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~' <br /> <br />_2_ <br />CJ Sec. 19= 34. - This section 'is totally confusing. As I explained <br />at the meeting, a fisherman (or woman) in a canoe on the lake would. <br />be forced to immediately run for shore (or the other half of the -lake) <br />the second a motorboat appeared on the scene. Perhaps, even then, <br />they would be in violation of the ordinance by merely paddling at all. <br />(it would be considered "operating" under Mate law).. <br />In addition, this section also is in direct opposition to state: <br />(NR 202 (4)) rules and would be difficult to enforce. <br />O Se r_, 19-35 - Direction of Travel. - Perhaps eliminating the word <br />one here would make it more readable. <br />~,) Sec. 19-37. - This section should be redrafted to conform with <br />~ MCAR~1.0222 H. (Emergencies). Suggested. wording is as follows: <br />The Director of Parks and Recreation or the City Manage r <br />~;' ~ may close the lake surface to ail recreational use by <br />posting notice or the Order upon determining the existence <br />of conditions which constitute a danger to persons or <br />property. <br />PROVIDED that the lake shall not be closed for more <br />than five (5) days without the approval of both the <br />Council and the Commissioner of the Minnesota Depart- <br />ment of Natural Resources. In ar~y case, the Council. <br />and the .Commissioner of the Minnesota Department of <br />t~atural Resources should be notified as soon as prac- <br />ticable during this five-day period. <br />i0' Sec. 19-3I3. - Perhaps you should attempt to r:~draft this section. <br />uggested wording: <br />The provisions of Minnesota Statutes Chapter 361 and the <br />f ~ ~ Minnesota Department of Natural Resources Boat and Water <br />Safety Rules are hereby incorporated herein and made a <br />part of this ordinance. <br />11 .There are several times which should be included and some which <br />you may wish to consider:. <br />Re~cuired• <br />-Sec. 19- : ~~ Enforcement <br />Officers of the New Brighton Police Department and the Ramsey <br />County Sheriff's-Department shall be authorized and entitled <br />to enforce the provisions of this ordinance. <br />,, <br />~. -Sec. 19- -~ ,,- Penal hies <br />Any person who shall ViOlatP_ any provision of this ordinance <br />shall be guilty of a misdemeanor. <br />-Sec. 19- • E_xem tions <br />• _ Boats util d by authorized resource management, emergency <br />and enforcement person~~~l when acting in the performance of <br />their assigned duties shall be exempt from the provisions of <br />this ordinance. <br />{ <br />