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HomeMy WebLinkAbout2023-08-02 P & R PacketC�_'eterviffe CITY OF CENTERVILLE Estaftished IX57 PARKS & RECREATION PARKS AND RECREATION COMMITTEE MEETING AGENDA Wednesday, August 2, 2023 6:30 p.m. Live stream at: https:Hnorthmetrotv.com/centerville-stream/ MEETING I. CALL TO ORDER 1. Oath of Office — Ashley Fuchs 2. Roll Call II. APPROVAL OF AGENDA 1. Call for Changes to the Agenda III. AWARDS/PRESENTATIONS/APPEARANCES 1. None IV. PUBLIC HEARINGS 1. None V. COMMITTEE BUSINESS (UNFINISHED) 1. 2023 Volunteer Appreciation a. Gift Card, Newspaper Ad, Etc.? 2. Purchase of Replacement Audio Equipment (Mixer, Speakers, Etc. -Status) 3. Kids Activity & Volunteers for 2023 Main Street Market (Kids Night, August 3, 2023) • Bounce House • Face Painting • Touch a Truck (FD, PD, Snowplow & Ambulance) • Wargo Nature Center & DNR Representatives • Coloring Sheets? Rock Painting? Etc.? 4. Movie in the Park (B. Peterson) 5. Recommended Locations for Hydration Stations & Bike Repair Stand Installations VI. COMMITTEE BUSINESS (NEW) 1. Resident Request for an Additional Park Bench at Eagle Park 2. Ms. Nissa Larson, Running Venture (2024 Contract Review & Prep. for September Appearance) 3. Program/Event Cancellation Policy 4. Purchase of an AED, Request for Donation & Training of Members 5. Marijuana/Tobacco Use (Marijuana - Open Space & Parks, Tobacco Use — Parks) VII. APPROVAL OF MINUTES 1. None VIII. ANNOUNCEMENTS/UPDATES 1. Staff Updates 2. Committee Member Update 3. Council Liaison Update IX. ADJOURNMENT INFORMATION REMINDERS ➢ Planning & Zoning Commission — August 8, 2023 — Rescheduled Due to Night to Unite ➢ City Council Meeting — Wednesday, August 9, 2023 ➢ Economic Development Authority — Wednesday, August 16, 2023 ➢ Parks & Recreation Committee — Wednesday, September 6, 2023 CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: I.1 Parks & Recreation July 28, 2023 TITLE OF ISSUE: Swearing in of new Committee Member Fuchs BACKGROUND AND SUPPLEMENTAL INFORMATION: Council authorized the appointment of Ashley Fuchs and the City Clerk will swear her in. The Committee welcomes new Committee Member Fuchs and looks forward to her dedication to the community. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Swearing in For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley Other (specify) Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: Regular Other: State of .Minnesota County of .Anoka fAAe%3/ uenas, cro so emn% wear thiat f ivOf saXpert tFee 'constitution of tnie e.GnitecC�Atates and -of tfie Mate of Minneseta' ancr faithfuf6cruseiearJc e tnfe cluties of tine office of a �Gommittee Me'nAer of tree arks I G ecreation �Gommittee of tie �Gity of scentervi fe in tiie'Count/ of Anoka ancC-4tate ofMinnesota, to tnie Aest of -My uCr meat ancrakility. Subscribed and sworn to before me this 2nd day of August, 2023. Ashley Fuchs Teresa Bender, City Clerk CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: V.1 Parks & Recreation July 28, 2023 TITLE OF ISSUE: 2023 Volunteer Appreciation BACKGROUND AND SUPPLEMENTAL INFORMATION: At previous meetings it has been discussed regarding scheduling of an event, best time of year, etc. Discussion has also taken place regarding gift cards, a newspaper ad, or unique ways of showing the Committee's appreciation for volunteers for this year. Discussion should be had regarding this item for this year, how and if the program should continue and how to improve volunteerism. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Discussion only unless there is a recommendation to finalize this years appreciation program. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley Other (specify) Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: Regular Other: CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: V.2 Parks & Recreation July 28, 2023 TITLE OF ISSUE: Purchased Mixer BACKGROUND AND SUPPLEMENTAL INFORMATION: An email was forwarded to Brian that the mixer was available for pickup. Committee Member Peterson will provide an update. COST AND SOURCE(S) OF FUNDING: REQUESTED ACTION: Potential for recommendation to purchase additional equipment. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley Other (specify) Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: 7=1 Regular Other: Teresa Bender From: EMI Audio <info@emiaudio.com> Sent: Wednesday, July 26, 2023 11:32 AM To: Teresa Bender Subject: Your EMI Audio Order Has Been Updated (#12216) Caution: This email originated outside our organization; please use caution. Order Status Changed Hi Teresa, An order you recently placed on our website has had its status changed. The status of your order #12216 has changed to Awaiting pickup. Order Details Order Total: $1,585.44 USD Date Placed: May 2nd 2023 Payment Method: Credit Card -i racking information No tracking numbers are assigned to your order yet Click here to view the status of your order EMI Audio https://emiaudio.com 1-800-832-5174 info@emiaudio.com Iff 1 CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: V.3 Parks & Recreation July 28, 2023 TITLE OF ISSUE: 2023 Main Street Market - Kids Night (August 3, 2023, 5:30 p.m. - 7:30 p.m.) BACKGROUND AND SUPPLEMENTAL INFORMATION: A bounce house will be delivered to the same location as last year and will need at least one attendant. Discussion should take place regarding ideas for a Committee activity similar to last years painting of rocks. COST AND SOURCE(S) OF FUNDING: REQUESTED ACTION: Recommendation to purchase x if desired. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley Other (specify) Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: Regular Other: CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: VA Parks & Recreation July 28, 2023 TITLE OF ISSUE: 2023 Movie in the Park Update (Evening & Choice) BACKGROUND AND SUPPLEMENTAL INFORMATION: Committee Member Peterson will provide an update. Chair Errickson-Grahek will provide an update of supplies COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Discussion unless Committee Member Peterson would like to make a recommendation for purchase of a CD, acquiring the video or supplies are needed. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley Other (specify) Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: Regular Other: CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: V.5 Public Works Director July 28, 2023 TITLE OF ISSUE: Recommended Locations for Hydration Stations & Bike Repair Stand Installations BACKGROUND AND SUPPLEMENTAL INFORMATION: Please find the aerial photos. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Discussion only. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley F 1 Other (specify) Maps Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: 7=1 Regular Other: k. AVII.Pl- F ,. y CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: V1.1 Administration/Parks & Recreation July 28, 2023 TITLE OF ISSUE: Request for Additional Park Bench at Eagle Park BACKGROUND AND SUPPLEMENTAL INFORMATION: Chair Errickson-Grahek has been provided with contact information from a resident who is interested in the installation of an additional park bench at Eagle Park. She will provide the Committee with an update. COST AND SOURCE(S) OF FUNDING: $2,000 REQUESTED ACTION: Discussion and possibility of a motion to recommend installation subject to recommendation from P.W. Director Palzer to location. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley Other (specify) Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: Regular Other: Teresa Bender From: Mark Statz Sent: Wednesday, July 19, 2023 1:55 PM To: Nissa Larson Cc: Teresa Bender Subject: Centerville Nissa, Could you send us a final invoice for this year's run? I think we'll forego signing the contract and just pay your invoice as long as it matches your proposal. Then, please send us a draft contract/proposal for the 2024 run. We'll put you on an upcoming P&R agenda so that you can have them review your scope of work and better coordinate with them on responsibilities. After that meeting, you could adjust your scope and proposal as appropriate, based on the conversation and we can get your contract approved. This will allow you to begin marketing early. Let me know if that makes sense. I've copied Teresa to this email so that she can coordinate your appearance at P&R. Thanks CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: VL2 Administration/Parks & Recreation July 28, 2023 TITLE OF ISSUE: Contract Proposal for Race Coordination (5/8K/Kids Fun Run) for 2024 BACKGROUND AND SUPPLEMENTAL INFORMATION: Ms. Nissa Larson wanted to attend the meeting to provide a recap of the 2023 runs, but has a scheduling conflict. She was requested to provide a proposed contract for 2024 so that the Committee had ample time to review and consider her proposal. This also allows the Committee to understand their responsibilities associated with the event, fees, and possible modifications to the proposal. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Discussion/Direction to Staff if needed. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay Freiermuth Seeley Other (specify) Proposed Contract for 2024 Services Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: Regular Other: Teresa Bender From: Nissa Larson <nissa@runningventures.com> Sent: Thursday, July 27, 2023 7:48 AM To: Teresa Bender; Mark Statz Subject: Re: Centerville Attachments: 2024 FetedesLacs Race Mgmt Proposal.pdf Caution: This email originated outside our organization; please use caution. Good Morning Teresa, Attached is the proposal for the 2024 Fete des Lacs Run. I looked online and saw that the next Park and Recreation Committee Meeting is August 2nd. I have a conflict that evening, however I am available to attend September 6th if there is a meeting on that date. Perhaps the committee could review the proposal and see how it fits with their desired involvement. If they have any specific questions I could either answer them prior or at the September meeting. One marketing deadline to be aware of is September 15th, 2023 for the Run Minnesota 2024 printed calendar. To ensure we make that deadline I will need to confirm the Race Date for advertisement. For proposal purposes, I have assumed Saturday, September 20, 2024. Is this the date to use? Thanks, Nissa Nissa Larson nissa@runningventures.com 763-568-2465 On 7/19/2023 2:32 PM, Teresa Bender wrote: Dear Nissa: To include something in the packet, the deadline would be Thursday, July 27, 2023. Teresa From: Nissa Larson <nissa@runningventures.com> Sent: Wednesday, July 19, 2023 2:25 PM To: Mark Statz <MStatz@centervillemn.com> Cc: Teresa Bender <TBender@centervillemn.com> Subject: Re: Centerville Caution: This email originated outside our organization; please use caution. Hi Mark, Sounds good. When is the deadline for the next P&R agenda? 