HomeMy WebLinkAbout9H - Three Ordinance Amendments - Tobacco, Refuse, Portable Toilets
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
July 16, 2007
9H
Frank Boyles, City Manage
CONSIDER APPROVAL OF EE ORDINANCE AMENDMENTS RELATING
TO: 1) SECTION 308.800 - TOBACCO; 2) SECTION 601 - REFUSE; AND 3)
SECTION 609 - PORTABLE TOILETS.
Introduction
The purpose of this agenda item is to consider approval of three refinements to
the City Code.
History
Periodically, the staff reviews the City Code and recommends amendments as
needed. This agenda report reviews three such areas.
Current Circumstances
Areas in the ordinance to amend:
1. 308.800 Tobacco - the ordinance allows a licensee to appeal the civil
penalties for ordinance violations. Appeals must be made to the Council
in writing within ten days of receiving written notice from the City of the
civil penalty. The ordinance does not provide a time frame within which
the City Council must conduct the appeal hearing. The attached
amendment would require that the public hearing occur within 30 days of
receipt of a written request to appeal the penalty set out in the ordinance.
2. 601 Refuse - The City Code provides that each licensee is to supply a
$1,000 bond for each truck to assure compliance with the City Code and
sanitary standards. I learned recently that we have not collected these
bonds for some time as they are onerous in their amount and difficult to
draw upon in the event of a violation. The attached amendment would
require a $1,000 Letter of Credit from each licensee. The amendment
stipulates certain kinds of violations and the amount the Letter of Credit is
reduced for each. Like the tobacco and liquor licenses, the licensee may
appeal the civil violations.
3. 609 Portable Toilets - The City's public nuisance chapter, 601, does not
address portable toilets. Instead it addresses outhouses and the like.
Since portable toilets are required by OSHA on construction projects and
found in virtually every City park, homeowner association common
property and at special events, the addition of ordinance provisions
addressing this subject seems appropriate. The attached ordinance
identifies permitting requirements, buffering, setbacks and other
conditions relating to the use of portable toilets.
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Phone 952.447.9800 / Fax 952.447.4245
ISSUES:
The three ordinance amendments which are proposed are garnered from the
staff's day-to-day experience implementing the ordinance. All three are
considered to be refinements to the existing City Code. We have notified refuse
haulers, portable toilet vendors and tobacco licensees about the proposed
change and invited them to submit input on the subject.
The Council should determine if it believes the ordinances should be adopted as
proposed or with amendments.
FINANCIAL
IMPACT:
The proposed amendments do not have appreciable financial impacts.
ALTERNATIVES:
1. By separate motion and second adopt each of the three ordinances as
proposed or with amendments.
2. Adopt one or more of the ordinances.
3. Take no action.
RECOMMENDED Alternative #1.
MOTION:
~~ PRIO+
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~INNESO't~
CITY OF PRIOR LAKE
ORDINANCE NO. 107-xx
AN ORDINANCE AMENDING SUBSECTION 308.800 OF THE PRIOR LAKE CITY CODE
RELATING TO TOBACCO
The City Council of the City of Prior Lake hereby ordains that Section 308, subsection 308.800
is amended to read as follows:
308.800:
HEARING ON DENIAL OR VIOLATION. Following receipt of a notice of denial
issued under subsection 308.300 or a notice of a violation and penalty issued
under subsection 308.700, an applicant or license holder may request a hearing
before the City Council. A request for a hearing shall be made by the applicant or
license holder in writing and filed with the City Manager within ten (10) days of the
mailing of the notice of denial or alleged violation. Following receipt of a written
request for hearing, the applicant or license holder shall be afforded an
opportunity for a hearing before the Council within thirtv (30) days of such written
reauest. If a committee of the Council conducts the hearing it shall report its
findings and make a recommendation to the full Council.
This ordinance shall become effective upon passage and publication.
Passed by the City Council of the City of Prior Lake this 16th day of July 2007.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 21st day of July 2007.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
The City Council of the City of Prior Lake hereby ordains that Section 601, subsection 601.300 and
601.1000 are amended to read as follows:
601.300:
601.301
601.302
GARBAGE AND REFUSE COLLECTORS:
Licenses Reauired: Anv individual. corporation. partnership or other form of business
entitv that desires to encace in the business of waste manacement or refuse haulinc is
reauired to first make application to the City Clerk for a license which application shall be
on a form provided bv the Citv and shall include but not be limited to the followinc
information:
. Letter of Credit
· License Fee
. The name of the owner and licensee
· A description of each motor vehicle to be used for haulina. includinc the license
number thereof
. The manner and kind of services to be provided to customers and the cost of pick-ups
. Certificate of insurance
Reauirements of the Licensee:
601.302.1 Insurance Reauired: No license shall be issued until the applicant provides
the City with a current policv of insurance coverina all vehicles to be used bv
the applicant in its business. The minimum limits of coveraae for such
insurance is a combined stvle limit for bodilv iniury and propertv damaae of
$500.000.
