen between the _ number and the two letters which follow(see • illustration below).Place the validation decal to the stern or rear of the license number • within four inches of the license number(see illustration below). Remember,only the cur- rent decal must be visible.Either remove the ex- pired decals or place the current decal directly over the old ones.No other number, letter,or design may appear within 24 inches of the ' 14111 license number or decal. , Decal goes to the rear of the license number on both sides. On sailboats(boards),you may also place •MN 1234 All the decals on the stern if it is impossible, because of the boat's design, to place them on the bow(see illustration below). Leave 2"-3" space Numbers and letters must be at least 3"high. 411/ 111... • 16 i 8 . 9 .4 MI MO MIS 11•11 MI NM OM MN I= IIIMI =I INI111111111111111111111 =11111111111111111= or Imi we =I ims me is' ! If your canoe,or sailboat is motorized,affix DUPLICATE LICENSES the three-inch letters and numbers as Need a duplicate license?Write to the DNR License Bureau and ask for it.Be sure to sign your name on the letter.The fee for a duplicate license is listed on the watercraft � . —� 47 license fee chart. + TRANSFER OF OWNERSHIP If you buy a boat that is currently licensed in Minnesota,obtain the current license cer- tificate from the previous owner.Send or deliver it,along with an application for transfer and the transfer fee listed on the fee chart,to the DNR License Bureau or deputy registrar.Transfer applications must be made within 15 days after the transfer actually oc- curs.The transferred registration is valid only previously described for other motorized for the time remaining on the previous craft.The square decal should be placed to owner's registration.Then you must apply for the stern or to the rear of the number(see il- a new license. lustration above). • EXPIRATION AND RENEWAL DESTROYING OR ABANDONING All watercraft licenses expire on December YOUR BOAT 31 of the last year the license is valid. Normal- orlif youl cense iitrin abandon another s at-notifytthe- ly, you will receive a notice by mail to renew your license for another three-year period. License Bureau within 15 days. But whether you are notified or not,you are DEALER'S LICENSE responsible for renewing the license for your • watercraft. The license number assigned to Boat and motor dealers,wholesalers and your watercraft remains the same if you manufacturers may apply for a dealer's renew it continuously. license for watercraft used for demonstration When you pay your renewal fee(the same purposes or for any other purpose necessary fee as a new watercraft),you will receive,by to conduct business.A dealer will be issued return mail,a new license certificate and new only one number. This number must be validation decals. Discard your old license displayed on both sides of boats used for certificate and replace the expired decals on these certificate purposes,however,and may be deta your boat with the new ones. Remember,only chable.❑ the current set of decals must be showing! 10 11 ..4 r....... ...r err uw.w .-.wYr.wyru.W.•.nYMMrM.W.iY :r.. -4...........-...rr..... I colors and styles,including vests for canoe- Required Equipment ing,sailing,waterskiing,hunting,and general boating as well as full-sleeved jackets.Type III PERSONAL FLOTATION DEVICES devices are not designed to turn an un- conscious victim,but they do provide the There are four types of personal flotation best protection of all PFD types for immer- devices(PFDs or life preservers)approved for sion hypothermia(exposure to cold water). use on recreational boats: mit� =1`I ' TYPE TYPE t /I _1/_ iv Type IV–Throwable Devices.(Buoyant Type I—Off-Shore Life Jacket. This is a Cushion,Ring Buoy or Horseshoe Buoy.) vest or yoke type device generally found These devices are designed to be thrown to a y on victim in the water,rather than worn. commercial craft. It is designed to turn most Cushions especially should be checked often unconcious persons from a face downward to see if they are in serviceable condition. to a face up position in the water. 1 Type V–Special Use Devices.A Coast { Guard approved Type V PFD may be carried "Frit in lieu of a Type I-V PFD,if the Type V device I TYPE is approved for the activity in which the craft � � I I is being used.(Note:Type V devices are ap- M' proved for specific and restricted uses and may have to be worn to be approved.) Type II—Near-Shore Buoyant Vest. The buoyant vest usually looks like a horse collar Minnesota Requirements and is worn like a bib. It has an unconscious Every person on board a duck boat or a turning ability similar to the Type I, but it watercraft,except a sailboard(as defined by will not turn as many persons under the law), must wear or have readily accessible a same conditions. Coast Guard approved Type I, II, Ill,or IV personal flotation device(PFD)which is in ' 1I 1 serviceable condition.Please note the i U.' ( l TYPE following: �II • The PFD must be of the appropriate size 1 for the intended wearer,if it is designed to be worn. Type III — Flotation Aid. These devices • Readily accessible means easy to reach in are usually foam-filled and come in several an emergency. PFDs in locked lockers, under 12 13 / • .4 111111 111111 MI ME 11111 Nil Mill 111111 - E I ME 111111 ME NM ME 111111 N IIIIII MI MN MI NM 11711-'llir-arillirmlidle41111&191111114. :.•111111"911•1"1"1111W-w-111*-A11111.---1111111 MI rr. anchors or line,or enclosed in plastic bags son on board.An approved Type IV buoyant are not accessible. cushion will satisfy this requirement. •A Coast Guard approval label must be •On boats 16 feet long or more,except printed on or attached to the device. canoes and kayaks, there must be a Coast •Serviceable condition means that the PFD Guard approved Type I, II or III wearable PFD must be free of tears,rot,punctures and for each person on board.In addition, there water-logging(especially on kapok devices) must be at least one Coast Guard approved and that all straps are present and in good Type IV(throwable)PFD for each boat.All . shape. devices must be in serviceable condition and •A Coast Guard approved PFD must either readily accessible. be worn by a person being towed on water If you want more information on these and skis or other device,or carried in the towing other federal regulations,contact the Coast watercraft. Guard at the locations listed at the end of this •An approved Type IV buoyant cushion pamphlet. • • will meet state PFD requirements,but ski NAVIGATION LIGHTS belts and most inflatable devices will not. • Navigation lights must be on from sunset to •A Coast Guard approved Type V PFD may be carried in lieu of a Type I-IV PFD,if the sunrise(see sunrise/sunset schedule at end of Type V device is approved for the activity in book). • which the craft is being used. Non-motorized Boats(see illustration below).All non-motorized watercraft whether underway or at anchor must carry a white Federal Requirements 1 lantern or flashlight.This light should be Boaters using waters subject to patrol by strong enough so that other boats can see it the U.S.Coast Guard must observe federal from around the horizon at a distance of two laws on PFDs. Examples of waters under the miles or more.The light must be displayed in . jurisdiction of the Coast Guard are as follows: sufficient time to avoid a collision with the Mississippi River downstream from St. another watercraft.(Note:Motorized canoes, Anthony Falls, the St. Croix River south of kayaks,and sailboats must follow the light Taylors Falls, the Minnesota River east of rules for motorboats.) Chaska, Leech Lake, Lake Superior, Lake Vermilion, Lake 01 the Woods, Rainy, A white portable light shown Namakan and Kabetogama Lakes. in time to avoid collision .. ..•., The federal requirements on PFDs are as tollows: • On boats less than I6 leot long and on all • canoes and kayaks, a Coast Guard approved • Type I, II, Ill or IV PFD in serviceable condi- Ni ,4 `'is non must be readily accessible for each per- C"'— ( - 14 15 • .4 '1 • Motorboats. Most motorboats 16 feet or side lights or a combination 20-point red and more in length will be equipped with the cor- green bow light. rent navigation lights by the manufacturer. In (2)A 20 point white light on the forward half any e ase, the lights must be displayed accord- the o1 the boat,placed at least three feet above mg to the slate rules described below or red-green lights,showing 10 points to tinder the current federal regulations. • each side and visible for three miles.On • State Lighting Rules. White lights must be boats 40 to 65 feet long, this light must be at • visible tor two miles on a dark,clear night least nine feet above the gunwale. (with one exception under the International (3)A 12 point white light on the stern half of Rules). Combination or side lights must be the craft showing six points to each side.This visible for one mile. light may be carried off the center line. Combination or side lights must shine red When at anchor,only one 32-point white to port(lett side)and green to starboard(right light is necessary. side). They must be attached so the light Combination 20 pt. shows from directly ahead to two points to red-green 20 pt.while the rear of the beam(midpoint of the boat) g on the respective side.