sparkyfry: Man, it pains me to do this. Below is my exchange with Park Board staff to explain why I'm doing so.
Me: "I checked out Wirth Beach today; the new facilities are great! I just have one more question. I noticed the semi-circular boardwalk that forms the barrier between the swimming area and the rest of the lake. Is it legal to go beyond the boardwalk? That's actually where the geocache is located. (It wouldn't survive in the swimming area because of all the people present.) I realize lifeguards won't be able to monitor the area, so I'd put disclaimers on the cache page. It's not very far out; the water is only 3 or 4 feet deep at that location. It's not too far from the shore where the lilypads are located. I just want to make sure everything is okay before re-activating the cache."
Them: "I checked with the planner who designed the whole boardwalk at Wirth Lake, including the boardwalk around the swimming area. She confirmed that the swimming area is only in that enclosed area, and any swimming done outside of that area would be unauthorized so it would not be wise to put the geocache out there."
Me: "Is "unauthorized" the same thing as "illegal"? That spot is perfect for the geocache -- there's a big rock there that the geocache has been hidden under. (It even survived the tornado!) And because it's away from the swimming area, it doesn't get disturbed. It would be a shame to archive the geocache, but if I have to, I will. As I said, I'd put plenty of disclaimers on the cache page saying swimming outside the area is not recommended and no lifeguard is on duty, etc. I remember when the woman hid the cache there originally, the lifeguard knew about it and let it go there."
Her: "Here are the General Rules off of our web site. See #3:
General Rules
1. Smoking is not allowed in any beach areas.
2. Children under the age of 8 must be accompanied by an adult at all times.
3. Swim only within marked areas.
4. Only Coast Guard approved lifejackets are allowed and must be wore the correct way.
5. No throwing sand or rocks.
6. No glass in any beach area.
7. Obey lifeguards at all times.
8. Infants and children who are not yet toilet-trained must wear a swim diaper.
9. Riding piggyback is permitted. "Chicken fights" and rough horse play is prohibited.
10. No one is allowed in the water when the air temperature is 65 Fahrenheit or below.
11. Safety breaks are taken during the day at beaches.
So technically, somebody swimming outside of the authorized area could get a citation from the Park Police."