1 I will put the invoice together and send it over. Thanks, Nissa Nissa Larson nissa@runningventures.com 763-568-2465 On Jul 19, 2023 13:55, Mark Statz <MStatz@centervillemn.com> wrote: Nissa, Could you send us a final invoice for this year's run? I think we'll forego signing the contract and just pay your invoice as long as it matches your proposal. Then, please send us a draft contract/proposal for the 2024 run. We'll put you on an upcoming P&R agenda so that you can have them review your scope of work and better coordinate with them on responsibilities. After that meeting, you could adjust your scope and proposal as appropriate, based on the conversation and we can get your contract approved. This will allow you to begin marketing early. Let me know if that makes sense. I've copied Teresa to this email so that she can coordinate your appearance at P&R. Thanks. Proposal for Race Management Services Proposal This will serve as the Race Management/Timing Services Proposal for Fete des Lacs Races (5/8K and Kids Fun Run) to take place on Saturday, July 20, 2024, in Centerville, MN. Running Ventures proposes to City of Centerville Parks & Recreation Committee ("Race Organizer") the following fee(s) listed below and to include the following: Race Management Services: The race management service fee of $1500.00 would be the following: • Work in cooperation with appropriate local City/Police Department/Other governmental agencies to secure appropriate permit(s) required for race events • Assist in creating and managing a race budget • Review the route signage, start signage and finish area signage and make recommendations for enhancement • Create comprehensive equipment and supplies lists prior to race day • Meet with local safety officials to develop course safety plans and coordinate public safety staffing • Develop a medical plan to include an onsite protocol for minor medical issues to emergencies • Work with product sponsors specific needs, delivery, and involvement • Design site layout for race day activities • Assist Race Organizer in handling all race registration responsibilities; ensure Running Ventures is granted the proper credentials or exporting/importing data • Assist in runner/participant and volunteer recruitment • Coordinate race day volunteer needs • Coordinate the locations, and setup for all aid stations along the course route • Manage all courses set up, breakdown and activities including water stations, course marshals, signage, medical station locations, road closure and road re -opening programs • Other responsibilities as mutually agreed upon Timing Services: The race timing fees per registered participant would be the following, subject to a minimum race timing fee of $300.00: • Race bibs: $0.35 each/registered participant • Timing: o Chip finish timing: $4.50/registered participant • Includes start/finish line equipment for one start line and one finish line • Running Ventures will create race database, assign and print bib labels, attach labels to bibs, and make available to Race Organizer in alpha order for packet pick up Course Management Services: Layout/mark both 5/8K courses per USATF certification or as agreed by Race Organizer Layout/mark Kids Fun Run course Race Organizer obligations. Race Organizer will assume the following obligations as it relates to Race Management/Timing Services by Running Ventures: • Recruit sponsors and volunteers o In lieu of volunteers, Running Ventures team member(s) can be provided at a rate of $45/hour • Ensure website developer and others have correct information • Procure the event t-shirts, design artwork and coordinate Logo Art contest • Other responsibilities as mutually agreed upon CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: VL3 Administration/Parks & Recreation July 28, 2023 TITLE OF ISSUE: Program/Event Cancellation Policy BACKGROUND AND SUPPLEMENTAL INFORMATION: This item was briefly discussed at the last meeting and requested to be placed on this agenda. Currently there is no written policy as to who cancels each individual event that the Committee is affiliated with (i.e. Skate Night, Music in the Park, Main Street Market, Movie in the Park, Fete des Lacs, etc.) The general rule has been that organizers of the event and the City Administrator have the authority to cancel the event. In certain incidents (Fete des Lass), the Centennial Lake Police Department/Centennial Fire Department recommendations are also taken into consideration or the authority is bestowed onto them. Similar authority/language is contained in all of the Park Facility/Special Event Permits. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Recommendation to direct staff to draft a policy or continue the current procedures. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley Other (specify) Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: Regular Other: CITY OF CENTERVILLE REQUEST Cle FOR COMMITTEE ACTION terviffe Estabhshed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: VIA Administration/Parks & Recreation July 28, 2023 TITLE OF ISSUE: AED BACKGROUND AND SUPPLEMENTAL INFORMATION: Please find the email contained in your packet regarding potential availability of an AED for park events/programs and housing at Laurie LaMotte Memorial Park. If the request is not fulfilled by the CLPD, alternative options are: Charitable Gambling funds Request for donation from Charitable Gambling Organization(s) that operate within the community and utilize our amenities COST AND SOURCE(S) OF FUNDING: Est. $2,000-$3,000 REQUESTED ACTION: Discussion and direction. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley Other (specify) Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: Regular Other: Teresa Bender From: Teresa Bender Sent: Friday, July 28, 2023 2:38 PM To: Jim Mork; Pat Aldrich Cc: Mark Statz Subject: AEDs Dear Chief & Pat: It has been brought to my attention that our Public Works Building AED was to be replaced by a grant that CFD received. However, they did not receive enough funding for all of their requests to facilitate this. It is my understanding that the CLPD received a grant and may or may not utilizing all of the AEDs that were either purchased with the funding or physical units received. May I place a request to the Department that for public use, we receive two of them, by donation by your Department, for our Public Works Department and Parks and Recreation Committee. The intent would be that training on the units be delivered by the CFD and I have spoken with Matt regarding. Also, the intent would be that the device be at events/programs and housed at LaMotte Park warming house inside for the winter months to prevent freezing. Please let me know. Thank you in advance for the consideration. Sincerely, Teresa CITY OF CENTERVILLE REQUEST FOR COMMITTEE ACTION 'e terville E.stab shed 1857 PARKS & RECREATION Agenda Item # Department: Requested Meeting Date: VLS Administration/Parks & Recreation July 28, 2023 TITLE OF ISSUE: Adult Cannabis Use Open Space/Parks BACKGROUND AND SUPPLEMENTAL INFORMATION: Contained in your packet is information regarding the new laws that are coming into effect. The City is attempting to be proactive while following other communities' leads. It would be appropriate for Committee to provide Council with a recommendation on adult use of cannabis within open spaces and parks. This may also be a good time to address whether the Committee may want to prohibit the use of tobacco within open spaces and parks or just parks. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Recommendation to Council to adopt into or Amend City Code to contain similar language contained in the Detroit Lakes Chapter 1100 Cannabis, Section 1101 Use of Cannabis in Public, and any additional language recommended by the City Attorney, regarding Adult Use of Cannabis within Open Spaces and Parks. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Aye Nay 0 Freiermuth Seeley F I Other (specify) p Peterson Errickson-Grahek 0 Akpan Refer to: Consent Tabled Until: Regular Other: LEGALIZATION OF ADULT -USE CANNABIS CENTERVILLE WORK SESSION — JULY 26, 2023 CDBITHC LOWER POTENCY EDIBLES - Moratorium expiring in October - Options o Let expire and do nothing (not advised) o Enact Ordinance ■ What the Ordinance covers • License Requirement • Responsibility of Licensee • Products that may be sold • Testing Requirements • Labeling Requirements • Additional Requirements • Prohibited Sales • Signage Requirements • Age Verification Requirements • Hours of Sales • Compliance Checks • Underage Person Prohibitions • Penalties; Revocation of Licenses ■ Impact of new Cannabis Laws • Cities may continue to license until Office of Cannabis Management (OCM) begins licensing. • Additional new limitations (should be inserted into City Ord.) NEW MARIJUNA LAWS - Possession, Use & Home Growth Legal as of 8/1/23 o Possession allowed: ■ Possess 2 ounces or less of cannabis flower in a public place. ■ Possess 2 pounds or less of cannabis flower in a person's residence. ■ Possess or transport 8 grams or less of adult -use cannabis concentrate. o Under 21 Possession ■ No Penalties in Statute • Cities may adopt Ordinance — Petty Misdemeanor o Use allowed: ■ In a private residence including the individual's curtilage or yard. ■ On private property, unless the owner of the property prohibits the use of the products. ■ On the premises of an establishment or event licensed to permit on -site consumption. o Smoking in public ■ City may adopt an Ordinance establishing a petty misdemeanor offense for use of cannabis in a public place other than those places identified above. ■ Detroit Lakes Ordinance - Manufacturing, Sales & Distribution o Not allowed until 1/l/25 o Requires License from the State o City's rights & obligations ■ May not prohibit a cannabis business licensed by the state. • May implement time, place, manner restrictions. • May prohibit businesses within 1,000 feet of a school, 500 feet of a daycare, residential treatment facility or public park regularly used by minors. ■ Minimum of 1 retailer license per population of 12,500 • Cities can be retailers and sell these products. Employee Use o Much larger topic — more to come. c M L CD U N }' 'a O N I- •� -� O M CV O � = Lo O N N p ' - N (U Q O a) = N N N r ca cu O O N c0 N N •� O O � cn 0 0 O N .N +, N U � -0 N N O to o O •� co = N N-0 •� N O 0 U 42, {p t!1 •� o N CL U C CU CL M N C: N N Q CL N CU m t6 M ca ',� M U v� co N N N N M C) .M cn (a CL .C: E N N Q AL � A 4 � � 2 — k to 7 2 / c ° •- — U g e U 2 E E o� k § > ' •- c M 0 2 M ` % cc ©� o ■ 2 ± § o � B rCL n E C;) a k E'Fn w o U g 2 m-j 2 2 § k / R t § � � 2 2 cu w ■ qg@ t � \ 2 � N P�iC?', rat � r1�rz . ex lu d 75 L) 4-- O N o U N O E O L (D O X A\ L U L L M +� � U Q w. V) 0 O N N N .Q C L U c M O cc CU N cn ., z U m N Caj O O N ( (.5 (10L) N U co O N y=.All v U 0)V`cn� (L L-) ��+, U) U o o W O N U U 4-- N N E -a N cu0Z L A m a) Q CA U cu c Co c •� � Qo Q � 6 IN L E W L F U F -a O O .E 0 o L co CD 4— O � cQ Co N Co M aCD Co o E co UV! L Al Q .c O L- O N E a) .E Ln a) a U U � 1 E a) m U cu .0 .C- co O cn cr O .cr a) a L CL N .m cn cn vi �a o U co C/) O U � L _ Q •� M U � 0-0 � C — cn mMn O •5 � •O co ate+ U c LLJ E Q C: co _0 O a) U 0 06 v+ O O c: -0 ■ a) � E C: O m _L CL � •E O N co Lo- co o ca 0�: 0 Q G? MO . PROHIBITION AGAINST PUBLIC USE Proposed new Detroit Lakes City Code Section 1101 Chapter 1100 Cannabis Section 1101 Use of Cannabis in Public. Subd. 1 It is unlawful to use cannabis flower, cannabis products, lower -potency hemp edibles and hemp -derived consumer products, as defined in Minn. Stat. Section 342.01, in public places anywhere in the City. Subd. 2 As used in this Section, public places include all areas contained within the City boundaries, except the following: A. Private residences, including the curtilage and yard; and B. Private property not generally accessible by the public, unless a person is explicitly prohibited from consuming cannabis flower, cannabis products, lower -potency hemp edibles or hemp -derived consumer products on the property by the owner of the property; and C. The premises of an establishment or event licensed to permit on - site consumption of cannabis flower, cannabis products, lower -potency hemp edibles or hemp -derived consumer products. Subd. 3 Violation of this Section is a petty misdemeanor as defined by Minnesota law. This Section may be enforced by the City of Detroit Lakes Administrative Penalty Procedure, City Code Section 214. CHAPTER 91: HEALTH AND SAFETY; NUISANCES Section General Provisions 91.01 Purpose 91.02 Definitions 91.03 Public nuisances prohibited 91.04 Public nuisances affecting health 91.05 Public nuisances affecting morals and decency 91.06 Public nuisances affecting peace and safety 91.07 Enforcement 91.08 Abatement 91.09 Prohibited noise 91.10 Targeted Residential Picketing Open Burning 91.20 Purpose 91.21 Definitions 91.22 Prohibited materials 91.23 Permit required 91.24 Purposes allowed 91.25 Permit application; permit fees 91.26 Permit process 91.27 Permit holder responsibility 91.28 Revocation of open burning permit 91.29 Denial of open burning permit 91.30 Burning ban or air quality alert 91.31 Rules adopted by reference Cleanup of Clandestine Drug Lab and Chemical Dump Sites 91.45 General provisions 91.46 Definitions 91.47 Declaration as public health nuisance 91.48 Law enforcement action 91.49 Seizure of property 91.50 Action by Building Official or designee 91.51 Site owner's responsibility to act 91.52 Site owner's responsibility for costs 91.53 City action and recovery of costs 91.54 Recovery of costs from persons causing damage 841 Page 91.55 Site owner and address 91.56 Suspension of residential rental certification 91.57 Unauthorized removal of postings 91.58 Entry into or onto site 91.59 Removal of personal property from the site 91.60 City Council review/right to appeal 91.99 Penalty GENERAL PROVISIONS § 91.01 PURPOSE. It is the policy of the City of Centerville to ensure the continued health, safety, comfort and repose of the public, the elimination and abatement of all nuisances within the city. A nuisance, as provided in this chapter, means a thing, act or use of property that annoys, injures or endangers the health, safety, comfort or welfare of the public; offends public decency; depreciates the value of the property of the inhabitants of the city; interferes with the use of or obstructs or tends to obstruct a lake, stream, navigable water, park, sidewalk, street or public way; or in any manner renders the in habitants of the city insecure in life or use of property. The City Council finds it shall be the duty of the Office of the City Administrator or its designees to enforce the provisions of this chapter and to bring about enforcement of violations or lack of compliance with this chapter. § 91.02 DEFINITIONS. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ASPHALT -BASED SEALER. A petroleum -based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR. A byproduct of the process used to refine coal. ENFORCEMENT OFFICIAL. The Police Department, Zoning Administrator, Building Official, City Administrator, Public Works Director, Fire Marshal, any licensed peace officer or authorized designee of the City Council. NOTICE TO REMOVE. The notice served on a property owner by the City Council or designated city official, advising the property owner of a code violation and ordering correction of the violation. PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease. PUBLICNUISANCE. A thing, act, occupation or use of property which shall: 85 1 Page (1) Annoy, injure or endanger the safety, health, comfort or repose of the public; (2) Offend public decency; (3) Unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley or highway; (4) In any way render the public insecure in life or in use of property; or (5) Any other act or omission declared by law or Minnesota Statues, or any other part of this code to be a public nuisance. UNDILUTED COAL TAR BASED SEALER. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. Ord. 2d 934, adopted 0412812010 § 91.03 PUBLIC NUISANCES PROHIBITED. It is unlawful for any person, by his or her act, or intentional failure to perform a legal duty, that creates or maintains a public nuisance on any premises the person owns or controls within the city. Penalty, see § 91.99 § 91.04 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) Carcasses of animals not buried or destroyed within 24 hours after death; (D)Accumulations of manure, rubbish, refuse or debris; (E) Privy vaults, garbage (except in authorized containers), garbage cans which are not rodent free and fly -tight or which are so maintained to constitute a health hazard or to emit foul and disagreeable odors; (F) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, industrial wastes or other substances, or any illicit discharge as set forth in subsection 51.24; 86 1 Page (G)A11 noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in Minnesota Rules, as may be amended from time to time, located on public or private property. The terms WEEDS and RANK VEGETATION includes, but is not limited to, the following: (1) Noxious weeds and rank vegetation shall include but not be limited to: alum (alliums), Buckthorn, Bur Cucumber, Canada Thistle, Comcockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile -A -Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip; (2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; (3) Bushes of the species of tall, common, or European barberry, further known as Berberis vulgaris or its horticultural varieties; (4) Any grass, weeds or plants, other than trees, bushes, flowers or other ornamental plants, growing to a height exceeding eight inches; (5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants; and (6) The term WEEDS does not include shrubs, trees, cultivated plants or crops. (H)All public exposure of persons having a contagious disease; (I) The emission of dense smoke, gas and soot, dust or cinders, and other noxious and offensive fumes, in the quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities; (J) Feces left by any domestic pet on public property or the property of another. The owner or person having the custody or control of the animal shall be responsible for immediately cleaning up any feces of the animal and disposing of the feces in a sanitary manner; and (K)All other acts, omissions of acts, occupations and uses of property which are deemed by the city to be a menace to the health of the inhabitants of the city or any considerable number thereof. Penalty, see § 91.99 Ord. 2d 955, amended 0310112012, Ord. 2d 9110, amended 1111312020 § 91.05 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: 87 1 Page (A)All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in those occupations; (C) All houses kept for the purpose of prostitution or illegal sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D)All places where intoxicating liquor or controlled substance are manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or consuming controlled substances or where intoxicating liquor or controlled substances are kept for sale or other disposition in violation of law, and all liquor, controlled substances, and other property used for maintaining that place; and (E) Any vehicle used for the unlawful transportation of intoxicating liquor, controlled substance, drug paraphernalia containing any amount of residue from a controlled substance or non- prescription drugs, or for public or illegal sexual intercourse, or any other illegal purpose. Penalty, see § 91.99 Ord. 2d #25, amended 1211012008 § 91.