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HomeMy WebLinkAbout107-14 Portable Toilets \. PRIO €&E ~ 11,\ \'1. SO \;-. 4646 Dakota Street S.E Prior Lake. MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 107-14 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: 608.201 608.202 608.300 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, safety and qeneral welfare of persons and the property in the City of Prior Lake by requlatinq the location and maintenance of portable toilets and requirinq a permit for their use and placement. DEFINITIONS: For the purpose of this ordinance, the followinq definitions shall apply. "Portable Toilet" means a free-standinq, movable toilet structure equipped with a water- tiqht impervious container which receives waste discharqed throuqh a hopper, seat, urinal or similar device and into which container may be placed disinfectinq or deodorizinq chemicals. For the purposes of this ordinance, portable toilet and chemical toilet shall have the same meaninq. "Parks/Open Space" means public passive or active recreation areas includinq but not limited to: parks, hikinq trails, natural areas, wild life areas, arboretums, open qrass areas and tot lots, baseball diamonds, tennis courts, basketball courts, play fields, playqrounds, outdoor swimminq pools, fitness courses and drivinq ranqes. For the purposes of this section common areas owned and operated by homeowners associations are also included in this definition. ALLOWABLE USE OF PORTABLE TOILETS: Portable toilets may only 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 www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 608.400 case shall portable toilets be used as permanent sanitary facilities for residential or nonresidential uses, or as secondary sanitary facilities on existina developed lots. GENERAL REGULATIONS 608.401 (1 ) (2) (3) (4) (5) (6) 608.402 (1 ) (2) (3) (4) (5) 608.403 (1 ) (2) (3) (4) (5) 608.404 Permit Required. No person, firm, partnership, corporation, non-profit or franchise (hereinafter "individual") shall place or install a portable toilet in the City without first obtainina a permit. The followina information shall be provided as part of the permit application forms provided by the City: The owner of the property. The owner of the portable toilets. Dates durina which toilets are to be provided. Site plan identifyina the proposed location of toilets. Emptyina and maintenance schedule and procedures. Current license certificate and license number issued by the Minnesota Pollution Control Aaency (MPCA). Permit Exemption. No permit shall be required in the followina instances: Community Events: The placement of portable toilets on public property for community events lastina up to 7 calendar days. Public Road and Utility Proiects: Portable toilets placed on public or private property in coniunction with public road and utility construction proiects, as lona as the location is approved by the City Enaineer. Private Events: The placement of portable toilets on private property for private outdoor events lastina up to 4 days, as lona as an outdoor events permit has been approved by the City. Private Development Construction Projects: Portable toilets placed on private property in coni unction with private development road and utility construction proiects, or individual buildina proiects, as lona as the location is approved as part of the permit for the proiect. Other Projects: Any portable toilet placed on a site as part of a project which receives City review and approval. Location and Orientation: Setback from Residential Property: Portable Toilets shall be located at least 25 feet from any residential property line. Setback from Nonresidential Property: Portable Toilets shall be located at least 10 feet from any nonresidential property line. Setback from Lake or Stream: Portable toilets shall be set back at least 50 feet from the ordinary hiah water elevation of any lake or stream. Setback from Wetlands: Portable toilets shall be located at least 30 feet from the edae of any wetland or pond, and shall not be located within any required wetland buffer. Orientation: Portable toilets shall be oriented in such a way that the openina or door faces away from any residential dwellina unit unless screened by a solid fence of at least six (6) feet in heiaht equipped with a door or screen wall which completely blocks the view of the portable toilet. Screenina: Any portable toilet located within parks and open space as defined herein and City of Prior Lake 608/p2 608.405 608.500 608.600 608.700 located less than 50 feet from a dwellinq unit must be screened by a solid fence at least six (6) feet in heiqht. Emptyinq and Maintenance