601.302.2 Letter of Credit: Before each license is aranted, the applicant shall furnish to
the Citv and deposit with the Citv Clerk a Letter of Credit in the sum of $1.000.
The purpose of the Letter of Credit is to assure compliance with all the
provisions and reauirements of this subsection and all applicable sanitary rules
and reaulations.
601.302.3 Reduction of Letter of Credit: If the City finds that the licensee has violated
this Section, the Citv mav reduce the Letter of Credit bv $500 as a penaltv for
such violation.
Civil Enforcement: The license holder shall be responsible for the conduct of its aaents
or emplovees. Anv violation of this section shall be considered an act of the license
holder for the purposes of imposinc a civil penaltv. license suspension or revocation.
Each violation. and every day which the violation occurs or continues. shall constitute a
separate offense.
601.303.1 Notice of Violation. Upon the occurrence of a suspected violation, the Finance
Department shall inform the Citv Manaaer of the suspected violation. The Citv
Manaaer shall then send the license holder a written notice of civil violation.
The notice shall advise the license holder of the penaltv and the license
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1:\COUNCIL\ORDINANC\071607601 ordamendmemne 952.447.9800 / Fax 952.447.4245
601.303
601.400
601.401
601.402
601.403
holder's riaht to reQuest a hearina reaardina the violation of this ordinance
pursuant to Section 601.400.
601.303.2 Civil Penalties. Each license issued hereunder shall be subiect to suspension
or revocation for violation of anv provisions of this section or the laws of the
State of Minnesota as follows:
a. First Violation. The first violation of this section is punishable by a civil
penaltv of $500.
b. Second Violation. A second violation of this section within any 36-month
period shall be punishable by a civil penaltv of $500.
c. SubseQuent Violation. A third or subseQuent violation of this section within
any 36-month period shall be punishable bv revocation of the license. Anv
licensee whose license is revoked under this section shall not be eliaible
for renewal for a period of two license years after revocation.
Anv civil penaltv. suspension or revocation or combination thereof under this
section does not preclude criminal prosecution under this Ordinance or
Minnesota Statutes Section 609.685.
HEARING ON VIOLATION: Followina receipt of a notice of violation and penaltv issued
under Subsection 601.303. a license holder may reQuest a hearina. A reQuest for a
hearina shall be made bv the license holder in writina and filed with the Citv Manaaer
within ten (1 Q) days of themailinaofthenoticeofalleaedviolation.Followina receipt of
the written reQuest for hearina. the license holder shall be afforded an opportunitv for a
hearina within 30 davs. The hearina for a violation as set forth in 601.303.2 a and b shall
be conducted bv the Citv Manaaer. The hearina for a violation of 601.303.2 c shall be
conducted by the City Council.
Findinas. If after the hearina. the license holder is found in violation of this ordinance. the
Citv Manaaer or Citv Council mav affirm the denial. impose a fine. issue a suspension or
revocation or impose anv combination thereof as set forth in Subsection 601.303.
Default. If the license holder has been provided written notice of violation and if no
reQuest for hearina is filed within the ten-dav period. then the penaltv. suspension or
revocation imposed in 601.303 shall take immediate effect by default. The Citv Manaaer
shall mail a notice of the fine. suspension or revocation to the license holder. The Police
Department shall confirm compliance with the suspension or termination.
Severability. If anv provision of this section is for anv reason held to be invalid. such
decision shall not affect the validity of the remainina provisions of this Section.
This ordinance shall become effective upon passage and publication.
Passed by the City Council of the City of Prior Lake this 16th day of July 2007.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 21st day of July 2007.
1:\COUNCIL\ORDINANC\071607 601 ord amendment.doc
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 107-xx
AN ORDINANCE CREATING SECTION 608 OF THE PRIOR LAKE CITY CODE
RELATING TO HEALTH AND SANITATION
The City Council of the City of Prior Lake hereby ordains that Section 608 be adopted to read as
follows:
SUBSECTIONS:
608.100:
608.200:
608.300:
608.400:
608.500:
608.600:
608.700
608.100:
608.200:
608.201
608.202
SECTION 608
PORTABLE TOILETS
PURPOSE
DEFINITIONS
ALLOWABLE USE OF PORTABLE TOILETS
GENERAL REGULATIONS
PENALTY
EFFECTIVE DATE
SEVERABILITY
PURPOSE: The purpose of this ordinance is to preserve and protect the health,
safetv and aeneral welfare of persons and the property in the Citv of Prior Lake bv
reaulatina the location and maintenance of portable toilets and requirina a permit for
their use and placement.
DEFINITIONS: For the purpose of this ordinance, the followina definitions shall applv.