(One point equals 111/4 i1 degrees.)Lights may be detachable and need `® only be displayed from sunset to sunrise. Option A 12 pl.white When underway,motorboats less than 26 OR feet long must display(see diagram below): to pt.green 12 p1.white (1)A 20-point combination red and green bow(front)light. (2)A 32-point(360°)white stern(rear)light. When at anchor,only one 32-point white light is neLessary. 10 pt.red 20 pt.while ill ombi ' '2 C0 pt.red-grnation een FIXNGUISH �!g All RE fireETI extinguishers must be Coast Guard 32 pt.White approved, fully charged,and readily accessi- ble.Two sizes of approved extinguishers are Option B available, B-I.and B-II. Motorboats 65 feet or less,when underway, •Motorboats less than 26 feet long with display(see diagram on page 17): built-in enclosures where fuel or engines are t red green housed, require one B-I fire extinguisher. I)l ether separate 10 point 16 17 .•a MI MI MN NM MI MO OM OM OM 11111. 1111111 E In 111111 1.11 111111 11.1 •Motorboats 26 to less than 40 feet long re- •Motorboats 26 feet to less than 40 feet in quire at least two B-I extinguishers or one length must be equipped with a hand or B-Il. • Motorboats 40 to 65 feet long require at power-operated horn or whistle capable of producing a continuous sound for two least three B-I extinguishers or a B-I and a II I3 seconds and audible for at least one mile. extinguisher. •Motorboats over 65 feet long require at •Motorboats 40 feet or more in length least three B II extinguishers. must be equipped with a power-operated •When a motorboat is equipped with a horn or whistle capable of producing a con- wish- audible sound for at least two seconds and Coast Guard approved fixed fire extinguish- audible for at least one mile. ing system in the engine compartment,one •The only boat that can carry a siren is a less B-I extinguisher is required. VENTILATION government patrol craft. Motorboats carrying or using any fuel that MUFFLERS/NOISE LIMITS . has a flashpoint of 110°F or less(like gasoline) Motors used on any watercraft must have a in any compartment must be equipped with muffler,underwater exhaust,or other device an efficient.ventilating system to remove con- that adequately suppresses the sound of the • bustible gases. This system must consist of at motor.Cut-outs are illegal. least one intake duct that extends from the .No person shall operate a motorboat(ex- deck below the level of the carburetor air in- cept under a permit from the county sheriff take(or hallway to the bilge)and an exhaust or Coast svels or their eqt Guard)that gxceads the following noisel duct that extends from the deck to the lowest uivalent: portion of the bilge. •The cowls of these ducts •84 decibels on the A scale at a distance of must be properly trimmed for maximum yen- 50 feet for engines or motorboats_manufar-- tilation. (Note:Apower-operated bilge blower lured aPforP January 1, 1982. is highly recommended,although its not cur- •82 decibels on the A scale at a distance N rently required by law.) 50 feet for engines or motorboats manufac- FLAME ARRESTORS tureTon gutter.__r I_,a_nuary 1 Gasoline engines other than outboard MARINE TOILETS motors must be equipped with a Coast •All permanently installed toilets aboard Guard-approved backfire flame arrestor on watercraft must be U.S.Coast Guard certified the c arburetur. no-discharge devices(Type 111). WHISTLES/HORNS • Portable toilets may be used if they are • Motorboats 1t, feet to less than 26 feet Coast Guard certified Type III devices.(These lung must be equipped with a hand, mouth, toilets are usually certified for use with aper- or power-operated whistle or horn capable 01 manent installation kit,but may be used producing a continuous sound for two without the it on Minnesota waters.) seconds and audible for a least one-haft mile, •All waste must be retained on board fhr 18 proper disposal after returning to shore. 19 • _._. ....w... ......... �.�_._.. ... i Questions on spec itic types of marine toilets should be directed to the Minnesota Pollution Control Agency, Division of Water General Operation Quality, 520 Lafayette Road, St. Paul, MN 55155. ('hone:(612)2967250. I I ENFORCEMENT '""" "'' Enforcement of Minnesnta'c_hnat_and water LEAVE THE WEEDS AT THE LAKE safety law rests with the DNR's conservation Exotic aquatic plants such as Eurasian county nfo em nttcras f t wi be marked on watermilfoil and purple loosestrife can be both sides or with a blue state pennant. Some spread to noninfested lakes on or in boating waters of the state are also under the jurisdic- equipment. Studies of the spread of aquatic lion of the U.S.Coast Guard.The Coast plants in the Southern U.S. have found that Guard and the National Park Service enforce in every case,the first infestation on a lake federal boating regulations. was at a boat ramp. Whenever an enforcement officer contacts you,you are required to stop and allow him live well transom well or her to come alongside.The officer may hitch ,4, r warn you about a storm or caution you about ; •. the way you're operating your boat.Always I�i _ _ " remember that a key job of these officers is to v .�____ ensure your safety afloat. • rollers ""w axle�.a O '= If you need an enforcement officer,contact �r` him or her by phone,in person,or by mail at lower unit/propeller the locations given at the end of this pam- phlet.Boaters on some waters may be able to Locations where aquatic weeds are found request assistance by using a marine band radio. Examples of these areas are lake of the Boaters can help prevent the spread of Woods, lake Superior,the Lower St.Croix undesirable vegetation by removing all plant River, the Mississippi River downstream from Iragments from their boat, trailer,outboard Minneapolis,the Minnesota River motor/propeller,anchor and live wells before downstream from Shakopee,and Lake launching and after leaving the water. In ad- Minnetonka. dition, looseslnfe seeds are usually abundant in the mud near established plants. To PENALTIES �-.-- reduce the likelihood of transporting seeds Vule cnn�f a ti hear pr�tatPr cafr>ty sti,lute to new lakes and streams boaters should at Str rule carnes�fine of not more than CAM, 1empt to keep footwear and tire treads free of imprisonment for not more than 90 clay`or mud from infested areas. With your assist both.The court may also revoke the ante we can keep these problem plants from operator's permit of persons 13 through 17 degrading Minnesota's water resources. i I years of a�;e for a period of one year. 20 21 IMI an MS UNN INI MN .MIS OM MIN Ns mu on Ns Ns ow VW MP MI MB NM 11111 111111 IIIIII AGE OF OPERATORS direction is needed for safe passage.Both • • ersons ess than 1•;v rs ng�mu watercraft will maintain their course and accompanied by someone at least lit year'of speed so as to pass clear of each other,and ap,e to operate a motorboat of more than 24 keep to the right in narrow channels. horsepower, except in an e b mer ,ncv • Persons 13 through 17 years who operate Crossing boats of more than 24 horsepower must If two watercraft approach each other at a either:(1)be accompanied by someone at right angle,the watercraft to the right shall (cast 18 years of age,or,(2)possess a valid 1 have the right-of-way. watercraft operator's permit from Minnesota * Non-Motorized Craft or from the operator's state of residence. i Non-motorized craft(sailboats,canoes,etc.) By law, the owner of a watercraft is jointly have the right-of-way over motorized craft in responsible with the youthful operator for a all situations,except when the non-motorized violation of the operator's permit provisions. is overtaking or passing. The operator's permit course is based on in- dependent study and may be taken at home. Commercial Vessels • There is no charge for the course or permit. Small boats should not insist on the right- Materials are available through the local of-way when approaching large commercial county sheriff, regional DNR offices,many vessels,which are limited in maneuverability. marine dealers,and schools.The course is Emergency Craft also available from the DNR St. Paul office. All watercraft will yield right-of-way to an The address appears at the end of this authorized watercraft displaying a red or blue pamphlet. flashing light. RULES Of THE ROAD Passing WATERWAY MARKERS When overtaking another watercraft going All official waterway markers(signs, buoys, in the same direction, the craft being over lights,etc.)are designed to assist the boater taken must maintain course and speed. The by marking unsafe areas,directing traffic passing watercraft must keep a sufficient through safe channels,preventing accidents, distance to avoid collision or endangering the and protecting resources(see illustrations on other craft from its wake. pages 24-26). Except for private swimming areas and mooring buoys,all buoys must have Meeting a minimum diameter of nine inches and ex- When two watercraft approach each other tend at Jeast 36 inches out of the water. No "head on,'each must alter course to the right private markers or buoys may be placed in to avoid collision. If the two watercraft are far Minnesota waters overnight without first ob- enough to the lelt of each other, no change in taining a permit from the county sheriff. 