ORDINANCE NUMBER 1
AN ORDINANCE TO REGULATE THE CONDUCT OF VEHICULAR ACTIVITY ON THE ICE OF WHITE BEAR LAKE.
PART I
Purpose and Intent
The Board of Directors of the White Bear Lake Conservation District enacts this ordinance regulating the conduct of vehicle activity on White Bear Lake to secure the safety of the public thereon and to provide for the most general use thereof.
Vehicles shall be operated in accordance with the Laws of the State of Minnesota and the local ordinances. It is the intent of this ordinance to supplement Minnesota Statutes 1976, Sections 84.81 to 84.89, as amended by the Laws of 1977, and Chapter 31, with respect to the operation of snowmobiles. This ordinance is not intended to permit what state statues or local ordinances prohibit.
This ordinance repeals all provisions of previous Ordinance No. 1 adopted and approved on November 28, 1972.
PART II
Definitions
Section 2.01, Subdivision 1. For the purposes of this ordinance, the terms defined in this section shall have the meanings ascribed to them:
Subd. 2. "Person" means an individual, partnership, corporation, and any body or association of individuals. It does not include the State of Minnesota or any political subdivision thereof.
Subd. 3. "Operate" means to ride in or on and control the operation of a vehicle.
Subd. 4. "Vehicle" means any snowmobile, motor vehicle, iceboat, airplane, or any other self-propelled vehicle travelling on snow, ice or natural terrain; steered by wheels, skis, runners, or rudders.
Subd. 5. "Schedule A" means a sound level emission range as prescribed in SAE Standard - SAE J986a for mufflers.
Subd. 6. "Owner" means a person other than a lien holder having the property in or title to a vehicle.
Subd. 7. "Administrative offense" Some violations of a provision of the District ordinances can be handled, by violator's choice, as an administrative offense that may be subject to an administrative citation and civil penalties.
Subd. 8. "Civil penalty" The Board of Directors has adopted by resolution a schedule of civil penalties for offenses initiated by administrative citation.
PART III
Equipment
Section 3.01, Subdivision 1. No person shall operate a motorized vehicle upon the ice-covered waters of White Bear Lake unless it is equipped with the following safety equipment:
Subd. 2. At least one head lamp, one red tail lamp, brakes, muffler and reflector material, all of which must conform to the standards prescribed by the Rules and Regulations of the Commissioner of Natural Resources pertaining to the same.
Subd. 2.1. A muffler that limits engine noise to not more than 73 decibels at Schedule A at 50 feet.
Subd. 3. A safety or "deadman": throttle in operating condition is required for snowmobiles; a safety or deadman" throttle is defined as a device which when pressure is removed from the accelerator or throttle, causes the motor to be disengaged from the driving track.
PART IV
Certification
Section 4.01, Subdivision 1. No person less than 18 years of age shall operate a snowmobile on White Bear Lake unless the operator shall have a valid snowmobile safety certificate in his immediate possession issued pursuant to Minnesota Statutes.
Subd. 2. It shall be unlawful for the owner of a snowmobile to permit the snowmobile to be operated on White Bear Lake by a person described in Subdivision 1 of this section unless such person has the certificate therein described and required.
Subd. 3. No person shall operate a motorized vehicle (except as previously provided) without a valid operator's permit.
PART V
Operation
Section 5.01, Subdivision 1. It shall be unlawful for any person to drive or operate any vehicle on White Bear Lake or its public accesses in the following unsafe or harassing ways:
Subd. 2. No vehicle shall travel at a speed in excess of 15 mph within 150 feet of any fisherman, fish house, pedestrian, skier, skater, skating rink, sliding area, ski tow area, or any public access, or any other area on the lake where the operation would conflict with or endanger other persons or property, nor where the operation would conflict with the lawful use of the property. No vehicle shall travel within 250 feet of any shoreline except for the purposes of access to the lake or egress from the lake or for the purpose of parking such vehicle near the shoreline.
Subd. 3. At a rate of speed greater than reasonable or proper under all the surrounding circumstances, not to exceed 35mph: Specifically excluded from speed limit restrictions are iceboats, and aircraft taking off and landing. Racing is prohibited, except when authorized in responsibly organized events after receiving a permit from the sheriff and the White Bear Lake Conservation District.
Subd. 4 In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto.
Subd. 5. While under the influence of an alcoholic beverage or narcotic drug. The same standards and tests as provided in Minnesota Statutes, Section 169.121 are applicable for persons prosecuted under this subdivision.
