#181 Regulating use olake Johanna

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line. Markers in the form of a cylinder must have a diameter of WATERS and WATERCRAFT at least 5 inches and not larger than 9 inches. Markers with a SAFETY LAWS shape other than a cylinder may not have a length or width greater than 14 inches. Each such marker shall bear on opposite sides, 1973 -1974 a'/z-inch wide band of international orange color forming an upright diamond at least 5 inches in outside width, dissectea verti- Minnesota Statutes 1971 cally and horizontally by a'/z-inch wide strip of international Chapter 361 orange color. The border of the diamond and cross outline shall not be less than ~/z-inch in width. These markers may not be spaced (As Amended by Laws of 1973, more than 15 feet apart and must outline all of the swimming Chapters 35, 202, 310, and 702) area, (2) No swimming marker may obstruct watercraft traffic or . unduly interfere with public use of the water. I£ in the opinion of the local sheriff, his water patrolman, or conservation officer, such conditions exist. they may direct the landowner or lessee to 361.01. POLICY OF STATE. change the boundaries of the swimming area or have the markers . It is the policy of this state, which is blessed with an abundance removed. The landowner or lessee may appeal such a directive to of water, to promote its full use and enjoyment by all of the people, the Commissioner of Natural Resources. now and in the future, to promote safety for persons and property (b) Other AreaS. Swimming areas in public waters maintained in connection with the use of the waters of the state, to promote or designated by governmental subdivisions, private corporations, uniformity of laws relating to such use and to conform with any private clubs, non-profit organizations, or businesses offering pub- requirements of the United States relating thereto. lic swimming facilities in any body of water where operation of 361.02. DEFINITIONS motor-powered watercraft is not prohibited shall be marked in the Subdivision 1. For the purposes of Sections 361.01 through following manner: 361.28, the terms defined in this section shall have the meanings (1) The entire perimeter of the water area shall be marked with ascribed to them. white marking buoys no less than 9 inches in diameter and extend- Subd. 2. Person includes an individual, partnership, corporation, ing no less than 36 inches above the surface of the water. Each the state and its agencies and subdivisions, and any body of per- marking buoy must contain two horizontal bands of reflectorized sons, whether incorporated or not. international orange, one such band at the top, and the other just Subd. 3. Owner means a person, other than a lien holder, having above the waterline. Each marking buoy must also contain two the property in or title to a watercraft. The term includes a person diamond shapes with crosses which means "boats keep out." These entitled to the use or possession of such craft, subject to an interest diamond shapes must have a vertical diagonal of not less than in another person, reserved or created by agreement and securing 14 inches and a horizontal diagonal of not less than 14 inches. payment or performance of an obligation, but the term excludes The borders of the diamond and cross outline shall not be less a lessee under a lease not intended as security. than 1 inch in width. The color of these borders shall be reflec- ~ Subd. 4. Dealer means any person engaged in the business of torized international orange. The diamonds shall be placed midway manufacturing or selling new and unused watercraft or used water- between the horizontal bands. The words "swim area" should also craft, or both, having an established place of business for the sale, appear on each marker in no less than two-inch letters. trade and display of such watercraft, and having in his possession' (2) Marking buoys must not be spaced more than 75 feet apart ~ k'atercraft for the purpose of sale or trade. and in no case may less than three markers be used to establish Subd. 5. Operate means to navigate or otherwise use a water- a boundary line. craft. (3) Smaller markers may be used to add definition to the area Subd. 6. Operator means the person who operates or has boundaries. These smaller markers must be all white in color. charge of the navigation or use of a watercraft. Subd. 7. WaterCraft means any contrivance used or designed for (c) All new or replacement markers must meet the preceding navigation on water other than (a) duck boat during the duck hunt- requirements. All existing non-conforming swimming area mark- ing season, (b) rice boat during the harvest season, or (c) seaplane. ers may be used until July 1, 1973. Subd. 8. Motorboat means any watercraFt propelled in any 32 5