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HomeMy WebLinkAbout[09a] Ordinance Amendments Council Agenda Item 9a MEETING DATE: May 6, 2019 AGENDA ITEM: Ordinance Amendments - Authorize the Mayor and Administrator to execute Resolution 2019-035 Amending Ordinance 1007, Ordinance 701 and Ordinance 1006 and Resolution 2019-036 Authorizing Summary Publication. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The Council reviewed the proposed amendments on April 15, 2019. BACKGROUND INFORMATION: Staff drafted proposed amendments to Ordinance 1007 (Garbage and Refuse Ordinance), Ordinance 701 (Licensing and Regulation of Consumption of Intoxicating Liquor), and Ordinance 1006 (Weed and Brush Control) none of which required Planning Commission Approval. The draft ordinances were published on the City’s website for the required 10 days. The proposed amendment to Ordinance 1007 adds a provision where refuse and recycling containers cannot be placed on the curb more than 24 hours prior to collection or left on the curb for more than 24 hours after collection. The Amendments to Ordinance 701 include revisions to the Permanent Outdoor Liquor Sales subdivision to maintain consistency with area cities and to update the underage consumption penalty to be consistent with the adopted alcohol matrix. The amendment to Ordinance 1006 provides additional definitions for types of weeds and grasses that are prohibited as well as additional language for penalties served on properties not in compliance with the Ordinance. ATTACHMENTS: Resolution 2019-035 Amending Ordinance 1007, Ordinance 701, and Ordinance 1006 Resolution 2019-036 Authorizing Summary Publication REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2019- 035 Amending Ordinance 1007, Ordinance 701, and Ordinance 1006 and Resolution 2019-036 Authorizing Summary Publication. RESOLUTION 2019-035 AMENDMENTS TO ORDINANCE 1007, ORDINANCE 701 AND ORDINANCE 1006 The City Council of the City of St Joseph hereby ordains: That Ordinance 1007 Garbage and Refuse Ordinance, Ordinance 701 Licensing and Regulation of Consumption of Intoxicating Liquor, and Ordinance 1006 Weed and brush control are hereby amended as follows: ORDINANCE 1007 GARBAGE AND REFUSE ORDINANCE: Section 1007.03: COLLECTION BY CITY. For non-rental residential property, the City Council shall provide for the collection of all garbage and other refuse and recyclables deposited in the containers and shall provide for the removal of the same to such place as shall be provided by the City Council for that purpose. The City Council may contract for such collection and removal of such garbage and other refuse, but all such employment or procuring of means shall be done in the name of and for and on behalf of the City, and the expense thereof shall be paid out of the funds of the City generated by a charge to users. The City Council may adopt such reasonable rules and regulations for the deposit, collection and removal of such garbage and other refuse aforesaid as it may deem necessary or useful. Non-residential property shall privately contract for the removal of refuse in a manner consistent with this ordinance. a) Garbage or other refuse and recyclable containers shall not be placed on the curb line more than 24 hours prior to scheduled collection or be left on the curb line more than 24 hours after scheduled collection. ORDINANCE 701 LICENSING AND REGULATION OF CONSUMPTION OF INTOXICATING LIQUOR: Section 701.15: RESTRICTIONS ON PURCHASE OR CONSUMPTION. Subd. 1: Persons to Whom Sale is Illegal. a) No persons to whom the sale of intoxicating liquor is forbidden by state law shall misrepresent his/her age for the purpose of obtaining intoxicating liquor nor shall he/she enter any licensed premises under this Ordinance in order to procure said beverages, or to consume or purchase, or attempt to purchase, or have another purchase for him, such beverages on licensed premises. b) No person shall induce a person to whom the sale of intoxicating liquor is forbidden by state law to purchase or procure intoxicating liquor. c) Except as hereinafter provided, no person to whom the sale of intoxicating liquor is forbidden shall enter or remain in any place where intoxicating liquors are sold or given away. A person to whom the sale of intoxicating liquor is forbidden may be permitted to remain in specified areas of licensed premises if said person: 1. Is accompanied by his/her parent or legal guardian, or 2. Is in the restaurant for the purposes of eating, or 3. Is in a bona fide bowling establishment for the purpose of bowling or watching others bowl, or 4. Is in an approved game room area no later than 9:00 p.m. for the purpose of using or watching others use amusement devices, or 5. Is an employee of the licensed premises who is 18 years of age or older and is on the premises for purposes of his/her employment, or 6. Is a guest at a private reception or party. d) For the purposes of this ordinance: 1. Private Reception or Party. Shall mean an event held in licensed premises that is not open to the public and attendance is limited to a discreet and identifiable group of persons invited by a host, which group may include persons under the age of twenty-one (21). 