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Home My WebLink AboutRiver Ordinance - 8-12-2004941665 OTTERTAIL COUNTY RIVERORDINANCE The County Board of Otter Tail County ordains: I.General Provisions. A. Title.This Ordinance shall be known asthe Otter Tail County River Ordinance. B.Purpose.This ordinance isenacted for the following purposes: 1.To promote and protect the health,safety,and general welfare of persons using and enjoying the rivers throughout the County. 2.To preserve and enhance the quality ofthe rivers throughout the County. 3.Toregulate and ensure orderly commercial use of the rivers throughout the County. C.Authorization.ThisOrdinance is enacted pursuant to Chapters 375and 394 ofMinnesota Statutes. D.Severability andSavings Clause.Ifanysection orportion ofthis Ordinanceshall be found unconstitutional or otherwise invalid or unenforceable by a court ofcompetent jurisdiction,that finding shall not serve as aninvalidation or affect the validity and enforceability of any other section orprovision ofthis Ordinance. E.Responsibility.All licensees under this Ordinance shall be responsible for the actions of their employees inregard totheoperation ofa tubing business and anactbyanemployee shall be considered anactbythe license holder. Nothing in this section shall beconstrued asprohibiting the County from also subjecting the employee to whatever penalties are appropriate under this Ordinance,stateor federal laworotherapplicable lawor regulation. F.Jurisdiction.This Ordinance shallapplyto all of.theareaofOtterTail County outside the limits of incorporated municipalities. II.Definitions.Forthepurpose of this Ordinance,certain items and words are defined as follows: Board."Board"means the Otter fail County Board ofCommissioners. License."License"means a certificate issuedby theBoardwhich grants authority to carry ona certain activity or business,subject to the provisions of this Ordinance." Licensee."Licensee"means a person,firm,corporation or other entity to whom a license is issued. .* Litter Reduction System."LitterReduction System"meansa system used bya tubing business to reduce or eliminate the deposit of litter or refuse in a river by patrons ofthe business. Tube."Tube"means any flotation device,ninefeetin lengthorless,that canbeusedto transport anyperson or property ona river,including but not limited to, innertubes,rafts, kayaks,canoes, boatsor other such devices. Tubing Business."Tubing business"meansanyperson,firm,corporation or otherentityoperating a business thatfurnishes or providestubesor transportation services topersonsforthe purposeof floatingon a river. III.License. A. License required.No person,firm,corporation orotherentity shall maintain,operateor conductany tubing businesswithoutfirst obtaining a license fromthe Board. A licenseis notrequiredfor resorts, licensed by the Minnesota Departmentof Health,which provide tubesfor theirguests. B.Application.An application foralicenseshallbe madeto the County Auditoron forms suppliedbythe County. The application shall statethe applicant"name,addressand telephone number,thename ofthe business,if different,the legal description,addressand telephonenumber ofthe premiseson or from which the business is to be conducted, any other business operated on or from the same premises, thetype of licenseapplied for, a description ofall services used in connection with the tubing business,including information as to toilet facilities and dressing rooms, a description ofvehicles used to transport personsorpropertyin connection withthebusiness,acomplete description ofthe litter reduction system to be usedbythe business,and any other informationas required by this Ordinance or by the Board. C.Fees.The fee for an annual license under this Ordinance shall be set by the Otter Tail County Board, andno license shall be issued or renewed until the fee has been paid in full. The license fee may be modified from time to time by resolution ofthe Board. D.Term.All licenses shall expire on the last day ofDecember in each year unless revoked prior thereto. E. Standards. The Board shall revieweach application and shall not issue a license for any tubing business that does not comply with this Ordinance.No license shall beissued for any tubing business unless the business for which the license issought has developed alitter reduction system that,in the judgment of