Lake Quality Commission

Lake Quality Commission Agenda November 15, 2023 The Lake Quality Commission (LQC) meeting will commence at 6:30 pm at the Maple Grove Government Center, 12800 Arbor Lakes Parkway, Maple Grove, MN, 55369. ITEM ACTION REQUIRED CALL TO ORDER Call to order by Chairperson Fahrenbruch at 6:30 p.m. BUSINESS ITEMS 1. Introductions Introduce commissioners and students; five minutes for public comment 2. Approval of Minutes Approve minutes from the October 18, 2023 LQC meeting 3. Area Reports 4. Docks, Mooring, and Other Consider review of City Code Section 22-96 regarding docks, Structures moorings, and other structures on lakes and comparison to Minnesota Department of Natural Resources Regulations. INFORMATIONAL ITEMS FUTURE MEETINGS: December 20, 2023 – Holiday Gathering ADJOURNMENT  MAPLE GROVE LAKE QUALITY COMMISSION DRAFT MINUTES October 18, 2023 CALL TO ORDER A meeting of the Lake Quality Commission (LQC) was held on May 17, 2023 in the Mayor’s Conference Room at the Maple Grove Government Center, 12800 Arbor Lakes Parkway, Maple Grove. Vice-Chairperson O’Callaghan called the meeting to order at 6:32 p.m. Commissioners Present: Brennon O’Callaghan – Fish Lake Nancy Bergstrand – Weaver Lake Joe Ruegsegger – At Large Steve Lane – Cedar Island Lake Commissioners Absent: Becky Fahrenbruch – Chair - Eagle Lake Sharon Martin-Kotula – Edward Lake George Schneider – Rice Lake Others Present: Kristy Janigo, City Council Liaison Derek Asche, City of Maple Grove Mark Lahtinen, City of Maple Grove Matt Eich, Eagle Lake APPROVAL OF Minutes of the May 17, 2023 LQC meeting were presented. MINUTES MOTION TO APPROVE by Lane, second by Bergstrand. With all in favor the motion was APPROVED. AREA REPORTS Cedar Island, Steve Lane – Current water level is high. Outfall in pump bay may need to be dredged. Eagle Lake, Matt Eich – Eagle Lake is still busy and the association is working on the lake plan. Fish Lake, Brennon O’Callaghan – Fish is busy and water level is high but not quite to the no wake level. A clean-up is planned for this fall and the channel dredging project is moving ahead. Weaver Lake, Nancy Bergstrand – Great turnout for the annual meeting and still lots of activity on the lake. Joe Ruegsegger, At Large – Seeing lots of activity on Fish and hoping for late ice.  Council Liaison Kristy Janigo – Several buckthorn pulls were completed in 2023 including Worden Park, Weaver Lake Park, Woodcrest Park, and adjacent to Cedar Island. Council approved $5000 to remove sediment near the end of an outfall at a navigation channel on Fish Lake. CHLORIDE Asche noted that chloride contamination in our freshwater lakes, rivers, streams, PRESENTATION and wetlands continues to emerge as a concern among water resource managers and scientists. Small amounts of chloride can negatively impact freshwater fish, plants, and other aquatic life upsetting the aquatic ecosystem. Once chloride is in freshwater, there are only limited and expensive ways to remove it from the system. A powerpoint presentation from Low Salt, No Salt Minnesota campaign was presented to the LQC. The presentation included information and testimonials on best practices, public safety, and liability. DOCKS, Asche noted for LQC that the city has some regulations regarding docks, moorings, MOORINGS AND and other structures located on lakes within the City of Maple Grove. Lakes included OTHER are Cedar Island, Eagle, Edward, Fish, Pike, Rice, and Weaver. Staff has received STRUCTURES complaints regarding violations of this section of code and, upon review of additional properties using aerial photos, staff concluded there are many non- compliant docks. LQC indicated an interest in reviewing both City Code and Minnesota Department of Natural Resources regulations regarding docks for consistency. Asche indicated this could be done in November, 2023. INFORMATIONAL ITEMS None. FUTURE MEETING: November 15, 2023 ADJOURNMENT Meeting adjourned at 7:45 pm.  LAKE QUALITY COMMISSION STAFF REPORT TO: Lake Quality Commission (LQC) FROM: Derek Asche, Water Resources Engineer DATE: November 2, 2023 SUBJECT: Discussion on dock regulations Both the City of Maple Grove and the Minnesota Department of Natural Resources (MN DNR) impose regulations on docks. There does not appear to be significant conflict between the City regulations and the MN DNR, however, the City regulations include additional information more specific to Maple Grove including dock location, materials and maintenance, requirement for lights and/or reflectors and more. The packet includes information on City Code regarding the use of lakes including docks as well as dock guidance from the MN DNR. Staff is requesting discussion on the regulations and recommended changes to City Code, if any. RECOMMENDATION: I recommend the LQC discuss the need for updating City Code Section 22-96. ATTACHMENTS: City Code Use of Lakes MN DNR dock guidance  - CODE OF ORDINANCES Chapter 22 - PARKS AND RECREATION ARTICLE IV. USE OF LAKES ARTICLE IV. USE OF LAKES1 Sec. 22-91. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commissioner means the state commissioner of natural resources acting directly or through his authorized agents. Counter-clockwise travel means to keep the nearest shore to one's right when facing in the direction of movement. Crossbar means that portion of any L-shaped or T-shaped seasonal dock or permanent dock which is approximately parallel in alignment to the abutting shoreline or abutting ordinary high-water mark. Diving tower means a floating or non-floating structure designed for diving purposes and which projects over the surface or surrounding waters by more than five feet. Dock means any wharf, pier or other structure constructed or maintained in, on, or over the water, whether floating or not, including all "L's," "T's" or posts which may be a part thereof, whether affixed or adjacent to the principal structure. Dock setback zone means that portion of any lake lying within 100 feet of the ordinary high-water mark and which is bounded by a line inside of, parallel to, and ten feet distant from each of the two extended side lot lines of any lakeshore site, as measured at right angles to such extended side lot lines. Habitable watercraft. (1) Habitable watercraft means any motorized and nonmotorized watercraft with an enclosure intended for human habitation or overnight shelter either attached to or as an integral part of the watercraft. (2) Evidence of habitability of such enclosures shall include, but is not limited to, any one or more of the following: a. Berths or horizontal surfaces usable for the placement of bedding. b. Windows, hatches or portholes. c. A head or other sanitary facility. d. Facilities for cooking. (3) Explicitly excluded from this definition are watercraft with folding fabric shelters and no other structures suitable for human habitation, watercraft with cuddy shelters or stowage areas under the decking and no other structure suitable for human habitation, aircraft on the water, and motorized vehicles operated on the ice in the winter. 1 State law reference(s)—Local water and watercraft regulations authorized, Minn. Stats. § 361.26. Maple Grove, Minnesota, Code of Ordinances Created: 2023‐10‐18 09:55:47 [EST] (Supp. No. 57, Update 1) Page 1 of 9  Lake means the following bodies of water lying wholly or partially within the corporate limits of the city and all parts, bays and channels thereof: Cedar Island Lake, Eagle Lake, Edward Lake, Fish Lake, Pike Lake, Rice Lake, and Weaver Lake. Lakeshore site means any lot, parcel or other tract of land legally subdivided and recorded in the office of the county recorder or registrar of titles and which abuts any lake. Mooring means any buoy, post, boat lift, structure or device which is in, on, above, or below lake waters and to which a watercraft may be attached. Motorboat means any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with a detachable motor. Operate means to navigate or otherwise use a watercraft. Ordinary high-water mark means a delineation of the highest level of lake waters that has been maintained for such a sufficient period as to leave evidence upon the landscape. The ordinary high-water mark is commonly that point where natural vegetation changes from predominantly aquatic to predominantly terrestrial. Overnight means any time between the hours of 2:00 a.m. and 5:00 a.m. of any day. Owner. (1) Owner, in the case of a watercraft, means a person, other than a lienholder, having the property in or title to a watercraft. The term includes a person entitled to the use or possession of such craft, subject to an interest in another person reserved or created by agreement and securing payment or performance of any obligation. (2) Owner, in the case of a lakeshore site, means any natural person who is one of the following: a. The record holder of a fee simple interest; b. The holder of a contract for deed vendee's interest; or c. The holder of a possessory leasehold interest in the whole of any lakeshore site, including authorized guests, and immediate family members of such person. Slow-no wake means operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five miles per hour. Structure means anything which is built, constructed, or erected, an edifice or building of any kind, or any piece of work artificially built up and/or composed of parts joined together in some definite manner, whether temporary or permanent in character. Swimming area means an area immediately adjacent to the shoreline which is marked in accordance with the applicable regulations of the state department of natural resources and which is utilized solely for recreational swimming. Swimming raft means a small floating structure no more than 100 square feet in area designed and used exclusively for sunbathing and for rest from swimming. Water obstacle means any ski jump, slalom course, diving tower or other structure in or upon the