2. Host. For purposes of this ordinance is a person, at least 21 years of age, who has rented a discreet portion or all of the licensed premises, which person is financially responsible for the rental of the premises. The general public may not be allowed into or invited to the private party. 3. Game Room. Is defined as an enclosed area, separate and apart from the areas in which intoxicating liquor is sold or served, which is equipped with amusement devices and which has as its primary purpose the use and enjoyment of said amusement devices, provided, however, that no such area shall qualify as a game room if intoxicating liquor is served or delivered to the area by the licensee or his/her employees, before 9:00 p.m. Licensees seeking to establish and operate an approved game room area must first apply to the City Council for approval and must show that the area so designated conforms to the definition of "game room" set forth above. Council approval of any such area is required before minors may be allowed in the licensed premises pursuant to subparagraph d) of this subdivision. 4. Licensed premises. Shall not include any enclosed area, separate and apart from the area in which intoxicating liquor is sold or served, provided that such area is separated by an impermeable floor to ceiling barrier from the area in which intoxicating liquor is sold. Any licensee maintaining such an area at the same site as a licensed premises, shall be responsible for preventing persons under the legal age for purchasing intoxicating from entering the licensed premises and preventing the transport of any intoxicating liquor from the licensed premises into the separate area. The presence of an underage person in the licensed premises or the presence of alcohol in the separated area shall both be deemed violations of this ordinance subdivision by the named licensee. e) The named licensee shall be responsible for enforcement of this subdivision, and failure to do so shall be a violation of this Ordinance by the licensee whether the named licensee, or any officer thereof, be physically present when the offense occurred. Subd. 2: Consumption in Public Place. a) No persons shall mix or prepare liquor for consumption in any public place or place of business not licensed to sell liquor "on sale" and no person shall consume liquor in any such place. b) No liquor shall be sold or consumed on a public highway or in an automobile in any public place in the City of St. Joseph. c) No liquor shall be consumed or carried in an open container on any public street, highway, alley, public sidewalk, public parking lot or private parking lot which is open for use by the general public. d) No person shall consume or carry an open container of any liquor on any parking lot provided for the patrons of a licensee under this Ordinance. The licensee shall be responsible for the enforcement of this Section 701.12, Subdivision 2(d), and permitting any person to consume or carry an open container of liquor on any parking lot provided for the patrons of a licensee under this Ordinance shall be a violation of this Ordinance by the licensee. e) For purposes of Section 701.12, Subd. 2 of this Ordinance, the term "Liquor" shall mean for purposes of inclusion but not limitation, all intoxicating liquor and spirits, intoxicating and non intoxicating malt liquors and wines. f) For purposes of Section 701.12, Subd. 2, herein, "open container" is defined as any type of container from which a liquid may be readily poured, consumed, or otherwise removed, that has been opened, or the seal broken, or the contents of which have been partially removed. Updated 701.11, Subd. 2(f) on 2/05 Subd. 3: Identification. Every person shall process and show proper identification to a licensee, employee of a licensee or police officer when requested to do so when the following circumstances exist: a) The person is entering or present in the premises licensed for the sale of intoxicating liquor. b) The person is in possession of intoxicating or 3.2 percent malt liquor, either on or off licensed premises. For purposes of this ordinance, proper identification shall be limited to a valid driver’s license or official state identification card. Subd. 4: Consumption off the Premises. All intoxicating liquor sold "on-sale" shall be possessed and consumed inside the building where purchased "on-sale" except as allowed in Subdivisions 5 and 6 of this section. No person shall possess or consume any intoxicating liquor outside the building of an "on-sale" business if said intoxicating liquor was purchased "on-sale" except as allowed in Subdivisions 5 and 6 of this section. The licensee shall be responsible for the enforcement of this provision, and permitting a person possessing intoxicating liquor "on- sale" to leave the building shall be a violation of this Ordinance by the licensee. Subd. 5: Outdoor Liquor Sales. Notwithstanding the provisions of Section 701.12, Subdivisions 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may