TABLE OF CONTENTS
1.0 General Provisions…………………………….. 1
1.1 Purpose…………………………………… 1
1.2 Definitions……………………………….. 1
1.3 Construction and Scope……………………… 2
1.4 Hours and Access…………………………… 2
2.0 Special Activities…………………………….. 2
2.1 Swimming………………………………….. 2
2.2 Boating…………………………………… 3
2.3 Camping…………………………………… 3
3.0 General Conduct……………………………….. 3
3.1 Defacement, Destruction of Property and Resources. 3
3.2 Preservation of Vegetation………………….. 4
3.3 Animals…………………………………… 4
3.4 Fires…………………………………….. 5
3.5 Waste and Litter…………………………… 5
3.6 Firearms, Weapons, and Fireworks…………….. 6
3.7 Disturbing the Peace – Conduct………………. 6
3.8 Audio Devices……………………………… 6
3.9 Loitering…………………………………. 7
3.10 Alcoholic and Intoxicating Beverages………… 7
3.11 Controlled Substances……………………… 7
3.12 Advertising………………………………. 7
3.13 Unlawful Sales……………………………. 8
3.14 Lost and Found Articles……………………. 8
3.15 Law Enforcement Officers and Employees………. 8
3.16 Posted Regulations, Directional Signs, and Graphics. 8
4.0 Traffic Rules……………………………………. 8
5.0 Penalties for Violation…………………………… 10
6.0 Repeal………………………………………….. 10
7.0 Severability…………………………………….. 10
8.0 Notice to the Public……………………………… 10
AN ORDINANCEFOR THE CONTROL AND MANAGEMENT OF LATOKA BEACH AND ITS FACILITIES AND OTHER PARKS UNDER THE JURISDICTION OF LAGRAND TOWNSHIP. THE BOARD OF LAGRAND TOWNSHIP ORDAINS:1.0 SECTION ONE – GENERAL PROVISIONS
1.1 Purpose
This ordinance has been enacted, by the LaGrand Township Board to govern the conduct of members of the public during their use and enjoyment of Latoka Beach and other parks so as to further the safety, health, enjoyment, and welfare of all persons in the use thereof, and to protect public property and resources for posterity.
1.2 Definitions
1. “Beach” shall mean Latoka Beach or any other beach or park area designated by the township within the boundaries of LaGrand Township.
2. “Board” shall mean and refer to the Board of LaGrand Township.
3. “D.N.R.” shall mean the Minnesota Department of Natural Resources.
4. “Nude”, “nudity” and “nude bathing” shall mean appearing in such a manner or attire as to expose to view any portion of the pubic areas, anus, vulva or genitals, or any simulation thereof, or when any female over 10 years of age appears in such manner or attire as to expose to view the portion of the breast referred to as the areola, nipple, or simulation thereof.
5. “Service Dogs” Shall mean seeing eye dogs or hearing impaired dogs for use by a hearing impaired or blind owner.
1.3 Construction and Scope
In the interpretation of this Ordinance, all provisions contained herein shall be construed as follows:
1. Any term in the singular shall also mean the plural.
2. Any noun or pronoun indicating gender shall include masculine and feminine and is gender neutral.
3. Any requirement or prohibition by any provision herein, shall respectively extend to and include the causing, procuring, aiding or abetting, directly or indirectly, of such acts; and the permitting or allowing of any minor by the responsible parent, guardian, or custodian to commit any such act.
4. No provision herein shall make unlawful any act necessarily performed by any law enforcement officer, emergency or rescue officer, township officer or park department employee as a training exercise, or in the line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any contract or agreement with LaGrand Township.
5. All of the terms of this Ordinance apply to all beaches and parks unless otherwise indicated.
1.4 Hours and Access
1. Latoka Beach shall be closed from 10:30 p.m. until 8:00 a.m. the following day.
2. A beach or park may be closed by order of the Board without notice, when safety, fire hazard, or weather conditions require such closing.
