TITLE 17

This chapter is intended to promote the safe, reasonable, wise and responsible use of the lakes and waterways in the borough in order to protect the general public's health, safety and welfare, quality of life, neighborhood character, water quality, shorelines susceptible to erosion, water fowl and fish habitat, and recreation and tourism. It is not the intent of this chapter to prevent the reasonable incidental motorized use of waterbodies, properly authorized stream crossing, or water appropriations.

(A) The manager, upon submittal of a report of a lake's or waterway's condition or use may petition the planning commission to hold a public hearing to determine whether to make a lake or waterway subject to the conditions of this chapter.

(B) Any group of 20 or more residents or property owners of the borough may petition the planning commission to make a lake or waterway subject to the conditions of this chapter.

17.58.080 PUBLIC HEARING.

Upon receipt of the manager's or a group's petition to designate a lake or waterway subject or not subject to the conditions of this chapter, the planning commission shall hold a public hearing and make a recommendation to the assembly concerning whether a lake or waterway should be subject or not subject to the conditions of this chapter.

(Ord. 93-132, § 2, 1993)

(B) Noise control. All motorized uses on the surface of designated lakes and waterways must be equipped with manufacturers standard noise reduction equipment including mufflers, cowlings and exhaust systems. Special purpose or home-built equipment shall be similarly equipped to minimize noise generation. Open exhaust systems are prohibited. Except as otherwise required by Federal Aviation Administration or other state or federal law, aircraft operators shall minimize their take-off noise by utilizing the most central portions of lakes away from residences, business and public areas.

(C) No-wake zone. There is hereby established a no-wake zone where speeds will not exceed 5 m.p.h. on designated lakes and waterways extending into the water from a shoreline, a horizontal distance of 100 feet. It is unlawful for a motorized use to operate at a speed of more than 5 m.p.h. within that zone so as to create wake. The no-wake zone may be extended or reduced as required to protect unusually sensitive wildlife habitat or reduced as required to protect unusually sensitive wildlife habitat or to provide access to erosion resistant shorelines or for other reasons as determined by the manager or the manager's designee. The no-wake zone may be presumptively identified by appropriately labeled floating buoys.

(D) Hours of operation. Motorized uses producing continuous or repetitive noise which is an annoyance to residents and/or other users of public areas is hereby prohibited between the hours of 11 p.m. and 8 a.m. Examples include uses such as high-speed joyriding, practicing aircraft "touch and goes," engine testing, racing, and construction. Specifically, use of high-powered personal watercraft known as "jet skis" or "wave runners" and similar acrobatic or stunt equipment is prohibited between the hours of 11 p.m and 8 a.m. This restriction shall not be construed to prohibit the operation of aircraft, boats or other vehicles while transiting en route to their destinations, fishing or other quiet use is allowed, where such quiet uses cause no wakes and vessel operational speeds are 5 m.p.h. or less.

(E) Special events permits. Organized group type motorized use of lakes and waterways such as races and demonstrations which would cause noise, safety hazards, or inhibit other uses of significant areas of the waterbody shall require special events permit from the borough. Special events permits may be issued by the planning director subject to the following criteria:

(4) Event activities must be located so as to avoid hazard to or damage of sensitive wildlife habitat, erosion-prone shorelines, public swimming areas and residential areas.

(6) Applications for special events permits shall be submitted to the borough on forms provided by the borough and shall be accompanied by an application fee as established by the assembly.

(7) The special event permittee shall demonstrate that adequate insurance and appropriate safety measures are provided to protect participants, spectators and bystanders including marking of activity area, safety patrols and public notice.

(8) A special event permit does not release the event organizers or participants from either rules or regulations of the cities, Matanuska-Susitna Borough, state of Alaska or the U.S. Government, especially the U.S. Coast Guard.