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Ordinance Number 9

AN ORDINANCE REGULATING OPERATION AND RENTAL OF PERSONAL WATERCRAFT ON WHITE BEAR LAKE

PART I

Purpose and Intent

The Board of Directors of the White Bear Conservation District are authorized to enact regulations relating to White Bear Lake, including: regulating the use of the lake at various times and the use of various parts of the lake; and, regulating the conduct of activities on the lake in order to secure the safety of the public and the most general public use. This ordinance is enacted for the purpose, and with the intent, of exercising such authority so as to secure the public health and safety and the most general public use of the Lake.

PART II

Definitions

Section 2.01 For the purposes of this ordinance, the terms defined in this section shall have the meanings ascribed to them.

Subdivision. 1. "Personal watercraft" means a watercraft less than 14 feet in length which uses a motor powering a water jet pump as its primary source of motive power, and which is designed to be operated by a person sitting, standing or kneeling on, rather than the conventional manner of sitting or standing inside, the watercraft.

Subd. 2. "Lake" means White Bear Lake and all the parts, bays, and channels thereof.

Subd. 3. "Board" means the Board of directors of the White Bear Lake Conservation District.

PART III

Operation of Personal Watercraft

Section 3.01, Operation of Personal Watercraft.

Subdivision. 1. Prohibition. It is unlawful for any person to operate or ride upon a personal watercraft, or for the owner thereof to permit the operation of a personal watercraft on the Lake, in any way which is contrary to the provisions of this Code or the laws, rules or regulations of the state of Minnesota.

Subd. 2. Personal Flotation Devices; Towing Skiers. No person shall operate or ride on a personal watercraft unless wearing a United States Coast Guard approved Type I, II, III or V personal flotation device. No person shall tow a person on waterskis, or any other device, without an observer on board. The person being towed must wear a Type I, II, III or V personal flotation device.

Subd. 3. Hours of Operation. No person shall operate a personal watercraft between 8:00 p.m. and 8:00 a.m. the following day.

Subd. 4. Speed. No person shall operate a personal watercraft at a speed in excess of 5 miles per hour or at a
speed which results in more than a minimum wake within 100 feet of any shoreline, swimmer, anchored boat, person fishing, mooring, dock or other water structure.

Subd. 5. Operation Within 300 Feet of the Shoreline. No person shall operate a personal watercraft at a speed in excess of 5 miles per hour or at a speed which results in more than a minimum wake between 100 feet and 300 feet of the shoreline unless the personal watercraft is being driven perpendicular to the shoreline and to or from the nearest point of water 300 feet from the shoreline or parallel to the shoreline from one location to another in a manner which is not repetitive.

Subd. 6. Automatic Cut-off Device. No person shall operate a personal watercraft which is equipped by the manufacturer with a lanyard-type cutoff switch unless the lanyard is attached to the person, clothing or personal flotation device of the operator. No person shall operate a personal watercraft on which the automatic cut-off device applied by the manufacturer has been altered, disabled or removed. The rental agency is responsible for the correct maintenance and repair of all personal watercraft it rents.

Subd. 7. Wake Jumping. No person operating a personal watercraft shall jump the wake of another watercraft within 100 feet of that watercraft.

Subd. 8. Careless Operation. A personal watercraft must at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including, but not limited to weaving through congested boat traffic or intentionally steering towards a person, dock, or other watercraft and swerving at the last possible moment to avoid collision shall constitute careless, reckless or grossly negligent operation within the meaning of White Bear Lake Conservation District Ordinance No. 4, Sections 2.02 and 2.03. Intentionally operating a personal watercraft in a manner by which the operator is separated from the watercraft during its operation except to avoid injury or collision, shall also constitute careless, reckless or grossly negligent operation.

PART IV

Rental of Personal Watercraft

Section 4.01. License Required. It is unlawful for any person to rent to another a personal watercraft from any dock or launching facility on the Lake without first obtaining a license from the Board.

Section 4.02. Application.

Subdivision. 1. Application Form. Applications for rental licenses must be made to the Secretary of the District on forms provided by the District. The application shall include: (1) the name and address of the applicant, (2) the description of and watercraft license number assigned to each watercraft to be rented by the applicant; (4) the license fee, as established in Section 4.03 of this ordinance; (5) the certificate of insurance required by Section 5.02 of this ordinance; (6) names and addresses of owners of property adjacent to premises where rentals will be made; (7) such other information as the Board may require in the application form.

Section 4.03. License Fee. The license fee for a personal watercraft rental license shall be $100. No portion of the license fee is refundable after the license has been granted. If the license application is denied or withdrawn prior to being granted, the amount of $50 will be refunded to the applicant.