22 23 • c.. .— I Channel 'Marker Buoys ' •All-green(or black)and all-red companion II buoys indicate that the boating channel is between them. In flowing water, the red buoy Is on the right side of the channel when fac- ing upstream. DO NOT PASS BETWEEN 1 SHORE AND BUOY (Also may mark the center of a channel under the International System) BOATING ,5,; , CHANNEL LIES '', '",' I Regulatory Buoys and Signs BETWEEN THESE 1' '''' • Boats Keep Out.A white buoy or sign with BUOYS an orange diamond and cross means that boats must keep out of the area.Black letter- ing on the buoy or sign gives the reason for the restriction,for example,SWIM AREA. •Where there is no well-defined channel, white buoys with a red top indicate that boats should pass to the south or west of the buoy. A white buoy with a black top Indicates that boats should pass to the east or north of the . 0 buoy. BOATS KEEP OUT DANGER 17 • Danger.A white buoy or sign with an orange diamond warns boaters of danger- rocks,dams, rapids,etc.The source of danger will also be lettered in black. In winter, ice hazards may also be identified with this NAVIGATE 10 NAVIGATE TO marker in the form of a sign. SOUTH OR WEST NORTH OR EAST • Controlled Area.A white buoy or sign with an orange circle indicates controlled or restricted areas on the water,such as slow, •A red and white vertically-striped buo in- minimum-wake zones. Information on the Y F buoy specific restriction will be lettered in black. dlcates That boats should not pass between • Shure and the buo �� Information.A white buoy or sign with an 24 y(see top of page 25). orange rectangle provides the boater with in- 25 mu amp me I= we am EN MI i I - - NM NM M MI Mr i gm IIIIII so ime me am Ea No I MI 11.1 111111 . formation or directions. Information will be legally marked off or set aside as a swimming lettered in black. area,or within 150 feet of a diver's warning flag (see page 30). •To operate a watercraft loaded with passengers or cargo beyond its safe carrying O 1:1 capacity,or equipped with a motor or other propulsion machinery beyond its safe power • capacity. •To ride or sit on the gunwales,bow,or transom of any motorboat while underway, CONTROLLED AREA INFORMATION • unless it is equipped with an adequate rail- ing,or to operate a motorboat while any per- Mooring Buoys son is so riding or sitting. Buoys designed for mooring boats are all •To operate a watercraft so that it obstructs white with a blue stripe midway between the or interferes with the take off,landing,or taxi- top and the waterline.A minimum of 16 ing of a seaplane. square inches of white reflectorization,part •To moor or attach a watercraft to any buoy, of which must be visible from any direction, except a mooring buoy,or to any other mark- is required on all mooring buoys.(Obtain a ing device or guide,or to tamper,molest, permit from the county sheriff before placing remove,or destroy a navigational aid. a mooring buoy in the water.) •To deposit or leave refuse in or upon the waters of the state or at public access areas. NI I THE INTOXICATED BOATER LAW API Conservation officers, sheriffs or other peace officers,who suspect from the actions of a motorboat operator that alcohol or drugs MOORING Buoy have affected their ability to safely control the 2 GENERAL PROHIBITIONS trait, may require the operator to take tests to It's against determine their sobriety. The law covers only f,ainst thelaw: motorboats which are not moored,beached • To o crate a watercraft to a careless or or anchored and does not affect the r('('klt mannrc . passengers. • to Operate a water(rates so that its wash or li the test is taken and the operator is found ■vake endangers, harassN,or 'mod er es w;tIt to be over the legal limit of.10 alcohol con- am,person Or r po )ert -" I y centration, he or she is subject to loss of • lo operate a watercraft so it obstructs or Operating privileges for 90 days,criminal tends to obstruct ordinary navigation. penalties,and to any Other penalties the • To operate a water(ran within an area (our(may impose. Those who continue to ` 26 27 ,, •• .4 i operate alter suspension are guilty of a misdemeanor. paddles and oars must be free of cracks, The law does not prohibit drinking of I splits,and breaks. alp uhulu beverages in boats, nor does it make •All metal or fiberglass rental craft must in the boat. have buoyancy enough to support the craft if it illegal to have an open bottle The only person affected by the law is the it capsizes. boat operator,and even the operator can w • who A boat may not be rented to a person drink - but not to the point of intoxication. is under the influence of alcohol or control- led substance. WATER SKIING •A rental boat loaded beyond its weight 1. It is unlawful to tow a person on water • capacity or powered beyond its horsepower . capacity may not leave the place where it is skis,aqua-plane, surfboard, saucer,or similar device unless there is a mirror providing the rented. operator a wide field 01 vision to the rear,or ACCIDENTS unless another person in the towing water- craft is continuously watching the person be- An accident can happen whenever you are on the water despite all the precautions you ing towed. 2. Water skiing and similar acts are pro- may have taken. If an accident does occur, hibited between one hour after sunset to follow these simple steps: sunrise of the following day. ' 1.Stop at the scene and assist others who 3. Water ski tow ropes may not be longer are in trouble if you can do so safely(required than 150 feet in length, unless a permit is ob- by law). 2.Don't risk your life or the lives of others tamed from the county sheriff. 4.A Coast Guard approved personal flora to save equipment. [yon device(PFD)must either be worn by a 1 3. Summon help,if necessary. person bung towed on water skis or other 4. If a second boat or other property is in- device,or carried in the towing watercraft. volved,exchange your name and boat number with the other operator or owner(as RENTING WATERCRAFT required by law). 5. Promptly report all boating accidents to •All watercraft uttered for rent are subject the county sheriff where there is: 1)property to periodic inspection by the county sheriff. damage exceeding$200,2)personal injury or An inspection decal will be issued to each 3)a fatality.This is required by law f_l trail that passes this inspection. • The rental agent is required to provide (-oast Guard approved personal Ilotation devu es(PI•D's)in serviceable condition,as • well as all other required safety equipment. • Water(raft may not be rented,or offered for rent, unless they are in safe c ondition All 28 29 IMO r r• rr■ ■� — — MN M 'WI lat NW aril Ns as mu ile EN ma ow ow Nu we No Nay um liarl Rai •Do not place a diver's flag where it will Other Water Activities ob• obstruct navigation. The diver's flag may be displayed on a SCUBA DIVING watercraft or float or anchored to the bottom. The top of the flag must be a least 30 inches • Scuba divers must display a warning flag when diving. above the surface,however. Boats not involved with the diving opera- tion must remain 150 feet away from a flag. DIVER'S •Persons who dive at any time from sunset FLAGS to sunrise must carry a diver's light visible when above the water for a distance of 150 0 feet. •Scuba or skin diving while in possession of a spear is unlawful from sunset to sunrise. •MN 1434 A6 • SWIMMING STATE FEDERAL Private Areas (red/white) (blue/white) The owner or lessee of shoreline property may mark off up to 2,500 square feet,but not •The diver's flag must measure at least 15 more than 50 feet along the lake frontage,for inches horizontally and 12 inches vertically. i a swimming area directly in front of his or her Both sides must have a red-colored I property. Markers to designate a private background bisected diagonally by a three- swimming area must be white with an orange inch wide white stripe. There is also a blue diamond and cross on each side(see illustra- and white diver's flag authorized under the tion on center left,page 25.The markers must federal rules of the road. extend out of the water at least six inches but •No more than four divers shall dive under • no more than 14 and should be spaced no one flag. more than 15 feet apart.(Note:A white gallon • Divers must remain within 50 feet plastic bleach bottle with the orange mark- (measured horizontally)of the warning flag. . ings painted on each side fulfills this • If a group of divers is using a contained requirement.) area, the perimeter of the area must be mark- ed.The area must be outside the normal area Public Areas of navigation. These markings must consist of Public swimming areas(including resorts) the official diver's flag and must be placed must be marked off with the standard buoy: around the perimeter of the diving area at in "Boats Keep Out:'This buoy is white with an tervals of not more than 150 feet. orange band at the bottom and top. Between 30 31 .4 the orange bands is an orange diamond with buoy must either have a light visible in all a c ross inside.The design appears on op- directions or be reflectorized so as to reflect posite sides of the buoy.Above or below the light from all directions. diamond shapes are the words SWIM ARIA • Persons placing structures on joint in black, two-inch lettering(see illustration on federal-state waters must also obtain a permit page 25). Marker buoys must not be spaced from the U.S.Army Corps of Engineers.