allow persons to possess and consume said intoxicating liquor outside of a building of an "on sale" business by applying for an Outdoor Sales Permit and pursuant to the following terms and conditions: a) Time. Sale of liquor in the licensed area is limited to the hours commencing at 10:00 AM and ending at 10:00 PM. Licensees, employees, and agents of any licensee will not serve, dispense or in any manner furnish liquor in the licensed area at any other time.; nor permit the presence of any open bottle or open receptacle containing liquor in the licensed area within 30 minutes after the expiration of the time of any day when liquor may be legally sold. b) Access. The primary access and egress shall be from the main premise or structure and no other access or egress shall be allowed other than those required as emergency exits. c) Free Passage Controlled. The premise shall be defined or structurally constructed so as to prohibit the free passage of any person or substance from the licensed area. d) Supervision. A designated employee shall be assigned, at all times of operation, the responsibilities of supervision of the activities within the Outdoor Sales area. e) No Live Entertainment. Live entertainment or the use of sound producing equipment in the licensed area except as permitted by the City Council through an amendment of the Outdoor Sales Permit. All noise shall be controlled in such a manner that it remains in compliance with noise control regulations as set forth in the St. Joseph Code of Ordinances f) Debris. Debris within the designated outside area shall be cleaned within one hour after the closing of the area, and all debris located within the area, or debris located adjacent to the area but originating from the designated outside area, shall be picked up and removed within that time period. g) Additional Terms and Conditions. Any application granted for the licensed area premises will be granted upon such additional terms and conditions as the Council may specify. h) Expiration. Each Outdoor Sales Permit issued pursuant to this subdivision expires th June 30 of each year. Application for the succeeding year may be made at any time during that year. i) Insurance. Any establishment offering outdoor liquor service must file with the City evidence on insurance insuring against liability imposed by law arising out of the ownership, maintenance or operation of such liquor service. The certificate must state that all coverage afforded to the enclosed premise is extended to the outdoor service area. The certificate must further state that coverage may not be cancelled except upon ten days written notice with the City Administrator’s Office. Sale of liquor within the outdoor service area must cease at any time the required insurance is not in place. j) No Expectation of Renewal. Any action of the City allowing outdoor sales must be deemed experimental and as such, no expectation must be had by the licensee that the outdoor area will continue to be permitted through annual licensing, even though no misconduct occurred in the outdoor area. k) Violations. Any violations of the provisions of this Ordinance regulating Outdoor Sales, or of the State Law regulating the sales of liquors, which occur in the licensed area, shall be considered violations of the principal on-sale license for the premises. l) License Fee. The annual fee for an Outdoor Sales Permit shall be established by resolution of the City Council. Amended 05/2019 Subd. 6: Temporary Outside Liquor Permit. f) Notwithstanding the provisions of Section 701.12, Subd.’s 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may allow persons to possess and consume said intoxicating liquor outside of the building of an “on-sale” business, pursuant to a special permit from the City. Each permit issued by the City shall be applicable for a single designated period not to exceed 48 hours. The permit shall designate whether it is an “event permit” or a “seasonal permit.” An event permit shall be applicable for a single designated period not to exceed 48 hours. A seasonal permit shall be valid from May 1 through September 1, or a designated portion thereof. Application for permit must be made to the City Clerk/Administrator at least ninety (90) days prior to the date for which the permit is to apply. Application shall be on a form prescribed by the City Council. Application shall be made in the name of licensee, and the licensee assumes full responsibility for any violation of the terms of the permit, this Ordinance or other law resulting from acts or conduct occurring on the licensed premises at the time the permit is in effect. Application for a permit shall be accompanied by a permit fee established and amended from time to time by Council resolution. The fee is non-refundable. f) Upon receipt, the Clerk/Administrator shall forward the application to the Chief of Police for review, comment and recommendation. Upon completion of police review, the application shall be considered by the Council at a public meeting. Prior to meeting, the applicant shall notify the owners of property adjacent to the location of the proposed outside liquor of the pending application. f) At the meeting, the Council may either deny or grant the permit and establish reasonable conditions and regulations controlling the permitted activities. When considering a permit request, the Council shall consider the following factors: f. Protection of the peace and repose of the residents of the City. 2. The safety of City residents and their property. 