water of any lake, except any dock, swimming raft, watercraft, or fish house. Water trampoline means any inflatable, floatable structure that is moored or designed to be moored, including, but not limited to, water trampolines, water bouncers, water playgrounds, and add-ons. Watercraft means any contrivance used or designed for navigation on water other than the following: (1) A duck boat during the duck hunting season; Created: 2023‐10‐18 09:55:46 [EST] (Supp. No. 57, Update 1) Page 2 of 9  (2) A rice boat during the harvest season; or (3) A seaplane. Water's edge means the edge of aquatic vegetation that is of sufficient density to prohibit use of watercraft without substantially destroying emergent aquatic vegetation, or, if there is no such aquatic vegetation, from the ordinary high water mark. (Code 1984, § 760:00; Ord. No. 05-15, § 1, 4-4-2005; Ord. No. 05-17, § 1, 4-18-2005) Cross reference(s)—Definitions generally, § 1-2. Sec. 22-92. Penalty; enforcement. Any person violating any provision of this article or permitting or assisting in such violation shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-13. Each day the prohibited conduct continues shall be considered a separate offense. The provisions of this article may be enforced by any law enforcement agency, including, but not limited to, the city police department and county sheriff's department. (Code 1984, § 760:25) Sec. 22-93. Exemptions. (a) Watercraft and structures of the city and those utilized by authorized resource management, emergency and enforcement personnel when acting in the performance of their assigned duties shall be exempt from the provisions of this article. (b) Temporary exemption from the requirements of this article for a special event, trial or race may be obtained upon application to and approval by the city council. (Code 1984, § 760:30) Sec. 22-94. Conflicting regulations. Where the conditions imposed by any provision of this article are either more or less restrictive than comparable conditions imposed by other ordinance, rule, or regulation of the city, such as, but not limited to, chapter 24 or chapter 36, article VII, division 5, the ordinance, rule, or regulation which imposes the more restrictive condition, standard, or requirement shall prevail. (Code 1984, § 760:35) Sec. 22-95. Variances. (a) The city council may grant a variance from the requirements of this article where it is shown that, by reason of hardship, strict compliance with such requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lake; provided that a variance may be granted only if the variance does not adversely affect the purpose and intent of this article or adversely affect the public's health, safety or welfare. (b) Written application for a variance, together with a nonrefundable application fee as set forth in chapter 16, shall be filed with the city. The application shall state fully all facts relied upon by the applicant and shall be supplemented with such information as will aid in the analysis of the matter. The application may be referred Created: 2023‐10‐18 09:55:46 [EST] (Supp. No. 57, Update 1) Page 3 of 9  to such outside consultants, engineers, or attorneys as the city deems necessary to evaluate the application, and the cost of any such referral shall be borne by the applicant. (c) Upon filing of the application and fee, the city council shall place the matter on its regular meeting agenda for a public hearing. (d) Notice of the hearing shall be mailed not less than ten days before the date of the hearing to each owner of property situated wholly or partially within 350 feet of the lakeshore site to which the variance application applies. The applicant shall provide a list obtained from and certified by the county to be used in the mailing. Failure of a property owner to receive the notice shall not invalidate any of such proceedings. (e) The council may defer the matter for further consideration, adopt the variance, adopt the variance with conditions, or refuse the variance for reasons placed on the record. (f) No variance shall be granted by the city council unless it shall have received the affirmative vote of at least four-fifths of the full council. (Code 1984, § 760:20) Sec. 22-96. Docks, moorings and other structures. (a) Prohibited locations. Unless otherwise permitted in this article, no dock, mooring, or other structure shall be so located as to do any one of the following: (1) Obstruct the navigation of any lake. (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized under this article. (3) Present a potential safety hazard. (4) Be detrimental to fish or wildlife habitat or protected vegetation. (b) Shape and dimensions. (1) No dock shall exceed six feet in width and 75 feet in length as measured from the water's edge. The width (but not the length) of the crossbar of any T-shaped or L-shaped dock shall be included in the computation of length described in the preceding sentence. In the event the water's