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A)All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D)All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to time which are hereby incorporated by reference into this code; (E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all -terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all applicable state laws and regulations; (F) The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound .. - in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section; (G) The participation in a parry or gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property; (H) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law; (I) Radio aerials or television antennae erected or maintained in a dangerous manner; (J) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (K)All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (L) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (M) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (N)All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (0) Waste water cast upon or permitted to flow upon streets or other public properties; (P) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation; (Q)Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coining on the premises where it is located; (R) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (S) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance; 89 1 Page (T) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (U)All other conditions or things which are likely to cause injury to the person or property of anyone; (V)Diseased or dangerous conditions of trees as follows: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh); (2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum; (4) Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a hazard, and including but not limited to logs, branches, stumps, roots or oak tree material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5) Any other shade tree with an epidemic disease; and (6) It is unlawful to transport bark -bearing elm wood in or through the city without securing a permit therefore from the City Administrator. (W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement response within a 30-day period; and (X) To park or store any unlicensed, unregistered or inoperable motor vehicle parts or components thereof, on any property, public or private, unless housed within a lawfully erected building except in a commercial zone where the use is specifically regulated by a conditional use permit. (Y)Use of Undiluted Coal Tar Sealers Prohibited (This prohibition shall not affect the use of asphalt -based sealer products within the City.) (1) No person shall apply any undiluted coal tar -based sealer to any driveway, parking lot, or other surface within the City of Centerville (2) No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar -based sealer to any driveway, parking lot, or other surface within the City. (3) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar -based sealer to any driveway, parking lot, or other surface within the City. 90 1 Page Ord. 2d 934, adopted 0412812010, Ord. 2d 957, amended 0510912012 Penalty, see § 91.99 § 91.07 ENFORCEMENT. (A) (1) The Enforcement Official shall enforce the provisions relating to nuisances. (2) The enforcement official shall have the authority to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. (3) Except in emergency situations of imminent danger to human life and safety, or when the owner, resident or other person in control of the property has granted permission, or when a violation can be seen without entering the property, the Enforcement Official shall obtain an administrative search warrant to enter private property. (B) The Enforcement Official may commence enforcement action by citation, complaint or civil proceeding. § 91.08 ABATEMENT. (A)Notice to remove. (1) When there exists on private property a condition which is in violation of this chapter, a notice to remove the offensive matter shall be served by the City Council or its agent upon the owner, agent or occupant. (2) The notice may be served personally or may be served by mail. In all cases where the owner is not in the city or cannot be found therein, then notice shall be sent to the last known address. (3) The notice shall describe the matter to be removed and require the removal thereof within 10 days, including Saturdays, Sundays and holidays. (B)Failure to remove. If, at the end of the ten days following service of a notice to remove, the nuisance has not been terminated or abated, the city shall cause removal and disposition. The person in violation may, within the ten days following service, file a written appeal disputing the violation or requesting additional time to comply with the notice to remove. Appeals will be placed on the next available agenda of the City Council for its consideration. (C) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. 91 1 Page (D)Recovery of costs. In instances where any nuisances are abated by city action pursuant to this chapter, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, including administrative charges together with interest thereon at the lawful rate permitted under M.S. Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or certified by lien as provided in M.S. § 514.67. § 91.09 PROHIBITED NOISE. (A) Prohibitions. The City Council finds within the city, certain loud, avoidable, unnatural and unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the environment of the city and the city has a substantial and, in some situations, compelling interest in controlling this noise. (1) General prohibition. (a) No person shall make or cause to be made any distinctly and loudly audible, continuous, objectionable noise due to intermittence, frequency, beat, shrillness or intensity that annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes his or her enjoyment of property or affects the property's value. (b) This general prohibition is not limited by the specific restriction of the following divisions. (2) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all state laws and regulations. (3) Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. (4) Radios, phonographs, paging systems and the like. (a) No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner. (b) Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible 50 feet from outside the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 150 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. (c) These measurements and decibel readings will be taken per this section. 92 1 Page (5) Participation in noisy parties or gathering. (a) No person shall participate in any parry or other gathering of people giving rise to continuous noise, disturbing the peace, quiet or repose of another person. (b) When a police officer determines that a gathering is creating a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. (6) Loudspeakers, amplifiers for advertising and the like. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. (7) Animals. Habitual barking or crying of animals as set forth in Chapter 90. (B) Hourly restriction on certain operations. (1) Recreational vehicles. Except as specifically authorized by the city, no person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any mini-bike/dirt bike, snowmobile or any other recreational vehicle not licensed for travel on public highways. (2) Domestic power equipment. No person shall operate a power lawn mower, hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment between the hours of 10:00 p.m. and 7:00 a.m. Snow removal equipment is exempt from this provision. (3) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district between the hours of 10:00 p.m. and 7:00 a.m. (4) Construction activities. No person shall engage in or permit construction activities involving the use of hammers or the use of any kind of air-, electric-, diesel- or gas -powered machine or other power equipment between the hours of 10:00 p.m. and 7:00 a.m. (C) Enforcement. (1) Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration, or project that may be considered a potential noise source to submit a noise impact statement. It shall evaluate each statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (2) Noise level table. (a) The duration of sound hours will follow daylight savings time for both residential and commercial/industrial districts. 93 1 Page (b) From the first Sunday in April through the third Saturday of October the hours will be from 7:00 a.m. to 10:00 p.m. and all other dates will adhere to the hours of 7:00 a.m. to 9:00 P.M. SOUND LEVELS Duration of Sound/District Daylight Hours: 7:00 a.m. - 9:00/10:00 p.m. Overnight Hours: 9:00/10:00 p.m. - 7:00 a.m. Residential/Mixed Use: Less than 10 minutes 80db 70db Less than 2 hours 75db 65db More than 2 hours 70db 65db Commercial/Industrial: Less than 10 minutes 85db 75db Less than 2 hours 80db 70db More than 2 hours 75db 70db NOTES TO TABLE: The limits of the most restrictive district shall apply at the boundaries between different land use designations and Mixed Use categories. The determination of land use shall be by its zoning designation. (3) Sounds exempt from noise level requirements. Sounds emanating from the operation of motor vehicles on public highways, aircraft and outdoor implements such as power lawnmowers, snow blowers, power hedge clippers, power saws, pile drivers, jackhammers and other construction equipment are exempt from the sound level requirements but shall observe the time restriction provisions of this division. (4) Exceptions for special events. The City Council shall have the authority, consistent with this section, to grant exceptions from the requirements of any division of this section for special events. Any person seeking an exception shall file an application at City Hall with the Administrator or his or her designee on a form prescribed by the city. The application shall state the dates during which the application is proposed, the location of the noise source and time of operation, the nature of the noise source, reasons why the exception is sought, steps taken to minimize the noise level and other information as is required by the city. (a) The city shall, within 30 days from the receipt of the application, approve or deny the application. The application will be presented to the City Council for consideration and may be approved only if the City Council finds that full compliance with the requirements of this section would constitute an unreasonable hardship on the applicant, on other persons or on the community. In determining whether to grant or deny the 941 Page application, the City Council shall balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance. The variance may be granted subject