3. The reasonable concerns of City residents within the vicinity of the proposed activity. 4. The nature of the activity proposed and the manner in which the licensee intends on controlling the activity. 5. The general land use of the surrounding neighborhood. 6. Past experience with events of a similar nature and events held by the applicant. 7. Recommendations of the Police Department relative to public safety, law enforcement and the creation of disturbance. 8. Whether the event is one of general community interest or is in the nature of a civic event. d) Permits for temporary outside liquor shall be subject to the following conditions. f. Outside activities that are conducted in conjunction with liquor sales under this license, including but not limited to the playing of live or recorded music, shall cease at 9:30 p.m. except each license holder may on one night during each calendar year extend the outside activities until 12:00 midnight if the following conditions are met: a.) The event occurs on a Friday or Saturday, on July 3, or on the day preceding Memorial Day or Labor Day; and b.) The licensee has paid a surcharge in an amount established by Resolution of the City Council. 2. When the licensee submits his/her application for temporary outside liquor, he/she shall also submit to the Council a Complaint Mitigation Plan. This Plan shall outline actions required by the licensee prior to, during and after an event in order to mitigate the number of complaints from the public regarding the event. The Plan shall be signed by the licensee and must be approved and signed by each of the City’s Department Chairpersons. When creating this plan the licensee shall utilize the Complaint Mitigation Plan template provided with the application forms. 3. Upon payment of the application fee, the licensee shall also submit payment in the amount of $1,000 that will be deposited into an escrow account by the City and will be used to make payments for repairs, clean- up, fines and other expenses that the City will incur as a direct result of the licensed event(s). Those funds that are not used shall be returned to the licensee. 4. The licensee shall provide an appropriate number of properly trained security personnel to keep order and control during the entire license period. e) In granting a permit for temporary outside liquor, the Council shall establish reasonable conditions to protect public health, safety, repose and property in addition to those listed above. The conditions established by the Council may include, but are not limited to, the following: f. Limitation of the specific activities permitted. 2. Require measures to limit or regulate noise. 3. Limit the number of participants. 4. Make special provisions for additional parking. f) In addition to those stated in the permit, all temporary outside liquor event permits shall be subject to the following terms and conditions: f. Outside liquor shall only be allowed on the licensed premises. 2. Ingress and egress to and from the area in which liquor is served, consumed or possessed must be effectively controlled by a fence, tent wall, building or other structure. 3. The licensee, his/her agents or employees shall supervise the activities or persons within the outside liquor area for the purpose of enforcing the state and local liquor laws, and controlling ingress and egress to the area. 4. No live or recorded music may be played within the outside liquor area after 9:30 p.m., unless a written noise mitigation plan has been approved by Council Resolution for that specific event. 5. The permitted outside liquor area shall not cause an obstruction of a public street, alley or sidewalk, unless specifically permitted by the Council. 6. The licensee shall repair any damage to public property directly resulting from the activities, including but not limited to damage to pavement caused by tent stakes and supports. Subd. 7. Underage Consumption: No person under the age of 21 years shall consume any alcoholic beverage, unless the alcoholic beverage is consumed in the household of said persons parent or guardian and with the consent of the parent or guardian. f) Penalty. A violation of this provision of this Ordinance is subject to the fines established in the alcohol matrix by the City Council. Any subsequent offenses within a twenty-four (24) month period of the first offense shall be subject to any additional fines and or suspension of the liquor license as established in the alcohol matrix adopted by the City Council. f) Administrative Provision. The administrative penalty provisions of this ordinance shall be enforced pursuant to St. Joseph Administrative Penalties Ordinance 104.05. f) Administrative Procedure Voluntary. Persons who contest their liability or refuse to pay the assessed penalty will be charged through the normal judicial channels. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the city may bring criminal charges in accordance with law. Likewise, the city, in its discretion, may choose not to initiate an administrative offense procedure and may bring criminal charges in the first instance. d) Notice. Any officer of the City Police Department, and having authority to enforce this Ordinance, shall, upon determining that there has been a violation, notify the violator. This notice shall set forth the nature, date and time of violation, and amount of the scheduled penalty. e) Failure to Pay. In the event a party charged with an administrative penalty under this subdivision fails to pay the penalty, within 20 days, a misdemeanor charge may be brought against the alleged violator in accordance with applicable state statutes. If the penalty is paid, no such charge may be brought by the City for the same violation. f) Disposition of Penalties. All penalties collected pursuant to this Subdivision shall be paid to the City treasurer and may be deposited into the City’s general fund. Amended 05/2019 Section 701.16: SUSPENSION AND REVOCATION. The Council may either revoke or suspend for a period not to exceed sixty (60) days, any liquor license and/or assess a civil monetary fine of not more than Two Thousand Dollars ($2,000) upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minn. Stat. § 14.57 to 14.69 of the Administrative Procedure Act. However, this section does not require the City to conduct the hearing before an employee of the Office of Administrative Hearings. The City may impose a penalty or suspension under this section. Section 701.17: BOTTLE CLUBS. Bottle Clubs as defined under M.S.A. 340A.101 shall be prohibited within the City limits of St. Joseph. It shall be unlawful for any private club or for any business establishment without an authorized on sale liquor license, directly or indirectly, or upon any pretense or by any devise to allow the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor. Section 701.18: PENALTY. A violation of this ordinance constitutes a misdemeanor, except any person violating Section 701.12, Subd.'s 2 or 4 of this Ordinance is guilty of a petty misdemeanor. Violations of Section 701.12, Subd. 7 may be enforced through criminal and/or civil sanctions as set forth above. Section 701.19: LIMITATION OF ON SALE LIQUOR LICENSES. The number of on sale liquor licenses which may be issued under Section 701.02, Subdivision 2, of this Ordinance shall be limited to six licenses. Liquor license in excess of six may be permitted by Resolution of the Council if the entity seeking the license is a restaurant and it has been determined that the entity complies with the requirements established in operating a restaurant under Minnesota Statute. Section 701.20: LIMITATION OF EXCLUSIVE OFF-SALE LICENSES. The number of exclusive off-sale liquor licenses (off-sale licenses not held and operated in conjunction with an on-sale license) which may be issued under Section 701.02, Subd. 2 of this Ordinance, shall be limited based upon the population of the City of St. Joseph, as follows: Population of City Exclusive Off-Sale Licenses Authorized 0 to 3,200 1 3,201 to 11,000 3 11,001 to 15,000 4 Over 15,000 5 The population of the City of St. Joseph shall be as established by the official census of the United States Department of Commerce or the official population estimates produced by the State Demographer's Office, whichever is most current. ORDINANCE 1006 WEED AND BRUSH CONTROL Section 1006.01: PURPOSE. It is the purpose of this Ordinance to prohibit the uncontrolled growth of vegetation, while permitting the planting and maintenance of landscaping or garden treatments which add diversity and richness to the quality of life. There are reasonable expectations regarding the proper maintenance of vegetation on any lot or parcel of land. It is in the public’s interest to provide standards regarding the maintenance of vegetation as vegetation which is not maintained may threaten public health, safety and order. Section 1006.02: DEFINITIONS. For the purpose of this Ordinance, the following words shall have the meanings given in the following subdivisions. Subd. 1: City. As used in this Ordinance, shall mean the City of St. Joseph, Stearns County, Minnesota. Subd 2: Grasses. a) Native Grasses and Forbs. Grasses including prairie grasses and flowering broad-leaf plants which are indigenous to Minnesota. Native grasses and forbs shall be planted only in planned landscape areas or a restoration area where native grasses and forbs are being intentionally re-established. b) Ornamental Grasses and Groundcover. Species that are not indigenous to Minnesota and do not include turf grasses. Ornamental grasses and groundcovers shall be planted only in planned landscape areas. c) Turf Grasses. Commonly used in lawn areas, including any blue grass, fescue or rye grass blends, or any