(See more than 75 feet apart. Smaller all-white section on PFDs for examples of these waters.) markers may be used to add definition to the • area marked by regulation markers. No specific size limits are imposed on public swimming areas. SPECIAL EVENTS Permits Persons holding regattas,races,tour- Obtain a permit for swimming area markers naments,or other competition or exhibition from the county sheriff. No swimming marker events on the water must first obtain a permit may obstruct navigation or unduly interfere for the event from the county sheriff.The with public use of the water. Sheriffs or con- sheriff may exempt watercraft from any of the nervation officers may direct the owner to licensing,operational or equipment statutes move such markers or remove them from the or regulations while they participate in the water. event. • Those persons holding events on commercially-navigable,joint-jurisdictional waters(primarily Lake Superior,the TEMPORARY STRUCTURES DOCKS Mississippi River downstream from St.An- thong Falls,the Minnesota River east of AND BUOYS Shakopee,and the St.Croix River from • Temporary docks extending from shore Stillwater downstream)must obtain a marine generally require no permit. There is no state event permit from the U.S.Coast Guard. limit on length, unless the dock interferes with navigation. (Note: There may be local restrictions as to dock length or construction.) • Structures such as swimming rafts, boat PUBLIC WATERS—PERMITS lifts, buoys, slalom t nurses, ski jumps,etc., •Any work in the bed of public waters which do not extend from shore,cannot be (below the natural ordinary high water level) placed in the water between sunset and such as dredging or tilling requires a DNR sunrise without first obtaining a permit from permit. the county sherilt.All strut tures placed •A shoreline property owner requires a under a permit must have the permit number DNR permit to destroy or cut aquatic vegeta- painted on them. In addition, the structure or lion-except as follows: 32 33 • .4 I - M - M ME i 111111 r OM NM MN N i ! MI - MI NM 111111i Mil MINI MN MINI UNI ME NM MO NIN IMIN MN NM ME MN ri NM A.An area not exceeding 2,500 square feet and not extending more than 50 feet or one- Boat Trailers half the length of the shoreline frontage (whichever is less)may be cleared of Dimensions • submerged and floating leaf aquatic vegeta- I The maximum length of a boat trailer,in- tion by cutting or pulling the plants for a cluding its load and towing unit,is 65 feet. No swimming or boat docking site. I trailer load may exceed 102 inches in width or B.A boat channel 15 feet or less in width ex 13%s feet in height. tending to open water may be maintained by • cutting or pulling the plants.The 15 feet may • Lights not be added to the 50 foot maximum Tail lights are required on all trailers.Signal •• • shoreline distance set forth previously. and brake lamps are recommended on all C.All vegetation cut or pulled must be trailers and required whenever the hand removed from the water and disposed of signal of the driver or signal of the towing properly. vehicle is not visible to the following driver. •DNR permit information can be obtained larger trailers also require clearance and/or from DNR regional offices listed at the end of marker lamps. . this pamphlet.❑ Hitch and Coupling The hitch and coupling of the trailer must meet state standards.Safety chains are required. Local Boating Brakes Brakes of adequate effectiveness are re- Restrictions quired on all trailers of 1,500 pounds or more gross weight. Certain bodies of water in Minnesota have following local restrictions as to type and size of water- craft or motor horsepower,areas which can Drivers of vehicles towing a trailer outside a be used by boats,boat speed,times for use residential or business area must maintain a and minimum distance between boats. With distance of 500 feet between their vehicle and few exceptions, local restrictions on boat use the vehicle ahead. on Minnesota waters must be approved by • Further information on trailer laws are • the DNR and be posted at public access available from the Minnesota Department of points. Public Safety in St. Paul or from any State Questions regarding lakes or rivers with Patrol office (612-297-3935).- local restrictions can be directed to the ap- proprwte county sheriff,or the DNR otfices • listed at the end of this publication. I_1 34 35 • .4 • • ...,..io:rl: swimming ability.Supervise youngsters Boating Safety Tips around• If some water. eone is in trouble in the water,use elementary rescue methods first,such as •What accident causes the most deaths throwing something that floats to the victim. among boaters? Falls overboard and capsiz- Only as a last resort should you ever enter the ing. In a small boat, resist the urge to stand water to save someone.Even then,take a up. If you must move around, keep your buoyant object like a PFD with you. weight low and close to the center of the •Before you leave on a boating or fishing . craft. trip,let someone know where you are going •Wear your personal flotation device(PFD and when you will return. If you run into or life preserver). Especially in small boats. trouble,this will assist authorities in looking Approved PIDs are now stylish,comfortable for you. and practical. Models are available for all ages •Hypothermia(below normal body • and for various boating activities.Although temperature)is an insidious killer that is in- it's not required by law,wearing your PFD is volved in perhaps as many as one-half of Min- , the best"life insurance"policy afloat. nesota's boating deaths each year. Immersion • •Collisions with a second boat or another in cold water(less than 70°F)causes the body object don't just happen.They are usually the to lose heat faster than it can produce it, result of inattention, fatigue,and a lack of decreasing the body's inner(core) knowledge about local water conditions. temperature.This decrease can cause symp- •Keep an eye on the weather,especially on toms ranging from continual shivering,poor larger lakes such as Mille Lacs, Leech, Lake of coordination,and numb hands and feet in the Woods,or Superior.Obtain up-to-date moderate cases to hallucinations and even- weather information from a marine band tual death in most extreme situations. radio,AM radio,or by simply watching the Cold water robs body heat 25 times faster • sky (Most bad weather in Minnesota comes than air of the same temperature, so if you from the west or southwest.) capsize or fall out of your boat,immediately If you are caught in rough weather, put on attempt to reboard your craft.Most small your PFD, keep low in your boat and head for boats if overturned,can be righted and bailed the closest shore. In heavy waves, your boat out. In fact,modern small craft have built-in handles best when you head into the waves at flotation that will support the weight of the an angle. occupants,even after capsizing or swamping. •Whitewater canoeing is not a sport for the • If you can't right the boat-climb on top and beginning canoeist. Learn whitewater tech- hang on. piques from experts, wear your PFD at all Wearing your PFD will help protect you times, and use common sense in shooting from hypothermia in several ways. It rapids. decreases the amount of movement • Inflatable toys are no substitutes for swim- necessary to remain afloat,and it also helps ming skills. learn how to swim. Know your to insulate you from heat loss.A PFD will also 36 37 A OM ON IMO INE MN NM 11/11 MO — — Mil l MIN MI Me in MN MIN MI MN MR keep you afloat if you become unconscious ALCOHOL CONCENTRATION CHART due to hypothermia. a00 5 WIICNI IN POUNDS NrM1 ORINRY IOU 11U NU OW IRO YUII ZZe 240 WINMr(J\ COLD WATER SURVIVAL TIME 1 .04 .03 .03 .02 .02 .02 .02 .02 1 2 .08 .06 .05 .05 1.04 .04 .03 .03 (surw 5 i I 11_ 3 . A9 As .07 .06 .06 .05 .05 - -- 4 .15 .12 .11 I.09 .08 00 A7 A6 onNM1oN c 4-High Probability 0 0l Death 5 .19 .16 .13 .12 .11 f.09 A9 .08 WM1NIl1 a, t _ , i 6 .23 .19 .16 .14 .13 .11 .101.09 E Danger Zone. 7 .26 .22 .19 .16 .15 .13 .12 .11 Z 8 .30 .25 .21 .19 .17 .15 .14 .13 0 oo o t .