to conditions, including a time limit, which shall be clearly stated. (b) If the city finds that sufficient controversy exists regarding the proposed exception to the provisions of this section, a public hearing will be held on the proposed application at which all persons affected shall be given an opportunity to be heard. (5) Exception for emergency work. Noise created exclusively in the performance of emergency work to preserve the public health, safety or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this section for a period not to exceed 24 hours after the work is commenced. Persons responsible for the work shall inform the Police Department, Building Inspector and City Administrator of the need to initiate the work or, if the work is commenced during non - business hours of the city, at the beginning of business hours of the first business day thereafter. Any person responsible for this emergency work shall take all reasonable actions to minimize the amount of noise. Penalty, see § 91.99 Ord. #49, adopted 0111011990, Ord. amended 0512212002, Ord. amended 1211012003, Ord. 2d 925, amended 1211012008 § 91.10 TARGETED RESIDENTIAL PICKETING (A)Definitions. For the purpose of this section, the term "targeted residential picketing" means: (1) Marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building; or (2) Marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located; or (3) Standing, marching, patrolling or picketing by one or more persons focused in front of or adjacent to a particular residential dwelling without the consent of that dwelling's occupants. (B) Purpose. The city has an interest in the protection of residential privacy, the wellbeing and tranquility of the home, and protecting citizens from unwanted speech when they are a captive audience within their homes. The city council finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedoms of speech and expression. (C) Prohibited Activity. No person shall engage in targeted residential picketing within the City. 95 1 Page (D) Violation /Penalty. Every person convicted of a violation of any provision of this Ordinance shall be guilty of a misdemeanor. (E) Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. Ord. #112, adopted 0212412021 OPEN BURNING § 91.20 PURPOSE. The purpose of this subchapter is to establish permitted categories of open burn events for residences and farms within the city and provide for a permitting process for residential and agricultural open burning, except when the open burning is defined as a recreational fire as prescribed in this subchapter. Ord. 936A, adopted 0811011994 § 91.21 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIRE CHIEF, FIRE MARSHAL and ASSISTANT FIRE MARSHALS. The Fire Chief, Fire Marshal and Assistant Fire Marshals of the Centennial Fire District which provides fire protection services to the city through a joint powers agreement. OPENBURNING. The burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct or chimney, except a recreational fire as defined herein. RECREATIONAL FIRE. A fire set with approved starter fuel no more than three feet in height, contained within the border of a recreational fire site using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans and air quality so that nuisance, health or safety hazards will not be created. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as RECREATIONAL FIRES. No more than one RECREATIONAL FIRE is allowed on any property at one time. RECREATIONAL FIRE SITE. An area of no more than a three-foot diameter circle (measured from the inside of the fire ring or border); completely surrounded by noncombustible and nonsmoke- 96 1 Page producing or odor -producing material, either of natural rock, cement, brick, tile or blocks or ferrous metal only, and which area is depressed below ground, on the ground or on a raised bed. Included are permanent outdoor wood -burning fireplaces. Burning barrels are not a RECREATIONAL FIRE SITE as defined herein. RECREATIONAL FIRE SITES shall not be located closer than 25 feet to any structure. STARTER FUELS. (A)Dry, untreated, unpainted kindling, branches, cardboard or charcoal fire starter. (B) Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. (C) Propane gas torches or other clean gas -burning devices causing minimal pollution must be used to start an open burn. WOOD. (A)Dry, clean fuel only such as twigs, branches, limbs, "presto logs," charcoal, cord wood or untreated dimensional lumber. (B) The term does not include wood that is green with leaves or treated with paint, glue or preservatives. (C) Clean pallets may be used for recreational fires when cut into three-foot lengths. Ord. 936A, adopted 0811011994 § 91.22 PROHIBITED MATERIALS. (A)No person shall conduct, cause or permit open burning of oils, petro fuels, rubber, plastics, chemically treated materials or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint or paint fillers. (B) No person shall conduct, cause or permit open burning of hazardous waste or salvage operations, open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition of commercial or institutional structures. (C) No person shall conduct, cause or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food. (D)No person shall conduct, cause or permit open burning of any leaves or grass clippings. Penalty, see § 91.99 97 1 Page Ord. #36A, adopted 0811011994 § 91.23 PERMIT REQUIRED. No person shall start or allow any open burning on any property in the city without first having obtained an open burn permit, except that a permit is not required for any fire which is a recreational fire as defined in this chapter. Penalty, see § 91.99 Ord. 936A, adopted 0811011994 § 91.24 PURPOSES ALLOWED. (A) Open burn permits may be issued only for the following purposes: (1) Elimination of fire of health hazard that cannot be abated by other practical means; (2) Ground thawing for utility repair and construction; (3) Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights -of -way where chipping, composting, land spreading or other alternative methods are not practical; (4) Disposal of diseased trees generated on -site, diseased or infected nursery stock, diseased bee hives; and (5) Disposal of unpainted, untreated, nonglued lumber and wood shakes generated from construction, where recycling, reuse, removal or other alternative disposal methods are not practical. (B) Fire training permits can only be issued by the Minnesota Department of Natural Resources. Penalty, see § 91.99 Ord. #36A, adopted 0811011994 § 91.25 PERMIT APPLICATION; PERMIT FEES. (A) Open burning permits shall be obtained by making application on a form prescribed by the Department of Natural Resources (DNR) and adopted by the Centennial Fire District. The permit application shall be presented to the Fire Chief, Fire Marshal and Assistant Fire Marshals for reviewing and processing the applications. 98 1 Page (B) An open burning permit shall require a fee. Permit fees shall be set annually by City Council resolution. However, the City Council may at other times amend its resolution setting the fee as it deems necessary. The fee established by City Council resolution shall continue to be the required fee until amended by a resolution. Penalty, see § 91.99 Ord. 936A, adopted 0811011994 § 91.26 PERMIT PROCESS. Upon receipt of the completed open burning permit application and permit fee, the Fire Chief, Fire Marshal or Assistant Fire Marshals shall schedule a preliminary site inspection to locate the proposed burn site, note special conditions, and set dates and time of permitted burn and review fire safety considerations. Ord. #36A, adopted 0811011994 § 91.27 PERMIT HOLDER RESPONSIBILITY. (A)Prior to starting an open burn, the permit holder shall be responsible for confirming that no burning ban or air quality alert is in effect. Every open burn event shall be constantly attended by the permit holder or his or her competent representative. The open burning site shall have available, appropriate communication and fire suppression equipment as set out in the fire safety plan. (B) (1) The open burn fire shall be completely extinguished before the permit holder or his or her representative leaves the site. (2) No fire may be allowed to smolder with no person present. (3) It is the responsibility of the permit holder to have a valid permit, as required by this subchapter, available for inspection on the site by the Police Department, Centennial Fire District, MPCA representative or DNR forest officer. (C) (1) The permit holder is responsible for compliance and implementation of all general conditions, special conditions, and the burn event safety plan as established in the permit issued. (2) The permit holder shall be responsible for all costs incurred as a result of the burn, including but not limited to fire suppression and administrative fees. Penalty, see § 91.99 Ord. 936A, adopted 0811011994 99 1 Page § 91.28 REVOCATION OF OPEN BURNING PERNHT. (A) The open burning permit is subject to revocation at the discretion of DNR forest officer, the Fire Chief, Fire Marshal, or Assistant Fire Marshals. (B) Reasons for revocation include but are not limited to a fire hazard existing or developing during the course of the burn, any of the conditions of the permit being violated during the course of the burn, pollution or nuisance conditions developing during the course of the burn, or a fire smoldering with no flame present. Penalty, see § 91.99 Ord. 936A, adopted 0811011994 § 91.29 DENIAL OF OPEN BURNING PERMIT. If established criteria for the issuance of an open burning permit are not met during review of the application, it is determined that a practical alternative method for disposal of the material exists, or a pollution or nuisance condition would result, or if a burn event safety plan cannot be drafted to the satisfaction of the Fire Chief, Fire Marshal or Assistant Fire Marshals, these officers may deny the application for the open burn permit. Ord. 936A, adopted 0811011994 § 91.30 BURNING BAN OR AIR QUALITY ALERT. No recreational fire or open burn will be permitted when the city or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an air quality alert. Penalty, see § 91.99 Ord. #36A, adopted 0811011994 § 91.31 RULES ADOPTED BY REFERENCE. The provisions of M.S. §§ 88.16 to 88.22, as amended, and the Minnesota