"Portable Toilet" means a free-standina, movable toilet structure equipped with a
water-tiaht impervious container which receives waste discharaed throuah a
hopper. seat. urinal or similar device and into which container mav be placed
disinfectina or deodorizina chemicals. For the purposes of this ordinance. portable
toilet and chemical toilet shall have the same meanina.
"Parks/Open Space" means public passive or active recreation areas includina but
not limited to: parks. hikina trails, natural areas. wild life areas, arboretums, open
arass areas and tot lots. baseball diamonds, tennis courts, basketball courts. plav
fields. plavarounds. outdoor swimmina pools, fitness courses and drivina ranaes.
For the purposes of this section common areas owned and operated bv
homeowners associations are also included in this definition.
City of Prior Lake
www.cityofpriorlake.com
60a/p 1
Phone 952.447.9800 / Fax 952.447.4245
608.300
608.400
ALLOWABLE USE OF PORTABLE TOILETS: Portable toilets may onlv be used to
provide temporary bathroom facilities for special events. seasonal bathroom
facilities on public and private parks and open recreational spaces, or as part of
construction proiects. In no case shall portable toilets be used as permanent
sanitary facilities for residential or nonresidential uses, or as secondary sanitary
facilities on existino developed lots.
GENERAL REGULATIONS
608.401
(1 )
(2)
(3)
(4)
(5)
608.402
(1 )
(2)
(3)
(4)
Permit Required. No person, firm. partnership. corporation. non-profit or franchise
(hereinafter "individual") shall place or install a portable toilet in the Citv without first
obtaininQ a permit. The followinQ information shall be provided as part of the permit
application forms provided bv the Citv:
The owner of the propertv.
The owner of the portable toilets.
Dates durino which toilets are to be provided.
Site plan identifvinQ the proposed location of toilets.
EmptvinQ and maintenance schedule and procedures.
Permit Exemption. No permit shall be required in the followinQ instances:
Communitv Events: The placement of portable toilets on public property for
community events lastinQ UP to 7 calendar davs.
Public Road and Utilitv Proiects: Portable toilets placed on public or private
property in coniunction with public road and utilitv construction proiects. as 10nQ as
the location is approved bv the City EnQineer.
Private Events: The placement of portable toilets on private property for private
outdoor events lastinQ UP to 4 davs, as 10nQ as an outdoor events permit has been
approved by the City.
Private Development Construction Proiects: Portable toilets placed on private
property in coni unction with private development road and utilitv construction
proiects. or individual buildina proiects, as lona as the location is approved as part
of the permit for the proiect.
(5) Other Proiects: Anv portable toilet placed on a site as part of a proiect which
receives Citv review and approval.
608.403 Location and Orientation:
(1) Setback from Residential Propertv: Portable Toilets shall be located at least 25 feet
from anv residential propertv line.
(2) Setback from Nonresidential Property: Portable Toilets shall be located at least 10
feet from any nonresidential property line.
(3) Setback from Lake or Stream: Portable toilets shall be set back at least 50 feet
from the ordinary hiQh water elevation of anv lake or stream.
(4) Setback from Wetlands: Portable toilets shall be located at least 30 feet from the
edoe of anv wetland or pond. and shall not be located within anv required wetland
buffer.
(5) Orientation: Portable toilets shall be oriented in such a wav that the openina or
door faces awav from anv residential dwellinQ unit unless screened bv a solid fence
of at least six (6) feet in heiQht equipped with a door or screen wall which
City of Prior Lake
608/p2
608.404
608.405
608.500
608.600
608.700
completely blocks the view of the portable toilet.
Screenina: Anv portable toilet located within parks and open space as defined
herein and located less than 50 feet from a dwellina unit must be screened bv a
solid fence at least six (6) feet in heiaht.
Emptyina and Maintenance Schedule: All portable toilets shall be emptied by a
person, firm or corporation enaaaed in the business of cleanina or emptvina
portable toilets and licensed by MNPCA and recharaed at a sufficient freauency to
prevent the escape of offensive odors or spillaae. Every individual enaaaed in the
business of cleanina or emptyina portable toilets shall use a suitable vehicle
properlv provided with water-tiaht. completelv closed tanks or boxes desianed to
prevent leakaae onto the streets or hiahwavs and further desianed to prevent the
escape of offensive odors in the atmosphere.
PENALTY: Any person or business violatina anv provision of this Section shall be
auiltv of a misdemeanor and upon conviction thereof shall be punished bv a fine of
not more than one thousand dollars ($1,000.00) and ninety (90) davs in iail.
EFFECTIVE DATE: This Section shall become effective upon its due passaae and
enactment and publication accordina to law.
SEVERABILITY: If anv provision of this ordinance is deemed unenforceable bv a
court of competent iurisdiction, the remainina provisions shall not be invalidated.
This ordinance shall become effective upon passage and publication.
Passed by the City Council of the City of Prior Lake this 16th day of July 2007.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 21st day of July 2007.
City of Prior Lake
608/p3