� _' Low Probabillly 9 .34 .20 .24 .21 .19 .17 .15 .14 onwl m NW of i Death 10 .30 .31 .27 .23 .21 .19 .17 .16 5 •S tU 40 50 7D ubuac!.);S%Ior each how of dunking • Water Iemperalure 1°F) ` !1 glass wine•I bank 01 beef.1 MghbalU The Danger Zone indicates where safety precautions and By the chart above,you can see that only two drinks impair the Y P functioning of people under 160 pounds)Remember,alcohol appropriate behavior(adopting H.E.L.P.)can increase your isn't the sport.Boating is the sport.Enjoy it safely. chances of survival when immersed in cold water. THE DROWNING MACHINE • Booze is bad news!Alcohol is involved in •towhead dams have claimed the lives of about half of all boating accidents.Even in almost 40 Minnesotans in the last dozen moderate amounts,alcohol adversely affects years.These dams are usually small structures such vital body functions as balance,coor- I no more than 10 feet high,although some are dination,vision,and judgment.Combining as low as six inches.Because of their small the effects of cold water and alcohol can size,they do not appear to be dangerous, speed the onset of hypothermia(cooling of especially from a boat or canoe upstream. In the body's inner temperature),causing even the spring and during other periods of high runoff,however,the dams become very good swimmers to drown in minutes-often times within a few yards of safety. dangerous.The recirculating current created by the water pouring over the dam creates a backwash.This current takes any object - in- cluding people wearing PFDs-to the bot- tom of the stream, releases it to the surface, sucks it back to the face of the dam,and pushes it back to the bottom;the cycle can continue indefinitely. Swimmers,anglers, canoeists and people in motorboats all have fallen victim to this perfect drowning 38 machine. Keep well clear of these structures. 39 .4 • - • yy:M • ........ Region 2: 1201 E. Highway 2 DANGER! Grand Rapids,MN 55744 0041.5 NIl YIC0I.IWC (218)3271755 Cu0NINIS Alt p+1 1045 0AY CAN'MAP AN0 061OMM•0IC I W Region 3: 1601 Minnesota Dr. Brainerd,MN 56401 1•` (218)828-2560 j Region 4: Box 756,Highway 15 South New Ulm,MN 56073 This sign,installed at many dam sites around the stale,warns (507)354-21% people of the potential dangers of a towhead dam. Region 5: 2300 Silver Creek Rd.N.E. Rochester,MN 55901 • Learn more about boating and water safe- (507)285-7420 ty. Organizations such as the DNR,Coast Guard Auxiliary, U.S. Power Squadrons,Red Region 6: 1200 Warner Road Cross,and local school districts have free or Metro St.Paul,MN 55106 low cost education programs and publica- (612)296-3572 (ions available. Call(800)336-BOAT toll free to find the class nearest you. 1_1 Agency Directory i Vtil!r Minnesota Department of Natural Resources Boat and Water Safety Section 500 Lafayette Road St. Paul, MN 55155-4046 (612)296-3310 License Bureau 500 Lafayette Road St. Paul, MN 55155-4026 (612)296-2316 6 Regional Offices 4 Region 1: 2115 Birchmont Beach Rd. N.E. Bemidji, MN 56601 (218)755-3955 40 41 MR MN MN 11.1 MIN 11.1 MIN MO NM /11/ MIN NON INN OM 1- Local DNR Conservation Officer 1990 I Check the while pages of local phone SUNRISE AND SUNSET TIME SCHEDULE directory under Minnesota Department of Longitude of Minneapolis Natural Resources. In an emergency,contact Variation approximately 4 minutes to each the Minnesota State Patrol who will relay your degree or 1 minute for each 12 miles.Add to request. determine time for points west,and subtract for points east of Minneapolis. County Sheriffs . Check the local phone directory.Sheriff's 00 AM. MAY JUNE MO AUG. - U. ar. • emergency numbers will usually be listed in- Mi. wl "114 •".11" •" •1" INS INN `'1 112 a 710 sr •M PO 4M 1M 4M /M 1M /M Nt w N1 w 4M /M • side of the front cover. 114 MI 1:N IN 1:31•:M 1:311 211;1114 11:11-111:311 111 1:11 1:1 218 7:41 417 1:31 2711 213 131 1:113 7:61 1:31 211 1:41 1:11 III 2«7:43 1:N 1a+•:N car 1:71 1:N eN an 4:31 7:47 7:13 111 United States Coast Guard 1:M 7:44 1111 1R2 1:24 IN 1:M 1:N 411 1:311 1:31 1:N 714 1:411 2N 1M 2172711 GA 2/4227217 111/11:31 1:317:21 1111 24/ Boating Safety Hotline 7:46 7:N 1:47 4:N 114 en 1:M 7:31$12 7:«/:M 141 7:42 7:17 1:N TOLL FREE (800) 368-5647 0:43 7:47 214 1:N 227 417 1:34 1:M 1:N 117 1:42 1:61 7:14 ON • 1:43 7:47 1:17 Cl)3:21/:M 1:11 1:11 4:M 1:31 1:41 7:38 7:11 11:41 2N 111 1:M 1:11 1:11 2M 211 1:11 1:N 1:n 1:N 1:M/1:71 7:N Coast Guard Station DULUTH N Mn 112 IN 271 1:41 1:M 271 cN IN 2311:41 7:37 112 271 120'1 Minnesota Street 11 1:33 213 3:40 1:31 3:71 1:M 1:37 1:41 CM•:M 1:47 7:32 7:11 8:71 17 134/14 1111 237 1:31 1:M 234 111 1:11 1111 2.411 7:41 1:41/:14 Duluth,MN 55802 u 1:33 714 1:41 233 120 111 1*WM 4:17 123 1:41 7:31 1:21 1:37 (218)720-54 2 14 111 7:17 was 1:34 1:»1:n 1*an 211 1:22 4:41 1:27 7:n 8:0 N 271 l:M 1:41 231 271 211 241 cif 214 en 1:111 715 1:111 en 1 n 1:27 221 243 4:11 IN 1U 1:41 4:14 4:111 till CU/23 7:711 SW n 1:41 111 1:41 241 CN 1:41 1:41 1:77 1:n 1:17 1:77 1:71 11//:21 United States Army II 234 1:11 1:41 1:11 1:14 1:41 1:43 1:77 1:17 4:17 1:77 1:77 1:17 Cn Corps of Engineers M in cN 1:41 7:41 en 1w 144 4:«1:11 cN 1:77 7:11 7:34 1:71 N 221 111 1:11 241 111 cN 241 1:77 GNI 1111 CU 1:11 7:31 cn St. Paul District 11 1:41 1111 1:77 7:41 114 141 241 277 222 111 4:77 1:13 7:31 CO 1225 U.S. Post Office and Custom House ` n •:Il WO 117 eN 2.21 1:«$47 M.N 1:21111 l:N 7:11 717 1:17 r 77 277 111 1:$244 efl 2114 277 1:41 1:14 111 111 1111 724 1:77 St. Paul, MN 55101 21 MN mu CN 1:41 1:21 1:«147 8.411 221 1:40 111 7:75 1:41 1:74 n M n e n 271 1:41 5:2111114 277 241 271 1:41 1:41 11111 1:41 11:11 (612)725-7506 n 1:n 4:n MM ra rn 1:«es+211 4:31 co TN r:«4241 Mu 77 CN 211 1:31 141 121 114 111 1:41 177 W41/:11 7:77 7:41 1M 11 GU1:M1:N1:40211 1:«1:«1:41 C:M/AS 1:N1:N141SS federal Communications Commission n 7:41 1:77 7:33 1:71$21 1:21 CM 544 4:31 1:77 7:41 CM 411 1:41 (Marine radio information) n 1:41 1:11 1:71 sin 1*to cN 1:41 217 717 7:41 CM 1:41 1:41 Federal Building, Room 693 31 •3•11:•3 277 1:41 112 111 1M 241 316 North Robert St. St. Paul,MN 55101 DISPLAY YOUR NAVIGATION LIGHTS (612)290-3710 BETWEEN SUNSET AND SUNRISE Ceiketait---- , Cover Photo: Timothy M. Smalley MINNESOTA . 1990 43 • 42 ..- kV -0215 4-.1 CITY OF If, s - i 4 I CHANHASSEN ,r 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 • FAX (612) 937-5739 IMay 18 , 1990 1 Jack Melby 40 Hill Street Chanhassen, Mn 55317 1 Dear Jack, 1 Councilmember Dimler passed on a copy of a letter to her from you regarding the operation of jet skis on Lotus Lake. She asked that 1 contact you and let you know that we are keeping abreast of the jet ski situation on Lotus Lake and various communities 1 that are passing laws regarding jet ski operation. As such, I am sending correspondence that I have had with Georgette Sosin regarding this very issue. Included in the correspondence are 1 several articles from various newspapers regarding community reaction to this controversial issue. 1 While we attempt to gather information on the jet ski issue from these various sources , we- will readily monitor the access at South Lotus Lake. I have personally responded to the area with I Deputy Gary Bangsten of the Carver County Sheriff ' s Water Patrol . Together we should ensure that the jet skis operate in a safe and legal manor regarding all applicable state and local regulations. In addition, I have had correspondence with Park 1 and Recreation Coordinator Lori Sietsema asking that signs be posted indicating that jet skis must adhere to the same rules and regulations that all watercraft must adhere to on Lotus Lake. 1 Please let met know if there is anything else that we can do, and rest assured that Councilmember Dimler and the entire City Council is well aware of the situation. 1 Sincerely, 1 (11' . im Chaffe , Public Safety Director IVJC/bk c: Scott Harr , Asst . Public Safety Director 1 Don Ashworth, City Manager Ursula Dimler, Coucilmember 1 1 CITYOF C 11 A N II ASSEN 1 1 r._ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I N. May 8 , 1990 I Georgette Sosin I 7400 Chanhassen Road Chanhassen, MN 55317 Dear Georgette, II I thought you might be interested in the article in the community II section of the Star Tribune on Thursday, May 3, 1990. I assume this is the article that Henry told you was in the paper . Please keep me posted as to the extent of the problem if, in I fact , it does occur again. We will do whatever we can to assist in alleviating the problem within the resources allocated. I have met with Deputy Gary Bengston of the Carver County II Sheriff ' s Water Patrol and we have physically gone out and surveyed the South Lotus Lake boat access. Although we could not come up II with many solutions for the jet ski problem, he did promise to enhance the patrol coverage of Lotus Lake. We can only hope that this will help. Please keep me posted. 1 Sincerely, II imC affe I ublic Safety Director I JC:cd 1 Enc. cc: Don Ashworth, City Manager 1 1 1 1 - _ _.. - .'._.I--, • ••• • VWu I.UJI just as much to do nothing." Facilities Task Force The 45 member LRFT: �m- )call for expensive and IrF i The district has not yet Wing changes to the way 11 Referenuum passed in prised o! parents, administra- tors, figured what the specific costs soon is delivered to K Wayzata. Page 20A t0�� board members and corn- coWd be to individual taxpayers $ � the munity members, outlined 10 in the district. different scenarios for handling Tom Berge, director of iti. enrollment growth. business services, estimated if . scenarios presented by opening an east and west junior The total costs for the pro- the bond election was passed it RFTF offer a range of op- high or middle school, and posals range from$20 million to could increase the school dis- uding changes in school • remodeling, rebuilding, or sell- $25 million. A tentative trict portion of a resident's tax lines,having different ing Excelsior Community timetable calls for having a !classifications for schools, Center. bond election this October. DISTRICT 276: To next page iii ,Fri, ,,,,,,r_ i„iv der,t - ...