The URL can be used to link to this page

03-13-2023 City Council Meeting March 13, 2023 7:00 PM Fridley City Hall, 7071 University Avenue N.E. Agenda Call to Order Pledge of Allegiance Proclamations/Presentations 1.Presentation: Springbrook Spree by Kim Tillberry Approval of Proposed Consent Agenda Approval/Receipt of Minutes 2.Approve the Minutes from the City Council Meeting of February 27, 2023 3.Receive the Minutes from the City Council Conference Meeting of February 27, 2023 4.Receive the Minutes from the Housing and Redevelopment Authority Meeting of February 2, 2023 5.Receive the Minutes from the Housing and Redevelopment Authority Conference Meeting of January 5, 2023 New Business 6.Resolution No. 2023-25, Supporting the Submission of a Grant Application to the Department of Employment of and Economic Development (DEED) for the Redevelopment of 5400 Main Street N.E. 7.Resolution No. 2023-26, Scheduling a Public Hearing on March 27, 2023 to Consider Ordinance No. 1406, Creating Title No. 3 (Health, Safety, and Welfare) of the Fridley City Code and the Chapters Contained Therein, Amending the Fridley City Code Chapter 209, Fees, and Amending the Fridley City Code Chapter 203, Administrative Citations Claims 8.Resolution No. 2023-24 Approving Claims for the Period Ending March 8, 2023 Adoption of RegularAgenda Open Forum/Visitors(Consideration of Items not on Agenda15 minutes) 2 City Council Meeting 3/13/2023 Agenda Page 2 Regular Agenda New Business Informal Status Reports Adjourn Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact the City at (763) 572-3450. 3 Jufn!2/ AGENDA REPORT Meeting Date:March 13, 2023 Meeting Type:City Council Submitted By:Melissa Moore, City Clerk/Communications Manager Title Presentation: Springbrook Spree by Kim Tillberry Background will present information on the upcoming Springbrook Spree event. Financial Impact None. Recommendation None. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability &Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!3/ AGENDA REPORT Meeting Date:March 13, 2023 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of February 27, 2023 Background Attached are the minutes from the City Council meeting of February 27, 2023. Financial Impact None. Recommendation Staff recommend the approval of the minutes from the City Council meeting of February 27, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Meeting of February 27,2023 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 5 Jufn!3/ City Council Meeting February 27, 2023 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Pro Tem Ostwaldcalled the City Council meeting of February 27,2023, to order at 7:00 p.m. Present Mayor Pro Tem Dave Ostwald Councilmember Tom Tillberry Councilmember Ryan Evanson Councilmember Ann Bolkcom Walter Wysopal, City Manager Rachel Workin, Environmental Planner Jim Kosluchar, Public Works Director Mike Maher, Parks and Recreation Director Sarah Sonsalla, City Attorney Absent Mayor Scott Lund Pledgeof Allegiance Proclamations/Presentations 1.Presentation of SolSmart Bronze Award Rachel Workin, Environmental Planner, provided background on the SolSmart program and the bronze award that the City of Fridley was awarded. She presented the award to the Council. Approval of Proposed Consent Agenda Motion made by CouncilmemberBolkcomto adopt the proposed Consent Agenda.Seconded by CouncilmemberTillberry. Upon a voice vote, all voting aye, Mayor Pro TemOstwalddeclared the motion carried unanimously. Approval/Receipt of Minutes 2.Approve the Minutes from the City Council Meeting of February 13,2023. 3.Receive the Minutes from the City Council Conference Meeting of February 13, 2023. 6 Jufn!3/ City Council Meeting 2/27/2023 Minutes Page 2 4.!Receive the Minutes from the Parks and Recreation Commission Meeting of December 5, 2022. New Business 5. Resolution No. 2023-21, Approving Gifts, Donations and Sponsorships Received Between January 18, 2023 and February 20, 2023. Claims 6. Resolution No. 2023-20 Approving Claims for the Period Ending February 22, 2023. Adoption of Regular Agenda Motion made by Councilmember Tillberry to adopt the regular agenda. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Ostwald declared the motion carried unanimously. Open Forum, Visitors: (Consideration of Items not on Agenda 15 minutes.) No one from the audience spoke. Regular Agenda New Business 7. Resolution No. 2023-22, Approving Ordering of Advertisement for Bids for Moore Lake Park Site Improvements Project. Jim Kosluchar, Public Works Director, stated that at the last meeting, Council approved the plans and the ordering of bids for the community building. He explained that this action would be to authorize bidding for the corresponding site improvements. He provided details on the estimated project cost, bidding method, additional work, and schedule. The Council asked for details on the date the park would be closed and whether any programing or events would be moved to another location. There was a question of why the lighting and security were not included in this bid package. Mr. Kosluchar estimated that the park would be closed in early June, noting that those details would be finalized once the contractor is on board. Mike Maher, Parks and Recreation Director, stated that typically there are shelter reservations at the park, but staff has not accepted any reservations because of the anticipated construction. He noted that there have not been any activities or programing planned this year but are excited to program for the site in 2024. He also provided details on the reservation process for other shelters. Mr. Kosluchar commented that staff would be selecting the lighting and security for the site. It was noted that decision was not made on the basis of cost savings, but because of the knowledge staff has on those matters and to ensure compatibility with the existing systems used by the City in other locations. 7 Jufn!3/ City Council Meeting 2/27/2023 Minutes Page 3 The Council noted that this is an exciting start to the park improvement plan implementation. Wally Wysopal, City Manager, asked if the turf restoration would delay the opening of the park. He also asked if the aerator would be returning. Mr. Kosluchar commented that there will be a lot of turf restoration and plantings, but perhaps the north side could open sooner than the south side. He stated that the aerator would not return but they are looking into alternative options for the next season. He noted that the DNR was involved in the decision to remove the aerator. Motion made by Councilmember Evanson to adopt Resolution No. 2023-22, Approving Ordering of Advertisement for Bids for Moore Lake Park Site Improvements Project. Seconded by Councilmember Tillberry. Upon a voice vote, all voting aye, Mayor Pro Tem Ostwald declared the motion carried unanimously. Informal Status Reports The Council thanked staff for their continued efforts with snow removal. Adjourn Motion made by Councilmember Bolkcom to adjourn. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Pro Tem Ostwald declared the motion carried unanimously and the meeting adjourned at 7:22 p.m. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 8 Jufn!4/ AGENDA REPORT Meeting Date:March 13, 2023 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Receive the Minutes from the City Council Conference Meeting of February 27, 2023 Background Attached are the minutes from the City Council conference meeting of February 27, 2023. Financial Impact Recommendation Receive the minutes from the City Council conference meeting of February 27, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Conference Meeting of February 27, 2023 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 9 Jufn!4/ Council Conference Meeting February 27, 2023 5:30PM Fridley City Hall, 7071 University Avenue NE Minutes Present Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ryan Evanson Councilmember Ann Bolkcom Walter Wysopal,City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Mike Maher, Parks and Recreation Director Melissa Moore, City Clerk Beth Kondrick, Deputy City Clerk Andrew Todd, Sergeant Rachel Workin, Environmental Planner Absent Mayor Scott Lund Items for Discussion 1.Recodification Update. Melissa Moore, City Clerk, and Beth Kondrick, Deputy City Clerk, provided a recodification update on several chapters contained in Title 3 (Health, Safety, and Welfare) of the Fridley City Code. It was mentioned that the revisions to the chapters had been reviewedby City staff and the City Attorney. 2.Review Moore Lake Park Site Improvements Project and Additional Elements. Mike Maher, Parks and Recreation Director, and Jim Kosluchar, Public Works Director, reviewed the Moore Lake Park Site Improvements Project and the updated site plans. Additional elements to the project were also discussed, including security cameras and systems. : Jufn!5/ AGENDA REPORT Meeting Date:March 13, 2023 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Receive the Minutes from the Housing and Redevelopment Authority Meeting of February 2, 2023 Background Attached are the minutes from the Housing and Redevelopment Authority meetingof February 2, 2023. Financial Impact None. Recommendation Staff recommend Council receive the minutesfrom the Housing and Redevelopment Authority meeting of February 2, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the HRA Meeting of February 2, 2023 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 21 Jufn!5/ Housing and Redevelopment Authority February 2,2023 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Chairperson Showaltercalled the Housing and Redevelopment Authority meeting to order at 7:00 p.m. Present Elizabeth Showalter Gordon Backlund Troy Brueggemeier Rachel Schwankl Paul Bolin, HRA Assistant Executive Director Jessica Green, Development Consultant Vickie Johnson, Development Consultant Action Items 1. Approval of Expenditures Motionby Commissioner Brueggemeierto approve the expendituresfrom January 2023. Seconded by Commissioner Backlund. Upon a voice vote, all voting aye, Chair Showalterdeclared the motion carriedunanimously. 2.ApprovalJanuary 5,2023, Meeting Minutes Motionby Commissioner Brueggemeierto approve the meeting minutesof January 5,2023as presented. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chair Showalterdeclared the motion carried unanimously. 3. Approval of HRA Resolution No. 2023-03, Increasing Interest Rate on Non-Deferred Home Improvement Loans Paul Bolin, HRA Assistant Executive Director, provided background information on how the interest rate has been set for non-deferred improvement loans. He noted that in 2018 the interest rate was set at two percent, but since that time interest rates have increased in the market noting that interest rates on MHFA loans now range between 5.75 and 6.85 percent. He stated that staff recommends that the interest rate be increased from two percent to four percent, effective March 1, 2023. 22 Jufn!5/ Housing and Redevelopment Authority 2/2/2023 Minutes Page 2 Motion by Commissioner Brueggemeier to approve HRA Resolution No. 2023-03, Increasing Interest Rate on Non-Deferred Home Improvement Loans. Seconded by Commissioner Backlund. Upon a voice vote, all voting aye, Chair Showalter declared the motion carried unanimously. 4. Approval of HRA Resolution No. 2023-04, Approving Purchase of 1340 Mississippi Street N.E. Mr. Bolin provided background on the properties the HRA has purchased in the proximity of Mississippi and Old Central. He stated that 1340 Mississippi is now available for purchase by the HRA. He stated that this property, combined with the other HRA owned properties would provide over three acres of contiguous property in that corner. Commissioner Schwankl asked if this would be the time to remove the existing structures from the properties. Mr. Bolin commented that staff is still attempting to negotiate with properties to the south. He stated that once they demolish buildings on the properties, the timeclock would start for the TIF district. Commissioner Brueggemeier asked if there are any plans for development. Mr. Bolin commented that during the last Comprehensive Planning process a definite plan was not decided upon but if the larger land area is acquired, patio homes could be developed. He estimated that if the southern parcels were acquired about 15 or 20 patio homes could be built. He stated that there will be a number of joint meetings between the HRA and City Council to decide on what should be developed on the property. Commissioner Backlund believed that there were homes on the two vacant parcels to the south. Mr. Bolin commented that those sites have not been developed. He stated that there was previously construction material on those sites as they had been used as dump sites in the past. Motion by Commissioner Backlund to approve HRA Resolution No. 2023-04, Approving Purchase of 1340 Mississippi Street N.E. Seconded by Commissioner Brueggemeier. Upon a voice vote, all voting aye, Chair Showalter declared the motion carried unanimously. 5. Approval of TIF Assistance Mr. Bolin stated that at the last meeting, the HRA reviewed and provided comments on the redevelopment proposal from Roers Companies for Moon Plaza. He stated that the HRA also received some information on the TIF assistance request that would come back to the HRA. He stated that tonight the HRA will consider the formal request for TIF Assistance. Jessica Green, Development Consultant, presented information on the proposed establishment of TIF District 26 and the TIF Plan. She also provided information on the project site and the proposed boundaries of the TIF District, noting that two parcels would be included in the boundary. She provided 23 Jufn!5/ Housing and Redevelopment Authority 2/2/2023 Minutes Page 3 background information on Tax Increment Financing (TIF), how that is used to support development, as well as specific information on the TIF that would be generated by this site. She reviewed the budget for the TIF District as proposed in the TIF Plan. She also reviewed the terms for assistance to the developer, which is the next action before the HRA. She stated that based on current market conditions, the project as proposed would not happen solely through private investment in the foreseeable future. Chair Showalter stated that at the last meeting she had asked if a portion of the units could be available at a lower rate and asked if the developer has considered that request. Mr. Bolin noted that eight units would be available for those at 30 percent AMI. He noted that has always been part of the plan. Shane LaFave, Roers Companies, stated that in the last month they received an award of tax-exempt bonds from the state. He commented that typically they are not awarded until the second or third application, but this was their first application, which can be indicative of less projects happening because of higher interest rates and construction costs. He stated that this project can move forward in the timing they had hoped. He stated that the vast majority of the units would be available at 60 percent AMI, with the identified number of units at 30 percent AMI. He stated that they did review the opportunity to lower the AMI on more units, but they were not able to reach the numbers they would need to receive financing. Commissioner Brueggemeier commented that it would seem if more units were offered at 50 percent AMI, the 30 percent AMI units would not be available. Mr. LaFave confirmed that it is a mix and match as long as the same level of income is provided in the end. Chair Showalter asked the increase in gap of what would make financial sense to add more lower AMI units. Mr. LaFave stated that he did not have a per unit cost. He stated that if the desire were for ten percent of the units to be lowered to 50 percent AMI, he would estimate $600,000 to $1,000,000 would be needed to fill that funding gap. Chair Showalter commented that information is helpful and thanked the applicant for the additional information. Commissioner Backlund asked the confidence level of this planning being accurate. 24 Jufn!5/ Housing and Redevelopment Authority 2/2/2023 Minutes Page 4 Mr. LaFave commented that most of their costs have been pretty vetted as they know the acquisition cost and have had their plans bid to expect construction costs. He stated that they have built similar projects in this area recently as well with the same contractor. He stated that they have a high level of confidence that the numbers are accurate and achievable, noting that they would look to begin construction this spring. He noted that the funding award from the state also provides confidence that they will be able to secure the funding to move forward. He provided details on the process thus far, working with City staff to ensure the needs and concerns of the City are met to provide a product that best serves the community and neighborhood. Commissioner Schwankl stated that the HRA is tasked with improving the community and believed that this project which will serve workforce housing and provide affordable housing is exciting. Mr. LaFave commented that they have enjoyed working with Fridley on their projects thus far and look forward to additional collaboration. He estimated that construction would be completed in 2025. Motion by Commissioner Brueggemeier to approve HRA Resolution No. 2023-05, Approving TIF elopment of Moon Plaza. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chair Showalter declared the motion carried unanimously. 6. Approval of HRA Resolution No. 2023-06, Authorizing Execution and Delivery of a Contract for Private Redevelopment Commissioner Schwankl asked how the interest rate was determined. Ms. Green replied that five percent is the current going rate and noted -term financing comes in lower, that rate would be adjusted. Motion by Commissioner Brueggemeier to approve HRA Resolution No. 2023-06, Authorizing Execution and Delivery of a Contract for Private Redevelopment. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chair Showalter declared the motion carried unanimously. Informational Items 7. Update on Housing Programs Mr. Bolin provided an overview of the loan activitiy between mid-December and mid-January. He noted that CEE did inform him that the senior deferred funds for the year have been committed for the year. 25 Jufn!5/ Housing and Redevelopment Authority 2/2/2023 Minutes Page 5 Adjournment Motion by Commissioner Brueggemeier to adjourn the meeting. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chairperson Showalter declared the motion carried and the meeting adjourned at 7:41 p.m. Respectfully submitted, Melissa Moore City Clerk 26 Jufn!6/ AGENDA REPORT Meeting Date:March 13, 2023 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Receive the Minutes from the Housing and Redevelopment Authority Conference Meeting of January 5, 2023 Background Attached are the minutes from the Housing and Redevelopment Authority conference meetingof January 5, 2023. Financial Impact None. Recommendation Staff recommend the City Council receive the minutesfrom the Housing and Redevelopment Authority conference meetingof January 5, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the HRA Conference Meeting of January 5, 2023 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 27 Jufn!6/ Housing and Redevelopment Authority Conference Meeting January 5, 2023 5:00PM Fridley City Hall, 7071 University Avenue NE Minutes Present Elizabeth Showalter Gordon Backlund Troy Brueggemeier Rachel Schwankl Kyle Mulrooney Walter Wysopal, City Manager Paul Bolin, HRA Assistant Executive Director Joe Starks, Finance Director Tammy Omdal, Managing Director, Northland Securities Items for Discussion 1. Review of HRACash Balances and Overview of Tax Increment Financing. Tammy Omdal, Managing Director, Northland Securities, provided an overview of the HRA Financial Management Plan. Staff was available to answer questions on the plan. Tammy Omdal also explained how tax increment financing would work with the proposed redevelopment of Moon Plaza. 28 Jufn!7/ AGENDA REPORT Meeting Date:March13, 2023 Meeting Type:City Council Submitted By:Paul Bolin, Assistant Executive Director of the Housing and Redevelopment Authority (HRA) Title Resolution No. 2023-25,Supporting the Submission of a Grant Application to the Department of Employment of and Economic Development (DEED) for the Redevelopment of 5400 Main Street N.E. Background Hyde Development, has requested the assistance to obtain a grant through the Minnesota Department of Employment and Economic Development's(MN DEED)"Contamination Cleanup" grant program. Since the 2021 purchase of the 29.5-acre site, Hyde Development has contemplated redeveloping the site.Preliminary environmental investigation identified theneed for grant fundsto investigate and delineate the extent of contamination on the site. Hyde Development has a deadline of May 1, 2023 to apply for this grant funding cycle from MN DEED. TheContamination Cleanup program assists with investigations and cleanup in accordance with a Minnesota Pollution Control Agency approved response action plan (RAP). Theprogram provides funding to sites that are the most likely to be redeveloped in the very near future,and its goal is to clean up contamination allowing thesite to retain and create new jobs. The proposed development will be 343,3000 square feet. Cleanup and redevelopment work would start in the spring of 2025. Financial Impact None. The HRAwill be a conduit for this funding. Recommendation Staff recommend approval of Resolution No. 2023-25. Focus on Fridley Strategic Alignment x Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building x Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2023-25 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 29 Jufn!7/ Resolution No. 2023-25 Supporting the Submission of a Grant Application to the Department of Employment of and Economic Development (DEED) for the Redevelopment of 5400 Main Street N.E. Whereas, Hyde Development has purchased the All-Temp Storage Site, located at 5400 Main Street N.E. in the City of Fridley (City), and has made application for the industrial clean up and redevelopment of this property; and Whereas, the City of Fridley (HRA) has approved submitting a Contamination Cleanup Grant Application to the Department of Employment and Economic Development (DEED) on May 1, 2023, for the Northern Stacks IX site; and Whereas, the 23.5-acre site is heavily contaminated with pollution, and the proposed uses of the requested funds are consistent with the goals of cleanup and investigation program; and Whereas, City enthusiastically supports the developer's application for grant funds through DEED; and Whereas, the HRA will act as the legal sponsor for the project contained in the Contamination Cleanup and Investigation Grant Program application to be submitted on May 1, 2023, and the Assistant Executive Director is hereby authorized to apply to DEED for funding of this project on behalf of the HRA: and Whereas, the HRA has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and Whereas, the sources and amounts of the local match identified in the application are committed to the project identified; and Whereas, the HRA has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and Whereas, upon approval of its application by the state, the Fridley HRA may enter into an agreement with the State of Minnesota for the above referenced project(s), and the Fridley HRA certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. Now, therefore be it resolved, that the City of Fridley supports the application to DEED for grant funds and recognizes that the Chairperson and the Assistant Executive Director, are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. th Passed and adopted by the City Council of the City of Fridley this 13 day of March, 2023. 2: Jufn!7/ ________________________________________________ Scott J. Lund - Mayor Attest: _______________________________________ Melissa Moore City Clerk 31 Jufn!8/ AGENDA REPORT Meeting Date:March13, 2023 Meeting Type:City Council Meeting Submitted By:Melissa Moore, City Clerk Beth Kondrick, Deputy City Clerk Title Resolution No. 2023-26, Scheduling a Public Hearing on March 27, 2023 to Consider Ordinance No. 1406, Creating Title No. 3 (Health, Safety, and Welfare) of the Fridley City Code and the Chapters Contained Therein, Amending the Fridley City Code Chapter 209, Fees, and Amending theFridley City Code Chapter 203, Administrative Citations Background Pursuant to Minnesota Statute § 415.02and Fridley City Charter (Charter) § 1.02, the Fridley City Council (Council)may codify and publish ordinances that carry the force and effect oflaw for the City of Fridley (City), which may be arranged into a system generally referred to as the Fridley City Code (Code). Furthermore, Charter § 3.10 provides for the recodification of the Code at least every 10 years.At its August 23, 2021 meeting the FridleyCity Council adoptedResolution No. 2021-67formally authorizing recodification of the Code. At its Conference Meetingsheld on October 24, 2022 and January 23 and February 27, 2023, the Council heard presentationsfrom staff on proposed changes to chapters of the Code, effectively creating Title No. 3(Heath, Safety and Welfare). When the Council approved recodification, it directed ample opportunity for public input and transparency. This is enabled by discretionary public hearings to receive comment on the proposed amendments to the Code. Resolution No. 2023-26 formally schedules such a public hearing on March 27, 2023. Ordinance No. 1406 proposes amendingor addingthe following chapters tothe Code: Animal ControlFalse Alarms Boats and WatercraftFire Prevention Civil DefenseLiquor Consumption Use or Display CurfewSexually Oriented Businesses Dangerous WeaponsSnowmobileRegulations DispositionSolid Waste Disposal and Recycling Drugs, Paraphernalia, and Collection Prohibited SubstancesTrespassing. Ordinance No. 1406 proposes repeal of the following chapters from the Code: Air Quality Public Safety Department Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 32 Jufn!8/ !Barbiturate Drugs !Fire Department Service Charges !Codeine Drugs !Glues and Related Substances !Drugs and Paraphernalia !Public Sanitation Facilities. Ordinance No. 1406 proposes a revision to Chapter 209, Fees to make certain structural changes that coincide with proposals in Title No. 3. The ordinance also includes a revision to Chapter 203, cesses into one chapter that will be referred to throughout the Code. Resolution No. 2023-26 schedules a public hearing to consider Ordinance No. 1406 at the next Council meeting on March 27, 2023. Financial Impact None at this time. Discussion Staff recommend the approval of Resolution No. 2023-26. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2023-26 !Exhibit A: Ordinance No. 1406 (Draft) !Exhibit B: Public Hearing Notice (Draft) Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 33 Jufn!8/ Resolution No. 2023-26 Scheduling a Public Hearing on March 27, 2023 to Consider Ordinance No. 1406, Creating Title No. 3 (Health, Safety, and Welfare) of the Fridley City Code and the Chapters Contained Therein, Amending the Fridley City Code Chapter 209, Fees, and Amending the Fridley City Code Chapter 203, Administrative Citations Whereas, pursuant to Minnesota Statute § 415.02 the City of Fridley (City) is authorized to create ordinances which serve as prima facie evidence of the law of the City; and Whereas, pursuant to the Fridley City Charter (Charter) § 1.02, the City may pass ordinances for maintaining and promoting the peace, good government and welfare of the City; and Whereas, § 3.10 of the Charter requires the City to codify its ordinances every ten years; and Whereas, the Fridley City Council (Council) adopted Resolution No. 2021-67 on August 23, 2021, which authorized a full recodification of the Fridley City Code; and Whereas, to enable as much transparency and public input as possible, the Council directed that public hearings shall be called for prior to the first reading of any ordinance proposing to update the Code through the recodification effort; and Whereas, the Council finds it prudent to conduct a discretionary public hearing to take public comment on this proposed amendment to the Fridley City Code. Now, therefore be it resolved, that the City Council of the City of Fridley hereby schedules a public hearing for Monday, March 27, 2023 in the Council Chambers of the Fridley Civic Campus, 7071 University Avenue N.E., at 7:00 p.m. to consider an amendment to the Fridley City Code as found in Ordinance No. 1406. th Passed and adopted by the City Council of the City of Fridley this 13 day of March, 2023. ________________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 34 Jufn!8/ Ordinance No. 1406 Creating Title No. 3 (Health, Safety, and Welfare) of the Fridley City Code and the Chapters Contained Therein, Amending the Fridley City Code Chapter 209, Fees, and Amending the Fridley City Code Chapter 203, Administrative Citations The City Council of the City of Fridley does ordain, after review, examination and staff recommendation that the Fridley City Code be amended as follows: Section 1 That the Fridley City Code Chapter 101, Animal Control, be hereby amended as follows: Fridley City Code Chapter 101.300 Animal Control 300.01 Purpose The Fridley City Council (Council) finds that animals are an important part of the community in that they provide companionship, recreation, and protection for many citizens. The Council further finds that, if not properly treated and controlled, animals can become a nuisance and a hazard to persons and property and that, therefore, the reasonable regulation of animals is necessary to provide for the public health, safety, and general welfare in the City of Fridley (City). 101.01300.02 Definitions The following definitions shall apply in the interpretation and application of this Chapter. and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Accredited Institution An educational institution holding accredited status which has been licensed or registered by the Minnesota Office of Higher Education at the time the registrant obtained his or certificate. 2. Animal: every living creature except the human race. 3. Animal Control Authority: the Fridley Public Safety Department is hereby designated as the Animal Control Authority. 4. Animal Control Officer: any individual designated by the City Manager or their designee to enforce the provisions of this Chapter, including all City community service officers and police officers. 35 Jufn!8/ 5. Animal Shelter: any premises designated by the City Council for the purpose of impounding and caring for animals held under the authority of this Chapter, receiving registrations, license applications, and proof of vaccinations for such animals, and issuing licenses and tags for such animals. The facility may be owned by the City or may be a contracted shelter service. 6. Animal Tag: an tag provided to individuals who are issued a license to maintain an animal. 7. Apiary: the assembly of one or more colonies of bees on a single lot. 8. Apiary Site: the lot upon which an apiary is located. 9. Beekeeper: a person who owns or has charge of one or more colonies of honeybees or a person who owns or controls a lot on which a colony is located whether or not the person is intentionally keeping honeybees. 10. Beekeeping Equipment: anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom board and extractors. 6. Birds: any of the class of warm-blooded vertebrates distinguished by having the body more or less covered with feathers and the forelimbs modified as wings. 7. Cat: any animal of the feline Felis catus species. 8. Chicken: A chicken (Gallus gallus domesticus) a domesticated type of fowl that serves as an egg or meat source. 9. Clucking : the sound uttered by a hen when laying eggs, brooding, or in calling her chicks. 10. Coop: the structure for the housing of chickenspoultry permitted by this Chapter. 11. Colony: an aggregate of honeybees consisting principally of workers, but having, when perfect, one queen and at times drones, brook, combs and honey. 12. Crowing: the sound uttered by a rooster. is the ÓsingingÔ of the rooster. Roosters crow for many reasons including: reacting to a disturbance, reacting to almost any kind of sound, guarding their territory, feeling threatened, a predator ÓtrespassingÔ on their territory, or just communicating with other chickens. 13. Cruelty or Torture: every act, omission or neglect whereby unnecessary or unjustifiable pain, suffering or death shall will be caused or permitted. 14. Dangerous Dog: any dog which has been declared to be a dangerous dog pursuant to this Chapter and Minnesota Statutes (M.S.) Sections §§ 347.50 to 347.565 as may be amended from time to time. 36 Jufn!8/ 15. Dog: any animal of the canine species. 16.Great Bodily Harm: great bodily harm shall will have the meaning provided in Minnesota Statute M.S. § 609.02, subd. 8, as amended from time to time. 17. Hen: a female chicken. 18. Hive: the receptacle inhabited by a colony. 19.Honeybee: all life stages of the common domestic western honeybee (apis melliferaApis mellifera). This definition does not include wasps, hornets, African subspecies or Africanized hybrids. 20. Kennel: place where two or more dogs, cats, or any combination thereof are kept: 1. For the business of selling, boarding for a fee, breeding for sale, training or some other enterprise intended primarily for-profit making purposes; and 2. are licensed by the Minnesota Board of Animal Health. 21. Livestock: horses, cattle, goats, rabbits, sheep, swine, fowl, and other animals used for utility. 22. License: the authority to keep an animal within the City of Fridley. 23. Licensee: any person who has applied and received approval of a City license. 24. Multiple Pet Location: any residential lot where an occupant of the residence desires to keep keeps more than three dogs, cats or any combination thereof that are at least six months of age as pets. 25. Nucleus Colony: small quantity of honeybees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers. 26. Owner: the license holder or any other person or persons, firm, association, organization or corporation owning, keeping, possessing, having an interest in, having custody or control of or harboring a dog. Any person keeping or harboring a dog for five consecutive days is an owner thereof for the purposes of this Chapter. 27. Pet Shop Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species. 37 Jufn!8/ 28. Potentially Dangerous Dog: any dog which has been declared to be a potentially dangerous dog pursuant to this Chapter and Minnesota Statutes M.S. Section §§ 347.50 to 347.565, as amended from time to time. Poultry: A domesticated chicken fowl of the species Gallus gallus and domesticated duck fowl of the Mallard (Anas platyrhynchos) and Muscovy Duck (Cairina moschata). 29. Proper Enclosure: A proper enclosure a structure where an animal is confined, held, or kpetkept meeting the requirements of shall have the meaning provided in M.S Minnesota Statute Section § 347.50, subd. 4, as amended from time to time. 30. Provocation: provocation shall will have the meaning provided in M.S.Minnesota Statute Section § 347.50, subd. 8, as amended from time to time. 31. Queen: an adult mated female that lives in a honeybee colony or hive that is usually the mother of most, if not all, of the bees in the beehive. A queen is developed from larvae selected by workers bees and specifically fed in order to become sexually mature. 32. Rodents: a destructive or nuisance animal including such animals as rats, mice, moles, voles and other wild animals that are dangerous to the welfare of the public. 33. Rooster: A rooster is a male chicken. 34. Run: a fully enclosed and covered area attached to a coop where the chickenspoultry can roam unsupervised. Service Animal: a dog or other animal approved by the American Disabilities Act that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the animal must be directly related to the person's disability. 40. Substantial Bodily Harm: substantial bodily harm shall will have the meaning provided in Minnesota StatuteM.S. § 609.02, subd. 7a, as amended from time to time. 36. Super: a box that holds the frames where bees will store the honey for harvest. 37. Swarming: the process where a queen bee leaves a colony with a large group of worker bees in order to form a new honeybee colony. Tag: an item provided to individuals as proof that they have been issued a license to maintain an animal. 38. Under strict control refers to a dog or cat and is defined as: A. 1. The animal may not leave the property; 38 Jufn!8/ B. 2. If the animal is let outside, the owner must be present at all times and it must be either inside a fenced in yard or on a leash; C. 3. The animal may run free inside the residence; however, the animal must be contained or put into a separate room when visitors are present; and D. 4. The animal's owner must immediately notify the Public Safety Department if the animal shows any sign of illness or aggression. 39. Unusual Aggressive Behavior: any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. Provocation is an act that an adult could reasonably expect may cause a bee to sting or attack. 40. Veterinary Hospital: any establishments maintained and operated by a licensed veterinarian for the diagnosis, care and treatment of diseases and injuries of animals. 41. Waterfowl: includes these species of birds commonly known as geese, ducks, gulls and swans and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service. (Ref 1259) 42. Wild Animals: all living creatures not human, wild by nature. 101.02. 300.03 Taking Wild Animals and Birds 1. Taking Wild Animals and Birds (Ref Ord 1227) Except as provided in Section 101.02.2 300.03 (2) regarding nuisance wildlife control measures, it shallwill be unlawful for any person to hunt, take, shoot, trap, kill, injure or attempt to injure any wild animal or bird within the City of Fridley by use of a firearm, bow and arrow, trap, poison or any other means. Nothing in this Section, however, shallwill prevent property owners or their agents from eradicating rodents on their property through the use of traps, poisons or other such lawful means, nor shallwill it prevent an agent of the City from trapping, immobilizing or killing a wild animal or bird for reasons of public safety or for reasons of humane destruction following injury. 2. Nuisance Wildlife Control Measures (a) It shallwill be unlawful to hunt, take, shoot, trap, or kill any wild animal or bird within the City of Fridley without first creating a wildlife control plan and having met the following conditions:obtained a temporary nuisance wildlife control permit from the City. No permit shall be issued except upon the review and approval of a nuisance wildlife control plan and then only under the following conditions: 39 Jufn!8/ (1) A special permit, authorizing Authorization of wild animal or bird removal shallmust first be secured from the Minnesota Department of Natural Resources and any federal agency mandated to regulate the taking of the species to be removed as may be required. (2) An indemnification agreement shallmust be submitted holding harmless the City of Fridley from any suits arising from any damages resulting from the CityÔs approval of the nuisance wildlife control programplan. (b) In addition to any other requirements as may be deemed necessary, the nuisance wildlife control plan shallmust at a minimum: (1) Include a site plan of the property upon which nuisance wild animals or birds are to be taken; (2) Identify the species and number of wild animals or birds to be taken and the method of disposal; (3) Describe the proposed manner of taking and incorporate appropriate safety standards as identified by the Minnesota Department of Natural Resources and public safety officials; (4) Provide complete identification, credentials and qualifications of all persons involved in the taking; (5) Identify the measures to be used to secure the property from public intrusion during any taking of the wildlife. (c) The City Manager or their designee has the authority to approve, modify or deny a nuisance wildlife control plan, taking into account the health, safety and welfare of the public. (d) No person shallwill intentionally disrupt a nuisance wildlife control program plan conducted pursuant to this Section by any means including but not limited to the use of noise, lights, chemicals, or by the intrusion into a restricted area where a nuisance wildlife control program plan is taking place. 3. Prohibition of Waterfowl Wildlife Feeding (a) It shallwill be unlawful to provide food (including food by-products, garbage or animal food) to waterfowl wildlife on City of Fridley owned park land.in the City. This shall includes placing food or allowing food to be placed on the ground, shoreline, waterbody, or any structure, unless such items are screened or protected in a manner that prevents waterfowl wildlife from feeding on them. Small backyard birdfeeders are exempt from this prohibition and must be placed at least six feet above ground level. 3: Jufn!8/ (b) This prohibition shalldoes not apply to veterinarians, Animal Control Officer, or county, State or Federal game officials who in the course of their duties have waterfowl any wildlife in custody or under their management. (c) This prohibition shalldoes not apply to persons authorized by the City of Fridley to implement the Canada Goose management program and any future waterfowl wildlife management programs approved by the City Council. (d) This prohibition shalldoes not apply to any food placed upon the property for purposes of trapping or otherwise taking waterfowlwildlife, where such trapping or taking is pursuant to a permit issued under Section 101.02.2300.03 (2). (ref 1260) 101.03300.04 Livestock Control 1. License Requirement (a) No person shallwill engage in the keeping, raising, feeding or caring for livestock within the in the City limits of Fridley without first having obtained a license to do so. (b) Any person keeping, raising, feeding, or caring for horses, cattle, goats, sheep, or swine must provide no less than one acre of open, unused land for each animal. 2. License Procedure (a) A license to keep livestock shallwill be granted only after written application, signed by the applicant, is filed with the City Manager or their designee. The application shallmust state the applicant's full name and address and contain the number and species of the livestock to be kept and a scaled site plan of the premises showing the adjoining property and fence lines. (b) The City Manager or their designee, shallwill review the application and site plan and inspect the property to determine the possible effects on adjoining properties, housing facilities, sanitation control and the effect on the general health, safety and welfare of the public. When the City Manager or their designee, has determined that the applicant has substantially demonstrated that there will be no adverse effects upon adjoining properties, housing facilities, sanitation control, as well as the general health, and has otherwise met all other licensing requirements the City Manager or their designee shallwill issue the license. (Ref 1324) (c) An applicant may appeal the denial, revocation, or non-renewal of a license issued under this Section pursuant to the appeal procedures set forth in Section 300.22 of this Chapter. (c) Any person keeping, raising, feeding or caring for horses, cattle, goats, sheep or swine shall provide no less than one acre of open, unused land for each animal. 41 Jufn!8/ (d) The license term, license fee, and license renewal fee are established in the Fees chapter of the Code. 3. Manure Removal Persons who keep animals livestock within the City shallmust not allow any odors which are offensive to the people inhabiting the City such that they constitute a nuisance as defined in Chapter 110, of the City Code. Organic matter shallmust not be allowed to accumulate for more than five business days at a time. However, organic matter shallmust be removed more often than one time per five business days if it is necessary to eliminate any odors that constitute a nuisance. 4. Housing Proper housing in the form of barns, coops or hutches shallmust be provided in any area where livestock are permitted to roam. Such housing shallmust be adequately fenced to ensure that the livestock remain on the owner's premises. When livestock are kept in an area that abuts or adjoins a residential area on which dwellings are erected, there shallmust be a strip of land at least 30 feet wide between such abutting property and the area on which the livestock are kept. 5. Inspection Any authorized Animal Control Officer shallwill, at any reasonable time, be permitted upon the premises where livestock are kept for the purpose of making an inspection to determine compliance with this Chapter. 101.04300.05. ChickensPoultry (Ref Ord 1349) 1. Purpose. The keeping of chickens or ducks on a small scale for the purpose of raising such animals to have access to fresh eggs, meat, or feathers is of growing interest in the community. This section addresses the CityÔs desire to protect the health and safety of such animals and residents. A. The purpose of this ordinance is to allow for the keeping of chickens on a small-scale basis and to address the negative impacts such as noise and odors that may result and that are atypical in urban areas. B. The keeping of chickens, sometimes referred to as Ñurban chickensÒ or Ñcity chickensÒ is a movement spreading across the state and country. The urban chicken movement allows for the keeping of chickens on a small-scale for the purpose and desire of people to be closer to their food sources. This movement allows people to raise chickens in an urban environment to have access to fresh eggs on a regular basis for their own individual use and consumption. 2. License Required 42 Jufn!8/ (a) No person shallmay keep, harbor, maintain or allow the keeping of chickenspoultry on any property in the City without an approved license. If the applicant is a tenant, they must also provide proof of approval of by the property owner permitting the keeping of chickens poultry on the property. (b) Education and training on how to raise chickenspoultry is required for the individual prior to the issuance of the initial license by the City. At the time of application for licensing, the individual must submit proof of completion of an approved educational course on the care and keeping of chickens poultry. (c) The application for licensing must be upon a form provided by the City. The applicant must pay for a license fee as set forth in the Fees chapter of the Code. All required information must be complete, including the number and breed of chickenspoultry, a diagram or photograph of the proposed coop and run, description of sanitation control and a description on how chickenpoultry feed will be maintained or stored. (d) A site plan of the property showing the location, size, and setback requirements of the proposed chickenpoultry coop and run shall be is required. (e) The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. (f) If the licensee fails to maintain the standards of practiceconditions set forth below subsequent to issuance of the license, the City Manager or their designee license may revoke the license. (g) Within six months of the effective date of this Section, individuals who have been keeping chickens in the City must either apply for and receive a license or remove the chickens and structures from property. (h)(g) The license shallwill be valid until April 30 of each calendar year following initial issuance and must be renewed prior to annual expiration by submitting a renewal form provided by the City and the required renewal fee.The license term, license fee, license renewal fee, and impound fee are established in the Fees chapter of the Code. (h) An applicant or licensee may appeal the denial, revocation, or non-renewal of a license issued under this Section pursuant to the procedures set forth in Section 300.22 of this Chapter. 3. Location and Size of Coop and Run 43 Jufn!8/ (a) Residents on properties zoned R-1, Single Family Residential may be permitted to keep and raise chickenspoultry as a hobby with a license and shall be limited to a maximum combination of six chickens poultry per property. (b) Coop and run area must be located in the backyard and must be located a minimum of 3010 feet from all adjacent property lines and 30 feet from any neighboring structure. (c) Coop and covered run area shall beis limited to no more than 60 120 square feet. (d) Coop size shallmust not be not less than three square feet per bird, be weatherproof and fully enclosed. (e) The coop shallmust comply with current zoning and building codes. The coop shallmust be constructed with architecturally appropriate building materials including exterior grade siding and either a metal, composite or shingled roof. In the alternative, coop may be purchased from a commercial source that constructs structures specifically to be used as coops for chickenspoultry. (f) The run shallmust have a fence around the enclosure and shallmust be securely constructed with mesh type material. (g) The run shallmust have protective overhead netting or fencing to prevent the chickens poultry from roaming freely and to protect them from other animals. (h) If the keeping of chickenspoultry has been discontinued for more than 12 consecutive months, the licensee must remove the coop and run and restore the site within five business days. 4. Conditions (a) There shall be a maximum of six chickens kept on site at any one time.No more than six poultry may be kept on site at any one time. (b) There shall be no roosters or loud clucking hens permitted on site.No roosters will be permitted. (c) There shall be no chickens No poultry are to be allowed or kept inside of any residential garage or dwelling unit. (d) Chickens Poultry shallmust be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attraction of predators. (e) Chickens Poultry shallmust be confined to the chicken coop and run area and may not roam free on the property. 44 Jufn!8/ (f) Housing facilities and grounds shallmust be maintained in a clean and sanitary condition, and kept in good repair. Flies, rodents, and noxious odors shall must be controlled. Facilities shallmust be kept free of fecal matter and collected fecal matter shallmust be properly stored and disposed of weekly. (g) If chickens poultry are to be maintained during the winter months, the chicken coop shallmust be winterized to protect the chickensbirds in cold weather. (h) Chickens Poultry shallmust be fed within the confines of the chicken coop or run area. Feed shallmust be stored in leak-proof containers with a tight-fitting cover to prevent attracting vermin. (i) The raising of chickens poultry for breeding purposes is prohibited on residentially used or zoned properties. (j) There shallwill be no slaughtering or butchering of any chickens poultry on residential properties within the City of Fridley. 