2.0 SECTION TWO – SPECIAL ACTIVITIES
2.1 Swimming
1. No person shall bathe, wade or swim at a beach except in such areas specifically designated for such use.
2. No person shall bathe, wade or swim at a beach except when dressed in bathing attire conducive to water safety.
3. No person using beach waters shall swim outside of the designated swimming area.
4.a)No person shall bring into, or use at a beach, any floating toy or any buoyant device intended to support a person, where water depth exceeds three feet, except U.S. Coast Guard approved life jackets or vests when properly attached; and
b) Any person under age 18 using any floating toy or any buoyant device intended to support a person must be accompanied by an adult.
5. No person shall possess, carry onto, or scatter at a beach, any glass bottle, broken glass, metal can, food or beverage containers, or other debris which could be a safety hazard.
6. No person having custody of any animal shall permit said animal to enter any beach area during the swimming season except for properly leashed or harnessed service dogs trained to assist the owner and accompanied by the owner.
7. No person shall launch, dock, or operate any watercraft in any designated swimming area.
2.2 Boating
1. No person shall leave any watercraft unattended, except in areas specifically designed for mooring, anchoring, or beaching.
2. No person shall operate any watercraft within an area designated as a swimming area.
3. No person shall drop or throw garbage, litter, or other debris from any watercraft.
2.3 Motorized Recreation Vehicle Use
1. No person shall operate any off-road or all terrain recreation vehicle at any beach or park, except in areas specifically designated for such use. No person shall operate a non-licensed vehicle at any beach or park.
3.0 SECTION THREE – GENERAL CONDUCT
3.1 Defacement or Destruction of Property
1. No person shall tamper with, climb on, injure, deface, destroy, damage, or remove any part of the beach building, structure, sign, light pole, guard chair, drinking fountain, statue, or other property found therein.
2. No person shall deface, disturb, or remove in any manner any soil, artifact, fossil, rock, or other mineral resource.
3. No person shall excavate any ditch, trench, tunnel, or hole in or at a beach or park.
4. No person shall saw, cut, gather, or remove any deadfall, tree litter, or standing tree remnants from a beach or park, except with written permission from the Board.
3.2 Preservation of Vegetation
1. No person shall injure, cut, destroy, mutilate, uproot, disturb, or remove any flower, tree, shrub, or any plant whether wild or cultivated, or any part thereof.
2. No person shall plant or cause to be planted any wild, cultivated, or exotic tree, shrub, or plant, except in specifically designated areas with the written permission of the Board.
3. No person shall fell or climb any tree, pick any flower, fruit, or vegetable, trample any flowers, tree seedlings, flower beds, or new turf seedlings.
4. No person shall hitch any animal, or fasten, anchor, or otherwise attach any wire, rope, cable, signs, posters, or other articles, to any tree, shrub or plant.
5. No person shall remove any device, apparatus, or material installed for the protection of, support of, or preservation of any tree, shrub or plant.
3.3 Animals
1. No person owning, or having control of any animal, whether wild, pet, or domestic livestock, shall cause or allow such animal to roam or run at large at a beach or park. Running at large is defined as any wild animal, domestic pet, domestic livestock, or any other animal or pet that is not accompanied by a responsible person and under that person’s effective control.
2. No person being in custody of any animal shall permit said animal to enter a beach or park, except for properly leashed or harnessed service dogs accompanied by the owner and restrained at all times by a suitable leash not more than six feet long or confined to a suitable cage.
3. No person owning or having control of any pet or animal shall allow said animal to disturb, harass, or interfere with other beach or park users or their property.
4. Any animal or pet found running at large within a beach or park shall be impounded unless, at the discretion of a law enforcement officer or employee, the animal owner can be identified and the animal returned to the owner.
3.4 Fires
1. No person shall start or maintain a fire at beach or park, except that a portable gas grill may be used only on or at picnic tables.