-...„-,,,,...,-. _ ._ . :-�_._ Watercraft usage iii. , . ...._,...„..,_ . . . .,.._......„, ..._..._ .,...4„,4' - rie -",t,-- - - . 1. „=jt. _ - - _. ,,,,............ } - .' 4.. .. . ,_ . - may be limited t'■�:7 j ' By Parker Hodges LMCD il"t`. - ..f( � ' t--' - g the ordinance committee that drafted .- ' 4 '..1t ,- '+"' ' `_t: Proposed regulations controll- "We don't want to do what --24,:.-0.7'14,_ ' fo-4-_--,NA.,-;;-:- -,4�: ing the use of one-or two-person he ;t '9� •":}ry - watercraft Lake a Y have done in New Hemp- -• Minnetonka shire: ban them, he said : � ,-2)----,-...t _ I � ' jumped their first wake last But not all in attendance ,t if b.= Wit„ "_ . +r44t-'{ i__ ce saw tI - � ►,;. :; = _;; week, with two more waves to the ordinance the same way as .: _r-4,....„1„„, dfi- go. Foster. "What you would do by passing this ordinance .,� � ,;,�'� -r -�}�` �•,�-�.�-��°�� : The Lake Minnetonka Coriser- Y t ! ',F vation District (LMCD) Board away the right enjoy boats take . _•, - Y 1 r `"' "' of Directors gave the new or- Lake ri t to enjoy on ,,,� Minnetonka," said Steve L 4 _ �.. - .dln ice its first of three Wagner; who owns a business - - _�i r.__- .,. s -_ `iti#F.t- _ .--i headings March 28 to a packed that rents f �. , --� -- g house of "personal watercraft" „ personal watercraft. f�'� '� '"��r��-� �.,��E-��. � "You need to increase educa- •4"::-.7:;:'! -+ . , . -_ ��, - riders and related business tion and enforcement,not put in• t ' �.` ''` owners.need to r rules,,,said Wagner. - „s.• ; regulate this ac- The ordinance is designed to - s _` z ..- r tivity,to not take away from the relieve Lakeshore homeowners i; i7e -- f n ohn�, but to also protect and lake users from the high- r r ,r " .: i ore homeowners,,, said t _,`i►_r.r- ,, _ .• Bert Foster, who chaired the LMCD: To a i 1 - = g x F } ._. = � Council approves . -" water restrictions j 1 4 ,4"�,,r aj; y r ,A, 1 ,,t� ;, By Richard Crawford Properties with even- • v �. �f_ ,- r numbered addresses may -1 'Ah., $sd`i .-r;: �' �► 4`,KF Private well owners may not sprinkle on even-numbered . ! 4i tip' ? ys : 'p�4. r, f ;- i� have gotten what they wanted before 11 a.m.or after 6 p.m. 1 z-�3� N , .4,: , Apri12 but at least they won't be properties with _' �'� •0.ftA4L - penalized as much if they violate numbered ad odd- "a Vii',,. > `:rtw,i..z Y -* ' watering restrictions approved nresses mys by the Minnetonka City Council. Sprinkle on odd-numbered days h' before 11 a.m. or after 6 p.m. ' with the primary took residents need is start a backyard Some private well owners One exception to the rule con- have objected this year and in cerns hand-held hoses, which previous years to restrictions can be used at any time. es com ostm sett the city. ee the April 2 City Council meeting, Oscar Erickson and Jim Romitti, Minnetonka fits can set up and ash and sawdust. residents and private well I compost piles without "The city wants to encourage owners, continued to question `' INSIDE_ Ilot of time or money, correct backyard composting," why private wells would be sub- . Elstad said. "Not just piling it ject to the same rules as City reviews park ird composting can up and leaving it." municipal water users. rules Page 3A expense of A fenced-in compost pile Alth -igh private well owners iles$1 to$2 per bag ,about five feet square at the will I : subject to the same of yard waste or base usually is large enough to regal inns whin filo urn tori.,R 1?^to;1*ar. ..,..._ t L,iLy or riymouth to consider water . sui ice usage ordinanc , . for • • . het skis • By Vicki Biggs rented the petition signed by 81 percent of Lakeshore ov.ners, said she under. At their May 7 meeting, the Plymouth stood that any ordinance would probabl■ City Council directed staff to meet with come too late to spare her neighbors Eh!, residents of Parkers Lake and conceive a summer. water surface usage ordinance for the The Lake Minnetonka Conservation city. Lakeshore owners had petitioned District has recently attempted to control the city to take action against noise and the noise pollution created by jet skis "reckless' behavior resulting from the with regulations,and the city of Victoria 1 proliferation of jet skis has a water surface usage ordinance ad- Council discussed ordinances passed dressing such craft under cons•iderauo;; in other cities that limit the horsepower by the DNR. of any craft, effectively shutting out the Council also passed an ordinance re- I noisy jet ski which can have as much as a vision giving senior citizens of 62 yea's of 50 horsepower engine. age or older a 10 percent discount on their But City Attorney Jim Thompson, Jr. water and sewer rates. "I'd rather see us warned council and petitioners that any hold the line on water and sewer rates for 1 water surface usage ordinance would everyone,"said Mayor Kim Bergman.Ht have to pass muster with the Department cast his vote with the rest of the council. of Natural Resources (DNR). "That can however. take up to 120 days," he said. Parkers In other council action.the master plan I Lake resident Marsha Videen, who pre- for Swan Lake Park was approved with the addition of a parking lot at the northern tip of the lake. Despite resident I sentiment against providing a parking area, council argued that without park- ing,streets would clog with cars and the park would be inaccessible to many. I "I can't support a park with parking for just the immediate neighbors," said Councilmember Maria Vasiliou. Robert Zitur added, "These parks belong to I everybody," and mentioned the handi- capped and elderly as those who would need parking the most in order to use the park 1 The total cost of the park will be $140,000,with additional funds needed to build the parking lot. In other action, council appointed J. Paul Dolan of 6110 Berkshire Ln. to the Board of Zoning Adjustments and Ap- peal to fill the seat of Michael Porrio who had resigned. They also approved a I space need study for the proposed public safety building and voted to cut 511.300 from the budget for video productions. With constant references throughout 1 • the meeting to budget.council set a date later this month for a retreat to set city council goals in light of recent cuts in state aid and the impact on the city cof- fers. City Manger Jim Willis told council late in the meeting that the omnibus tax bill passed by the Legislature this ses- sion will take$143,000 in anticipated aid from Plymouth Galy-A-Dock 1 f .0=°i I II •� •�••WM .. �� 1 AAA I1...... .....- - I I Mr. Don Ashworth Date: 05-15-90 P. 0. B. 147 Chanhassen, Minnesota 55317 The purpose of this letter is to remind you and re acquaint you with the problem of "JET" skis in the City of Chanhassen. I am a resident of Chanhassen and live on Lotus Lake. ' Over the past two to three years I have seen an alarming increase of the use of Jet skis on Lotus Lake. These devices are like water motor cycles in that they are very fast and extremely noisy. More than any other water craft, Jet Skis are extremely loud and make enjoyment of my yard, deck and lake almost impossible. Apart from the fact that Jet skis are noisy beyond endurance, they present a safety problem to their users and other lake users. Especially on small neighborhood lakes like Lotus. ' I believe that Jet Skis must receive at least the same treatment as other water craft on Lotus Lake and other city lakes in that: ' - They must meet some kind of noise limits - They must follow all the state and city laws/rules that other water craft must follow. - They must follow local rules applied to small neighborhood lakes like Lotus. Traffic patterns ect. Please pay attention to these recommendations and solve an already ' troublesome noise problem and possible safety problems by treating Jet Skis as "WATER CRAFT" and apply the current laws and rules accordingly. • Sincerely, Jack Melby ' 40 Hill Street Chanhassen, Minn. 55317 /1•&p I MAY 171993 CITY OF CHANHASSEN I / s I CITY OF cHANHAssEN C0101 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, h""or^^T" ee i i (612) 937-19000 FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager ' FROM: Jim Chaffee, Public Safety Director I DATE: April 3, 1990 SUBJ: Water Jet Ski Complaint , I noticed on the upcoming City Council agenda for April 9, 1990, there will be a water jet ski complaint that will be addressed by Councilman Johnson. I have talked to Councilman Johnson who indicated that he had received a call from Georgette Sosin regarding her jet ski concerns on Lotus Lake. I also discussed , this matter with Georgette on March 22', and dictated a memo at that time outlining her concerns (see attached memo with Council meeting minutes from August 14, 1989) . ' In our discussion on the phone Georgette mentioned the possibil- ity that other states have directly or indirectly restricted or even prohibited the operation of these jet skis/water bikes. I have discussed the problem with Anita Twaroski at the DNR. She stated that the state legislature did not have time to address the jet ski/water bike issue for 1990. The DNR had requested changes to require life vests, no water skiing, no night time operation and a requirement to attach the lanyard while operating the machine. Because the legislature will not look at this issue, the state law that covers watercrafts in general will apply. Anita futher stated that to her knowledge, New Hampshire is the 1 only state that has totally banned the sale and operation of jet ski/water bikes. She also said that last year the DNR, PCA and the Hennepin County Sheriffs Department unscientifically tested the decibel level of 5 different stock jet ski/water bikes. 