Uniform Fire Code are hereby adopted by reference and made a part of this subchapter as if fully set forth at this point. Ord. 936A, adopted 0811011994 CLEANUP OF CLANDESTINE DRUG LAB AND CHENHCAL DUMP SITES 1001 Page § 91.45 GENERAL PROVISIONS. (A)Purpose and intent. The purpose of this subchapter is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dump site may exist. Professional reports, based on assessments, testing and investigations, show that chemicals used in the production of illicit drugs can condense, penetrate and contaminate surfaces, furnishings and equipment of surrounding structures. The City Council finds that these sites, and the personal property within the sites, may contain suspected chemicals and residues that place people, particularly children or adults of childbearing age, at risk when exposed through inhabiting or visiting the site or using or being exposed to contaminated personal property. (B) Interpretation and application. (1) In the interpretation and application of this subchapter, the provisions herein shall be construed to protect the public health, safety and welfare. (2) Where the conditions imposed by any provision of this subchapter are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, statute or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. (C)Fees. Fees for the administration of this subchapter may be established and amended periodically by resolution of the City Council. Ord. #77, adopted 1211012003 § 91.46 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CHEMICAL DUMP SITE. Any place or area where chemicals or other waste materials used in a clandestine drub lab operation have been located. CHILD. Any person less than 18 years of age. CITY. The City of Centerville. CLANDESTINE DRUG LAB OPERATION. The unlawful manufacture or attempt to manufacture a controlled substance. CLANDESTINE DRUG LAB SITESIRASTES/SUBSTANCES. 101 1 Page (1) Any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. (2) A CLANDESTINE DRUG LAB SITE may include dwellings, accessory buildings, accessory structures, a chemical dumpsite, any land or personal property which may include vehicle(s), boat(s), trailer(s) and the like. (3) WASTES generated from a clandestine drug lab shall be treated, stored, transported or disposed of in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control and Anoka County Health Department rules and regulations. CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor in M.S. § 152.02 Schedules I through V, as amended, together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. MANUFACTURE (in places other than a pharmacy). Means and includes the production, cultivation, quality control and standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labeling, relabeling or filling or by other process of drugs. OWNER. Any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump site. PUBLIC HEALTH NUISANCE. All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance pursuant to M.S. §§ 463.15 et seq.; 463.15 et seq.; 412.221 et seq.; and 145A.01 et seq., as they may be amended from time to time. Ord. #77, adopted 1211012003 § 91.47 DECLARATION AS PUBLIC HEALTH NUISANCE. All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent property or other locations associated with a clandestine drug lab site or chemical dump site are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance pursuant to M.S. §§ 463.15 et seq.; 463.15 et seq.; 412.221 et seq.; and 145A.01 et seq., as they may be amended from time to time. Penalty, see § 91.99 Ord. #77, adopted 12/10/2003 § 91.48 LAW ENFORCEMENT ACTION. (A)If law enforcement authorities determine the existence of a clandestine drug lab site or chemical dump site, the site and all personal property therein shall be declared a public health nuisance. 1021 Page (B) Law enforcement authorities who identify conditions associated with a clandestine drug lab site or chemical dumpsite which may place neighbors, the visiting public or present and future occupants of the site at risk for exposure to harmful contaminants and other associated conditions are authorized to take the following action: (1) Promptly notify the State Duty Officer, Chemical Assessment Team (CAT), crime lab, City Building Official or designee, child protection, public health authorities and the appropriate enforcement division of the drug enforcement administration of the U.S. Justice Department of the location of the site, local law enforcement officials, and the owner if known, of the conditions found; (2) Treat, store, transport or dispose of all wastes/substances generated from a clandestine drug lab operation found at the site in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control and Anoka County Health Department rules and regulations; (3) Public Health Officials may issue a temporary declaration of public health nuisance for the affected site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land, post the declaration in several conspicuous places on the property. This temporary declaration of public health nuisance shall expire subsequent to the same authority and the City Building Official or designee inspecting the site and determining the appropriateness of issuing a permanent declaration of public health nuisance; (4) The Chemical Assessment Team (CAT) and crime lab will notify all persons occupying the site that a temporary declaration of public health nuisance has been issued; (5) Require all persons occupying the site to immediately vacate the site, remove all pets from the site, and not return without written authorization from the City Building Official or designee; (6) Notify all occupants vacating the site that all personal property at the site may be contaminated with dangerous chemical residue; and (7) Public Health Official or City Building Official or designee may put locks on each doorway entrance to the site to prohibit people from entering the site without authorization after all occupants of the site have vacated. (C) The obligation to promptly notify the persons and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised. Ord. #77, adopted 1211012003 § 91.49 SEIZURE OF PROPERTY. When the clandestine drug lab site or chemical dump site is inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities, upon the direction of the Duty Officer, Chemical 103 1 Page Assessment Team (CAT) and crime lab, shall immediately seize it and not allow it to be transported except to a more secure location. In those circumstances, all other requirements of this subchapter shall be followed as closely as possible given the specific type of property in which the site is discovered. Ord. 977, adopted 1211012003 § 91.50 ACTION BY BUILDING OFFICIAL OR DESIGNEE. (A)Inspection and declaration ofnuisance. Within 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site or chemical dump site, the City Building Official or designee shall inspect the site to determine the appropriate scope of a permanent declaration of public health nuisance. Based on the results of the inspection, the City Building Official or designee may then promptly issue a permanent declaration of public health nuisance and a "Do Not Enter —Unsafe to Occupy" order for the affected site to replace the temporary declaration issued and posted by law enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to the site or, in the case of bare land, shall be posted in several conspicuous places on the property. (B) Abatement order. After a permanent declaration of public health nuisance has been issued and posted, the City Building Official or designee shall send written notice to the site owner ordering abatement of the public health nuisance. The abatement order shall include the following information: (1) A copy of the declaration of public health nuisance and "Do Not Enter —Unsafe to Occupy" order; (2) Information about the potentially hazardous condition of the site; (3) Notification of suspension of the site's rental license, if applicable; (4) A summary of the site owner's and occupant's responsibilities under this subchapter; and (5) Information that may help the owner locate appropriate services necessary to abate the public health nuisance. (C) Notice to concerned parties. The Building Official or designee shall also mail a copy of the permanent declaration of public health nuisance, a copy of this subchapter, and a notification of the suspension of the site's rental licensees, if applicable, to the following concerned parties at their last known address: (1) Occupants or residents of the site if the identities of those persons are known; (2) Neighbors in proximity to the site who may be reasonably affected by the conditions found; (3) The City Administrator; (4) The Community Development Director; (5) The City Police Department; 1041 Page (6) The City Fire Department; (7) The appropriate enforcement division of the Drug Enforcement Administration of the U.S. Justice Department; and (8) Other city, state and local authorities, such as the City Water Department, the Minnesota Pollution Control Agency, the Department of Natural Resources and any other agency or authority which is known to have public and protection responsibilities that are applicable to the situation. (D)Modification or removal of declaration. The City Building Official or designee is authorized to modify or remove the declaration of public health nuisance after the Building Official or designee receives documentation from a city -approved environmental hazard testing and cleaning firm, stating that the suspected health and safety risks, including those of neighbors and potential dwelling occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration. Ord. #77, adopted 1211012003 § 91.51 SITE OWNER'S RESPONSIBILITY TO ACT. (A) Within ten business days of the date the abatement order is mailed to the owner of the site, the owner shall accomplish the following: (1) Provide the City Building Official or designee, City Administrator and City Attorney with written notification: (a) That the owner has confirmed that all persons and their pets have vacated the site; (b) Of the name(s) of all children who the owner believes were residing at the site during the time period the clandestine drug lab or chemical dump site is suspected to have been at the site; and (c) That the site will remain