Section 4.04. Procedure for review and approval. The following steps shall be followed in reviewing all applications:

Subdivision. 1. Upon receipt of the application, the Secretary shall review it to determine whether the application is complete in all particulars; and if incomplete, the application shall be returned to the applicant as promptly as possible to enable the applicant to complete the application.

Subd. 2. When an application has been completed, the Secretary shall schedule the application for consideration by the board or a committee of the Board and shall notify the applicant of the time and place at which the application will be considered.

Subd. 3. Review criteria. The Board may either grant or deny the license. In granting the license, the Board may impose conditions as it determines necessary to the public health, safety, convenience, or general welfare. The board may consider, among other things, the following: (1) whether the number of personal watercraft proposed to be rented will cause an undue burden of traffic upon the lake; (2) whether the proposed rental activity will unduly interfere with recreational use of the lake.

Section 4.05. Issuance of license. After the Board has granted a license, the Secretary of the District shall issue a license to the licensee, except that no license may issue until the licensee has provided proof of compliance with the insurance requirement in Section 5.02 of this ordinance.

PART V

License Terms and Conditions

Section 5.01. License term. Licenses shall be issued for the period of April 1 to October 1 in a stated year, subject to suspension or revocation by the Board. No person licensed under this section shall gain a vested right in said license. Licenses are not subject to renewal; a new license application must be made each year.

Section 5.02. Conditions governing license.

Subdivision. 1. General Rule. All licenses issued are subject to the following conditions.

Subd. 2. Insurance. Prior to issuance of the license, the licensee must provide to the Secretary of the District a certificate of insurance which evidences that the licensee has obtained public liability insurance in an amount of at least $600,000, which provides property damage and personal injury coverage for persons who suffer damage or injury arising out of the operation of a rented personal watercraft. The licensee must keep the required insurance in force at all times during the term of the license.

Subd. 3. Age Restriction. The licensee shall not rent a personal watercraft, regardless of the horsepower, to any
person who is less than 18 years of age.

Subd. 4. Instruction. The licensee shall provide a summary of the laws and rules governing the operation of personal watercraft and to provide instruction regarding safe operation to every person renting a personal watercraft, as described in the "Minnesota Boating Guide." The instruction provided to a renter must cover the laws and rules governing personal watercraft as well as the actual operation of the personal watercraft itself.

Subd. 5. Flotation device. The licensee shall provide a United States Coast Guard approved Type I, II, III or V wearable personal flotation device to every operator or rider who rents a personal watercraft, as well as all other required safety equipment.

Subd. 6. Identifying Sticker. Every personal watercraft which is available for rental must have affixed to it in a prominent location a sticker or emblem that identifies the licensee.

Subd. 7. Operations record. The licensee shall be responsible for the conduct of the persons to whom personal watercraft are rented. It shall be grounds for denial, suspension, or revocation of a license if, during any four month period, there are two or more incidents in which persons who rent a personal watercraft from the licensee engage in conduct which violates section 3.01 of this ordinance, whether or not a criminal citation was issued for the conduct.

Subd. 8. Additional conditions. The licensee must comply at all times with any additional conditions imposed by the Board at the time of granting the license. A violation of any of such conditions is a violation of this ordinance.

Section 5.03. Transfer of license. A license issued under this ordinance may not be transferred from person to person.

PART VI

Violations; Penalties

Section 6.01. License suspension or revocation. The Board may suspend or revoke a license issued under this ordinance for violation by the licensee of this ordinance or any other ordinance of the District. The Board shall give the licensee at least 5 days written notice to the licensee of any contemplated suspension or revocation. The notice shall advise the licensee of the basis for the contemplated suspension or revocation and the time, date and place of the hearing at which the Board will consider the suspension or revocation. The licensee must be given a reasonable opportunity to be heard on the proposed action and to respond to each alleged violation. The Board may, in its discretion and in lieu of suspension or revocation, impose a civil penalty upon the licensee. A suspension, revocation, or civil penalty imposed under this section is in addition to the penalties provided elsewhere in this ordinance.

Section 6.02. Criminal penalty. A violation of any provision of this ordinance is a misdemeanor.

_______________________________
Chairperson, Phil Bonin

Attest:
_______________________________
Mary Harrington, Secretary

Date: September 27, 1994

The foregoing is a retype of the original Ordinance #4 on file in the District office. Retyped 9/21/99 only for the purpose of improving readability. To be reviewed by Lake Utilization Committee and Board in '99-'00.

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