edge is measured from emergent aquatic vegetation, the dock length, shape and dimension shall be configured so as to minimize impact on the lake and prevents safety hazards. (2) The crossbars of any such dock shall not measure in excess of 25 feet in length. (3) The end segment of a dock may be of a square design up to eight feet wide. (4) No more than two crossbars shall be allowed on each dock. (c) Encroachment in setback zone; common docks. No dock and/or water trampoline shall encroach upon any dock setback zone; provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this article. (d) Permitted number of docks. No more than one dock shall be permitted on any lakeshore site. (e) Location on or near public property. All private docks, moorings and buoys are prohibited on public property or within the extended property lines of any such property for a distance of 100 feet from the ordinary high- water mark of such property without written permission of the governmental subdivision having title to the property. Created: 2023‐10‐18 09:55:46 [EST] (Supp. No. 57, Update 1) Page 4 of 9 (f) Reserved. This subsection reserved for future use. (g) Materials and construction; maintenance. Docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a nuisance to the public using the waters of the lake and they shall be maintained in a workmanlike manner and shall be in good repair. (h) Electrical systems. Any electrical use on dock facilities must meet all appropriate electrical and building codes. (i) Storage of fuel; fueling facilities. No person shall store fuel upon any dock, and the installation of fueling facilities on any dock, mooring or other structure is prohibited. (j) Prohibited signs and lights. No advertising sign shall be displayed from or on any dock, nor shall any oscillating, rotating, flashing or moving sign or light be used thereon. (k) Commercial boat launches. No boat launch shall be established for commercial purposes without approval of the city council. (l) Swimming rafts and water trampolines. All swimming rafts and water trampolines shall obtain the proper permits from the county, if required, prior to installation, shall be located within 100 feet from shore, shall not be used for mooring except by persons using the raft or water trampoline for its defined purpose, and shall be limited to no more than one per lakeshore site. (m) Lights or reflectors required. All structures in the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto sufficient reflectorized material so as to reflect light in all directions. Such material shall be capable of retaining 80 percent of its dry-weather reflective signal strength when wet. (n) Removal during winter months. All structures except docks in the waters of any lake, whether floating or on posts, shall be removed from the lake before November 1 of each year and remain out of the water until April 1 of the following year. The city may, upon application therefor, grant an exemption for specified structures of a permanent nature and designed to withstand the effects of winter weather. This subsection does not apply to fish houses located on the frozen waters of a lake. (o) Additional regulations. Docks, moorings and other structures located in or on, or attached to, any shoreland shall also be governed by any other applicable provision of this Code, including, but not limited to, chapter 36, article VII, division 5, pertaining to the shoreland zoning district. (p) Intent of location restrictions. The purpose of the dock location regulations of this section is the safe and orderly use of lake waters, understanding that each owner of a lakeshore site may want to extend a dock into such water. Such regulations are based upon certain assumptions such as, but not limited to, fairly uniform property widths around a lake in dimensions that accommodate the placement of a dock without encroachment upon dock setback zones or over the extended property lines of a neighboring property, and are based upon the assumption that neighbors can work together regarding issues of dock placement. The requirements of subsections (a)(2), (c) and (f) of this section shall not apply in those situations where it is impossible for one or more owners of lakeshore sites in proximity to one another to each place a dock in conformity therewith due to configurations unique to one or more of their sites. (Code 1984, § 760:05; Ord. No. 05-15, § 2, 4-4-2005; Ord. No. 05-17, § 2, 4-18-2005; Ord. No. 09-17, § 1, 12-21- 2009) Created: 2023‐10‐18 09:55:47 [EST] (Supp. No. 57, Update 1) Page 5 of 9 Sec. 22-97. Water obstacles. (a) Permit required. Except as otherwise provided, no person shall operate, maintain or place any water obstacle in or upon the waters of any lake unless a permit shall first have been obtained for the water obstacle. Such permit shall be in addition to any that may be required by the county. (b) Application for permit. Applications for permits shall be made upon