(A) Title. This section shall be known, cited, and referred to as the Carver County Slow-No Wake Ordinance.
(B) Definitions. Terms used in this section related to boating are defined in M.S. § 86B.005.
(C) Statutory authorization and purpose.
(1) This section is enacted under the general powers delegated to the counties by the State of Minnesota, pursuant to M.S. §§ 375.51, 86B.205, and 459.20, and Minn. Rules 6110.3000 through 6110.3800 as now in effect and as hereafter amended.
(2) It is the intent and purpose of this section to:
(a) To promote the full use and enjoyment by all of the people, now and in the future, and to promote safety for all persons and property in connection with the use of waters of Carver County;
(b) To conserve the quality of the natural environment;
(c) To harmonize and integrate the varying uses of said waters; and
(d) To promote the general health, safety, and welfare of the general public.
(D) Declaration and designated lakes.
(1) The County Board of Commissioners declares a high water emergency on the designated lakes as defined by division (D)(2) and imposes a slow-no wake restriction pursuant to Minn. Rule 6110.3700, Subpart 9.
(2) Designated lakes. This section shall control and regulate the use of the waters of the following lakes located in Carver County along with the following triggers:
Lake
|
Area of lake
|
Water level at which slow-no wake restrictions apply
|
Lake Bavaria | Entire water body | At or above the ordinary high water level of 972.7’ |
Reitz Lake | Entire water body | At or above ordinary high water level of 937.8’ |
Lake Waconia | 600’ from shore | At or above FEMA 100-yr. flood elevation 962.92’ |
Lake Waconia | Entire water body | At or above ordinary high water level of 963.1’ |
Piersons Lake | Entire water body | At or above FEMA 100-yr. flood elevation 962.98’ |
(E) Watercraft speed restrictions. During the period this section is in effect, including any extensions herein, it shall be unlawful for any person to operate a watercraft at greater than a slow-no wake speed (five miles per hour), 24 hours per day within the slow-no wake restriction area specified on any designated lake.
(F) Removal of speed restrictions. The slow-no wake restrictions shall be promptly removed from any designated lake, pursuant to this section, once the water body has been 0.1 feet below the elevation that triggers the slow-no wake restriction for three consecutive days.
(G) Enforcement. The primary responsibility for enforcement of this section shall rest with the Carver County Sheriff’s Office. Other licensed peace officers, including conservation officers of the Minnesota Department of Natural Resources, are also authorized to enforce the provisions of this section.
(H) Penalty. A person guilty of violating any provision of this chapter shall be guilty of a misdemeanor as defined in M.S. § 609.02(3), as it may be amended from time to time.
(I) Exceptions. All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the foregoing restrictions.
(J) Notification. It shall be the responsibility of Carver County to provide for adequate notification to the public, which shall include notification on its website and news releases. Carver County is also responsible for placement of a sign at each designated lake public watercraft access, outlining essential elements of this section.
(Ord. 98-2022, passed 5-3-22)