3.5 Waste and Litter
1. No person shall throw, cast, drop, spill, or discharge or permit to escape in or upon, any land, pond, river, creek, stream, ditch,storm sewer, or drain flowing into or through a beach or park,any substance, matter or thing, whether solid, liquid, or gas, which shall result in the pollution of said waters, interfere with the conservation management of water resources, or endanger the health of the public.
2. No person shall scatter, drop, deposit, or abandon at a beach or park, any paper, bottles, cans, sewage, cigarette butts or filters, waste, trash, or other debris, except in receptacles provided by the Department for such purposes. No person shall deposit in any receptacle in a beach or park, any accumulation of waste or trash generated outside the boundaries of that beach or park.
3. No person shall drop, throw, or otherwise leave unattended at a beach or park any materials that are lighted or burning, including matches, cigars, cigarettes, tobacco products, paper or other combustible materials.
3.6 Fire Arms, Weapons, and Fireworks
1. No person shall possess, fire, discharge, or set off any firearms, missile, fireworks, or explosives at a beach or park.
2. No person, except a law enforcement officer, shall possess or carry a firearm of any description at a beach or park.
3. No person shall possess or carry at a beach or park any air gun, bow and arrow, knife with a blade longer than 3 inches, slingshot, numchucks, dart or illegal weapon.
3.7 Conduct within the Beach or Park
1. No person or group of persons shall disturb the peace and good order at a beach or park by either word or act.
2. No person or group of persons shall use offensive, obscene, indecent, boisterous, threatening, abusive, insulting, or noisy language, or engage in or perform lewd, lascivious, or obscene acts or conduct or perform or engage in any act which reasonably tends to arouse alarm, anger, or resentment in others.
3. No person or group of persons shall engage in fighting, brawling, or quarreling.
4. No person or group of persons shall disturb an assembly or meeting, not unlawful in its character.
5. No person shall disturb, harass, or interfere with any beach or park user or the user’s property.
6. No person shall solicit or ask any one to commit, perform, or engage in any lewd, lascivious, obscene, or indecent act of behavior.
7. No person shall appear nude or engage in nudity or nude bathings.
3.8 Audio Devices
1. No person shall operate or play any musical instrument, radio, television, record or tape player, loud speaker, public address system, or sound amplifying equipment of any kind at beach or park in such a manner that the sound emanating therefore is audible beyond the immediate vicinity of the set or instrument, and subsequently interferes with the use of the beach or park by other users or disturbs the residents of adjacent property.
3.9 Loitering
1. No person over the age of six (6) shall enter any restroom, washroom, or toilet facility set apart or designated for the opposite sex.
2. No person shall lurk or loiter around the toilet or other beach or park structure, except to use such structure for the purpose for which it is intended.
3.10 Alcoholic and Intoxicating Beverages
1. No person shall transport, possess, offer for sale, or consume any liquor, distilled spirits, intoxicating liquor, malt liquor, nonintoxicating malt liquor, table or sparkling wine, or wine at a Beach or park.
3.11 Controlled Substances
1. No person shall use, possess, consume, administer, dispense, sell, give away, or be under the influence of, any controlled substance as set forth in Schedules I-V, Minn. Stat. chapter 159, as amended from time to time, except when such use, possession, influence and administration are authorized by statutes.
3.12 Advertising
1. No person shall distribute or disseminate any leaflets, pamphlets, circulars, handbills, advertisement or other written or printed material at a beach or park.
2. No person shall post, display, affix, or attach any sign, poster, placard, notice, banner, or advertisement to any tree, building, shelter, fence, pole, or other structure within a beach or park.
3. No person shall use loudspeakers, sound amplifying equipment, musical equipment or cause any noise to be made for advertising purposes or for the purpose of attracting attention to any exhibition,performance, event, show, or other purpose at a beach or park.