forms provided by the city and shall include the following information: (1) The name, address and telephone number of the applicant; (2) The type, number and proposed location of the water obstacle; (3) The period for which the permit is sought; (4) A statement as to how the water obstacle will be reflectorized; (5) If the permit is to be issued to an organization, a statement as to the nature and membership of the organization; (6) If the permit is sought for a particular event, the nature of the event; and (7) Such other information as the city may require to assist it in considering the application for the permit. (c) Fee; review of application. A nonrefundable application fee as set forth in section 16-81, shall accompany the application at the time of filing in order to complete the application. Complete applications for permits shall be reviewed by the city council. (d) Criteria for issuance. In reviewing an application for a permit pursuant to this section, the city council shall consider the following factors: (1) The size, configuration and manner of construction of the proposed water obstacle. (2) The level of competing watercraft traffic which can be reasonably expected during the requested duration of the requested permit. (3) The size and configuration and depth of the body of water for which the permit is requested. (4) The number of competing water obstacles which will be in place pursuant to permits already then issued. (5) Any other factor reasonably related to the effect of the applicant's proposed use on the maintenance of public health and safety upon the city's lakes. (e) Permit conditions. If a permit is approved by the council, the permit, when issued, shall specify the dates or period of time for which it is granted as well as any other condition the council may deem necessary to protect the health, safety or welfare of the public. A violation of any condition or time period specified on a permit shall be a violation of this article. No permit shall be effective for a period of more than one year. (f) Prerequisites for issuance. No approved permit shall be issued until the following have all occurred: (1) The permittee has signed a statement agreeing to be bound by the terms of the permit. (2) The permittee has signed a statement accepting responsibility for the presence, maintenance, use and removal of the water obstacle and agreeing to indemnify and hold the city harmless from any liability with regard to the water obstacle. (3) The permittee has provided proof satisfactory to the city of a policy or certificate of liability insurance for the permitted obstacle in accordance with chapter 16, article XII. (g) Revocation of permit. Created: 2023‐10‐18 09:55:47 [EST] (Supp. No. 57, Update 1) Page 6 of 9  (1) If any permitted water obstacle is found by the council to constitute a hazard or obstruction to the safe use of the lake by others, the permit may be revoked. This remedy shall be in addition to any criminal remedies available pursuant to this article. (2) The permittee shall be given written notice of the hearing at which the council shall consider the revocation, such notice to be received by the permittee at least ten days before the hearing. If the permittee cannot be found, notice shall be sufficient if delivered to the address of the applicant or permittee as set forth in the permit application. (3) The council shall hear relevant testimony and receive relevant evidence offered by the permittee and that which is offered by or on behalf of the city. As the trier of fact, the council shall determine the relevancy of testimony or evidence. (4) After considering all such evidence and testimony submitted, the council may order revocation of the permit on the record based upon its sole discretion. (h) Removal. (1) Upon receiving notice of revocation, the permittee shall remove the water obstacle within seven days thereafter. Failure of the permittee to remove the water obstacle as specified is a violation of this article. (2) If the water obstacle is not removed as specified it may be removed by the city at the expense of the permittee, who shall pay the costs thereof immediately upon receiving a bill therefrom. (3) In the case of an emergency presenting an immediate hazard to the public safety, the city may abate the hazard as it deems appropriate before proceeding pursuant to subsection (g) of this section, and the permittee shall reimburse the city for any expense incurred in abating the hazard. (Code 1984, § 760:10) Sec. 22-98. Watercraft regulations. (a) Adoption of state regulations. The provisions of Minn. Stats. ch. 361 and the rules and regulations of the state department of natural resources promulgated thereunder are hereby incorporated in this section and made a part of this section as if fully set forth in this section. A copy of such provisions shall be kept on file in the city clerk's office. (b) Speed limit near persons in water and anchored or moored