Schedule: All portable toilets shall be emptied by a person, firm or corporation enqaqed in the business of c1eaninq or emptyinq portable toilets and licensed by MNPCA and recharqed at a sufficient frequency to prevent the escape of offensive odors or spillaqe. Every individual enqaqed in the business of cleaninq or emptyinq portable toilets shall use a suitable vehicle properly provided with water-tiqht, completely closed tanks or boxes desiqned to prevent leakaqe onto the streets or hiqhways and further desiqned to prevent the escape of offensive odors in the atmosphere. PENALTY: Any person or business violatinq any provision of this Section shall be quilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) and ninety (90) days in iail. EFFECTIVE DATE: This Section shall become effective upon its due passaqe and enactment and publication accordinq to law. SEVERABILITY: If any provision of this ordinance is deemed unenforceable by a court of competent iurisdiction, the remaininq 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 Ma~5~ 7!1 #cr-- Mayor '--- Published in the Prior Lake American on the 28th day of July 2007. City of Prior Lake 608/p3 CITY OF PRIOR LAKE ORDINANCE NO. 107-14 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: SECTION 608 PORTABLE TOILETS Subsections: 608.100: Purpose 608.200: Definitions I 608.300: Allowable Use of Portable Toilets 608.400: General Regulations 608.500: Penalty 608.600: Effective Date 608.700 Severability 608.100: Purpose: The purpose of this ordinance is to preserve and protect the health, safety and general welfare of persons and the property in the City of Prior Lake by regulating the location and maintenance of portable toilets and requiring a permit for their use and placement. 608.200: Definitions: For the purpose of this ordinance, the following definitions shall apply. 608.201 "Portable Toilet" means a free-standing, movable toilet structure equipped with a water- tight impervious container which receives waste discharged through a hopper, seat, urinal or similar device and into which container may be placed disinfecting or deodorizing chemicals. For the purposes of this ordinance, portable toilet and chemical toilet shall have the same meaning. 608.202 "Parks/Open Space" means public passive or active recreation areas including but not limited to: parks, hiking trails, natural areas, wild life areas, arboretums, open grass areas and tot lots, baseball diamonds, tennis courts, basketball courts, play fields, playgrounds, outdoor swimming pools, fitness courses and, driving ranges. For the purposes of this section common areas owned and operated by homeowners associations are also included in this definition, 608.300 Allowable Use of Portable Toilets; Portable toilets may only be used to provide temporary bathroom facilities for special events, seasonal bathroom facilities on public and private parks and open recreational spaees, or as part of construction projects. In no case shall portable toilets be used as permanent sanitary facilities for residential or nonresidential uses, or as secondary sanitary facilities on existing developed lots. 608.400 General Regulations 608.401 Permit Required, No person, firm, partnership, corporation, non-profit or franchise (hereinafter "individual") shall place or install a portable toilet in the City without first obtaining a permit. The following information shall be provided as part of the permit application forms provided by the City: The owner of the property. The owner ofthe portable toilets. Dates during which toilets are to be provided. . Site plan identifying the proposed location of toilets. Emptying and maintenance schedule and procedures. Current license certificate and license number issued by the Minnesota Pollution Control Agency (MPCA). 608.402 Permit Exemption. No permit shall be required in the following instances: . ("r\1""t'\1'n"""';+'U J:j'I"rn.......+". fJ1t........ Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher ofthe newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33IA.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 7"'-1 e t,- was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwxyz .f) . Rht ".,~ .. .' : -. _ . '1 I \ " \ ( B ! IJvVUL iL' _ ')V~N.A;4' I '--___.' 't.:, ) v Laurie A. Hartmann Subscribed and sworn before me on tIu d ~ f!J !hi, ~daY of ~ 2007 ,_ '/1 d . /i/I "1 ~ ~)/fh~~R4~j)/ Not~ Public J GWEN M. RAOUENZ NOTARY PUBUC - MiW~ESOTA My Commission Expires Jan. 31, 2010 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter................................. $40.00 per column inch Rate actually charged for the above matter.............................................. $11.89 per column inch