5. Inspection As a part of the initial license application or annual renewal each resident must allow an inspection of the coop and run area by the City. The City Manager or their designee shall havehas the right to inspect any coop and run for the purpose of ensuring compliance with this Section between 8 a.m. and 5 p.m. Monday through Friday upon providing prior notice to the owner of the property. In the case of a complaint regarding the coop and run, the site may be inspected by the City without prior notice. In the event the licensee moves to a new residential lot within the City of Fridley, the licensee is required to complete a new license application for the new location. 1. Appeal and Hearing Procedure (a) Licenses issued under this Section may be denied, revoked or non-renewed due to any of the following: (1) The keeping of chickens in a manner which constitutes a nuisance to the health, safety or general welfare of the public; (2) A chicken may be impounded by the City pursuant to City Code Section 300101.11 if it is found to be in violation of this Section. After being impounded for five business days without being reclaimed by the owner, it may be humanely euthanized or sold. A person reclaiming any impounded chickens shall pay the cost of impounding and boarding of the chicken(s). 45 Jufn!8/ (3) Fraud, misrepresentation, or a false statement contained in the registration application or during the course of the registered activity; or (4) Any violation of the applicable provisions in this Chapter. (b) Notice of approval, denial, revocation or non-renewal must be made in writing to the applicant. The applicant may request a hearing by submitting a written request to the City Manager or their designee within 14 business days of the date of the notification letter. (c) The Planning Commission shall hold a hearing on a contested approval, denial, revocation, or non-renewal. The appeal process to be used shall be the same process described in Section 128.06 of the City Code. At the hearing, the applicant may speak and may present witnesses and other evidence. Upon the conclusion of the hearing, the Planning Commission shall issue a written decision that includes findings of fact. The City shall provide the applicant with a copy of the Planning Commission decision. The applicant may appeal the CommissionÔs decision to the City Council by submitting a written request to the City Manager or their designee within 14 business days of the date of the Planning Commission decision. 101.05.300.06 Beekeeping (Ref Ord 1349) 1. Purpose Honeybees are an asset to the community and important in the pollination of plants and production of honey and other products. The purpose of this Section is to allow for the hobby of keeping honeybees and to establish certain requirements for beekeeping within the City, to avoid issues which might otherwise be associated with beekeeping in populated areas. 2. Beekeeping License Required (a) No person shallmay keep, harbor, maintain or allow to be kept any hive or other facility for the housing of honeybees on or in any property in the City without an approved license. If the applicant is a tenant, they must also provide proof of approval by the property owner permitting the keeping of bees on the property. (b) Beekeeping training and education is required for the beekeeper prior to the issuance of the initial beekeeping license by the City. At the time of application for licensing, the beekeeper must submit a certificate of completion of an approved honeybee keeping course from an accredited Minnesota institution. 46 Jufn!8/ (c) The license application of licensing must be upon a form provided by the City. All required information must be complete. The license term, license fee, and license renewal fee are established in the Fees chapter of the Code. (d) Each apiary site must apply for a license and receive approval a license from the City prior to bringing any honeybees into the City. (e) The beekeeping license shallwill be valid until April 30 of each calendar year following initial issuance and must be renewed prior to annual expiration by submitting a renewal form provided by the City and paying the required renewal fee in the amount set forth in the Fees chapter of the Code. (f) Upon receipt of an application for initial license, the City will send written notice to all owners of properties located within 200 feet of the property line of the apiary site identified on the application. Any objections must be made in writing and received within 14 business days of mailing the notice. (g) The license may be denied if the City receives a written objection from a resident living within the designated notification area who provides reasonable evidence that he or she or a member of their household has an allergy to honeybee venom. (h)(f) The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. (i)(g) If the licensee fails to maintain the standards of practiceconditions set forth in the Required Conditions Section subsequent toafter issuance of a beekeeping license, the City Manager or their designee may revoke the license. (j) Beekeepers operating in the City prior to the effective date of this Section must either apply for and receive a license or remove the bees and structure within six months of the effective date. (h) An applicant or licensee may appeal the denial, revocation, or non-renewal of a license issued under this Section pursuant to the procedures set forth in Section 300.22 of this Chapter. 3. Colony Location (a) Residents on properties zoned R-1, Single Family Residential may be permitted to keep and raise honeybees as a hobby and shall beare limited to two colonies per property. (b) Hives must be located in the backyard and must be located a minimum of 3010 feet from all property lines and 30 feet from any neighboring structure. 47 Jufn!8/ (c) If any licensed beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, that person shallwill not be considered to be in violation of the colony density restrictions in of this Section if the following conditions are met: (1) The person temporarily houses the honeybees at an apiary site of a beekeeper licensed by the City; (2) The honeybees are not kept for more than 30 days; and (3) The site remains in compliance with the other provisions of this Section. 4. Required Conditions (a) No more than two colonies may be kept on the property at one the same time. (b) For each colony permitted to be maintained in this Section, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard nine and five-eighths inch depth box, ten frame hive body with a maximum of five supers. (c) Honeybee colonies shallmust be kept in hives with removable frames which shall must be kept in sound and usable condition. (d) Each colony on the apiary site shallmust be provided with a convenient source of water which must be located within 10 feet of each active colony. (e) Materials from a hive such as wax combs or other materials that might encourage robbing by other bees shallmust be promptly disposed of in a sealed container or placed within a building or other bee and vermin proof enclosure. (f) Beekeeping equipment must be maintained in good condition, including keeping the hives free of chipped and peeling paint if painted, and any unused equipment must be stored in an enclosed structure. (g) Hives shallwill be continuously managed to provide adequate living space for their respective honeybees in order to prevent swarming. (h) In any instance in which a colony exhibits unusual aggressive behavior, it shall beis the duty of the beekeeper to promptly re-queen the colony. (i) Honey may not be sold from any residential property. 5. Inspection 48 Jufn!8/ As part of the initial application or annual renewal, each beekeeper must allow an inspection of the apiary site. The City Manager or their designee shall havehas the right to inspect any apiary for the purpose of ensuring compliance with this Sectionn between 8 a.m. and 5 p.m. Monday through Friday upon providing prior notice to the owner of the apiary property. In the case of a complaint regarding the apiary, the apiary site may be inspected by the City without prior notice. In the event the licensee moves to a new residential lot within the City of Fridley, the licensee is required to complete a new license application for the new location. 6. Appeal and Hearing Procedure (a) Licenses issued under this Section may be denied, revoked or non-renewed due to any of the following: (1) The keeping of honeybees in a manner which constitutes a nuisance to the health, safety or general welfare of the public; (2) Fraud, misrepresentation, or a false statement contained in the license application or during the course of the licensed activity; or (3) Any violation of the applicable provisions in this Chapter. (4) Objection by a resident as stated in this Chapter. (b) Notice of approval, denial revocation or non-renewal must be made in writing to the applicant and to any person opposing the initial application specifying the reason(s) for the action. The applicant or any person opposing the application may request a hearing by submitting a written request to the City Manager or their designee within 14 business days of the date of the notification letter. (c) The Planning Commission shall hold a hearing on a contested approval, denial, revocation, or non-renewal. The appeal process to be used shall be the same process described in Section 128.06 of the City Code. At the hearing, the applicant and any person opposing the initial application may speak and may present witnesses and other evidence. Upon the conclusion of the hearing, the Planning Commission shall issue a written decision that includes findings of fact. The City shall provide the applicant and any opposing party with a copy of the Planning Commission decision. The applicant may appeal the CommissionÔs decision to the city council by submitting a written request to the City Manager or their designee within 14 business days of the date of the Planning Commission decision. 101.06 300.07 Animal Nuisance 49 Jufn!8/ It shall beis unlawful for any person to own, keep, or harbor any animal which is considered a nuisance. (Ref. 979.) For the purpose of this Chapter, an An animal nuisance shallwill exist under any of the following conditions: 1. The animal is not confined to the owner's or custodian's property by adequate fencing or leashing. 2. The animal is off the premises of the owner or custodian and is not under the control of the owner or custodian by a leash. Such leash shall not exceeding (8) six feet in length. This provision is not applicable when an animal is in a motor vehicle. 3. The animal commits causes damage to the person or property of anyone other than the owner, or creates a nuisance, as defined in this Chapter or in Chapter 110, of the City Code, upon the property of one someone other than the owner. This provision is not applicable when the animal is acting in defense of the owner, the owner's family or the owner's property. 4. A female animal is in heat and off the premises of the owner, unless confined while being transported to or from the premises of the owner. This provision is applicable when a female animal is in heat and is on the premises of the owner, but is not kept in a building or secure enclosure where it cannot be in contact with other males of its kind, except for planned breeding. 5. The animal barks, howls, cries, yelps, or makes any other noise habitually and/or repetitively that the person who owns, keeps, or harbors the animal knows, or has reasonable grounds to know that it will, or tend to, alarm, anger or disturb other persons residing in the vicinity thereof. (Ref. 979. ) 6. The animal chases vehicles or otherwise interferes with pedestrians, automobiles, bicycles, motorcycles, motor bikes or snowmobiles on public streets, alleys, properties or highways. 7. The animal is not currently vaccinated against rabies as evidenced by the certificate of an authorized veterinarian. (Ref 1313) 8. Any lot or premises on which four or more dogs or cats, or any combination of four or more dogs or cats, at least six months of age, are kept. Additional animals may be kept in nonresidential zones that meet the City's zoning requirements for a kennel license. (Ref 979.) 9. Any person 18 years of age or older or the parents or guardians of any person under 18 years of age who owns, harbors or keeps a dog, allows such dog to run at large in the City. The age of such dog is irrelevant. 10. 8. Any person having the custody or control of any animal does not clean up feces of the animal and dispose of such feces in a sanitary manner. 4: Jufn!8/ 11. 9. Any person having the custody or control of any animal allows such animal to defecate on the private property of anyone other than the owner. 12. 10. When on a park or public land, any person having the custody or control of any animal does not immediately remove any feces left by such animal and dispose of such feces in a sanitary manner or does not have in possession a device or equipment for the picking up and removal of animal feces. The provisions of this Section shalldoes not apply to a guide dog accompanying a blind person or dogs involved in public safety rescue activities. 13. 11. To allow an animal on the premises of any bathing beach or the City Community Park, whether ridden, lead, carried, or running at large. (Ref. 979.) 101.07 300.08. Dog Licensing 1. License (a) No person shallmay own, keep or harbor any dog over the age of six months within the City unless they have registered and received a dog license from the City. A license shallwill be issued by the City upon the submission of a completed application, proof of rabies vaccination, payment of a license fee, and satisfaction of all of the requirements of this Chapter. The license shall beis valid for the life of the dog. and is transferable to a new owner, provided notice of the transfer is provided to the City Manager or their designee pursuant to this Chapter. The license is not transferable. (b) The application shall include the ownerÔs name, address, phone and e-mail address; the dogÔs name, age, breed, color, and sex; and proof of rabies vaccination. The application for licensing must be upon a form provided by the City. All required information must be complete. No license shallwill be issued for a dog upon which proof of vaccination has not been provided at the time of the application. (c) It shall beis the ownerÔs responsibility for maintaining current vaccinations at all times. The owner must provide proof of current rabies vaccination upon request or demand by the CityÔsan agent of the City, the Animal Control Officer, Animal Control Authority, or an individual that may have been harmed, injured, or bitten by the dog. (d) The license fees are established in the Fees chapter of the Code. (1) licensing authority; (2) Animal Control Officer; (3) Animal Control Authority; or (4) individual that may have been harmed, injured or bitten by the dog. 51 Jufn!8/ 2. Tag (a) An animal tag shall will be issued by the City for all licensed dogs. The owner shall will affix the tag to the collar or harness of the licensed dog in such a manner so that the tag may be seen. The owner shall will see to it that the tag is constantly worn by the dog. In case any tag is lost, a duplicate may be issued by the City. A feecharge, as provided by the Fees Chapter 11 of this Code, shall will be madeassessed for each duplicate tag. (b) It shall beis unlawful for any person to do any of the following: (1) counterfeit or attempt to counterfeit a dog tag; (2) remove a valid tag for any purpose; (3) to own, keep or harbor a dog wearing a counterfeit, fictitious, altered, or invalid license tag;. (4) to own or keep a license tag not issued in connection with the licensing or keeping of the dog wearing the same. (c) Dog tags shall are not be transferable to another dog and no refunds shall will be made on a license fee because of transfer of the dog out of the City or death of the dog. 3. Death of Dog Any person to whom a dog license is issued must notify the City Manager or their designee in writing of the death of the dog for which the license was issued. Within 30 days of the death of the dog, if requested by the City Clerk or their designee, the owner shall execute an affidavit under oath setting forth the circumstances of the dogÔs death and disposition. 4.3. Transfer of Dog. City-issued dog licenses are not transferable to a new owner in the City. (a) Transfer Within the City. Any person to whom a dog license is issued must notify the City Manager or their designee in writing of the transfer of the dog to a new owner, if applicable, and new location within the City where the dog will reside. Within 30 days of the transfer of the dog, if requested by the City Manager or their designee, the owner shall execute an affidavit under oath setting forth the complete name, address, and telephone number of the person to whom the dog has been transferred, if applicable, and the address within the City where the dog has been relocated. (b) Transfer Outside the City. Any person to whom a dog licensed is issue must notify the City Manager or their designee in writing of the transfer of the dog to a new owner, if applicable, and new location outside of the City where the dog will reside. Within 30 days of the transfer 52 Jufn!8/ of the dog, if requested by the City Clerk, the owner shall execute an affidavit under oath setting forth the complete name, address, and telephone number of the person to whom the dog has been transferred (if applicable) and the address outside of the City where the dog has been relocated. 101.08 300.09 Revocation 1. A dog license may be denied or revoked if: (a) The person to whom such license is issued violates Section 101. 06300.07 related to animal nuisance or violates Section 101.07300.08 related to dog licensing three times within a 12- month period or five or more times within the dogÔs lifetime; or (b) The person to whom such license is issued violates the terms of Minnesota StatutesM.S. Chapter 343 related to cruelty to animals; (c) The person to whom such license is issued violates the terms of Minnesota StatutesM.S Chapter 347 or the City Code Section § 300.12 of this Code related to the regulation of potentially dangerous or dangerous dogs; (d) The person violates any other provision of the City Code, or other applicable law, rule, or regulation related to the keeping of animals; (e) The Animal Control Officer determines that the dog poses a substantial risk to public safety or the wellbeing of the community. 2. An Animal Control Officer shall will send written notice of the denial or revocation to the person to whom such license was issued. The notice shall will state the basis for the denial or revocation and that an appeal hearing may be requested, in writing, addressed to the City Manager or their designee, within 14 business days of the date of the notice. The appeal shall will be heard by the City Council. 3. Any person whose dog license is denied or revoked shallwill, within 14 days of the date of the notice of denial or revocation, appeal the decision as required by Section 101.08,300.22 remove the dogs permanently from the City, or euthanize of any and all dogs owned, kept or harbored by such person. No part of the license fee shall will be refunded unless the person prevails on appeal. If any member of a householdan individual is prohibited from owning a dog by reason of license revocation, denial, or any other provision of this Chapter, unless specifically approved with or without restrictions by the City, no person in the individualÔs household is permitted to own, keep or harbor a dog in the City, unless specifically approved with or without restrictions by the City. 4. If a dog license is denied or revoked by the City, no new dog license may be issued for a period of three years from date the license is denied or revoked, and any person who has had their dog 53 Jufn!8/ license revoked may not own a dog within the City without such license. Beginning three years after a revocation under this Section that prohibits a person from owning a dog, and annually thereafter, the person may request in writing that the City Manager or their designee review the prohibition. The City Manager or their designee may consider such facts as the seriousness of the violation or violations that led to the revocation, any criminal convictions, or other facts deemed appropriate. The City Manager or their designee may recommend that the City rescind the revocation entirely or rescind it with limitations. The City Manager or their designee also may recommend conditions a person must meet before the revocation is rescinded, including, but not limited to: (a) Evaluation by a certified applied animal behaviorist or a board-certified veterinary behaviorist and completion of any training or other treatment as deemed appropriate by that expert. (b) Spaying or neutering. (c) Secure, humane confinement in a manner that prevents escape and unsupervised contact with the public, permits allows the dog adequate exercise and provides protection from the elements. (d) Direct supervision by an adult 18 years of age or older whenever the dog is on public property. (e) Successful completion of a dog handling course. (f) Muzzling in public, in a manner that prevents the dog from biting people and other animals but does not injure the dog or interfere with vision or respiration. (g) Implanting microchip identification in the dog and providing the City with the name of the microchip manufacturer and identification number of the microchip. 5. If the City rescinds a personÔs license revocation and the person subsequently fails to comply with any limitations imposed by the Animal Control Authority or the person is convicted of any animal violation, the City may permanently prohibit the person from owning, keeping or harboring a dog within the City. 5. 6. A dog license revocation is in addition to any penalty against a dog owner arising from a violation of this Chapter or State Statute. 101.09300.10. Exemptions Section 101.07300.08 of this Chapter requiring a license and tag shall does not apply to nonresidents of the City who are keeping dogs as only domestic pets, provided that the animals dogs of such 54 Jufn!8/ owners shall must be kept in the City no longer than 30 days and the they animals are kept under restraint. All other provisions of this Chapter shall apply to nonresidents and their petsdogs. 101.10300.11. Impounding 1. Generally (a) Animal Control Officers may seize and impound any animals dogs requiring licenses or tags found in the City without the licenses or tags and any animals which are found to be in violation of any of the other provisions of this Chapter. Animals may be impounded by the City in an Animal Shelter and confined in a humane manner. Impounded animals may will be kept for not more thanat least five business days of the Animal Shelter, unless reclaimed by their owners. (b) If an animal is found at large and the owner or custodian can be identified, the Animal Control Officer may proceed against the owner for violation of this Chapter. (c) The Animal Control Officer may enter upon any public or private premises by warrant or as otherwise provided by law when such officer is in reasonable pursuit of their duties. (d) Upon receiving any animal as provided in this Chapter, the Animal Shelter personnel who receive animals shall must check for identification on each animal, identify the owner by the identification whenever possible, and promptly notify the owner of the location of the animal by the most expedient means. The Animal Shelter and Public Safety Department shall will maintain a record of animals so impounded. 2. Impounding Potentially Dangerous or Dangerous Dog The Animal Control Officer may seize and impound any dog which is determined to be a potentially dangerous dog or dangerous dog pursuant to Minnesota StatuteState law and this Section under the following conditions: (a) The dog inflicted substantial bodily harm on a human in public or private property without provocation; (b) The dog inflicted multiple bites on a human on public or private property without provocation; (c) The dog bit multiple human victims on public or private property in the same attack without provocation; (d) The dog bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; 55 Jufn!8/ (e) The dog had been declared dangerous, the ownerÔs right to an appeal under this Section has been exhausted or expired and the owner has failed to comply with the provisions of this Section or the provisions of Minnesota State StatutesM.S §§ 347.50 through 347.56; or (f) A potentially dangerous or dangerous dog commits a subsequent act or acts described in Section 101.01(14), 101.06(1), 101.06(2), and 101.06(6). 