3.13 Unlawful Sales
1. No person shall sell, offer for sale, hawk, peddle, or lease any object, merchandise, or service, or carry on any manner of business or commercial enterprise, except those concessions authorized by the Board.
3.14 Lost and Found Articles
1. Lost or mislaid articles or money or personal property which are found at a beach or park shall be turned over to the Douglas County Sheriff’s Office. If the lawful owner of any money or article deposited with the Sheriff does not claim the same within a period of sixty (60) days, it shall be returned to the finder, upon request.
3.15 Law Enforcement Officers and Employees
1. No person shall intentionally resist, refuse or fail to comply with any order, direction, or request lawfully given by any law enforcement officer or township employee or Lakes Community Recreation employee, acting under the authority conferred by this ordinance.
3.16 Posted Regulations, Directional Signs and Graphics
No person shall disregard or fail to comply with any posted regulations, directional signs and graphics, barriers, or other control devices located within the beach or park area.
4.0 SECTION FOUR – TRAFFIC RULES
1. No person shall drive, operate, or be in physical control of a motor vehicle within the beach or park, except upon roadways, parking areas, or other areas designated for such use. Disabled vehicles must be moved to allow for the continued flow of traffic, but the vehicle must be repaired or removed within two (2) hours of being disabled.
2. No person shall drive or operate a motor vehicle in a careless or reckless manner. Reckless is defined as the willful or wanton disregard for the safety of persons or property. Careless is defined as the operation or halting any vehicle carelessly or needlessly in disregard of the rights of others or in a manner that endangers, or is likely to endanger, any property, or person including the driver and passengers.
3. No person shall operate a vehicle which emits excessive, unusual or irritating noise, noxious fumes, dense smoke, or other pollutants at beach or park.
4. No person shall wash, grease, change oil, service, or repair any vehicle at a beach or park.
5. Any vehicle illegally parked, disabled, abandoned, or obstructing traffic may be towed away.
6. No person shall drink or consume intoxicating liquor or nonintoxicating malt liquor in any motor vehicle, snowmobile, or all-terrain vehicles when the vehicle is at the beach or park.
7. No person shall have in his possession, on the person while in a private motor vehicle, snowmobile, or all-terrain vehicle, any bottle or receptacle containing intoxicating alcholic beverages, which has been opened or seal broken or the contents of which have been partially removed. Possession means either the person had actual possession of the bottle or the receptacle, or that the person consciously exercised dominion and control over the bottle and receptacle. This does not apply to the trunk of a motor vehicle.
8. All vehicles including, but not limited to, motor vehicles, snowmobiles, all-terrain vehicles or bicycles, shall yield the right- -of-way at all times to pedestrians.
9. No person shall participate in a drag race or test of acceleration on any park roadway or on any beach or park.
5.0 SECTION FIVE – PENALTIES FOR VIOLATION
1. Any person violating any provisions of this Ordinance shall be adjudged guilty of a misdemeanor.
2. Any person violating any provisions of this Ordinance may be expelled, ejected, or ousted from beach or park at the discretion of a law enforcement officer or employee of Lakes Community Recreation or employee or officer of the township.
6.0 SECTION SIX – REPEAL
This Ordinance, upon promulgation, repeals all preexisting regulations in force, except that such regulations shall be deemed to be in force for the purpose of perfecting any right vested, accrued, or arising therefrom.
7.0 SECTION SEVEN – SEVERABILITY
The provisions of the Ordinance shall be severable, and the invalidity of any section, paragraph, sub-paragraph, sub-division or other part thereof shall not make void, impair, invalidate, or affect the remainder thereof.
8.0 SECTION EIGHT – NOTICE TO THE PUBLIC
The publication of the Ordinance in the official newspaper of the township shall constitute notice to the general public that the principle of positive signing of use designation shall prevail at beaches and parks. In the absence of positive signing, negative signing need not be posted to ensure authority for enforcement of this Ordinance.