similar grasses. Subd. 3: Noxious Weeds, Prohibited. Annual, biennial, or perennial plants that the Commissioner of Agriculture designates as having the potential or are known to be detrimental to human or animal health, the environment, public roads, crops, livestock or other property. There are two regulatory listings for prohibited noxious weeds: a) Eradicate list. Prohibited noxious weeds that are listed to be eradicated include plants that are not currently known to be preset in Minnesota or are not widely established. These species must be eradicated, meaning all of the above and below ground parts of the plant must be destroyed, as required by MN Statute §18.82, as amended from time to time. b) Control List. Prohibited noxious weeds listed to be controlled are plants established throughout MN or regions of the State. Species on this list must be controlled, meaning efforts must be made to prevent the spread, maturation and dispersal of any propagating parts, thereby reducing established growth and preventing reproduction and spread as required by MN Statute §18.82 as amended from time to time. Subd. 4: Noxious Weeds, Restricted: Plants that are widely distributed in MN and are detrimental to human or animal health, the environment, public roads, crops, livestock or other property, but whose only feasible means of control is to prevent their spread by prohibiting the importation, slae and transportation of their propagating parts in the state except as allowed by MN Statute § 18.82, as amended from time to time. Plants designated as restricted noxious weeds may be reclassified if effect means of control are developed. Subd. 5: Noxious Weeds, Stearns County. Weeds that are designated by Stearns County to be enforced as prohibited noxious weeds within the county’s jurisdiction and must be approved by the Commissioner of Agriculture. The list of noxious weeds designated by Stearns th County is updated by May 15 of each year. Subd. 6: Person. As used in this Ordinance shall mean and include one or more persons of either sex, natural person, corporations, partnerships, associations, societies and other entities of any kind capable of being sued. Subd. 7: Specifically Regulated Plants. Plants that may be native species or have demonstrated economic value, but also have the potential to cause harm in non-controlled environments. Plants designated as specially regulated have been determined to pose ecological, economical, or human health or animal health concerns. Plant specific management plans and/or rules that define the use and management requirements for these plants will be developed by the MN Department of Agriculture for each plant designated as specially regulated. Measure must also be taken to minimize the potential for harm caused by these plants. Subd. 8: Weeds. As used in this Ordinance, shall be construed to mean and include all noxious weeds as defined in Minn. Stat. §18 and 21, as amended from time to time, and those as determined by the Stearns County Agricultural Inspector, and all such useless and troublesome plants as are commonly known as weeds to the general public. Section 1006.03: MAINTENANCE STANDARDS. Every owner, lessee, and/or occupant; or any agent, servant, representative, or employee of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the City, to permit or maintain on any such lot or land, or on or along any sidewalk adjacent to the same, or along any street adjacent to said property between the property lien and the curb, or on or along any alley that is adjacent to the said property between the property line and the middle of the alley, shall maintain all vegetation thereon according to the following standards: a) Turf grasses and weeds shall be regularly cut such that no individual plan shall exceed, any anytime a height greater than ten (10) inches as measured from it base at the ground to the highest point of the stalk, stem or blade. b) Property owners are responsible to plant and maintain the boulevard areas adjoining their property in a manner which enhances and improves the aesthetic appearance of city streets with turf grass or approved rain gardens. To maintain an adequate site ine and safe travel within the right-of0way, such plantings excluding treets, shall not exceed thirty two (32) inches in height. c) The City may require a planned landscape area to be trimmed if the plants are causing vehicular and pedestrian sight line issues or posing other safety concerns. No person shall permit ornamental grasses and groundcovers to invade on adjoining property. d) Any growth of noxious weeds, grasses, or rank vegetation to a height of greater than ten (10) inches, or any accumulation of dead weeds or grasses, except compost piles, during the months of May through September. It shall also be unlawful for any such person to cause, permit or allow poison ivy, rag weed, or other poisonous plant(s), or plant(s) detrimental to health, to grow on any such lot or on any such land in such manner that any part of said weed(s) or plant(s) shall extend upon, hang over or border any public place, or in such manner that