300.02, and 300.07 of this Code. 3. Claiming an Impounded Animal (a) In the instance of animals dogs for which the owner does not have a required license or tag, the Animal Shelter shall not return such animal to the owner untilmust obtain a license has been applied for and a tag has been purchased from the City immediately. (b) The owner of an impounded animal shall must pay the Animal animal Shelter shelter an impounding fee. The Animal Shelter shall must turn over to the City any impounding fees received. The City shall will place such fees in the General Fund of the City. (c) If a rabies vaccination is required and the owner cannot produce proof that the animal has had a current rabies vaccination, the Animal animal Shelter shelter shall must ensure that such the dog or other animal is vaccinated for rabies as a condition of release to the owner, the animal's owner shall must pay to the Animal Shelter the cost of the immunization. (d) The owner of an impounded animal shall will be liable for and must pay the Animal animal Shelter shelter the cost of feed food and care for each day the animal is impounded in the animal shelter. (e) Unless otherwise determined by the Animal Control Authority, a dog impounded pursuant to Section 101.10(2) abovethis Chapter shall will not be released from impound until the dog owner satisfies the requirements of this Chapter and Minnesota StatutesState law related to the registration and keeping of potentially dangerous or dangerous dogs, as verified by an Animal Control Officer. 4. Unclaimed Impounded Animals Any impounded animal not claimed within five business days of the Animal animal Shelter shelter shall will become the property of the Animal animal Shelter shelter and may be disposed of or sold in a manner permitted by law. The licensed owner shall will be liable to the Animal animal Shelter shelter for costs incurred in confining and disposing of the animal. 101.11 Potentially Dangerous Dogs and Dangerous Dogs 1. Adoption of State Law 56 Jufn!8/ Minnesota Statutes Sections 347.50 through 347.565, are hereby adopted. Every provision contained in the foregoing sections is hereby adopted and made a part of this Chapter by reference as if fully set forth herein. In the event of conflict between State law and the provisions of this Chapter, the more restrictive provision shall apply. 2. Declaration of Potentially Dangerous or Dangerous Dog An officer of the Animal Control Authority or any other duly-appointed animal control officer shall be responsible for declaring a dog as potentially dangerous or dangerous, in accordance with all applicable laws, rules, and regulations. 3. Notice of Declaration Upon declaration by the City that a dog is potentially dangerous or dangerous, the City shall provide notice within five business days of this declaration by delivering or mailing the notice to the owner of the dog, or by posting a copy of the notice at the place where the dog is kept, or by delivering it to a person residing on the property. The notice shall include: (a) A description of the potentially dangerous or dangerous dog; the authority for and purpose of the potentially dangerous or dangerous dog declaration and seizure, if applicable; the time, place, and circumstances under which the dog was declared potentially dangerous or dangerous; and the telephone number and contact person where the dog is kept; (b) A statement that the owner of the dog may request a hearing before the Hearing Examiner concerning the potentially dangerous or dangerous dog declaration and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing under this Section; (c) A form to request a hearing under this subsection; and (d) A statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or Hearing Examiner finds that the seizure or impoundment was not substantially justified by law. 4. Administrative Appeal of Declaration An owner may appeal a declaration that its dog is potentially dangerous or dangerous by submitting a written request for a hearing, on a form provided by the City, to the City Manager or their designee stating that the owner contests the declaration accompanied by a non- refundable hearing fee, made payable to the City of Fridley, within 14 business days of the service of the potentially dangerous or dangerous dog declaration. Such requests for appeal will be handled according to this Section. 57 Jufn!8/ (a) Untimely Appeals: An ownerÔs right to appeal or otherwise contest the potentially dangerous or dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal within 14 business days of the receipt of the notice. The owner of a dog which has been declared a potentially dangerous or dangerous dog must comply with the applicable requirements set forth in this Chapter and Minnesota Statutes Sections 347.50 through 347.565. (b) Timely Appeals: If a timely appeal is filed from a declaration that a dog is potentially dangerous or dangerous, the owner must immediately comply with the requirements of Minnesota Statutes Section 347.52, paragraphs (a) and (c), and until such time as an opinion is rendered. (c) Hearing Process: If a timely appeal is filed, a hearing shall be held within 14 business days after the City's receipt of the appeal and the following procedures shall be followed: (1) The City shall refer the matter to an impartial Hearing Examiner to conduct the appeal. (2) Both parties may be represented by Counsel, shall have the opportunity to present testimony, be able to call and question witnesses and introduce any exhibits; however, strict rules of evidence shall not apply. All persons giving testimony will be sworn under- oath and subject to the penalty of perjury. The dog may not be brought to the hearing. The records of the Animal Control Officer shall be admissible for consideration without further foundation. The Hearing Examiner shall receive and give weight to the evidence, including hearsay evidence. (3) The hearing shall be recorded with an audio recording device and a full record of the proceedings shall be maintained by the City according to the Minnesota Government Data Practices Act. (4) The Hearing Examiner has the authority to do any of the following, or a combination thereof: ((a)) Uphold the declaration and require the owner to comply with all provisions of this subsection within 14 business days; or ((b)) Overturn the declaration and make findings that no violation has occurred; or ((c)) May elevate the designation from potentially dangerous to dangerous dog based upon evidence presented at the hearing; or ((d)) May elevate the designation from dangerous dog to destruction based upon evidence presented at the hearing. 58 Jufn!8/ (5) Failure to appear at the scheduled hearing shall result in a default judgment against the party who fails to appear. If the owner fails to appear, the declaration shall be upheld and the fee for the cost of the hearing shall be refunded to the owner. The hearing date or time may be rescheduled only one time, and not within the 72 hours immediately preceding the hearing. Cancellations for any reason within the 72 hours of the scheduled hearing will result in the forfeiture of the non-refundable fee. If the City fails to appear, the declaration shall be dismissed, and the filing fee shall be refunded to the owner. (6) The Hearing Examiner shall issue a written decision within 10 business days of the hearing. The decision shall be delivered to the dogÔs owner by hand delivery or registered mail as soon as practical and a copy must be provided to the Fridley Public Safety Department. The decision of the Hearing Examiner is final. 5. Exemption The provisions of this Section do not apply to the following: (a) Dogs used by law enforcement officials for police work. (b) Dogs may not be declared potentially dangerous or dangerous if the threat, injury or damage was sustained by a person: (1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; or (2) Who was provoking, tormenting, abusing or assaulting the dog or who can be known to have repeatedly in the past, provoked, tormented, abused or assaulted the dog; or (3) Who was committing or attempting to commit a crime. 6. Notification Following the exhaustion of all appeal rights, notice of a potentially dangerous or dangerous dog declaration will be sent to each residence located within 350 feet of the dogÔs residence, and to each public or private school located within 1,000 feet thereof. 7. Potentially Dangerous or Dangerous Dog Declaration Review Beginning six months after a dog is declared a potentially dangerous or dangerous dog, the owner may request annually that the Animal Control Authority review the designation. A request for review of the designation must be submitted on the form supplied by the City. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the City Manager or their designee finds sufficient evidence that the 59 Jufn!8/ dogÔs behavior has changed, the City may rescind the potentially dangerous or dangerous dog declaration. The owner of the dog shall be notified in writing of the review results within 10 business days of the request. 8. Potentially Dangerous Dog and Dangerous Dog Registration No person may own a dog that has been determined to be a potentially dangerous or dangerous dog pursuant to this Chapter or Minnesota Statute 347.50 unless the dog is annually registered. This registration requirement is in addition to the owner obtaining a dog license as required in this Chapter. Registration must be completed within 14 business days from the ownerÔs receipt of notice of declaration of a potentially dangerous or dangerous dog unless a timely appeal has been filed. The Animal Control Authority shall issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence of the following. (a) A proper enclosure exists for the potentially dangerous or dangerous dog and the premises are posted with a clearly visible sign that includes a warning symbol of a potentially dangerous or dangerous dog on the property, including a warning symbol to inform children. The warning symbol must be the uniform symbol issued by the City that was provided by the Commissioner of Public Safety. Prior to the issuance of any tags for a new registration of a potentially dangerous or dangerous dog, a pre-license inspection of the premises to ensure compliance with this Code is required. The City shall be allowed at any time to inspect the dog, the proper enclosure and all places where the dog is kept. (b) The owner must present a certificate of liability insurance by an insurance company authorized to conduct business in this state, which specifically states that the owner is insured for any personal injuries inflicted by the potentially dangerous or dangerous dog in the amount of at least $300,000 per occurrence. (c) The owner has paid the annual potentially dangerous or dangerous dog registration fee that shall be included in the CityÔs fee schedule, in addition to the regular dog licensing fee described in this Chapter. (d) The owner has microchip identification implanted in the potentially dangerous or dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Authority. All costs related to the purchase and implantation of the microchip must be paid by the dogÔs owner. (e) The owner provides proof that the dog has been sterilized. If the owner does not sterilize the dog within 30 days of being notified of this requirement, the City may seize the dog and have it sterilized at the owner's expense. (f) The Owner has obtained a valid dog license, as required in this Chapter. 5: Jufn!8/ 9. Potentially Dangerous and Dangerous Dog Requirements (a) An owner of a properly registered potentially dangerous or dangerous dog shall keep the dog, while on the ownerÔs property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not exceeding six feet in length and under the physical restraint of a responsible person. Electronic perimeter fences shall not be considered to satisfy these confinement requirements for a potentially dangerous or dangerous dogs. The muzzle must be constructed and worn in a manner that will prevent the dog from biting any person or animal but will not cause injury to the dog or interfere with its vision or respiration. Prior to the issuance of any tags for a renewal registration of a potentially dangerous or dangerous dog, a pre-license inspection of the premises to ensure compliance with this Section may be required. The city shall be allowed at any time to inspect the dog, the proper enclosure and all places where the dog is kept. (b) The owner of a potentially dangerous or dangerous dog for which registration is required under this Section shall pay an annual registration fee until the dog is deceased or is determined to be no longer potentially dangerous or dangerous. If the dog is removed from the jurisdiction, it must be registered as a potentially dangerous or dangerous dog in its new jurisdiction, pursuant to the laws and procedures in place in the new jurisdiction. (c) An owner of a potentially dangerous or dangerous dog must notify the Animal Control Authority in writing of the death of the dog or its transfer to a new location where the dog will reside within 30 business days of the death or transfer, and must, if requested by the Animal Control Authority, execute an affidavit under oath setting forth either the circumstances of the dogÔs death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated. (d) The owner of a potentially dangerous or dangerous dog must have the dog sterilized at the ownerÔs expense. If the owner does not have the animal sterilized within 30 business days, the Animal Control Authority shall seize the dog and have it sterilized at the ownerÔs expense. (e) A person who owns a potentially dangerous or dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property. (f) A person who transfers ownership of a potentially dangerous or dangerous dog must notify the new owner that the Animal Control Authority has identified the dog as potentially dangerous or dangerous. The current owner must also notify the Animal Control Authority in writing of the transfer of ownership and provide the Animal Control Authority with the new ownerÔs name, address, and telephone number. 61 Jufn!8/ (g) No person shall remove a microchip from a potentially dangerous or dangerous dog. (h) The City may require that the owner and its potentially dangerous or dangerous dog attend and complete an approved obedience class. All costs related to the approved obedience class must be paid by the dogÔs owner. (i) A potentially dangerous dog or dangerous dog registered under this Section must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dogÔs collar at all times. (j) It shall be unlawful for the owner of a potentially dangerous or dangerous dog to fail to comply with the requirements set forth in this Section. Any dog found to be the subject of a violation of this Section shall be subject to immediate seizure and impoundment in accordance with this Chapter. (k) No more than one potentially dangerous or dangerous dog shall be housed at the same address. For purposes of apartments and other multi-unit dwellings, each dwelling unit shall be considered a separate address. (l) It shall be unlawful to allow a potentially dangerous or dangerous dog to be on City-owned or maintained property, including but not limited to parks and trails, regardless of whether the animal is properly restrained. This prohibition shall not apply to streets and sidewalks, insofar as the potentially dangerous or dangerous dog is handled in accordance with the requirements of State law and this Chapter. (m) Failure to comply with any of the requirements of this Chapter, including but not limited to registration of or keeping of potentially dangerous or dangerous dogs, may lead to the immediate revocation of a dog license and seizure of the potentially dangerous or dangerous dog. 10. Confiscation and Reclamation of Potentially Dangerous and Dangerous Dogs An Animal Control Officer shall immediately seize and impound any potentially dangerous or dangerous dog if: (a) The owner fails to validly register the dog under this Section within 14 business days of its designation as a potentially dangerous or dangerous dog. (b) The owner fails to present a certificate of liability insurance by an insurance company authorized to conduct business in this state under this Section within 14 business days of its designation as a potentially dangerous or dangerous dog. (c) The dog is not maintained in the proper enclosure. 62 Jufn!8/ (d) The dog is outside the proper enclosure and not under the physical restraint of a responsible person as required under Minnesota State Statute 347.52 and this Section. (e) The dog is not sterilized within 30 days, pursuant to Minnesota State Statute 347.52, paragraph (d). (f) The owner of a potentially dangerous or dangerous dog is convicted of a misdemeanor for violating the provisions of this Section and the person is charged with a subsequent violation relating to the same dog. If the owner is convicted of the offense for which the dog was seized, the district court may order destruction of the dog and the owner must pay for the costs of confining and euthanizing the dog. (g) The owner fails to obtain or maintain a valid dog license, as required by this Chapter, for the potentially dangerous or dangerous dog. (h) The owner fails to comply with any of the provisions of this Chapter related to the keeping of a dog within the City. (i) A potentially dangerous or dangerous dog seized under this Section may be reclaimed by the owner of the dog by presenting proof of compliance with State law and this Chapter to the City and payment of all costs associated with the confiscation and confinement of the dog, including the impoundment fee set forth in Chapter 11 of this Code and all impoundment costs. A dog not reclaimed under this subdivision within seven business days may be disposed of in a manner permitted by law, and the owner is liable to the Animal Control Authority for costs incurred in confining and euthanization of the dog. 11. Destruction of the Dog in Certain Circumstances (a) The Animal Control Authority may euthanize a dog in a proper and humane manner under the following conditions: (1) The dog inflicted substantial bodily harm on a human on public or private property without provocation; (2) The dog inflicted multiple bites on a human on public or private property without provocation; (3) The dog bit multiple human victims on public or private property in the same attack without provocation; or (4) The dog bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. 63 Jufn!8/ (5) The dog has been declared dangerous, the ownerÔs right to appeal under this Section has been exhausted or expired and the owner has failed to comply with the provisions of this Section or the provisions of Minnesota State Statutes 347.50 through 347.56; or (6) The owner of a dangerous dog that commits a subsequent act or acts described in Section 101.01(14), 101.06(1), 101.06(2), 101.06(6). (b) The Animal Control Authority will not euthanize the dog until the dogÔs owner has had the opportunity for a hearing before the Hearing Examiner. The exemptions set forth in Section 101.11.5 of this Section apply to this provision. The Animal Control Authority, after having been advised of the existence of such animal as defined in this Section, shall proceed as follows: (1) The dogÔs owner shall be notified in writing within five business days as to the reason the animal is subjected to disposition under this Section and, where applicable, the dates, times, and places of animals or persons bitten, attacked, injured or disfigured or of other violations. The City shall provide notice of this disposition by delivering or mailing the notice to the dogÔs owner, or by posting a copy of the notice and a form to request a hearing under this subsection at the place where the dog is kept, or by delivering it to a person residing on the property. The dogÔs owner shall be given 14 business days to request a hearing for determination as to the disposition of the dog and that failure to do so within 14 business days of the notice will terminate the ownerÔs right to a hearing under this Section. (2) If the dogÔs owner does not request a hearing within 14 business days of the notice, the Animal Control Authority shall make an appropriate order including euthanization of the dog. The dogÔs owner shall immediately make the dog available to the animal control officer for the ordered disposition. (3) If the dogÔs owner requests a hearing for determination as to the disposition of the dog, the hearing shall be held before the Hearing Examiner at a date not more than 14 business days after demand for the hearing. The records of the Animal Control Authority shall be admissible for consideration without further foundation. After considering all evidence, the Hearing Examiner shall make an appropriate order within 10 business days of the hearing, including euthanization of the dog. The dogÔs owner shall immediately make the dog available to the animal control officer for the ordered disposition. (4) Any person who harbors, hides or conceals an animal which has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor. 12. Restrictions on Future Ownership (a) Convictions. A person may not own a dog if they are prohibited under Minnesota State Statute 347.542. This prohibition applies to any member of that same personÔs household. 64 Jufn!8/ (b) Non-compliance. An owner of a potentially dangerous or dangerous dog that fails to comply with the requirements of this Section or State law may be prohibited or restricted from future ownership or custody of other dogs. (c) The owners of dogs found to be potentially dangerous or dangerous by another city or jurisdiction, must notify the Public Safety Department within 14 business days of moving into the city, and must follow the requirements of Minnesota Statutes Sections 347.50 through 347.565 and this Section. 13. List Posted For the purposes of public notification and public safety, the City may post a list of potentially dangerous and dangerous dogs on the CityÔs website. 14. Violation; Misdemeanor Any violation of the provisions of this Chapter shall constitute a misdemeanor offense. 300.12 Potentially Dangerous Dogs and Dangerous Dogs 1. Adoption of State Law M.S §§ 347.50 - 347.565, are hereby adopted. Every provision contained therein are made a part of this Chapter. In the event of conflict between State law and the provisions of this Chapter, the more restrictive provision will apply. 2. Potentially Dangerous Dogs and Dangerous Dogs All of the provisions and requirements detailed in State law for Dangerous Dogs, also apply to Potentially Dangerous Dogs in the City. A ÑDeclared DogÒ for the purposes of this Section is a Dangerous Dog or a Potentially Dangerous Dog. 3. Notice of Declaration of Potentially Dangerous Dog or Dangerous Dog Upon declaration by the City of a Potentially Dangerous or Dangerous Dog, the City will provide notice of the declaration by delivering or mailing the notice to the owner of the dog, or by posting a copy of the notice at the place where the dog is kept, or by delivering it to a person residing on the property. 4. Appeals 65 Jufn!8/ (a) Any person contesting a declaration by the City that their dog is a Declared Dog, or a citation or other decision associated with this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code. (b) If a timely appeal is filed regarding a declaration that a dog is a Declared Dog, the owner must immediately comply with the requirements of M.S § 347.52, paragraphs (a) and (c), and until such time as a decision is rendered by the Hearing Examiner or the Council if an appeal is taken pursuant to paragraph (c) below. (c) Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council may affirm, repeal, or modify that decision. 5. Registration. In addition to the registration requirements of M.S. § 347.51 the following are required in the City: (a) No person may own a Declared Dog unless the dog is annually registered with the City. (b) Registration of a Declared Dog must be accompanied by a City dog license. (c) Prior to the issuance registration, an inspection of the premises by the City is required in order to ensure compliance with this Section. The City must be allowed at any time to inspect the dog, the proper enclosure, and all places where the dog is kept. (d) Payment of a Declared Dog registration fee is required. The amount of the fee is set forth in the Fees chapter of the Code. 6. Additional Requirements. In addition to the requirements of M.S. § 347.52, the following are required in the City with respect to Declared Dogs: (a) If a Declared Dog is kept on the property outside of a proper enclosure, the dog must be muzzled. The muzzle must be constructed and worn in a manner that will prevent the dog from biting any person or animal but will not cause injury to the dog or interfere with its vision or respiration. (b) If a Declared Dog is kept on the property outside of a proper enclosure, the dog must be restrained by a substantial chain or leash not exceeding six feet in length and under the physical restraint of a responsible person. (c) Electronic or invisible perimeter fences will not be considered a proper enclosure for a Declared Dog. 66 Jufn!8/ (d) The City may require a Declared Dog and its owner attend and complete an obedience class that has been approved by the CityÔs animal control officer. All costs related to the approved obedience class must be paid by the dogÔs owner. (e) No more than one Declared Dog may be housed at the same address. For purposes of apartments and other multi-unit dwellings, each dwelling unit will be considered a separate address. (f) Declared Dogs are restricted from entering any City-owned or maintained property, including but not limited to parks and trails, regardless of whether the dog is properly restrained. This prohibition does not apply to streets and sidewalks, insofar as the Declared Dog is handled in accordance with the requirements of State law and this Chapter. (g) If an owner of a Declared Dog fails to comply with any requirements set forth in this Section, the dog will be subject to immediate seizure and impoundment in accordance with State law. 7. List Posted For the purposes of public notification and public safety, the City may post a list of Declared Dogs on the CityÔs website. 