2 out of 5 failed the 85 decibel limit. Background: ' Last year I received a call from the Sosins asking me to respond to their residence and observe the nuisance that the jet skis ' were creating. I did respond and observed two jet ski water bicycles operating in very close proximity to the Sosin shoreline in what appeared to be a game of tag. It looked as if one was chasing another and they both were making very tighj circles and ! . I ' Don Ashworth April 3 , 1990 ' Page 2 jumping over the wakes that each of them was creating. They were not necessarily creating a danger to anyone but they were, in my opinion, very bothersome especially because of the noise. At that time we discussed an ordinance amendent that would restrict ' the hours of operation for these jet ski bikes. Of main concern was the operation of wet bikes during the supper hours . It was discussed, although never formally presented to City Council , to ' restrict the operation of these watercrafts from operating bet- ween the hours of 5 p.m. and 7:30 p.m. This is an option we can pursue should the City Council wish us to do so. In the meantime, we discussed the possibility of posting very prominent signs at the entrance to the South Lotus Lake access that would be germane to all watercraft , but, would specifically ' highlight jet ski/water bike operations. It would also point out the rules of the water surface usage for Lotus Lake. I have attached a copy of the Boats and Waterways Ordinance, Chapter 6 for your information. In addition, I have written a letter (see attached) to the Carver County Sheriff ' s Department asking for high visiblility and ' enforcement of all watercraft rules and regulations for our area lakes , in particular Lotus Lake. The Sheriff ' s Department has been more than cooperative in the past and has extended every effort available to them in alleviating our concerns. RECOMMENDATION: ' It is Staff ' s recommendation to solicit input from City Council and seek their guidance in our enforcement efforts concerning the operation of jet ski/water bikes on Chanhassen lakes, in par- ticular Lotus Lake. ' Tanager's Comments (4-5-90) : Although the Council may wish to discuss this item, alternative actions are minimal. I may not like it that my neighbor mows his lawn at 6:00 a.m. on Sunday mornings, ' but there is no statutory prohibitions against such. Water jet ski machines are not prohibited under state statute. If Minnesota legislators decide that we should join the ranks of New Hampshire, ceasing operations would be possible. Lake Minnetonka Conservation District is in the processing of carrying out an extensive study regarding water jet skis. Tabling action until such time as a review of their findings can be made is recommended. IR I IC- CITYOF --CHANHASSEN . _ _ . • /3-L-- I ., • f , .:'�" 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �\ (612) 937-1900 • FAX(612) 937-5739 II MEMORANDUM I TO: Don Ashworth, City Manager I FROM: Jim Chaffee, Public Safety Director • DATE: March 22, 1990 I SUBJ: Jet Ski Concerns/Lotus Lake Georgette Sosin called today with some concerns that she has regarding the operation of jet skis on Lotus Lake. You may I recall that at the City Council meeting on August 14 , 1989, Henry and Georgette were there to speak about the jet ski problem during visitor presentation. I have attached the minutes from Ithat meeting referencing the discussion. Georgette seems to remember that some sort of direction was giving, i . e. the posting of signs , the drafting of an ordinance, I or some other measures . Unfortunately, I do not think we ever did anything on this one. As Georgette told me on the phone, she thought that the problem ' I was brought so late into the season last year that the jet ski situation relieved itself just by the summer ending. She is, however , concerned about the upcoming summer and once again being II faced with the very real nuisance of the jet skis operating in careless , reckless and noisy fashions. Consequently, she has asked that we prepare and post signs indicating that jet skis are I regulated under the same ordinance that regulates motor boats. This would Mean that they can only go counter clockwise on Lotus Lake. She would like to see a very prominent sign posted at the South Lotus Lake access specific to jet skis indicating just what II the rules are. She is also concerned about the danger presented by these jet I skis. She is aware of several states that have enacted laws that prohibit the operation of jet skis because of their inherent danger. I Georgette's main concern, however, is thg noise level that is created by the operation of the jet skis near her home. She is II looking at the posting of signs as a short term measure and would II • Dop Ashworth ' March 22 , 1990 Page 2 I look at an ordinance amendment in the long term. She indicated that she will be calling Mayor Chmiel to remind him of the problem. She mentioned seeking an ordinance amendment that would restrict the operation of the jet skis to certain hours during the day. She also thought an ordinance amendment could be enacted that would prevent the jet skis from operating in a very ' tight circle which she has observed them to do. She thought an ordinance requiring them to operate in a counter clockwise motion similar to boat traffic but that the jet skis would have to follow the shoreline and not do the manuevers in a tight fashion. ' I would Iike to discuss this at our next Department Head meeting since this has an impact on the Park and Recreation Department . I 1 1 I • City Council Meeting - August; 14, 1989 1 I Don Ashworth: Her projections show that that district could cease in 1995. That is up to the City Council in terms of really making that decision. The district itself has a life to 2001. The financial structure as currently in place will allow you to cease it in 1995. Councilwoman Dimler: It's a considerable length of time if we go to 2001. 1 Don Ashworth: By the time that they would start construction, their first full taxes would be 1991. Probably 1992. , Mayor Chmiel: Is Mr. Robert's here this evening? Mr. Roberts: Yes I am. , Mayor Chmiel: Could you come up to the podium for just a minute please. In reviewing this I was just looking and I didn't see the total numbers of the employees that would be employed within the facility. Mr. Roberts: We currently have about 85. ' Mayor Chmiel: You have 85 employees presently? Mr. Roberts: Right. And that would give us, going from 25,000 feet which we 1 currently are at, to 40,000 and then additionally room to go to 60,000. That will give us about 150 employees. Mayor Chmiel: About 150. Good. Does anyone else have any questions of Mr. Roberts? If not, thank you very much. Resolution #89-89: Councilwoman Dimler moved, Councilman Johnson seconded to approve a Resolution Authorizing Preliminary Approval of Industrial Development .Revenue Bonds for Roberts Automatic Products. All voted in favor and the motion carried. Councilman Workman: Mr. Roberts, this is a manufacturing? Mr. Roberts: Yes it is. ' Councilman Workman: I guess I'd just like to say, I thought manufacturing was $dead in the United States. It's nice to see it caning to Chanhassen. Councilman Johnson: There are several manufacturing places building here. Councilman Workman: I know. It's great. , * VISITOR PRESENTATIONS: 1:7 Henry Sosin: My name is Henry Sosin and I live at 7400 Chanhassen Road. I live on Lotus Lake and I'm here to point Out the presence of a nuisance and a disaster waiting to happen. A concerned noise pollution and human safety. I'm 14 II - City Council Meeting - August 14, 1989 1 . • referring to the use of jet skis on our city lakes. Just recently I understand II there was an actual collision or an accident with a jet ski involved on I think it was Lake Riley I believe. You can sit on your front porch or you can be out around your house and while attempting to have a normal conversation with 1 someone next to you, you have to shout to be heard because of the noise of this particular kind of machine. They're louder than most ski boats that are on the lake. Not only is it a question of the noise intensity or the decibels they produce but the way the jet ski is used as a recreational vehicle. The people who ride them actually play tag with them. They create a wake and then they