said weed(s) or plant(s) are allowed to seed or emit pollen or other harmful particles into the atmosphere in a manner such that said particles are carried through the air into any public place(s). e) It is unlawful to dispose of noxious weeds, grasses, or rank vegetation in public streets, vacant lots, ponds and rights-of-way. Section 1006.04: REMOVAL OF WEEDS. It shall be the duty of the owner, lessee, or occupant of any lot or land to cut and remove, or to cause to be cut and removed, all such noxious weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Section 3. Section 1006.05: NOTICE. If the provisions of the foregoing Sections are not complied with, the City Weed Inspector shall serve written notice for the first two offenses of the each calendar year, of such fact upon the owner, lessee, occupant, or any agent or person having care or control of such lot or land. Non-compliance of this Ordinance offense after the second offense will not receive notice. If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed, such seeds, grass or other vegetation within ten (10) days of the compliance date included in the administrative compliance order, or if no person can be found in the City who either is or claims to be the owner of such lot or land, or who either represents or claims to represent such owner, or the compliance order would be the third (or greater) notice for the same property in the calendar year, the Weed Inspector shall cause such weeds, grass and other vegetation on such lot or land to be cut and removed. The property owner shall be charged a compliance fee to include all fees incurred when the Weed Inspector orders the weeds, grass or other vegetation to be cut and/or removed. If the property owner fails to pay the compliance fee within 30 days of receiving an invoice, such amount will become a lien in favor of the City and a penalty as established by the City Council shall be added to the amount due as of that date. Any costs, expenses and penalties unpaid as of October 15 of each calendar year shall be certified to the County Auditor for entry as a special assessment upon such property for collection as other real estate taxes are collected. Section 1006.06: VEGETATION AND WETLANDS. The cutting, mowing or burning of vegetation located within a wetland as defined by Section 502.04, Subd. 123 of these Ordinances shall be prohibited, except where the cutting, mowing or burning occurs under the following circumstances: a) When the act occurs in compliance with this ordinance requiring the removal of weeds as defined in Section 1006.01, Subd. 4. b) When occurring in conjunction with the harvesting of agricultural crops. c) When the vegetation is consumed by agricultural animals using the wetlands for pasture. d) If approved by the City Weed Inspector based upon the finding that the cutting, mowing or burning of the vegetation will not have a noticeable adverse effect upon the wetlands or wildlife residing therein. Section 1006.07: PENALTY. Any person who shall neglect to cut and remove noxious weeds, grass, or other vegetation as directed in this ordinance, or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided, or who shall violate any of the provisions of this ordinance, or who shall resist or obstruct the Weed Inspector, or his employees, in the cutting and removal of noxious weeds, grass and other vegetation shall be guilty of a misdemeanor. This amendment is adopted this 6th day of May, 2019 and shall be effective upon publication. CITY OF ST. JOSEPH BY Rick Schultz, Mayor BY Judy Weyrens, Administrator This amendment was published on , 2019. RESOLUTION 2019-036 RESOLUTION AUTHORIZING SUMMARY PUBLICATION ORDINANCE 1007, ORDINANCE 701, AND ORDINANCE 1006 RECITALS: WHEREAS, on May 6, 2019, the City Council for the City of St. Joseph amended the text to Ordinance 1007 Garbage and Refuse Ordinance, Ordinance 701 Licensing and Regulation of Consumption of Intoxicating Liquor, and Ordinance 1006 Weed and Brush Control; and WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and WHEREAS, the purpose of amending Ordinance 1007 was to add language enforcing a timeline for when garbage and recycling containers may be left curbside. The purpose of amending Ordinance 701 was to amend the language regarding Outdoor Liquor Sales and the purpose of amending Ordinance 1006 was to provide additional definitions for types of weeds and grasses that are prohibited as well as additional language for penalties on properties not in compliance with the Ordinance. WHEREAS, the full text of the amended Ordinance is available at the City Offices, 75 Callaway Street East or on the City website, www.cityofstjoseph.com. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinances clearly informs the public of the intent and effect of the Ordinances. 2. The City of St. Joseph directs the City Administrator to publish the Ordinances by Summary Publication. Adopted this day of 2019, by a vote of in favor and opposed. CITY OF ST. JOSEPH By ______________________________ Rick Schultz, Mayor By ______________________________ Judy Weyrens, Administrator