101.12. 300.13 Animal Bites, Quarantine 1. Any person who has been bitten or has knowledge of a human being who has been bitten by a dog, cat, raccoon, skunk, or other species susceptible to rabies shall must immediately notify the Animal Control Officer or Public Safety Department. Whenever such an animal has bitten any person, the owner or custodian of the animal, after being so notified by the Animal Control Officer or the Police DepartmentPublic Safety Department, shall will immediately cause said animal to be quarantined at the City of Fridley contracted Animal Shelter or at a licensed veterinary hospital or kennel for a period of 10 days after such person has been bitten. During the quarantine period, said animal shall will be kept under observation to determine its condition and if it is found to be sick or diseased, the operator of the quarantine facility shall will immediately report the condition of the animal in writing to the Public Safety Department the condition of the animal. The Animal Control Officer shall will then take necessary steps to determine if the animal is suffering from rabies. 2. During the quarantine period the animal shall must not be removed from the designated quarantine facility except by special written permission from the Minnesota Livestock Sanitary Board and the Animal Control Officer. The owner of an animal shall will be responsible for the cost of quarantine. 3. The quarantine required by this Section shall will not be necessary and the requirements shall will be waived if the custodian or owner of the animal, immediately upon notification that their 67 Jufn!8/ animal has bitten someone, presents to the Animal Control Officer or Public Safety Department, the certificate of an authorized veterinarian that the animal was currently vaccinated for rabies prior to the date of the biting. Such animal so exempt shall will be quarantined on the premises of the owner, under strict control, for a period of 10 days for the purpose of observation for symptoms of disease. The Animal Control Officer is authorized to conduct a midterm and terminal end-term examination of the animal. 4. It shall beis unlawful for any person, other than an Animal Control Officer, to kill or destroy any animal found running at large in the City. No Animal Control Officer or other person shall will kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine, and the diagnosis of rabies made. 101.13300.14 Prohibited Animals 1. No person shall will keep or allow to be kept in the City: (a) Any animal of a vicious nature or with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or (b) Any animal which attacks a human being or a domestic animal on two or more occasions without provocation or on a single occasion where substantial bodily harm on a human being is inflicted without provocation; or (c) Any non-domesticated animal not naturally tame or gentle, but is of wild nature or disposition, including any of the following: (1) Any animal or species prohibited by State or Federal law.federal or Minnesota Law. (2) Any non-domesticated animal or species, including, but not limited, to the following: ((a)) Any skunk, whether captured in the wild, domestically raised, descented or not descented, de-scented or not de-scented, vaccinated against rabies or not vaccinated against rabies; ((b)) Any large cat of the family Felidae such as lions, tigers, jaguars, leopards, cougars, and ocelots, except commonly accepted domesticated house cats; ((c)) Any member of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except commonly accepted domesticated dogs; ((d)) Any poisonous snake, pit viper or constrictor, such as a rattle snake, coral snake, water moccasin, cobra, boa constrictor or python; ((e)) Any raccoon; or 68 Jufn!8/ ((f)) Any other animal which is not listed explicitly above, but which can reasonably be defined by the terms in Section 101.11300.12 of this Code, including bears and badgers. Upon conviction for the violation of this Section, the court may in addition to imposition of sentence, direct the Animal Control Officer to take the animal in question into custody and forthwith dispose of it in a humane manner. (Ref. 979.) 2. These restrictions do not apply to a properly registered potentially dangerous or dangerous dog that is being maintained in accordance with all applicable requirements of this Chapter and State law. 101.14 Complaints Any person complaining to the Public Safety Department that an animal is allegedly running at large or otherwise constituting a danger or nuisance shall identify themselves upon request and shall make every reasonable attempt to assist the authorities in identifying the animal and its owner or custodian. 101.15Muzzling Whenever the prevalence of hydrophobia renders such action necessary to protect the public health, safety and welfare, the Mayor shall issue a proclamation ordering every person owning or keeping an animal susceptible to rabies confined securely on their premises unless it is muzzled so that it cannot bite. No person shall violate the proclamation, and any unmuzzled animal running at large during the time fixed in the proclamation shall be immediately put to death by the Animal Control Officer without notice to the owner. 101.16300.15 Multiple Pet Location 1. License Requirement No person shall will keep or maintain more than three or more dogs or cats, or any combination of dogs or cats that are at least six months of age as pets on a residential lot in the City without obtaining a multiple pet location license. 2. License Application Application for a multiple pet location license shall must be made on forms provided by the City. Such application shall will contain the following information: (a) The name, address, e-mail, and phone number of the applicant of the multiple pet location. 69 Jufn!8/ (b) A site plan showing the location of the structures and fencing for the housing or shelter and run for the exercise of the dogs and/or cats. If the dogs and/or cats are to be kept primarily within the home or other building of the residence of the applicant or of any other person, it should be listed in the application., the application shall so state. (c) The maximum number and type of breed(s) of dogs, cats or any combination thereof, to be kept on the premises. (d) Method to be used in keeping the premises in a sanitary condition. (e) Method to be used in keeping the dogs and/or cats quiet. (f) An agreement by the applicant that the premises may be inspected by the City at all reasonable times. (g) Payment of a license fee in the amount set forth in the Fees chapter of the Code. 3. Issuance of License The City Manager or their designee shall will have discretion in determining whether or not to issue or deny a license. In making such determination, the City shall will take into consideration the conditions listed below and with particularity, any violations during the previous license period. In the event the licensee moves to a new residential residence lot within the City of Fridley, the licensee is required to complete a new application for the new location. 4. Conditions (a) Housing facilities and grounds shall must be maintained in a clean and sanitary condition and kept in good repair. Facilities and grounds shall must be kept free of fecal matter. and collected Collected fecal matter shall must be properly disposed of weekly so as not to create a public nuisance as defined in Chapter 110the Public Nuisance chapter of this Code. (b) The premises for keeping of dogs and/or cats shall must be fenced. The fencing must be of such quality and design so that it will contain the dogs and/or cats. (c) If dogs and cats are to be maintained outside during the winter months, the housing or shelter shall must be winterized to protect the dogs or cats from the harsh elements of the cold. (d) Animal feed shall must be stored in leak-proof containers with tight-fitting covers to prevent attracting vermin so as not to create a public nuisance as defined in Chapter 110the Public Nuisance chapter of this Code. 6: Jufn!8/ (e) The animals are maintained in a manner that they do not become a public nuisance as defined in Section 101.06300.07 of thisthis Chapter of the Code. 5. Multiple Pet License Fee The annual license fee and expiration date shall be asis provided in Chapter 11the Fees chapter of this Code. 6. Inspection As a part of the initial license application or annual renewal, the applicant each resident must allow an inspection of the animal housing facilities and grounds by the City. The City Manager or their designee shall will have the right to inspect the property for the purpose of ensuring compliance with this Section between 8 a.m. and 5 p.m. Monday through Friday upon providing prior notice to the owner of the property. In the case of a complaint regarding the multiple pet location, the site may be inspected by the City without prior notice. 7. Appeal and Hearing ProcedureDenial, Impounding and Notification Procedure (a) Licenses issued under this Section may be denied, revoked or non-renewed by the City due to any of the following: (1) The keeping of dogs or cats in a manner which constitutes a nuisance to the health, safety or general welfare of the public; (2) A dog or cat may be impounded by the city pursuant to City Code Section 101.11 if it is found to be at large in violation of this Section. After being impounded for five business days without being reclaimed by the owner, it may be humanely euthanized or sold. A person reclaiming an impounded dog or cat shall pay the cost of impounding and boarding of the dog or cat. (3)(2) Fraud, misrepresentation, or a false statement contained in the license application or during the course of the licensed activity; or (4)(3) Any violation of the applicable provisions in this Chapter. (b) A dog or cat may be impounded by the City pursuant to Chapter 300.12 if it is found to be at large in violation of this Section. After being impounded for five business days without being reclaimed by the owner, it may be humanely euthanized or sold. A person reclaiming an impounded dog or cat will pay the cost of impounding and boarding of the dog or cat. (b)(c) Notice of approval, denial revocation or non-renewal of the license by the City must be made in writing to the applicant specifying the reason(s) for the action. The applicant may request a hearing by submitting a written request to the City Manager or their designee within 71 Jufn!8/ 14 business days of the date of the notification letter.The applicant may appeal the CityÔs determination by following the procedures set forth in the City-Issued License Appeals Process section of this Chapter. (c) The Planning Commission shall hold a hearing on a contested approval, denial, revocation, or non-renewal. The appeal process to be used shall be the same process described in Section 128.06 of the City Code. At the hearing, the applicant may speak and may present witnesses and other evidence. Upon the conclusion of the hearing, the Planning Commission shall issue a written decision that includes findings of fact. The City shall provide the applicant with a copy of the Planning Commission decision. The applicant may appeal the CommissionÔs decision to the City Council by submitting a written request to the City Manager or their designee within 14 business days of the date of the Planning Commission decision. 101.17300.16 Animal Control Officer 1. Appointment The City may appoint such person, persons or firm as the City may deem necessary and advisable as Animal Control Officer. Such appointees shall will work under the supervision of the Fridley Public Safety Department and shall will be responsible for the enforcement of this Chapter. 2. Duties Animal Control Officers are authorized to enforce the provisions of this Chapter and other related ordinances, Chapters and statutes pertaining to animal control, including the issuance of citations. 3. Unlawful Acts It shall beis unlawful for any unauthorized person to break into an animal shelter, or attempt to do so, or to take or set free any animal taken by the Animal Control Officer in the enforcement of this Chapter, or in any way interfere with, hinder or molest such Officer in the discharge of their duty under this Chapter. 101.18300.17 Guard Dogs 1. Businesses located within the City and maintaining a guard dog for security purposes shall must post notice at the entrance to the premises warning of the presence of said dog. 2. Businesses maintaining a guard dog shall must file with the City a release authorizing Public Safety Department to shoot said dog in an emergency situation, if necessary, in order to allow the Public Safety Department to gain admittance to the premises in the performance of their duties. 72 Jufn!8/ 101.19SEEING EYE DOGS300.18 Service Animals Whenever A blind person an individual accompanied by a "seeing eye" or guide dog service animal presents themselves for accommodation or service on any public transit vehicle or to any restaurant, store or other place of business open to the public, it shall beis unlawful for the owner, manager, operator or any employee of such vehicle or place of business to refuse admission to the dog service animal or service to the blind person. 101.20300.19 Cruelty to Animals Minnesota Statutes SectionsM.S. §§ 346.20 through 346.34 44 are hereby adopted by reference and shall beare in full force and effect, in the City of Fridley as if set out here in full. 101.21300.20 Relation to Other Law The prohibitions contained in this Chapter shall beare in addition to any State or Federal law regarding the same or related subjects. 300.21 Appeals 1. Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code. 2. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision. 101.22Penalties Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. 101.23300.22 Fees The fees for this Chapter shall be as provided in Chapter 11 of this Code.The fees for this chapter are set in the Fees chapter of the Code. 73 Jufn!8/ Section 2 That the Fridley City Code Chapter 112, False Alarms, be hereby amended as follows: Fridley City Code Chapter 112 301 False Alarms 112.01.301.01 Purpose and Intent False alarms are a burden to public safety resources in the City of Fridley (City). The purpose of this ordinance chapter is to provide regulations for the use of burglary, fire and safety alarms, including establishment of user fees for false alarms. 112.02.301.02 Definitions The following terms shall apply in the interpretation and application of this chapter: Public Safety Personnel: duly authorized city City employees. Alarm User: the person, firm, partnership, association, corporation, company, or organization of any kind in control of any building, structure, or facility wherein where an alarm system is maintained. Alarm System: any alarm installation designed to be used for the prevention or detection of burglary, robbery or fire on the premises, which contains an alarm installation. False Alarm: an alarm signal eliciting a response by public safety personnel when a situation requiring a response does not, in fact, exist, and which is caused by the activation of the alarm system through mechanical failure, alarm malfunction, improper installation, or the inadvertence of the user of an alarm system. or its employees or agents. False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, or violent conditions of nature, nor do they include alarms caused by third persons over whom the user has no control. 112.03.301.03 Exceptions The provisions of this ordinance chapter are not applicable to alarm systems affixed to automobiles, boat trailers, house trailers, and recreational motor vehicles. 112.04.301.04 Fees 1. Penalties for false alarms will take place on the third such alarm within 365 days and each subsequent alarm. 2. Penalties for false alarms will only be assessed at the property address. If a suite or unit number is responsible for the given violation, penalties will be assessed to that suite or unit. Penalties for 74 Jufn!8/ false alarms for suppression systems shared by numerous tenants, will be assessed to the property owner. 1.3. The user fee shall be aspenalty for false alarms is provided in Chapter 11the Fees chapter of this the Fridley City Code. 2.4. Payment of user fees provided for herein must be paid to the City Treasurer within thirty (30) days from the date of notice by the City to the alarm user. Failure to pay the fee within thirty (30) days will result in the imposition of a penalty of ten percent (10%) of the user fee. 3.5. All unpaid user fees and penalties shall will be certified as an assessment against the property on which the alarm was located and shall will be collected each year along with the taxes on said property. Administrative costs in the amount of ten percent (10%) of the unpaid fee and penalty shall be added to each assessment. 4.6 An alarm user which is required by the City to pay a user fee as a result of a false alarm, may make a written appeal of the false alarm user fee to the Public Safety Director or Fire Chief, as appropriate, within ten (10) days of notice by the City of the false alarm charge. An adverse decision by the Public Safety Director or Fire Chief may be appealed to the City Manager or their designee, within ten (10) days of receipt of the Public Safety Director or Fire Chief's decision. The City Manager will have authority to make a final determination as to whether or not the user is to be charged a user fee for the false alarms. 112.05.301.05 Liability of City The regulation of alarm response shall not constitute acceptance by the City of liability to maintain equipment, to answer alarms, or to respond to alarms in any particular manner. Section 3 That the Fridley City Code Chapter 103, Dangerous Weapons, be hereby amended as follows: Fridley City Code Chapter 103 302 Dangerous Weapons and Facsimile Firearms 302.01 Purpose To preserve and protect the health, safety, and welfare of the citizens of the City of Fridley (City) this chapter regulates the use of firearms and facsimile firearms within the City. 103.01.302.02 Definitions 1. A dangerous weapon is any Dangerous weapon: any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any 75 Jufn!8/ other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. The term "dangerous weapon" includes, but is not limited to, the following: 1.(a) All firearms 2.(b) Bows and arrows, and cross bows 3.(c) All instruments used to expel, at high velocity, pellets of any kind including, but not limited to, B-B guns and air rifles 4.(d) Sling shots 5.(e) Black jacks, nunchakus, clubs or like objects 7.(f) Daggers, dirks, and knives 8.(g) Wrist rockets (h) Any explosive (i) Fist-load weapons, including but not limited to, sap gloves, knuckle gloves, knuckles made of brass, metal, wood, plastic or any other material capable of causing injury. 2. Facsimile firearm: any object which is a replica of an actual firearm, which substantially duplicates an actual firearm or which could reasonably be perceived to be an actual firearm, unless: (a) The entire exterior surface of such object is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or such object is constructed entirely of transparent or translucent materials which permit unmistakable observation of the object's complete contents; and (b) Such object has a blaze orange extension that extends at least six millimeters from the muzzle end of the barrel of such object which is as an integral part of the object and is permanently affixed. 103.02.302.03 Prohibited Acts Whoever does any of the following is guilty of a misdemeanor: 1. Recklessly handles or uses a dangerous weapon, facsimile firearm, or explosive so as to endanger the safety of another. 76 Jufn!8/ 2. Aims any dangerous weapon or facsimile firearm, whether loaded or not, at or toward any human being. 3. Manufactures or sells for any unlawful purpose any weapon known as a sling shot, black jack, nunchakus, club, wrist rocket, bow and arrow, crossbow, or like object. 4. Manufactures, transfers or possesses metal knuckles any fist-load weapon or a switch blade knife opening automatically. 5. Possesses any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another. 6. Sells or has in their possession any device designed to silence or muffle the discharge of a firearm that is not lawfully possessed under federal law. 7. Possesses a dangerous weapon or facsimile firearm, in a motor vehicle, except a pocket knife with a blade under three (3) inches, unless contained in a secure area not immediately available to vehicle occupants. 8. As a parent or guardian, permits a child under fourteen (14) years of age to handle or use a dangerous weapon or facsimile firearm, of any kind or any ammunition or explosive outside of the parent's or guardian's presence. 9. Sells, gives, loans or furnishes in any way, any deadly weapon to a person under the age of eighteen (18) years without written consent of such minor's parent or guardian, or of a police officer or magistrate. 10. Sells, or offers for sale, any facsimile firearm. 103.03.302.04 Minor in Possession 1. No person under the age of fourteen (14) years shall handle or have in their possession or under their control any dangerous weapon or facsimile firearm, except while accompanied by or under the immediate charge of their parent or guardian and which weapon would not otherwise be prohibited. 2. Nothing in this Section prohibits minors from participating in a state approved firearms safety class or other city approved formal course of instruction. 103.04.302.05 Exceptions Nothing in this Chapter shall be construed to prohibit: 77 Jufn!8/ 1. Possession or discharge of a dangerous weapon by a legally appointed Law Enforcement Officer or person under such Officer's direction, in the performance of the Officer's duties. 2. Possession or discharge of a dangerous weapon by persons authorized by Federal or Minnesota Statute, such as the military or persons holding valid permits 3. Possession or discharge of a dangerous weapon by persons at legally authorized ranges designed for the discharge of dangerous weapons, notwithstanding laws to the contrary. 4. Possession by museums or collectors of art or for other lawful purposes of public exhibition. 5. The discharge of dangerous weapons, other than firearms and instruments used to expel, at high velocity, pellets of any kind such as B-B guns and air rifles, with permission of the appropriate property agent, when discharged under conditions not to endanger persons, property, or animals and where the projectile will not leave said property. 103.05.302.06 Discharge Permits Authorized Discharge Notwithstanding the provisions of Section 103.04 of this Chapter, it shall be unlawful to use, fire or discharge a dangerous weapon within the City of Fridley, except with a firearms permit issued unless authorized by the Public Safety Director or their designee. Permits Written permission shall specify the conditions under which they are issued and valid. Permits Authorization may be revoked by the Public Safety Director when, in the Director's opinion, there is a public safety danger or infringement of peace and tranquility. Denied and revoked permitsDenial or revocation of authorization may be appealed to the Fridley City Council. 103.06 FEES Permit fees shall be as provided in Chapter 11 of this Code. (Ref. 1047) 103.07. Violations Any person violating this Chapter is guilty of a misdemeanor. Any weapons used or carried in violation of this Chapter shall be seized and impounded by a police officer to be disposed of through prescribed legal procedures. Section 4 That the Fridley City Code Chapter 106, Civil Defense, be hereby amended as follows: Fridley City Code Chapter 106. Civil Defense303 Emergency Management 106.01.303.01 Policy and Purpose 78 Jufn!8/ Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from, sabotage, or other hostile action, or from fire, flood, tornado or other natural causes, and in order to insure that preparations of the City will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary: 1. To establish a local Emergency Management Organization 2. To provide for the exercise of necessary powers during emergencies and disasters. 3. To provide for the rendering of mutual aid between this City and other political subdivisions of this State and of other states with respect to the carrying out of emergency preparedness functions. The possibility of disasters of unprecedented size and destructiveness resulting from sabotage, hostile action, fire, flood, tornado, or other natural causes pose a potential threat to the health, safety, and welfare of the citizens of the City of Fridley (City). This Chapter ensures that preparations of the City will be sufficient to deal with any such disasters. This Chapter: 1. Formally establishes an Emergency Management Organization. 2. Provides authority to the Emergency Management Director to exercise necessary powers during a local emergency. 3. Provides for mutual aid between the City and other political subdivisions with respect to carrying out emergency preparedness functions. It is further declared to be the purpose of this Chapter and the policy of the City that all emergency preparedness functions of this City be coordinated to the maximum extent practicable with the comparable functions of the federal government, of this State, and of other states and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's human-power, resources, and facilities for dealing with any disaster that may occur. 