the Board,would have asignificant effect onthe reduction of litter,and isin compliance with applicable zoning,building,and health ordinances,and other laws and regulations. F.Transfers.All licenses issuedunderthis Ordinance shall bevalidonlyon the premises for which the license was issued and only for the person towhom the license wasissued.No transfer ofanylicense to another location orperson shall bevalidwithoutthe approval ofthe Otter Tail County Board. G.Movable place of business.'No license shall be issued toamovable place of business."Movable place of business"means any form of business operated outofatruck,van,automobile,trailer orother type ofvehicle ortransportable shelter rather thana fixed address storefrontorotherpermanenttype ofstructure authorized for sales transactions.'Only fixed location businesses shall be eligible to be licensed under this Ordinance. H.Display.All licenses shall be'posted and displayed in plain viewofthe general publicon the licensedpremises.. I. Approvalor Denial of Application.The Board shall act to approve or deny an application for a license under this section within areasonable period of time andin no event shall the Board approve ordenyalicense later than60days from the date thatthe application was accepted by theCountyAuditor. J.Mistaken Issuance. If alicenseis mistakenly issued orrenewedto an applicant,it shall berevoked upon the discovery that theapplicant was ineligible for the license under this section. IV.Operating Requirements. A. All tubing businessesshallprovideLandandResource Management officers,lawenforcementofficers,firefighters,and ambulance andemergency rescue squads free access to all property usedin connection withthe tubing businessto ensure publicsafetyandcompliance with this Ordinance. B. All tubing businesses shall have sufficient dressing orchanging rooms and toilet facilities located onthe premises to reasonably accommodate customers of the business. C.No tubing business shall sell,give,dispense,provide,barter,exchange or cause tobesold,given,dispensed,provided,bartered or exchanged any alcoholic beverage. D.Notubing business shall allow or permit the use orpossession of glass or Styrofoam products ofanykindonariver. E.All tubing businesses shall have adequate trash containers located onall premises to reasonably accommodate customers ofthebusiness. F.Each tubing business shall diligently enforce its litter reduction system. G. A tubing business shall notallowits customers to access orexita river except onproperty owned by the tubing business orused withthe permission of the lawful owner orpossessor.No tubing business shall usea public road right- of-wayorother public property to allow its customers to access orexita river. H. No tubing business shall permit or allow any ofits customers to gain access to ariver forthe purpose of floating after6:00 p.m. I.Each tubingbusiness shall provide adequate offstreet parking. J. All tubing businesses shall comply with all federal,stateandlocallaws and ordinances, includingthe OtterTail County Zoning Ordinance. Violation and Enforcement. A. Violation.Any person,firmor corporation who violatesorwho fails to comply with any provision ofthis Ordinance orwho makes false statements in anydocumentrequired to be submittedunderthe provisions ofthis Ordinance shallbe guilty ofa misdemeanor and,uponconviction,shallbe punishedby a fine and/orajailsentence authorized by Minnesota law.Eachdaythataviolation of this Ordinance continues shall constitute a separate and distinct offense andmay be punishable as such. B.Enforcement. 1.This Ordinance shall be administered and enforced by the Otter Tail County Sheriffs Office. 2. In addition to any other remedies,.this Ordinance may be enforced by injunction or action to compel performance or other appropriateaction in District Courtto prevent,restrain,corrector abateviolations. 3. The OtterTail County Attorney shall be responsible to prosecute violations ofthis Ordinance. VI.Effective Date. This Ordinance shall be effective on January 1,2004. Dated:August 12,2003 OTTER TAILCOUNTY BOARD OF COMMISSIONERS • Malcolm Lee,Chairman ATTEST: rohn,derLarryKrohn,Clerk OFHCE OF COUNTY RECORDER^1 OTTERTAIL MINNESOTA ' Ihereby certify that^Mjm „-' this Instrument #94x665 I was fifed/recorded In this officeforrecordonthelbdayof Wendy k.Metca|l County Reccraer by:^^^?YVoM ^9 wbH certificate I