try to turn the machine quickly and jump the wake which makes it sound an II extremely variable pitch in the sound. So in reality when you're listening to a jet ski, it sounds like you have a chainsaw; about twice that decibel level about 5 feet away from you. That's what they sound like. Unfortunately people don't ride them singlely. There's 2 or 3 or 4 people who have these machines II and they like to play tag with them so you're listening to 3 or 2 or 4 of these things all at once and you literally cannot have a conversation on your own front porch. Unfortunately these people ride their machines at the same time you cane home from work so that if you do have an outdoor patio or if you try to IIlive outside in the summertime, as all good Minnesotans try to do, you cannot have a conversation. It is a real nuisance for those people who live close to the water. The other thing I'd like to point out, well in relation to noise, I we've been so exasperated at times, we tried to make a tape recording. Unfortunately we don't have professional sound equipment. We only had the little kind you talk into and the tapes don't come out very well so I don't have I a tape to play for you tonight but a few of you have been contacted by my wife when she's been irritated enough and tried to have a telephone conversation with a portable phone outside. I don't know what it sounded like on your end but I know that a few of you have had that experience and I think it was evident to 1 those people that there was a real racket going on. Mayor. Cihmiel: I can verify that. Your wife did call me on that Sunday and I II did go down to the lake to see what was there and there were 3 jet skis and they were, as you mentioned, playing tag and fortunately enough I took license plates ` and numbers and had those verified and checked out and we have them from St. Louis Park, Excelsior and Eden Prairie. None of those were residents within the 1 City which is a problem in itself. Henry Sosin: We have machines that a resident on the lake as well. The other II thing I'd like to point out is that when you're on a small lake and ours is the one that's on the left hand picture there which is very narrow in some spots. That's Lotus Lake on the left. Everyone who lives on the lake and even those I j people who come on the lake using the access, there's a big sign that's posted that says all motorized craft go in a unidirectional pattern around the lake just to prevent people from killing one another. These jet skis do not follow . that pattern. They're just all over like mosquitoes. They do as fast if not Ifaster than a ski boat and I think they represent a major safety problem. I think somebody's going to be badly hurt on one of these unless there's sane kind of control. So the purpose of my being here is to suggest that the Council look Iinto this and hopefully provide sane relief from those people who live close for J noise pollution and more importantly possibly provide some guidelines so that there will be safety on the water as well. Just in the way of recommendations, since we've thought about it a lot having to listen to them, these kinds of I machines probably, and I don't know this for a fact, probably are violating noise pollution ordinances because they are so extremely loud. It's possible II15 City Council Meeting - Au._ 14, 1989 11 ft that they be banned. Maybe the Council could look into providing hours for. II their use that don't disturb the residents at dinner hour as an example. I think much of the noise pollution would. be stopped if they were made to follow the same unidirectional pattern of useage as all other boats on the lakes were to do. Thank you. I( Mayor Chmiel.: Thank you very much. I did have some discussions with Jim I Chaffee. Jim, maybe you could just elaborate on that just a little bit. Jim Chaffee: Mr. Mayor, I have heard over the phone the noise from the jet skis II that Mr. Sosin has talked about tonight. He is right that it does interfere with a normal telephone conversation. Just on a side comment, about 2 weeks ago we did have a fairly serious accident on Lake Riley involving a jet ski where an individual attempted to jump a dock with one. He didn't make it. He was II impaled on one of the dock supports. He lived but will have permanent disfiguration. Another side comment is, the State of Minnesota is beginning to realize that these things are potentially dangerous and are sometimes a nuisance II and they are beginning to look at it from an enforcement standpoint also. The DNR especially. Some of you may have seen the special on KARE TV a couple weeks ago involving jet skis. I have written KARE, having been provided with a name by Mrs. Sosin for a copy of that tape. We hoped to have it here tonight but we II didn't get it in time. As a matter of fact, I haven't heard back from them. There's a number of opportunities for us I guess, and as Mr. Sosin was saying, in providing an ordinance that would limit the hours of operation. I don't see II banning as an option. I don't think that's going to happen. One of the things that we will do is advise Water Patrol to take hard enforcement action involving these jet skis if there is any kind of careless or wanton disregard for life or property. Especially on Lotus Lake there are the directional issues and we can it enforce those so in the meantime we can take whatever measures available to us using what resources we have. IIMayor Chmiel: Fine. Thank you. I think it's something that we're g of to have to look into and I agree. As we had conversations, it was hard hear what you were saying because of jet skis over rode your voice tones and it was II `noisy. I think there's something that we can look at and discuss at one of the next future Council meetin s and come uo with some kind of a conclusion. Jim, wou you, once we get ready with that, when we're done, make sure they're II infozmed as to when. Thank you for coming in. Councilman Boyt: We have the noise ordinance is on here tonight. IIGeorgette Sosin: •I saw that. . ' Councilman Johnson: The other thing was the, last year there was another II problem that was occurring which you and I talked about. Have you noticed that . this year? I haven't noticed it myself very much. Georgette Sosin: ...looked into it and you could hear that. It was a I manufacturing sound that echoed. Somehow it was amplified on our lake. Acted as an amplifier for any kind of sound because we're up higher and that has been taken care of. Tb my knowledge, I have not heard it. 1:11.1: Henry Sosin: I understand there was...same machine for a period of time. 16 II J '-City Council Meeting - Auyust 14, 1989 11 ir- Councilman Johnson: Yes, the muffler fell apart little heavier steel the second time. part and they had to weld it with a Henry Sosin: It was repaired and we do not have that robl p em now. Councilman Johnson: Well good because I haven't heard it lately. I just wanted to check on that as long as you were here. �s' T IArnold Felding: My name is Arnold Felding from Winthorp. I've been selling sweet corn at the Taco Shop down here for the last 3 weeks. I'm wondering, I was kind of surprised when I was told to leave after I was told for the last 12 years they've been selling vegetables and stuff there. I'm wondering if there's some kind of suggestion by Officer Chaffee over here that .I could somehow get a temporary permit so I can continue selling my sweet corn and stuff. ' Mayor Chmiel: Is there any requirement as far as ordinance is concerned? If the individual is agricultural products, my understanding is that those can be sold if they have the approval of the property owner. Is that not another ' condition? Jo Ann Olsen: It's only permitted as a roadside stand and that's as an ' accessory use in the agricultural district. Where we've allowed similar things was like Christmas tree sales and that was with temporary conditional uses but as you know we don't have anymore right now so he really doesn't have an option that I see. It's not a permitted use or even an accessory use or conditional I use in that district. Councilman Boyt: May I jump in here for a second? ' Mayor Chmiel: Yes. Councilman Boyt: There's a bit of an irony here because he could go door to door and sell his sweet corn but he can't park in one spot and sell his sweet corn. Is that what you're saying? ' Councilwoman Dimler: I'm a little confused. Jim, do you remember at our Public Safety meeting in the morning I brought that up and I asked you then to go look it up and you said it was okay. ' Jim Chaffee: Yes, it was okay under the solicitor's permit. What we then did is I asked Roger to look into it for that particular zoning for that area which i was business highway. For that he'd have to have a conditional use permit for ' outdoor display of merchandise and then he can if he had a conditional use permit. ' Jo Ann Olsen: But this is on the site that already has another use. You can't have two principles. II Councilwoman Dimler: However, isn't there a Minnesota Statute that states that any farmer can sell his produce anyplace he choses providing he has the permission of the landowner? • I 1 17