106.02.303.02 Definitions Emergency management: the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible to prevent, minimize and repair injury and damage resulting from disaster caused by sabotage, or other enemy hostile action, or from fire, flood, tornado, pandemic or other natural causes, or from industrial hazardous material mishaps. These functions include, without limitation, fire-fighting, police services, emergency medical and health services, rescue, engineering, warning communications, radiological, chemical evacuation 79 Jufn!8/ congregate care, emergency transportation existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions. Emergency: an unforeseen combination of circumstances which calls for immediate action to prevent a disaster from developing or occurring. Emergency Management Forces: the total personnel resources engaged in city-level emergency management functions in accordance with the provisions of this resolution ordinance or any rule or order thereunder. This includes personnel from City departments, authorized volunteers, and private organizations and agencies. Emergency Management Organization: the staff element responsible for coordinating city-level planning and preparation for disaster response. This organization provides city liaison and coordination with federal, state and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements. Disaster: a situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in catastrophic loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. 106.03.303.03 Establishment of an Emergency Management Organization There is hereby created within the City government an Emergency Management Organization, which shall be under the supervision and control of an Emergency Management Director (Director), hereinafter called the Director. The Director shall be appointed by the Mayor for an indefinite term and may be removed by the Mayor at any time. The Director shall receive a salary, as may be prescribed by the Fridley City Council (Council), and any necessary expenses. The Director shall have the responsibility for the organization, administration and operation of the Emergency Management Organization, subject to the direction and control of the Mayor. The Emergency Management Organization shall be organized into such divisions and bureaus, consistent with the state and local emergency preparedness plans, as the Director deems necessary to provide for the efficient performance of local emergency management functions during an emergency. The Emergency Management Organization shall perform emergency management functions within the City and in addition shall conduct such functions outside the City as may be required pursuant to the provisions of the Minnesota Civil Defense Act of 1951, as amended, or this Chapter. 106.04.303.04 Powers and Duties of Director 1. The Director, with the consent of the Mayor, shall represent the City on any regional or State organization dealing with emergency management. The Director shall develop proposed mutual aid agreements with other political subdivisions within or outside the State for reciprocal 7: Jufn!8/ emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the Council for its action. Such arrangements shall be consistent with the State emergency plan and during an emergency, it shall be the duty of the Emergency Management OrganizationDivision and emergency management forces to render assistance in accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement with a political subdivision of another state shall be subject to the approval of the Governor. 2. The Director shall make such studies and surveys of manpower to determine the Emergency Management OrganizationDivisionÔs adequacy for emergency management and to plan for its most efficient use in time of an emergency. 3. The Director shall prepare a comprehensive emergency plan for the emergency preparedness of the City and shall present such plan to the Council for its approval. When the Council has approved the plan by resolution, it shall be the duty of all municipal agencies and all emergency management forces of the City to perform the duties and functions assigned by the plans as approved. The plan may be modified in like manner from time to time. The Director shall coordinate the emergency preparedness activities of the City to the end that they shall be consistent and fully integrated with the emergency plan of the federal government and the State and correlated with the civil defense plans of other political subdivisions within the State. 4. In accordance with the State and City emergency plan, the Director shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of emergency management forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the City emergency plan in time of an emergency. The Director may, from time to time, conduct such practice drills or other emergency preparedness exercises as are deemed necessary to assure prompt and effective operation of the City Emergency Plan when disaster occurs. 5. The Director shall utilize the personnel, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the Emergency Management Organization and to the Governor upon request. The head of each department and agency, in cooperation with and under the direction of the Director, shall be responsible for the planning and programming of such emergency prepared activities as will involve the utilization of the facilities of their department or agency., 6. The Director shall, in cooperation with existing City departments and agencies affected, organize, recruit, and train emergency medical personnel that may be required on a volunteer basis to carry out the emergency plans of the City and the State. To the extent that such emergency personnel is recruited to augment a regular City department or agency for emergencies, they shall be assigned to such department or agency for purposes of administration 81 Jufn!8/ and command. The Director may dismiss any emergency volunteer at any time and require that person to surrender any equipment and identification furnished by the City. 7. Consistent with the emergency plan, the Director shall coordinate the activity of the city emergency management organizations with the City and assist in establishing and conducting training programs as required to assure emergency operational capabilities.capability in the several services (Minnesota Statutes, Chapter 12, 12.25) 8. The Director shall carry out all orders rules and regulations issued by the Governor with reference to emergency management. 9. The Director shall direct and coordinate the general operations of all emergencies in conformity with controlling regulations and instructions of State emergency management authorities. The heads of departments and agencies shall be governed by the Director's orders in respect thereto. 10. Consistent with the emergency plan, the Director shall provide and equip at some suitable place in the City a control center and, if required by the State emergency plan, an auxiliary control center to be used during an emergency as headquarters for direction and coordination of emergency management forces. The Director shall arrange for representation at the control center by municipal departments and agencies, public utilities and other agencies, authorized by federal or State authority, to carry on activities during an emergency. The Director shall arrange for the installation at the control center of necessary facilities for communication with and between heads of emergency management divisions, stations and operating units of municipal services, other agencies concerned with emergency management, other communities and control centers within the surrounding area and with the federal and State agencies concerned. 11. During the first thirty (30) days of an emergency, if the legislature is in session, or the Governor has coupled his or her declaration of the emergency with a call for a special session of the legislature, the Director may, when necessary to save life or property, require any person, except members of the federal or state military forces and officers of the State or any other political subdivisions, to perform services for emergency management purposes and may commandeer, for the time being, any motor vehicles, tools, appliances or any other property, subject to the owner's right to just compensation as provided by law. 12. The Director shall prepare and submit such reports on emergency preparedness activities as may be requested by the City Council. 106.05.303.05 Emergency Preparedness Workers 1. Emergency management volunteers shall be called into service only in case of an emergency for which the regular municipal forces are inadequate or for necessary training and preparation for such emergencies. All volunteers shall serve without compensation. 82 Jufn!8/ 2. Each emergency management volunteer shall be provided with such suitable insignia or other identification as may be required by the Director. Such identification shall be in a form and style approved by the City federal government. No volunteer shall exercise any authority over the persons or property of others without displaying his or her identification. No person, except an authorized volunteer, shall use the identification of a volunteer or otherwise represent himself or herselfthemselves to be an authorized volunteer. 3. No emergency management volunteer shall carry any firearm while on duty except on written order of the Director of Public Safety for the City of Fridley. 4. Personnel procedures of the City of Fridley applicable to regular employees shall not apply to paid employees of the Emergency Management Organization during a declared emergency. 106.06.303.06 Local Emergencies 1. A local emergency may be declared only by the Mayor of Fridley or their legal successors pursuant to Chapter 2 of the Fridley City Charter. It shall not be continued for a period in excess of three days except by or with the consent of the city Council. Any order, or proclamation A resolution declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the city clerk/Records Coordinator.properly noticed and filed with the City Clerk in accordance to State law. 2. A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable local or inter-jurisdictional disaster plans and may authorize aid and assistance thereunder. 3. Direct command of an emergency is controlled by the CityÔs Emergency Operations Plan, as amended from time to time. 3. Subdivision 3. No jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions. However, an inter- jurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions. 106.07.303.07 Emergency Regulations 1. Whenever necessary to meet a declared emergency or to prepare for such emergency for which adequate regulations have not been adopted by the Governor or by the City Council, the Mayor may by proclamation resolutionexecutive order promulgate regulations consistent with applicable federal or State law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services; emergency health, fire and safety regulations; drills, or practice period required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in emergencies. 83 Jufn!8/ 2. Every resolution ofexecutive order establishing emergency regulations shall be in writing, signed by the Mayor, dated, refer to the particular civil defense emergency to which it pertains, if so limited, and be filed in the office of the City Clerk where a copy shall be kept posted and available for public inspection during business hoursin accordance to State law. Notice of the existence of such regulation and its availability for inspection at the Clerk's office shall be conspicuously posted at the front of City Hall or other headquarters of the City and at such other places in the affected area as the Mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the proclamationresolution. By like proclamation executive order the Mayor may modify or rescind any such regulation. 3. The City Council may rescind any such regulation by resolution at any time. Every such regulation shall expire at the end of thirty (30) days after its effective date or at the end of the emergency to which it relates, whichever occurs first. Any ordinance or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time to the extent that such conflict exists. 4. During a declared emergency, the City is, notwithstanding any statutory or City Charter provision to the contrary, empowered through its governing body acting within or without the corporate limits of the City, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property, and providing emergency assistance to victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with time-consuming procedures and formalities, prescribed by law pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds, for example, but not limited to, publication of ordinances and resolutions, publication of calls for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirements for budgets. 106.08.303.08 Procedure 1. There is hereby established an account in the general fund to be known as the Emergency Management Account. Into this fund shall be placed the proceeds of taxes levied for emergency management, money transferred from other accounts, gifts and other revenues of the Emergency Management Organization. From such account, expenditures shall be made for the operation and maintenance of the Emergency Management Organization and other expenditures for emergency preparedness. Regular accounting disbursement, purchasing, budgeting and other financial procedures of the City shall apply to the Emergency Management Organization insofar as practicable, but budgeting requirements and other financial procedures shall not apply to expenditures from. the account in any case when their application will prevent compliance with terms and conditions of a federal or state grant of money or property for emergency preparedness purposes. 84 Jufn!8/ 2. The Director shall, as soon as possible after the end of each fiscal year, prepare and present to the City Council for the information of the Council and the public, a comprehensive report of the activities of the Emergency Preparedness Organization during the year. 106.09.303.09 Conformity of Cooperation Every officer and agent of the City shall cooperate with the federal and state authorities and with authorized agencies engaged in civil defense and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this Chapter and of all regulations made thereunder shall be subject to all applicable and controlling provisions of federal and State laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. The Public Safety Director may appoint any qualified person holding a position in any agency created under federal or State authority for emergency purposes as a special police officer of the City, with such police powers and duties within the City incident to the functions of that person's position, not exceeding those of a regular police officer of the City, as may be prescribed in the appointment. Every such special police officer shall be subject to the supervision and control of the Public Safety Director and such police officers of the City as are designated. 106.10.303.10 Governmental Function 1. All functions hereunder and all other activities relating to emergency management are hereby declared to be governmental functions. The City and, except in cases of willful misconduct, its officers, agent, employees, or representatives engaged in any emergency activities, while complying with or attempting to comply with the Minnesota Civil Defense Act of 1951 as amended (Minn. Stats. 12.01 to 12.46) or with this Chapter or any rule, regulation or order made hereunder, shall not be liable for the death of or any injury to persons or damage to property as a result of such activity. 2. The provisions of this Section shall not affect the right of any person to receive benefits to which that person would otherwise be entitled under this Chapter or under Worker's Compensation Law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. 106.11.303.11 Political Participation The Emergency Management Organization shall not participate in any form of political activity nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a legitimate labor dispute. 106.11 Penalties 85 Jufn!8/ Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. Section 5 That the Fridley City Code Chapter 107, Disposition of Certain Property, be hereby amended as follows: Fridley City Code Chapter 107.304 Disposition Disposal of Certain Property 304.01 Purpose Pursuant to this section, the Public Safety Director or their designee may dispose of property that lawfully entered into the possession of the Fridley Police Division in the course of City of Fridley (City) operations that remained unclaimed by the owner for a period of at least 60 days. 107.01.304.02 Disposal of Lost, Unclaimed, and Stolen Property Pursuant to this section, the Public Safety Director shall dispose of property lawfully coming into possession of the Fridley Police Department in the course of municipal operation and remaining unclaimed by the owner for a period of at least sixty (60) days. Disposition of such property may be by live public auction, online public auction or, upon approval of the Fridley City Council, by private sale to a non-profit organization that has a significant mission to community service. Public sales shall be held at least annually. The proceeds from such sales shall be deposited with the Treasurer of the City of Fridley and become part of the General Fund. The former owner of sold property shall have the right to payment of the sale price from the fund upon application and satisfactory proof of ownership within the six (6) months of the sale. Notice of public live auction sales shall be given in a legal newspaper at least ten (10) days prior to such sale. Any disposition of property lawfully coming into possession of the Police Department Division may only occur after the Police Department Division has made a reasonable effort to contact the legal owner of the property. (Ref. 1346) 107.02.304.03 Storage Fees for Seized Motor Vehicles Whenever a motor vehicle is seized by the police departmentPolice Division and held at a storage facility or impound lot pending a forfeiture action commenced under statutory authority, the City may assess fees to the owner or lien-holder of the motor vehicle for costs associated with the towing, storage, seizure, and disposition as specified in Chapter 11the Fees Chapter of the Fridley City Code. In addition, the owner or lien-holder of any such seized motor vehicle who reclaims the vehicle prior to the sale of the vehicle shall be responsible for payment of any towing and storage charges. (Ref 1250) 86 Jufn!8/ Section 6 That the Fridley City Code Chapter 801, Curfew, be hereby amended as follows: Fridley City Code Chapter 305 Drugs, Paraphernalia, and Prohibited Substances 305.01 Purpose The purpose of this Chapter is to protect and promote the public health, safety, and general welfare of citizens within the City of Fridley (City) by deterring the use and availability of drugs, paraphernalia, and prohibited substances. 305.02 Definitions The definitions listed in Minnesota Statute (M.S.) § 152.01 are hereby adopted. 305.03 Prohibited Acts 1. It is unlawful for any person to grow, cultivate, manufacture, possess, constructively possess, sell, give away, barter, exchange, distribute, or otherwise transfer any controlled substance, except on a lawful prescription by a person licensed by law to prescribe and administer controlled substances. 2. It is unlawful for any person to manufacture, possess, constructively possess, sell, give away, barter, exchange, distribute, or otherwise transfer any equipment, products, or materials of any kind, except those items used in conjunction with permitted uses of controlled substances under M.S. § Chapter 152 or the Uniform Controlled Substances Act, which are knowingly or intentionally used primarily in: (a) Manufacturing a controlled substance (b) Injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance (c) Testing the strength, effectiveness, or purity of a controlled substance, except for products that detect the presence of fentanyl or a fentanyl analog in a controlled substance (d) Enhancing the effect of a controlled substance. 3. It is unlawful for any person to possess any controlled substance in any container other than the original container in which it was delivered and bearing the pharmacist's original label 87 Jufn!8/ identifying the prescription, until such controlled substance is used in accordance with such prescription. 4. It is unlawful for any person to inhale, breathe, drink, be or become intoxicated by reason of inhaling, breathing or drinking any substance commonly known as glue, adhesive, cement, mucilage, dope, solvents, lacquer, drugs, fingernail polish and lacquer, nail polish remover or thinners for the above named substances, canned air, gas dusters, or any substances containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, difluoroethane, nitrous oxide, or any other substance which contains ketones, aldehydes, organic acetates, ether, chlorinated-hydrocarbons, or any other similar ingredient which releases toxic vapors for the purpose of inducing symptoms of intoxication, elation, excitement, confusion, dizziness, paralysis, irrational behavior, or in any manner change, distort or disturb the balance, coordination or the audio, visual or mental processes. 5. It is unlawful for any person to, for the purpose of violating or aiding another to violate any provision of this chapter, intentionally possess, buy, sell, transfer possession, or receive possession of any substances containing the substances defined in § 305.03 (4). 6. It is unlawful for any retail establishment selling products containing the intoxicating substances defined in § 305.03 (4) to sell such products from a self-service display. Section 7 That the Fridley City Code Chapter 801, Curfew, be hereby amended as follows: Fridley City Code Chapter 801.306 Curfew 801.01.306.01 Findings and Purpose 1. In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. 2. Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger the person is, the more likely he or she is to be a victim of crime. 3. While parents have the primary responsibility to provide for the safety and welfare of juveniles, Fridley also has a substantial interest in the safety and welfare of juveniles. Moreover, the City of Fridley has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. 88 Jufn!8/ 4. An updated and enforceable curfew ordinance will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. This Chapter will regulate the conduct of minors in public places during nighttime hours for the protection of juveniles and the general public in the City of Fridley (City). 801.02.306.02 Definitions Emergency: a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury, or loss of life. Establishment: any privately owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or refreshment. Guardian: an adult appointed as a guardian over a minor as those terms are defined in pursuant to Minn. Stat. 525.6155 or 525.6165Minnesota Statute (M.S.) Chapter 524. who has the powers and responsibilities of a parent as defined by Minn. Stat. 525.619. Juvenile: a person under the age of eighteen (18). The term does not include persons under 18 who are married or have been legally emancipated. Parent: birth parents, adoptive parents, and stepparents whose parental rights have not been terminated. Proprietor: any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Public place: any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Responsible adult: a person over the age of eighteen (18) specifically authorized by law or by a parent or guardian to have custody and control of a juvenile. Serious bodily injury: bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss of impairment of the function of any body part or organ. 801.03.306.03 Prohibited Acts 1. It is unlawful for a juvenile under the age of 16 to be present in any public place or establishment within the City of Fridley: (a) any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. 89 Jufn!8/ (b) any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. 2. It is unlawful for a juvenile, age 16 or 17 to be present in any public place or establishment within the City of Fridley: (a) any time between the 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day. (b) any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. 3. It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the City of Fridley during the hours prohibited in paragraphs A and Bsubds. (a) and (b) of this section without a responsible adult. 4. It is unlawful for a proprietor of an establishment within the City of Fridley to knowingly permit a juvenile to remain in the establishment or establishment's property during the hours prohibited in paragraphs A and Bsubds. (a) and (b) of this section without a responsible adult. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. 801.04.306.04 Defenses Exceptions 1. It is an affirmative defense for a juvenile to prove that: (a) the juvenile was accompanied by his or her parent, guardian, or other responsible adult. (b) the juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment. (c) the juvenile was involved in an emergency situation. (d) the juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or civic organization. (e) the juvenile was on an errand at the direction of a parent or guardian. (f) the juvenile was exercising First Amendment rights protected by the United States constitution or Article 1 of the Constitution of the State of Minnesota. 