vacated and secured until the public health nuisance is completely abated as required by this subchapter. (2) Contract with one or more city -approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current Minnesota Department of Health guidelines: (a) A detailed on -site assessment of the extent of contamination at the site and the contamination of the personal property therein; 105 1 Page (b) Soil testing of the site and testing of all property and soil in proximity to the site which the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site; (c) A complete cleanup of the site (including but not limited to the cleanup or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and complete cleanup of the demolished site; (d) A complete cleanup, or disposal at an approved dump site, of all personal property in the site; (e) A complete cleanup of all property and soil in proximity to the site which is found to have been affected by the conditions found at the site; and (f) Remediation testing and follow-up testing, including but not limited to testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to Minnesota Department of Health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein and of all property and soil in proximity to the site. (3) Provide the City Building Official or designee with the identity of the testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as required above; and (4) Sign an agreement with the City Building Official or designee establishing a cleanup schedule. The schedule shall establish reasonable deadlines for completing all actions required by this subchapter for abatement of the public health nuisance. In determining appropriate deadlines, the City Building Official or designee shall consider practical limitations and the availability of contractors in approving the schedule for cleanup. (B) The site owner must meet all deadlines established on the cleanup schedule. Also, pursuant to the deadlines established by the cleanup schedule, the site owner is required to provide the City Building Official or designee with written documentation of the cleanup process, including a signed statement from a city -approved environmental hazard testing and cleaning firm that the site, all personal property therein and all property and soil in proximity to the site, is safe for human occupancy and use and that the cleanup was conducted in accordance with the most current Minnesota Department of Health guidelines. Penalty, see § 91.99 Ord. #77, adopted 1211012003 § 91.52 SITE OWNER'S RESPONSIBILITY FOR COSTS. 1061 Page (A) The site owner shall be responsible for all costs, including those of the city, of dealing with and abating the public health nuisance, including contractor's fees and the city's costs for services performed in association with the clandestine drug lab site or chemical dump site cleanup. (B) The city's cost may also include but shall not be limited to: (1) Posting of the site; (2) Notification of affected parties; (3) Securing the site, providing limited access to the site and prosecution of unauthorized persons found at the site; (4) related to the recovery of costs, including the assessment process; (5) Laboratory fees; (6) Clean up services; (7) Administrative fees; (8) Legal fees; and (9) Other associated costs. Penalty, see § 91.99 Ord. 977, adopted 1211012003 § 91.53 CITY ACTION AND RECOVERY OF COSTS. (A) (1) If the building owner fails to comply with any of the requirements of this subchapter, the City Building Official or designee is authorized to take all reasonable actions necessary to abate the public health nuisance, including but not limited to contracting with a city - approved environmental hazard testing and cleaning firm to conduct the work outlined in § 91.51. (2) (a) The Building Official or designee is also authorized to provide a certified copy of the declaration of public health nuisance to the lien and/or mortgage holder(s), insurance company(ies) and the office of the Anoka County Recorder or Registrar of Titles of the affected site to help assure that persons with interest in the site have access to information about the declaration of public health nuisance. (b) Upon abatement of the nuisance as required herein, the Building Official or designee shall cause a notice of successful abatement and removal of the declaration of public health nuisance. 1071 Page (B) (1) If the costs to clean the site or to clean the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the city is authorized to remove or demolish the site, structure or building and/or dispose of the personal property therein. (2) These actions shall be taken in accordance with the provisions of M.S. Chapter 463, as amended, together with any amendments or modifications thereto. (C) (1) If the city abates or assists in abating the public health nuisance, in addition to any other legal remedy, the city shall be entitled to recover all of its out-of-pocket costs as set forth in this chapter, and an additional 25 percent of the costs for administrative and legal expenses. (2) The city may recover costs by civil action against the owner of the site or by assessing the costs as a special charge against the site as taxes and special assessments are certified and collected pursuant to M.S. § 429.101 or according to the provisions of M.S. Chapter 463, as amended, together with any amendments or modifications thereto. (D)Nothing herein shall limit the authority of the city to enforce this subchapter or seek any other legal remedy to abate the nuisance through declaratory action, injunction and nuisance declaration or otherwise. Ord. 977, adopted 1211012003 § 91.54 RECOVERY OF COSTS FROM PERSONS CAUSING DAMAGE. No provisions of this subchapter are intended to limit the site owner's, residents' or the city's right to recover costs incurred under this subchapter from either the persons contributing to the public health nuisance, such as the operators of the clandestine drug lab and/or from other lawful sources. Ord. 977, adopted 1211012003 § 91.55 SITE OWNER AND ADDRESS. (A) When the site is real property and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the County Auditor's office. (B) When the site is a vehicle, boat or trailer and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the person on file as the owner on the current or most recent title to the vehicle, boat or trailer. Ord. 977, adopted 1211012003 108 1 Page § 91.56 SUSPENSION OF RESIDENTIAL RENTAL CERTIFICATION. Upon issuance of a permanent declaration of public health nuisance, any residential rental certificate or license issued by the city for the site, or any part thereof, is hereby declared to be immediately suspended pending full compliance with this subchapter. Ord. #77, adopted 1211012003 § 91.57 UNAUTHORIZED REMOVAL OF POSTINGS. It is unlawful for any person, except authorized city personnel or Public Health Officials, to remove postings designating a temporary or permanent declaration of public health nuisance and/or "Do Not Enter — Unsafe to Occupy" order from a chemical dump site or a clandestine drug lab site. Penalty, see § 91.99 Ord. #77, adopted 1211012003 § 91.58 ENTRY INTO OR ONTO SITE. (A) While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no persons are permitted to be inside the site, or on the site property without prior written consent of the City Building Official or designee or as otherwise authorized by this subchapter. (B) To confirm compliance with this subchapter and to execute their duties under this subchapter, law enforcement officers, the City Building Official or designee, and any persons designated by the Building Official or designee may enter onto the site property or enter into the site at any time while a declaration of public health nuisance is in effect for the site. Penalty, see § 91.99 Ord. #77, adopted 1211012003 § 91.59 REMOVAL OF PERSONAL PROPERTY FROM THE SITE. (A) While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no personal property may be removed from the site without prior written consent from the City Building Official or designee. (B) Consent to remove personal property shall only be granted at the reasonable discretion of the Building Official or designee, and only in cases of hardship after: 1091 Page (1) A city -approved environmental hazard testing and cleaning firm has advised the city, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and (2) The owner of the personal property agrees in writing: (a) That the owner is aware of the danger of using the contaminated property; (b) That the owner will thoroughly clean the property to remove all contamination prior to the use of the property; and (c) That the owner releases and agrees to indemnify the city, its staff and the City Council from all liability to the owner and/or third persons for injuries or damages caused, or alleged to have been caused, by the contaminated property Ord. 977, adopted 1211012003 § 91.60 CITY COUNCIL REVIEW/RIGHT TO APPEAL. The owner of the property or any party with a legal interest in the property who has been issued a declaration of public health nuisance, an order for abatement, or a statement of public costs may appeal to the City Council. The appeal shall be in writing, filed with the Administrator and Anoka County Community Health and Environmental Services, specifying the grounds for the appeal and the relief requested. The appeal must be filed within ten days of the issuance of the item from which appeal is taken. The City Council shall hear the appeal at the next available City Council meeting. Upon review, the City Council may affirm, modify or reverse the action taken. The filing of an appeal shall suspend the terms of the declaration of public health nuisance, order for abatement or statement of public costs, whichever is applicable. However, in the instance of an appeal from an order for abatement, the appeal shall not suspend that part of the order prohibiting occupancy of the property. Ord. 977, adopted 1211012003 § 91.99 PENALTY. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. 