Subd. 6. Start or accelerate with any unnecessary exhibition of speed. Prima facia evidence of such unnecessary exhibition of speed shall be squealing or screeching sounds emitted by the tires or the throwing of sand or gravel by the tires, or both, or the unnecessary fishtailing of the vehicle on ice, wet or slippery surfaces while accelerating.
Section 5.02. Operating and lighted head and tail lights shall be required on all motorized vehicles including snowmobiles at all times when traveling on White Bear Lake. The head light on a snowmobile must be of sufficient intensity to reveal persons or vehicles at a distance of at least 100 feet.
Section 5.03. It shall be unlawful for the owner or operator of any motorized vehicle to leave or allow a vehicle to be or remain unattended on White Bear Lake while the motor is running or with the key to start said vehicle in the ignition switch or if said vehicle does not have an ignition switch which can be locked.
Section 5.04. It shall be unlawful for the operator of any vehicle on White Bear to deposit thereon any garbage, rubbish, or other litter.
Section 5.05. It shall be unlawful for the operator or the owner thereof to permit the operation of a vehicle in a specially prepared or marked skating rink.
Section 5.06. It shall be unlawful for the operator or the owner thereof to permit a vehicle to enter White Bear Lake other than via public easements or accesses, or the vehicle owner's property, or by written permission of the property owner. Such written permission shall be in the possession of the operator or owner.
Section 5.07. It shall be unlawful to operate a vehicle, except automobiles, on the ice of White Bear Lake during the following times:
Sunday 11:00 P.M. to Monday 7:00 A.M.
Monday 11:00 P.M. to Tuesday 7:00 A.M.
Tuesday 11:00 P.M. to Wednesday 7:00 A.M.
Wednesday 11:00 P.M. to Thursday 7:00 A.M.
Thursday 11:00 P.M. to Friday 7:00 A.M.
Saturday 1:00 A.M. to Saturday 7:00 A.M.
Sunday 1:00 A.M. to Sunday 7:00 A.M.
Section 5.08. No person shall have in his possession or keep or allow to be kept in a motor vehicle when such vehicle is being operated on White Bear Lake any bottle or receptacle containing intoxicating liquors or non-intoxicating malt liquors which has been opened or the seal broken, or the contents of which have been partially removed except when such bottle or receptacle shall be kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.
Section 5.09. The provisions of Minnesota Statutes, Chapter 169, Highway Traffic Regulations are hereby incorporated in and made a part of this ordinance as completely as if set out here in full to apply where applicable to motor vehicles on ice.
Section 5.10. No person shall have on White Bear Lake a receptacle or container of greater than 64 ounce capacity for the storage or transport of intoxicating liquors or non-intoxicating malt liquor without first receiving a permit from the Board of Directors of the White Bear Conservation District.
Section 5.11. Subdivision 1. It shall be unlawful for any person to operate a snowmobile or the owner thereof to permit the operation of a snowmobile on White Bear Lake inconsistent with the provisions of Minnesota Statutes, Section 84.81 to 84.89 inclusive and the rules and regulations promulgated thereunder.
Subd. 2. It shall be unlawful for any person to operate a vehicle or for the owner thereof to permit the operation of a vehicle on White Bear Lake contrary to the within ordinance or the Rules and Regulations of the Commissioner of Natural Resources or any resolution or ordinance of any county, city, village or borough within the White Bear Lake Conservation District which regulates the operation of vehicles on White Bear Lake.
PART VI
Violations
Section 6.01. Any person who shall violate any of the provisions hereof, or who shall fail to comply with any of the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed $700.00 and costs or imprisonment for not to exceed 90 days or both. Each day a violation continues shall constitute a separate offense.
Section 6.02. Any person who shall violate any of the provisions hereof, or who shall fail to comply with any of the provisions hereof, shall be guilty of a misdemeanor but will, in lieu of the criminal track outlined above, have the alternative choice of having the hearing and disposition of this misdemeanor decided through the use of an administrative citation(s) and civil penalties.
Section 6.03. In case of a violation of the within ordinance, the Board, in addition to the foregoing penalties may institute any proper action or procedure in the name of the District to prevent such violation.
PART VII
Validity
Section 7.01. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
PART VIII
Effective Date
Section 8.01. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by Law and is hereby declared by the Board to have the effect of an ordinance.
PART IX
Section 9.01. The foregoing rules and regulations were enacted by a majority vote of all the members of the Board.
_______________________________
Chairman
Attest _______________________________
Secretary
Date: October 21, 2003