8: Jufn!8/ (g) the juvenile was engaged in interstate travel. (h) the juvenile was on the public right of way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure, or residence. (i) the juvenile is a legally emancipated minor. 2. It is an affirmative defense for a proprietor of an establishment to prove that: (a) the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof and age. Proof of age may be established pursuant to Minn. Stat.M.S. 340A.503, subd. 6, or other verifiable means, including but not limited to, school identification cards and birth certificates. (b) the proprietor or employee promptly notified the City of Fridley police department Police Division that a juvenile was present on the premises of the establishment during curfew hours. 801.05. PENALTY Violation of this ordinance is a misdemeanor. Section 8 That the Fridley City Code Chapter 129, Trespassing, be hereby amended as follows: Fridley City Code Chapter 12. 307 Trespassing 129.01.307.01 Purpose The purpose of this Chapter is to allow an owner of real property to which the public has some implicit right of access to exclude a person from that property if the person has committed a crime on the property or has violated the properly posted or otherwise provided rules of conduct for the property. 129.02307.02 Definitions For the purposes of this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise: 91 Jufn!8/ Covered Premises: any improved real property, or portion thereof, within the City of Fridley (City), to which the public has an implicit right of access, including, but not limited to, places of worship, shopping malls, retail sales facilities, hotels, motel, nursing homes, restaurants, multiple dwellings, hospitals, medical and dental offices, clubs, lodges, office buildings, banks and financial institutions, transit stations, athletic and recreational facilities, personal service establishments, theaters, and day care facilities. Tenant: any authorized occupant of a covered premises, or the agent thereof, but excluding an occupant of a domestic use, such as a renter of lessee of a dwelling or apartment, resident in a nursing home, or a hotel or motel guest. Property manager: any owner of a covered premises, or the agent of the owner or any tenant who is authorized by the owner to exercise control over the covered premises, including its public common areas. Public common areas: all areas of the covered premises, other than private common areas, maintained for the common use of its tenants or of the general public incidental to normal and legitimate activities upon the covered premises, including, but not limited to: the curtilage; parking lots and ramps; private roadways, sidewalks, and walkways; recreational facilities; reception areas; rotundas; waiting areas; hallways; restroom facilities; elevators; escalators; and staircases. Private common areas: other common areas within the covered premises normally within the exclusive control of a tenant but subject to reasonable regulation by the property manager, including, but not limited to, sales floors, store restroom facilities accessible to customers or clients, checkout lanes, and customer service areas. Private areas: areas within the covered premises not normally accessible to members of the public without explicit permission of the person in direct control of the area, including, but not limited to, individual apartment units, employee rest areas and facilities, banquet halls, meeting rooms, and private offices. Written Trespass Notice: a written notice issued by a Property Owner or their agent that contains minimally: 1. Verbatim copies of Sections 129.05 and 129.06Printed copies of the Prohibited Conduct and Penalties sections of this Chapter. 2. The name, date of birth, and address of the person to whom the notice is issued and the name of the person's custodial parent or guardian if the person is a juvenile. 3. A description of the specific conduct that forms the basis for the issuance of the notice. 4. A description of the specific covered premises or portion thereof to which the notice applies. 92 Jufn!8/ 5. The period during which the notice is in effect, including the date of its expiration. 6. The name, title, address, and telephone number of a person with authority to modify, amend, or rescind the notice. 7. The method by which the notice was served upon the person to whom it was issued. Verbal Trespass Notice: a verbal notice issued by the Public Safety Director or their designee, minimally containing the following: 1. A statement that the individual must leave the property and may not return. 2. A description of the specific conduct that forms the basis for the issuance of the notice. 3. A description of the specific covered premises or portion thereof to which the notice applies. 4. The period during which the notice is in effect, including the date of its expiration. 129.03.307.03 Issuance of Trespass Notice A property manager or tenant may issue a trespass notice to a person only if there is probable probably cause to believe the person has, no more than thirty (30) days before the issuance of that notice: 1. Committed an act prohibited by State statute or City ordinance while on the covered premises; or 2. Violated any rule of conduct for the covered premises that has been conspicuously posted at all public entrances to the covered premises or that the property manager or tenant has provided to the person in writing. 129.04.307.04 Coverage of Trespass Notice Issued by Property Manager or Tenant 1. If issued by a property manager, a trespass notice is effective only as to those public common areas and private areas within the property manager's exclusive control, except that a trespass notice may also cover private common areas and other private areas provided the tenant or tenants in control of such areas have agreed in writing to be precluded from inviting onto the premises any person to whom a trespass notice has been issued under this Chapter. Such a trespass notice must state that the tenant or tenants of the covered premises are precluded from inviting onto the covered premises any person to whom a trespass notice has been issued under this Chapter. 2. If issued by a tenant, the trespass notice is effective only as to those private common areas and private areas over which the tenant has control. 93 Jufn!8/ 3. A notice broader in coverage than authorized by this Section shall not be invalid, but shall be valid to the extent authorized by this Section. 129.05.307.05 Prohibited Conduct 1. No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager, or a tenant authorized to exercise control over the covered premises or portion involved. 2. No person served withwho has received a trespass notice in conformity with this Chapter shall enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent, or assign claim of right. 3. No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs printed on at minimum letter size paper prohibiting of or restricting access thereto, including, but not limited to, the following: "Trespassing", "Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only." 129.06. Violations Any person violating any of the provisions of this Chapter is guilty of a misdemeanor. 129.07.307.06 Additional Provisions 1. No trespass notice shall be effective for more than one year. 2. All trespass notices issued pursuant to this Chapter must be properly propertly served upon the person named therein as follows: (a) Personal service documented by either a receipt signed by the person to whom it was issued or an affidavit of the issuer; or (b) If the person is arrested, or detained, or identified by a police officer, the officer may personally serve the notice verbally or in writing on behalf of the property manager or tenant and document service in the officer's official police report detailing the incident. 129.08. Severability If any section or portion of any section of this Chapter is deemed invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of other sections or portions of sections of this Chapter. Section 9 94 Jufn!8/ That the Fridley City Code Chapter 127, Sexually Oriented Businesses, be hereby amended as follows: Fridley City Code Chapter 127. Sexually Oriented BusinessesChapter 308 Adult Entertainment Establishments 127.01.308.01 Purpose and Intent It is the purpose of this ordinance Chapter is to regulate Sexually Oriented BusinessesAdult Entertainment Establishments to promote the health, safety, morals, and general welfare of the citizens of the City of Fridley (City) and to establish reasonable and uniform regulations to: 1. Prevent additional criminal activity within the City; 2. Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood; 3. To locate Sexually Oriented BusinessesAdult Entertainment Establishments away from residential areas, schools, churches, and parks, and playgrounds; and 4. Prevent To prevent concentration of Sexually Oriented BusinessesAdult Entertainment Establishments within certain areas of the City. The provisions of this ordinance Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Minnesota Statute (M.S.) Chapter 617 is hereby adopted. 127.02.308.02 Definitions Adult Entertainment Establishment: A business that is open only to the adults and that presents live performances that are distinguished or characterized by an emphasis on the depiction of sexual conduct or nudity or a business that sells, offers to sell, or displays devices which simulate human genitals or devices which are designed for sexual stimulation. Adult use: any of the activities and businesses described below constitute "Sexually Oriented Businesses" which are subject to the regulations of this ordinance. 1. Adult book and/or media store: an establishment which excludes minors or which has a substantial portion of its stock in trade or stock on display books, magazines, films, videotape, or other media which are characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." 95 Jufn!8/ 2. Adult cabaret: an establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of "specified sexual activities" or "specified anatomical areas.3. Adult establishment: any business which excludes minors or offers its patrons services, entertainment, or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other adult establishments. 4. Adult hotel or motel: adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. 5. Adult mini-motion picture theater (a) A theater in an enclosed building, from which minors are excluded, with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on- matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." (b) Any business which presents motion pictures, from which minors are excluded, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent. 6. Adult modeling studio: an establishment, which excludes minors, whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. 7. Adult motion picture arcade: any place which excludes minors wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motor picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized. by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. 96 Jufn!8/ 8. Adult motion picture theater: a theater in an enclosed building, from which minors are excluded, with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 9. Adult novelty business: a business, from which minors are excluded, which sells, offers to sell, or displays devices which simulate human genitals or devices which are designed for sexual stimulation. I 10. Specified anatomical areas are any of the following conditions: (a) Less than completely and opaquely covered: (1) human genitals, pubic region, or pubic hair; (2) buttock; (3) female breast below a point immediately above the top of the areola; and (4) human male genitals in a discernibly turgid state, even if opaquely covered. 11. Specified Sexual Activities are any of the following conditions: (a) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal. (b) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed. (c) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ. (d) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. 127.03.308.03 Application of this Ordinance Except as in this ordinance Chapter specifically provided, no structure shall may be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall may be used, for any purpose nor in any manner which is not in conformity with this ordinanceChapter. No Adult 97 Jufn!8/ Entertainment Establishment Sexually Oriented Business shall may engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Fridleychapter of the Fridley City Code (Code), the laws of the State of Minnesota, or the United States of Americaor any other State or federal regulation. Nothing in this ordinance Chapter shall may be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinancesany other City, State, or federal regulation, including but not limited to statutes or ordinance prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors. 127.04.308.04 Non-Conforming Uses All Adult Entertainment Establishments Sexually Oriented Businesses which were lawfully in existence as of the effective date of this ordinance Chapter and which were rendered nonconforming by the application of this ordinance Chapter shallwill be subject to abatement within three (3) years of the date of enactment of this ordinance be allowed to continue. 127.05.308.05 Location During the term of this ordinanceChapter, no Adult Entertainment Establishment Sexually Oriented Businesses shall may be located less than 500 feet from any residential zoning district boundary or site used for residential purposes, and less than 1,000 feet from any church site, from any school site, or from any park which is adjacent to property zoned residential. In addition, no Adult Entertainment Establishment Sexually Oriented Business may be located within 1,000 feet of another Adult Entertainment EstablishmentSexually Oriented Business. For purposes of this ordinanceChapter, this distance shall will be a horizontal measurement from the nearest existing residential district boundary property line or site used for residential purposes, church site, school site, park site, or another Adult Entertainment Establishment Sexually Oriented Business site to the nearest boundary property line of the proposed Adult Entertainment Establishment Sexually Oriented Business site. 127.06.308.06 Hours of Operation No Adult Entertainment Establishment Sexually Oriented Business site shall may be open to the public from the hours of 11:00 o'clock p.m. to 8:00 o'clock a.m. 127.07.308.07 Operation 1. An establishment operating as a an Adult Entertainment Establishment Sexually Oriented Business shall must prevent off-site viewing of its merchandise, which if viewed by a minor, would be in violation of M.S. Chapter 617 or other applicable Federal or State Statutes or local ordinances.State or federal regulation. 2. All entrances to the business, with the exception of emergency fire exits which are not useable by patrons to enter the business, shall must be visible from a public right-of-way. 98 Jufn!8/ 3. The layout of the display areas shall must be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material. 4. Illumination of the premises exterior shall must be adequate to observe the location and activities of all persons on the exterior premises. 127.08.308.08 Signs Signs for Adult Entertainment Establishment Sexually Oriented Businesses shall must comply with the City's sign ordinanceSigns chapter of the Code., and in addition signs for Sexually Oriented Businesses Signs for Adult Entertainment Establishment shall may not contain representational depictions of an adult nature or graphic descriptions of the adult theme of the operation. 127.09.308.09 Licenses All establishments, including any business operating at the time this ordinance Chapter becomes effective, operating, or intending to operate an Adult Entertainment EstablishmentSexually Oriented Business, shall must apply for and obtain a license with the City of Fridley. 1. Licenses Required (a) A person is in violation of the City Code if he they operates a Sexually Oriented Businessan Adult Entertainment Establishment without a valid license, issued by the City. (b) An application for a license must be made on a form provided by the City. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. (c) The applicant must be qualified according to the provisions of this Chapter and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building officialState and County regulations, and inspection requirements established by the City. (d) Application for license shall must be made only on the forms provided by the City. Four (4) complete copies of the application shall be furnished to the office of the City Clerk containing A completed application must include the address and legal description of the property to be used; the names, addresses, phone numbers of the owner, lessee, if any, and the operator or manager; the name, address, and phone number of two persons, who shall must be residents of the State of Minnesota, and who may be called upon to attest to the applicant's, manager's, or operator's character; whether the applicant, manager, or operator 99 Jufn!8/ has ever been convicted or a crime or offense other than a traffic offense and, if so, complete and accurate information as to the time, place, and nature of such crime or offense including the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as and regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, or furnishing or acquiring the premises, personal effects, equipment, or anything incident to the establishment, maintenance and operation of the business. (e) If the application is made on behalf of a corporation, joint business venture, partnership, or any legally constituted business association, it shall must submit along with its application, accurate and complete business records showing the names and addresses of all individuals having an interest in the business, including partners, officers, owners, and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of said business and, in the case of a corporation, the names and addresses of all officers, general managers, members of the board of directors as well as any creditors who have extended credit for the acquisition, maintenance, operation, or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation. (f) All applicants shall must furnish to the City, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having, an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall must be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements, and any other documents establishing the interest of the applicant or any other person in the operation, acquisition, or maintenance of the enterprise. 2. Issuance of License (a) The Public Safety DirectorCity Manager or their designee shall will recommend approval of the issuance of a license by the City to an applicant within 45 days after receipt of an application unless he they finds one or more of the following to be true: (1) An applicant is under 18 years of age. (2) An applicant or an applicant's spouse is overdue in his their payment to the City, County, or State of taxes, fees, fines, or penalties assessed against him them or imposed upon him them in relation to a Sexually Oriented Businessan Adult Entertainment Establishment. (3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. 9: Jufn!8/ (4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapterChapter, other than the offense of operating a Sexually Oriented Businessan Adult Entertainment Establishment without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall will have no effect. (5) An applicant is residing with a person who has been denied a license by the City to operate a Sexually Oriented Businessan Adult Entertainment Establishment within the preceding 12 months, or residing with a person whose license to operate a Sexually Oriented Businessan Adult Entertainment Establishment has been revoked within the preceding 12 months. (6) The premises to be used for the Adult Entertainment Establishment Sexually Oriented Business have not been approved by the County Health Department or City health department, fire department, and the building official as being in compliance with applicable laws. and ordinances; such Such inspections shall must be completed within thirty (30) days from the date the application was submitted, provided that the application contains all of the information required by this ordinanceChapter. If the application is deficient, the inspections shall must be completed within thirty (30) days from the date the deficiency has been corrected. (7) The license fee required by this chapter Chapter has not been paid. (8) An applicant has been employed in a Sexually Oriented Businessan Adult Entertainment Establishment in a managerial capacity within the preceding 12 months and has demonstrated that he isthey are unable to operate or manage a Sexually Oriented Business an Adult Entertainment Establishment premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. (9) An applicant or an applicant's spouse has been convicted of a crime involving any of the following offenses: ((a)) Any sex crimes as defined by Minnesota Statutes M.S. Chapter 609.29 through 609.352 inclusive or as defined by any ordinance or statute Statute in conformity therewith; ((b)) Any obscenity crime is defined by Minnesota statutes 617.23 through 617.299M.S. Chapter 617 inclusive, or as defined by any ordinance or statute in conformity therewith; for which:including: ((1)) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; :1 Jufn!8/ ((2)) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or ((3)) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the conviction are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring, within any 24 month period. (b) The fact that a conviction is being appealed shall will have no effect on the disqualification of the applicant or applicant's spouse. (c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection 127.09.02.(9)Section 308.09 (2) may qualify for a Sexually Oriented Business an Adult Entertainment Establishment license only when the time period required by Subsection 127.09.02.(9) has elapsed.the same section has lapsed. (d) The license, if granted, shall must state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Adult Entertainment Establishment =Sexually Oriented Business. The license shall must be posted in a conspicuous place at or near the entrance to the Adult Entertainment Establishment Sexually Oriented Business so that it may be easily read at any time. (e) The Fridley City Council (Council) shall must act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all of the information required by this ordinanceChapter. If the application is deficient, the Council shall must act on the application within 120 days from the date that the deficiency has been corrected. (f) Within 90 days after the decision by the Council, the applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk of the Municipality. 3. Fees An initial investigation fee of $400.00 shall be charged at the time the application is filed; no part of this fee shall be refundable. If after review of the application the license is approved, the license holder shall pay $400.00 for the initial license and $400.00 per annum each time the license is renewed. The fees for this Chapter are set forth in the Fees chapter of this Code. 4. Inspection (a) An applicant or license license holder shall must permit representatives of the police department Public Safety Department, Building Inspection Division, and County Health :2 Jufn!8/ Department , fire department, and housing and building inspection division, to inspect the premises of a Sexually Oriented Businessan Adult Entertainment Establishment for the purpose of ensuing compliance with the law, at any time it is occupied or open for business. (b) A person who operates a Sexually Oriented Businessan Adult Entertainment Establishment or his their agent or employee commits an offense if he they refuses to permit a lawful inspection of the premises by a representative of the police departmentCity or County at any time it is occupied or open for business. (c) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. 5. Expiration of License (a) Each license shall will expire one year from the date of issuance and may be renewed only by making application as provided in Section 127.09.01 Section 308.09 (1). Application for renewal should be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the license will not be affected. (b) When the City denies renewal of a license, the applicant shall may not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. 