watercraft. Watercraft shall not exceed a slow-no wake speed within 100 feet of a person in the water or an anchored or moored watercraft. (c) Speed limit near shoreline. Watercraft shall not exceed a slow-no wake speed within 100 feet of any shoreline, except that a watercraft launching or landing a person on water skis or a similar conveyance requiring speed to stay above water may use the most direct route to open water or shore at the speed limit established in subsection (e) of this section, unless within 100 feet of a person in the water or an anchored or moored watercraft. (d) Speed limit in slow-no wake areas. (1) Except as otherwise provided, no person shall operate a watercraft in any slow-no wake area in excess of slow-no wake speed. (2) The location and boundaries of each slow-no wake area established by this section are shown on that certain map entitled "Water Surface Use Zoning Map of Maple Grove" on file in the office of the city clerk. The map and all notations, references and data thereon are hereby incorporated by reference into this section and shall have the same force and effect as if fully set forth and described in this section. Created: 2023‐10‐18 09:55:47 [EST] (Supp. No. 57, Update 1) Page 7 of 9  (3) Slow-no wake areas shall be marked in accordance with the applicable regulations of the state department of natural resources. However, such speed limitation shall be effective even in the absence of such markings. (e) Specific speed limits; direction of travel. (1) No person shall operate a watercraft at a speed which exceeds the following limitations: Lake Permissible Speed All lakes in designated slow-no wake areas Slow-no wake All lakes in the city, sunrise to sunset, unless otherwise 40 miles per hour specified in this subsection All lakes in the city, sunset to sunrise, unless otherwise 15 miles per hour specified in this subsection Edward Lake and Pike Lake 15 miles per hour Rice Lake in waterways west of Interstate I-94 Slow-no wake Fish Lake: Southwest Bay and Mariner Point Channel Slow-no wake Sunset to 9:00 a.m. Slow-no wake (2) All watercraft shall travel on Fish Lake and Weaver Lake in a counter-clockwise direction. This requirement shall not apply to: a. Watercraft traveling in slow-no wake areas at or below such speed. b. Watercraft traveling anywhere on such lakes at or below slow-no wake speeds. c. Watercraft moving solely by power of the wind. d. Watercraft using for their intended purpose any slalom course or ski jump course previously approved by the city council and subject to such limitations imposed by the council. (3) No watercraft shall be operated at speed greater than is reasonable and prudent for the existing conditions and having full regard for both the actual and potential hazards at the time. Speed shall be restricted as is necessary to avoid colliding with any person, property, or natural resource which is in, on, or entering the water of any lake. (4) Whenever the waters of Fish Lake shall reach or exceed 892.00 feet above sea level, as measured by the water level gauge set by the city, the city administrator or his designee may, at his discretion, upon notifying the county sheriff, impose a slow-no wake speed on the lake. Such restriction shall become effective upon a date specified by the city administrator or his designee and shall remain in effect until the water level for the lake has receded to below this level. The city shall make every effort to inform the public of such restriction, including, but not limited to, notification to the city's official newspaper, posting of the restriction at all public lake access points prior to and during the time such restriction is in place, and posting of the restriction at the city hall. A violation of such restriction shall be a violation of this article. (f) Limitation on number of watercraft. No person shall moor, dock, or beach overnight more than five watercraft on any lakeshore site or upon the waters of any lake. (g) Registration. No unoccupied watercraft shall be moored, docked, or stored overnight on any lakeshore site or on the waters of any lake unless the watercraft is currently registered pursuant to Minn. Stats. ch. 361 in the name of a member of the owner's household, or is the watercraft of authorized guests of such owner. Created: 2023‐10‐18 09:55:47 [EST] (Supp. No. 57, Update 1) Page 8 of 9 (h) Storage within shoreland setback areas. Except as may otherwise be provided in chapter 36, article VII, division 5, storage of watercraft at any lakeshore site within shoreland setback areas is prohibited. (i) Overnight occupation of habitable watercraft. No habitable watercraft shall be occupied overnight more than twice during any calendar week without the prior written approval of the city, which may be granted for purposes of fishing or angling. (j) Use as living quarters. No person shall use any watercraft, wherever located, as living quarters. 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