In need of legal help!

[scubadog76]

Today, a buddy and I were given a ticket for illegal diving. > We were using a flag and all that, but we were in lake Calhoun where apparently they still require a permit. I was told by 2 very reliable dive shops that the need for a permit stopped last summer. I have dove these lakes (harriet, Calhoun, Nokomis) over 60 times in the last year. A couple cops had asked me about a permit before, I said it wasn't needed anymore and they left with no problems. This guy seemed pretty intent on nailing us .(He watched us like a hawk while we burned through 2 tanks ???) He gave us both a ticket for illegal diving.(while every house in Minneapolis was being robbed blind) I have looked at every web site I can find for Minneapolis permits and I can't find anything saying you need a permit to dive Minneapolis lakes. You need a permit to take pictures there but nothing about diving. we are gonna fight the ticket but I need the facts. Any help is GREATLY appreciated. Thanks, S.dog76

[FMT]

Check the phone book for city offices that might be "in charge" of this type of activity and start calling and keep calling until you get the right people. Also talk to Smith Diving as they seem to know more about diving the Mpls. lakes than other dive shops. I can't remember who I talked to but it was some city office that I eventually got transfered to that gave me the info about no longer requiring permits.
T

[aristoff]

Sorry to hear about the ticket, I am an officer for a local agency and I couldnt tell you about a permit for mpls. however, my advise would be to contact the city attorney and look into a deal for a plea of no same or simular and the citation would be cleared after one year. that may save you time and money instead of court. I know that the city I work for makes deals all the time to keep us out of court, the overtime alone that they save can be more then the fine.

;D

[Maka]

I also have not found ANYTHING, on any city, county or State website. I don't think I'll have to plea bargain, as I think this matter will be laughed out of court. But I still would like to get as much info on the matter as well as local Salvage laws.
If he didn't want us diving a second tank he could have said something.

[igotoofar]

Your Ticket should have a statue # on it. If you find the statue we can then see if it is still on the books.

[Maka]

Statute # 3-4.

[igotoofar]

Was it a Mpls Cop, or a Parks and Rec?

[scubadog76]

Parks and rec

[FMT]

This sounds like somebody's supervisor should be spoken to EXCEPT that once you get the ticket voided (and I'm sure you will) it might be better to leave it alone UNLESS it happens again.
T

[lbosard]

I did some searching and came up with the applicable ordinance. Under the MPLS city ordinances at
:'(
Park Board ordinance 3-4 reads; PB 3-4. Use of underwater breathing apparatus. It shall be unlawful for any person or persons to use skindiving, aqualungs, or any other underwater breathing apparatus or equipment in any park waters without first obtaining a permit therefor from the park and recreation board or its proper officers and upon payment of fees to be established by the board. (Code 1960, As Amend., § 1011.070)
:-X
and Park Board Ordinance 3-2 reads: PB3-2. Use of unauthorized beach; swimming across lake. No person or persons shall swim or bathe at any unauthorized beach or park water; nor shall any person or persons swim across any lake or park water unless accompanied by a boat and then only with permission from the park and recreation board or its proper officers. (Code 1960, As Amend., § 1011.050)

As for penalties Park Board Ordinance 1-5 reads;

:o

PB1-5. Penalty. Every person convicted of a violation of any provision of the Park and Recreation Board Code of Ordinances shall be punished by a fine of not to exceed one thousand dollars ($1,000.00), or by imprisonment for not to exceed ninety (90) days, or both, except as expressly provided elsewhere in the Code. (Code 1960, As Amend., § 1000.050; Pk. Bd. Ord. No. 84-101, § 1, 3-7-84; Pk. Bd. Ord. No. 2000-102, § 1, 9-127-00)

Sorry to say to me it looks like he was correct in the ordinance, as to his professionalism or lack thereof I guess only you guys that were there know can judge that.

I would guess though that if you were to contact the city attorneys office and try to work a deal you would be sucsessful. Go for a continuance for a year with dismissal if there are no same or similar violations. If you live in the city contact the city councilman or park board member who represents you to run some interference for you.

Good luck.