Laserfiche WebLink
<br /> <br />/LMC <br /> <br />League of Minnesota Cities <br />Cities promoting excellence <br /> <br />145 University Avenue West, St. Paul, MN 55103-2044 <br />phone: (651) 281-1200 · (800) 925-1122 <br />Fax: (651) 281-1299 · TOO (651) 281-1290 <br />Web Site: www .lrnnc.org <br /> <br />June 29, 1999 <br /> <br />Pat Morrison <br />2660 Civic Center Drive <br />Roseville, MN 55113-1815 <br /> <br />Dear Ms. Morrison: <br /> <br />This letter is in response to your request for ordinances that regulate odors from restaurants. First of all, <br />I am not an attorney. I am providing this material for general informational purposes. It is not intended <br />to provide legal advice and should not be used as a substitute for competent legal guidance. Consult your <br />attorney for advice concerning specific situations. <br /> <br />I was unable to locate any sample ordinances that address your concern. Generally speaking, odors are <br />difficult to regulate. For example, the MPCA repealed their odor rule, and their reasoning best <br />summarizes the difficulty of odor control: "The problem with an ordinance regulating odor problems is <br />they are not consistent. Odors may travel, linger, or dissipate depending on local weather conditions and <br />activities causing the odors." Another difficulty I see in passing a restaurant odor ordinance is that it <br />appears to be discriminatory, because the regulation would apply to one specific business. <br /> <br />What you may want to consider is regulating the sources of odors. Items such as garbage disposal, <br />ventilation systems, and chemical pollutant levels are tangible, measurable, and apply to all similar <br />sources, not exclusively to a restaurant's odors. These regulations may already exist in your code or in <br />state agency rules. For example, the MPCA has an Air Emissions Permit Program that regulates several <br />hazardous air pollutants. Check to see if you have odor clauses in your nuisance ordinance, an open <br />burning ordinance, the details of your refuse collection ordinance, or an ordinance (or Department of <br />Health regulation) for food handling or storage. <br /> <br />I have enclosed a copy of St. Paul's restaurant code. As you will see, it regulates the cleanliness of the <br />restaurant, the storage of garbage, and (see pg. 25) the ventilation systems. I have enclosed a copy of the <br />MPCA's Fact sheets regarding odor regulations, two of our memos on Open Burning and Nuisances, and <br />a copy of a garbage ordinance from Maple Grove, MN. I hope this information is useful to you. <br /> <br />Thank you for calling. Please let us know if we can be of further assistance. <br /> <br />Sincerely, <br /> <br />'drm~~ <br /> <br />Lynn Stafford <br />Research Analyst <br /> <br />enclosures <br /> <br />AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER <br />