1101 Page CHAPTER 92: PARKS AND RECREATION Section General Provisions 92.01 Definitions 92.02 Removing, defacing or destroying property 92.03 Erection of structures 92.04 Littering 92.05 Alcoholic beverages; intoxication 92.06 Vehicle traffic 92.07 Hours 92.08 Overnight parking or occupancy 92.09 Open fires prohibited 92.10 Washing of vehicles 92.11 Discharge and possession of firearms 92.12 Posting signs and placards 92.13 Riding of horses and other animals 92.14 Unattended animals 92.15 Language, conduct and attire 92.16 Climbing of trees and on buildings 92.17 Fireworks 92.18 Swimming 92.19 Fishing 92.20 Boat launching 92.21 Shoreline protection Administration and Enforcement 92.30 Variances 92.31 City personnel Peltier Lake 92.45 Purpose, intent and application 92.46 Definitions 92.47 Surface zoning by restricting speeds and areas of activity 92.48 Enforcement 92.49 Exceptions 92.50 Notification 111 I Page GENERAL PROVISIONS § 92.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIREARM. Any rifle, shotgun, pistol, B-B gun, pellet gun, slingshot, air rifle and bow and arrow. PUBLIC PARKS AND GROUNDS. Any real property owned or leased by the city. VEHICLE. Any vehicle or conveyance, whether motor -powered, animal -drawn or self-propelled. Ord. #41, adopted 1011211983 § 92.02 REMOVING, DEFACING OR DESTROYING PROPERTY. No person shall remove, deface, destroy, diminish or impair the value of public property located on or within any public park or public grounds. Ord. #41, adopted 1011211983 § 92.03 ERECTION OF STRUCTURES. No person shall erect any tent or structure, whether permanent or temporary, or run any public service utility, upon or across any public park or public grounds. Ord. #41, adopted 1011211983 § 92.04 LITTERING. (A)No person shall litter or cast or allow to remain any rubbish or trash of any kind or nature in or about any public park or public grounds. (B) No person shall bring glass containers into any designated park land in the city. Ord. #41, adopted 1011211983, Ord. amended 0811411985 § 92.05 ALCOHOLIC BEVERAGES; INTOXICATION. 1121 Page No person shall possess, display, consume or use intoxicating liquor or 3.2 percent malt liquor in any public park or public grounds. Ord. #41, adopted 1011211983 § 92.06 VEHICLE TRAFFIC. Vehicles shall be driven or parked only in designated areas on any public park or public grounds and shall be driven therein at a maximum speed of five mph. Ord. #41, adopted 1011211983 § 92.07 HOURS. No persons, except authorized city personnel, shall enter or be on the grounds of any public park or public grounds between the hours of 10:00 p.m. and 7:00 a.m., or during those hours specifically posted by the city. Ord. #41, adopted 1011211983, Ord 2d #25, amended 1211012008 § 92.08 OVERNIGHT PARKING OR OCCUPANCY. Overnight parking or occupancy within any public park or public grounds is prohibited. Ord. #41, adopted 1011211983 § 92.09 OPEN FIRES PROHIBITED. No person shall build a fire in any place in any public park or public grounds, at any time, except in fireplaces or receptacles provided therein by the city. Ord. #41, adopted 1011211983 § 92.10 WASHING OF VEHICLES. No person shall wash any vehicle in any public park or on public grounds. Ord. #41, adopted 1011211983 113 1 Page § 92.11 DISCHARGE AND POSSESSION OF FIREARMS. No person, except law officers in the discharge of their duties, shall discharge any Firearm in any public park or on any public grounds at any time. No person shall possess a dangerous weapon or firearm in any public park or on any public grounds unless licensed by a State or the Federal government authorizing possession of a firearm in a public place. Ord. #41, adopted 1011211983, Ord. 2d 925, amended 1211012008 § 92.12 POSTING SIGNS AND PLACARDS. No person shall post any sign, placard, advertisement or inscription on any public park or public grounds. Ord. #41, adopted 1011211983 § 92.13 RIDING OF HORSES AND OTHER ANIMALS. No person shall ride a horse or any other animal on any public park or public grounds except on designated trails or paths. Ord. #41, adopted 1011211983 § 92.14 UNATTENDED ANIMALS. No person shall allow any animal of any sort to go unattended or without physical restraint in any public park or public grounds. Ord. #41, adopted 1011211983 § 92.15 LANGUAGE, CONDUCT AND ATTIRE. No person shall use abusive, boisterous or obscene language or engage in any abusive, boisterous or obscene behavior in any public grounds. No person shall place or carry any abusive or obscene placard or sign in any public park or public grounds. No person shall appear in any public park or public grounds unless clad in attire which meets contemporary community standards of decency. Ord. #41, adopted 1011211983 § 92.16 CLIMBING OF TREES AND ON BUILDINGS. 1141 Page No person shall climb any trees or climb on any building or structure in any public park or public grounds. Ord. #41, adopted 1011211983 § 92.17 FIREWORKS. No person shall possess or discharge any fireworks in any public park or public grounds. Ord. #41, adopted 1011211983 § 92.18 SWIMMING. No person shall enter or exit Centerville Lake through any public park or public grounds for the purpose of swimming except where sign posted that swimming is allowed. Ord. 2d #25, amended 1211012008 § 92.19 FISHING. No person shall fish from any public park or public grounds except where sign posted that fishing is allowed. Ord. 2d #25, amended 1211012008 § 92.20 BOAT LAUNCHING. No boat or watercraft may be launched from any public park or public grounds except where sign posted as specifically allowed. Ord. 2d 925, amended 1211012008 § 92.21 SHORELINE PROTECTION The shoreline where any public park or public grounds meets Centerville Lake is a protected area. The shoreline must be protected from vehicular and foot traffic in order to establish and maintain vegetation. Shoreline vegetation will stabilize and protect the shoreline from erosion. This protected area extends fifteen feet from the high-water mark of the Lake. No person may be present within a protected shoreline area which is so posted. It is a trespass for anyone to be present within a protected shoreline area when the area is posted against entry. 115 1 Page Ord 2d #25, amended 1211012008 ADNIINISTRATION AND ENFORCEMENT § 92.30 VARIANCES. Variances to the strict application of this chapter may be granted only by the City Council. Ord. #41, adopted 1011211983 § 92.31 CITY PERSONNEL. This chapter shall not be construed to prohibit the normal care, operations or functions of the city (including the authorized events of City Celebration) or its authorized agents in any public park or public grounds. Ord. #41, adopted 1011211983, Ord. amended 1212211993 PELTIER LAKE § 92.45 PURPOSE, INTENT AND APPLICATION. As authorized by M.S. §§ 86B201.86B205 and 459.20, and Minn. Rules 6110.3000-6110.3800 as now in effect and as hereafter amended, this section is enacted for the purpose and with the intent to control and regulate the use of the water of Lake Peltier in Anoka County, Minnesota, the body of water being located within the boundaries of the City of Centerville and City of Lino Lakes, to promote its fullest use and enjoyment by the public in general; to ensure safety for persons and property in connection with the use of the waters, to minimize adverse impact on natural resources, to harmonize and integrate the varying uses of the waters, and to promote the general health, safety and welfare of the citizens of Centerville. Ord. 968, adopted 0312712002 § 92.46 DEFINITIONS. Terms used in this section related to boating are defined in M.S. § 86B.005, as amended. Ord. 1168, adopted 0312712002 1161 Page § 92.47 SURFACE ZONING BY RESTRICTING SPEEDS AND AREAS OF ACTIVITY. A No -Wake Zone over all that part of Peltier Lake lying northerly and northwesterly of the following described line: Commencing at the southwest corner of the Southeast Quarter of Section 10, Township 31, Range 22, Anoka County, Minnesota; thence north 89 degrees 54 minutes 46 seconds east along the south line of the Southeast Quarter 2106.64 feet to a witness corner on the south line of Government Lot 1, Section 10, Township 31, Range 22; thence north 00 degrees 05 minutes 30 seconds west 150.00 feet; thence north 89 degrees 54 minutes 30 seconds east 100.00 feet, more or less, to a point on the westerly shoreline of Peltier Lake, the point being the point of beginning of the line to be described; thence continuing north 89 degrees 54 minutes 30 seconds east to the easterly shoreline of Peltier Lake, and the line there terminating. Ord. #68, adopted 0312712002 § 92.48 ENFORCEMENT. The primary responsibility for enforcement of this section shall rest with the County Sheriff's Department and the City Police Department. This, however, shall not preclude enforcement by other licensed peace officers. Ord. #68, adopted 0312712002 § 92.49 EXCEPTIONS. All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the foregoing restrictions. Ord. 1168, adopted 0312712002 § 92.50 NOTIFICATION. It shall be the responsibility of the Anoka County Parks and Recreation Department to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft access outlining essential elements of this subchapter, as well as the placement of necessary buoys and signs. Ord. 968, adopted 0312712002 1171 Page Teresa Bender From: Mariann Pavlich <mariannpavFch@gmail.com> Sent: Friday, July 28, 2023 12:22 PM To: Teresa Bender Subject: Re: HAPPY BIRTHDAY! This email originated outside our organization; please use caution. It was a HoT day but we did a 50k for my 50th! Thank you!! Hope all is well with you! On Thu, Jul 27, 2023 at 1:41 PM Teresa Bender <TBender@L1centervillemn.com> wrote: Did you ride this morning? Enjoy your day! X.,"a Zender Teresa Bender City Clerk City of Centerviile 1880 Main Street Centerville, MN 55038 Email-, tbenderCa)centervillemn.carta City Hall- (651) 792-7930 Direct Dial: (651) 792-7933 Fax (651) 429-8629 1, El Teresa Bender From: Teresa Bender Sent: Friday, July 28, 2023 12:34 PM To: 'Mariann Pavlich' Subject: RE: HAPPY BIRTHDAY! Congratulations!!!!!! Yes, hot. Looks like you had a great crew who also celebrated your 501h with you. You are a strong gal! Congrats again. Sincerely, Teresa P.S. I credited your husband's credit card for the $100 deposit as no one even knew you guys were there. Q Teresa From: Mariann Pavlich <mariannpavlich@gmail.com> Sent: Friday, July 28, 2023 12:22 PM To: Teresa Bender <TBender@centervillemn.com> Subject: Re: HAPPY BIRTHDAY! Caution: This email originated outside our organization; please use caution. It was a HoT day but we did a 50k for my 50thl