6. Suspension The City may suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a license has: (a) Violated or is not in compliance with any provisions of this Chapter. (b) Engaged in excessive use of alcoholic beverages while on the Adult Entertainment Establishment Sexually Oriented Business premises. (c) Refused to allow an inspection of the Adult Entertainment Establishment Sexually Oriented Business premises as authorized by this Chapter. (d) Knowingly permitted gambling by any person on the Adult Entertainment Establishment Sexually Oriented Business premises. (e) Demonstrated inability to operate or manage a Sexually Oriented Businessan Adult Entertainment Establishment in a peaceful and law-abiding manner, thus necessitating action by law enforcement officersthe Police Division. :3 Jufn!8/ (f) A suspension by the City shall must be proceeded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof. 7. Revocation (a) The City may revoke a license if a cause of suspension in section 127.09.6 section 308.09 (6) occurs and the license has been suspended within the preceding 12 months. (b) The City shall will revoke a license if it determines that: (1) A licensee gave false or misleading information in the material submitted to the City during the application process; (2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) A licensee or an employee has knowingly allowed prostitution on the premises; (4) A licensee or an employee knowingly operated the Adult Entertainment Establishment Sexually Oriented Business during a period of time when the licensee's license was suspended; (5) A licensee has been convicted of an offense listed in Section 127.09.02. A. (9) section 308.09 (2) for which the time period required in Section 127.09.02.A. (9)in the same section has not elapsed; (6) On two or more occasions within a 12 month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 127.09.02.A. (9)section 308.09 (2) for which a conviction has been obtained, and. the person or persons were employees of the Adult Entertainment Establishment Sexually Oriented Business at the time the offenses were committed. (7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises. (8) A licensee is delinquent in payment to the County or State for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the Adult Entertainment EstablishmentSexually Oriented Business. (c) The fact that a conviction is being appealed shall will have no effect on the revocation of the license, :4 Jufn!8/ (d) Subsequent B. (7) doesSection 308.09 (7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. (e) When the City revokes a license, the revocation shall will continue for one year and the licensee shall will not be issued a Sexually Oriented Businessan Adult Entertainment Establishment license for one year from the date revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under Subsection 127.09.07.B. (5) section 308.09 (7) an applicant may not be granted another license until the appropriate number of years required under Section 127.09.02.A. (9) section 308.09 (2) has elapsed. (f) A revocation by the City shall must be proceeded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof. 8. Transfer of License A licensee shall may not transfer this license to another, nor shall a licensee operate a Sexually Oriented Business under the authority of a license at any place other than the address designated in the application. 9. Appeals (a) Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code. (b) Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision. 127.10. Severability Every section, provision, or part of this ordinance or any permit issued to this ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this ordinance or any permit issued pursuant to this ordinance shall be held invalid by a court of competent jurisdiction it shall not invalidate any other section, provision, or part thereof. :5 Jufn!8/ Section 10 That the Fridley City Code Chapter 121, Liquor Consumption Use or Display, be hereby amended as follows: Fridley City Code Chapter 121.309 Liquor Consumption, Use or Display 309.01 Purpose This Chapter regulates the use of alcohol in public places such as parks, streets, parking lots and other areas defined as public property in the City of Fridley (City). 121.01309.02 Definitions The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follows: 3.2% Malt Liquor: malt liquor containing not less than one-half of one percent (.5%) alcohol by volume nor more than 3.2 percent (3.2%) alcohol by weight and which is a fermented malt beverage. Alcoholic Beverage: any beverage containing more than one-half of one percent alcohol by volume. Consumption, use or display: any drinking, consuming, exhibiting, showing, imbibing, or having in one's possession or control. Intoxicating Liquor: ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverage containing in excess of 3.2 percent (3.2%) of alcohol by weight. Parking Area: any area or space used for the parking of vehicles. 121.02309.03 Prohibited Use or Consumption 1. No person shall consume an alcoholic beverage in any parking area connected with or a part of the land area of a premises which has been issued an intoxicating liquor license, wine license or a license to sell 3.2% malt liquor, under Chapter(s) 602 or 603 the 3.2% Malt Liquor or Intoxicating Liquor chapters of the Fridley City Code (Code), including any parking area connected with or a part of the land area of the premises of any private bottle club, fraternal organization or other private club, defined in Chapter 605the Intoxicating Liquor chapter of the Fridley City Code, located within the City, except as permitted by Section 121.02.3309.03 (3). 2. No person shall carry any open receptacle, including a glass, bottle or other device used for the consumption of alcoholic beverages from the licensed premises. :6 Jufn!8/ 3. No person shall consume an alcoholic beverage or possess an open container containing any alcoholic beverage in any public place or on any public street, highway, alley, sidewalk, or in any public or private parking area unless the consumption of alcoholic beverage is permitted under: (a) State law, County ordinance, or City ordinanceCode; (b) A temporary on-sale 3.2% malt liquor license; (c) A temporary on-sale intoxicating liquor license; (d) A one-day consumption and display permit; or (e) Any other liquor license or permit issued or approved by the City. 121.03 Penalties Any violation of this Chapter is a misdemeanor and subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. 121.04 Severability Every section, provision or part of this Chapter is declared separable from every other section, provision or part to the extent that if any section, provision, or part of this Chapter shall be held invalid, such holding shall not invalidate any other section, provision or part hereof. Section 11 That the Fridley City Code Chapter 108, Fire Prevention, be hereby amended as follows: Fridley City Code Chapter 108.316 Fire Prevention 316.01 Purpose This chapter will provide regulations and processes related to the Fire DivisionÔs standards of operation as they relate to matters of fire prevention in the City of Fridley (City). 316.02 Definitions Alarm System includes a detection, alarm, or extinguishing system intended for heat, smoke, flames, or hazardous atmosphere that may or may not be monitored by a third-party notification system as required by the Fridley City Code (Code). :7 Jufn!8/ Burner: a firebox, barrel or similar container used for an outdoor fire, but not including grills or barbecues used principally for the cooking of food, or outdoor fireplaces. Burning Permit: a permit issued by the Fire Chief or their designee authorizing fires. Bon Fire: an outdoor fire utilized for recreational purposes. False Alarm means any of the defined above Alarm Systems that alert the response of emergency apparatus or personnel to a premise for any reason other than an intended emergency. This includes failure to properly maintain alarm systems and factors that may be outside of the control of the alarm user. Fire Extinguishing Equipment: any National Fire Protection Association (NFPA) compliant equipment and material such as a fire extinguisher with a minimum 4-A rating, garden hose and water supply, or shovel and sand, that is used for the purpose of extinguishing a fire. Open Fire or Open Burning: the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air are open and permit the escape of exhaust gas. Outdoor Fire Place: a manufactured freestanding fire pit or barbecue pit approved and listed by a nationally recognized agency for the purpose of recreational fires that is enclosed with spark arresting screening and is used per the manufacturerÔs instructions. Person: any natural person acting either individually or in any representative capacity, a corporation, a company, a partnership, or an association of any nature or kind. Recreational Fire: a fire set for cooking, warming or ceremonial purposes which is not more than three feet in diameter by two feet high, and has had the ground five feet from the base of the fire cleared of all combustible material. Starter Fuels: dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution may be used to start an open fire. Wood: dry, clean fuel only such as twigs, branches, limbs, commercially made logs for heating, charcoal, cord wood or untreated dimensional lumber. "Wood" does not include wood that is green, leaves or needles, rotten, wet, oil soaked or treated with paint, glue or preservatives. Clean wooden pallets may be used for recreational fires when cut into three-foot lengths. :8 Jufn!8/ 108.01.316.03 Adoption of Minnesota State Fire Code The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety through the Division of the Fire Marshal, pursuant to Minnesota Statutes 299F.011, including amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety through the Fire Marshal Division, hereinafter referred to as MSFC, is hereby adopted by reference with the exception of the optional appendices, unless specifically stated in this section of the City Code, as the Fire Code for the City of Fridley. The MSFC is hereby incorporated in this section of the City Code as if fully set out herein.Pursuant to Minnesota Statute § 299F.011 the Minnesota State Fire Code (MSFC) is hereby adopted into the Code, including the following optional appendices: Appendix D: Fire Apparatus Access Roads Appendix E. Hazard Categories Appendix F: Hazard Ranking in Accordance with NFPA 704 Appendix O: Fires or Barbecues on Balconies or Patios. 108.02. Application, Administration and Enforcement316.04 Administration The application, administration, and enforcement of this code Chapter shall be in accordance with the MSFC. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 299F.011. The code enforcement agency of the City of Fridley is the City of Fridley Fire DepartmentDivision and the Code Official is the Fire Chief or their designee. 316.05 Inspection 1. Commercial and rental dwellings are at all times subject to a Fire and Life Safety Inspection at the discretion of the Fire Chief or their designee to determine whether they are in compliance with the Code and State law. The Fire Marshal shall set up a schedule of periodic inspections to ensure city-wide compliance with this Chapter. Personnel conducting inspections shall provide reasonable motive to the owner or operator as to the date and time of the inspection. For purposes of this Chapter, rental dwellings shall only be inspected within common and shared areas where fire and life safety features are not in individual or privately occupied units. 2. When the Fire Chief or their designee determines an occupancy fails to meet the provisions within this Chapter, a written correction order shall be sent to the owner via U.S. Mail. The order will include the following information: (a) Describe the location and nature of the violation in this Chapter; and (b) Specify a reasonable time in which violations must be corrected. 3. Upon expiration of the above correction order, the Fire Chief or their designee will conduct a compliance check to confirm the violation has been corrected. :9 Jufn!8/ 4. After a compliance check, if a violation has not been corrected and an additional reinspection is required, a reinspection fee shall be invoiced to the business owner as set forth in the Fees chapter of the Code. 108.03.316.06 Required Permits, Fees and User Surcharges 1. Fire Department User Surcharge. A surcharge equal to .1% (1/10%) of the project valuation of each building permit issued shall be collected at the time a building permit is issued. 2.1. Permit Required Prior To to Initiation of Activity. Applicants seeking a permit as specified by provision of the MSFC or this codeCode, shall be in receipt of said permit prior to commencement of the regulated activity, construction, installation, modification, maintenance, operation or process granted by said permit. 3.2. Required Construction Permits. Fire Department Division Construction Permits permits required by MSFC provision or this code Code shall be issued by the code officialCode Official for the construction or modification of the following systems under the conditions as stated herein or in the MSFC: A.(a) Automatic Fire-Extinguishing Systems: installation or modification to an automatic fire- extinguishing system. B.(b) Compressed Gases: installation, repair damage to, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system. C.(c) Fire Alarm and Detection Systems and Related Equipment: installation of or modification to fire alarm and detection systems and related equipment D.(d) Fire Pumps and Related Equipment: installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers and generators. E.(e) Flammable and Combustible Liquids: to repair or modify a pipeline for the transportation of flammable or combustible liquids; to install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used; and to install, alter, remove, abandon, place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. F.(f) Hazardous Materials: to install, repair damage to, abandon, remove, place temporarily out of service, close, or substantially modify a storage facility or other area regulated by MSFC Chapter 27 and MSFC Table 105.6.21105.6.20. G.(g) Industrial Ovens: o installinstallation of industrial ovens covered by MSFC Chapter 2130. :: Jufn!8/ H.(h) LP Gas System: installation or modification of an LP - gas system. I.(i) Private Fire Hydrants: installation or modification of private fire hydrants. J. (j)Spraying or Dipping: to install or modify a spray room, dip tank or booth. K.(k) Standpipe-Systems: installation, modification, or removal from service of a standpipe system. L.(l) Temporary Membrane Structures, Tents, and Canopies: erection of an air-supported temporary membrane or tent having an area in excess of 200 ft² or a canopy in excess of 400 ft². 4. Commence Commencement of Work Prior to the Issuance of a Construction Permit. If work for which a permit is required by this Section 108.02.3 has been commenced without first obtaining the required permit, a special investigation shall be made by the Fire Chief or their designee before a permit may be issued for the work. An investigation fee will be charged for the investigation. The investigation fee shall be equal to the permit fee for the permitted activity and shall be collected in addition to the required permit fee. 5. Operational Permits. An operational permit shall be required for specific operations or businesses in the City of Fridley as set forth in MSFC Sections 105.6.1 through 105.6.46 50 or within this codeCode. 6. Permit Fees. Wherein permits are required by the MSFC or other provision of this code, the Code Official shall collect fees in accordance with the schedule set forth in Chapter 11 of the City Code of Fridley. Permit fees shall be paid prior to the issuance of any permit. Fees shall be reviewed annually to insure proper charges for services rendered. 7.6. Permit To Remain On Premise. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the Code Official. 108.04.316.07 Portable Fire Extinguishers 1. All required portable fire extinguishers shall be selected, installed, and maintained in accordance with MSFC Section 906 and National Fire Protection Association (NFPA) Standard 10, Standard for Portable Fire Extinguishers. 2. The recharging and certification of portable fire extinguishers shall be accomplished by persons who are skilled and competent in such work, including certified firms or individuals who are actively engaged in the business of portable fire extinguisher servicing. 108.05.316.08 Fire Lanes 211 Jufn!8/ 1. The Code Official shall be empowered to order the establishment of fire lanes on public or private property in accordance with the MSFC. When such fire lane is established on public property or a public right of way, the necessary sign or signs shall be provided by the City of Fridley, and when on private property, the required signage shall be erected and maintained by the owner at his/hertheir expense. Following installation of fire lane signs, no person shall park a vehicle or otherwise occupy or obstruct a fire lane. 2. Fire Lane Sign Specifications A.(a) Fire lane signs shall have a minimum dimension of 12" inches wide by 18" inches high and shall contain the legend "NO PARKING - FIRE LANE" in red letters on a white, reflective background. B.(b) Signs shall be posted at each end of the fire lane and every 75-foot interval within the fire lane. C.(c) Safety islands under 75 feet in length shall have one fire lane sign centered in the island. Safety islands over 75 feet in length shall have signs posted at each end of the island and every 75-foot interval within the fire lane. Safety islands that are odd shaped may require additional signage as approved by the Code Official. D.(d) Curbs shall be painted yellow and maintained along fire lanes at mercantile, educational, institutional, and commercial residential (hotels, motels, condominiums, and apartments) occupancies and in other specific areas as designated by the Code Official. E.(e) Sign posts shall be set back a minimum of 12 inches but not more than 60 inches (five feet) from the curb. F.(f) A Fire fire Lanelane, as approved by the Code Official, shall be required in front of every sprinkler system Fire Department Division connection allowingconnections for sprinkler systems in order to allow for unobstructed connection of hose(s) for firefighting purposes. 108.06.316.09 Fire Alarm and Detection Systems Fire alarm and detection systems shall be required in occupancies as specified in the MSFC and this codeChapter. All fire alarm and detection systems shall be installed and maintained in accordance with National Fire Protection Association (NFPA) Standard 72, National Fire Alarm Code and the MSFC. 1. Local Protective Alarms in Multiple Family Residential Buildings. Group R2 apartment buildings and condominiums located in the City of Fridley having more than four (4) dwelling units and less than seventeen (17) dwelling units or having three (3) stories in height shall be equipped with a local protective system installed and maintained in accordance with National Fire 212 Jufn!8/ Protection Association (NFPA) Standard 72, National Fire Alarm Code. A fire alarm system shall be installed in accordance with MSFC §§ 907.2.9.1 through 907.2.9.1.2 in Group R-2 occupancies where: (a) Any sleeping unit or dwelling unit is located two or more stories above the story containing the lowest level of exit discharge; (b) Any sleeping unit or dwelling unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit; (c) The building contains more than 16 dwelling units or sleeping units; or (d) The building is used as a congregate living facility, dormitory, convent, monastery, fraternity, sorority, group home, or shelter and has an occupant load of 20 or more. 2. Notification Required. Where a fire detection, alarm or extinguishing system required by this Code Chapter or the MSFC is out of service for any reason, the fire departmentFire Division shall must be notified immediately. Notification of the fire departmentFire Division through its dispatch center, Anoka County Central Communications, Anoka County Dispatch shall will be construed as proper notification. 108.07.316.10 Deliberate or Negligent Burning It shall be is unlawful for any person to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property. 108.08.316.11 Removal or Tampering with Equipment 1. It shall is be unlawful for any unauthorized person to remove, tamper with or otherwise disturb any fire hydrant, sprinkler system Fire DepartmentCity connection, fire detection and alarm system, fire suppression system, or other fire appliance required by this code Code or the MSFC. 2. No person shall may render a system or device inoperative during an emergency unless by direction of the Fire Chief or fire department officialtheir designee in charge of the incident. 108.09.316.12 Removal of or Tampering with Appurtenances Locks, gates, doors, barricades, chains, enclosures, signs, tags, notices, or seals which have been installed by or at the direction of Code Official shall must not be removed, unlocked, destroyed, tampered with or otherwise vandalized in any manner. 108.10.316.13 Obstruction of Egress 213 Jufn!8/ No person shall may physically obstruct or otherwise prevent the use by any other person of an egress device required by this code Code or the MSFC. 108.11.316.14 Fires or Barbecues on Balconies or Patios 1. Open Flame Prohibited. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of the structure. 2. Fuel Storage Prohibited. No person shall store or use any fuel, barbecue, torch, or other similar device in the locations designated in Section 1. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the Code Official. See MSFC Appendix O for open flame and fuel storage restrictions on balconies or patios. 108.12.316.15 Fire Apparatus Access Roads 1. Access and Loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 50,000 pounds. 2. Turning Radius. The minimum turning radii shall be determined by the Code Official but in no case shall be less than twenty eight (28) feet. 3. Fire Apparatus Road Gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: A. The minimum gate width shall be twenty (20) feet. B. Gates shall be of the swinging or sliding type. C. Construction of gates shall be of materials that allow manual operation by one person. D. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. E. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the Code Official. 214 Jufn!8/ F. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools. G. Locking device specifications shall be submitted for approval by the Code Official. 4. Access Road Remoteness. Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. 5. Aerial Fire Apparatus Access Roads A. Buildings or portions of buildings or facilities thirty (30) feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. B. Fire apparatus access roads shall have a minimum unobstructed width of twenty-six (26) feet in the immediate vicinity of any building or portion of building more than thirty (30) feet in height. C. At least one of the required access routes meeting this condition shall be located within a minimum of fifteen (15) feet and a maximum of thirty (30) feet from the building, and shall be positioned parallel to one entire side of the building. 6. Turnarounds Required. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions approved by the Code Official. See MSFC Appendix D for detailed elements of fire apparatus access roads. 108.13.316.16 Open Burning 1. Open burning is prohibited in the City, except when permitted by the Fire Chief or their designee. Burning Prohibited. Except as otherwise permitted by this section, all open burning is prohibited in the City of Fridley. 2. Definitions. For the purposes of this section the following definitions shall apply: A. ÑOpen FireÒ or ÑOpen BurningÒ means the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. 215 Jufn!8/ B. ÑPersonÒ includes any natural person acting either personally or in any representative capacity, a corporation, a firm, a co-partnership, or an association of any nature or kind. C. ÑStarter FuelsÒ mean dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution may be used to start an open fire. D. ÑWoodÒ means dry, clean fuel only such as twigs, branches, limbs, commercially made logs for heating, charcoal, cord wood or untreated dimensional lumber. "Wood" does not include wood that is green, leaves or needles, rotten, wet, oil soaked or treated with paint, glue or preservatives. Clean pallets may be used for recreational fires when cut into three foot lengths. E. ÑRecreational FireÒ means a fire set for cooking, warming or ceremonial purposes which is not more than three (3) feet in diameter by two (2) feet high, and has had the ground five (5) feet from the base of the fire cleared of all combustible material. F. ÑBurning PermitÒ is a permit issued by the Fire Chief or designee authorizing fires exempted from the general provisions hereof and setting conditions therefore. G. ÑBurnerÒ means a firebox, barrel or similar container used for an outdoor fire, but not including grills or barbecues used principally for the cooking of food, or outdoor fireplaces. H. ÑOutdoor Fire PlaceÒ means a manufactured freestanding fire pit or barbecue pit approved and listed by a nationally recognized agency such as Underwriters Laboratories (UL) for the purpose of recreational fires that is enclosed with spark arresting screening and is used per the manufacturerÔs instructions. I. ÑBon FireÒ means an outdoor fire utilized for ceremonial purposes. J. ÑFire Extinguishing EquipmentÒ means any approved equipment and material such as a fire extinguisher with a minimum 4-A rating, garden hose and water supply, or shovel and sand, that is used for the purpose of extinguishing a fire. 3.2. Exemptions. The following types of open burning shall be exempt from the prohibition of Section 108.13.1316.16(1): A.(a) Recreational fires subject to the conditions of this Section 108.13-12. B.(b) Fires purposely set under the supervision of the Fire Department Division for the instruction and training of fire fightingfirefighting personnel. C.(c) Fires for which a burning permit has been obtained. 216 Jufn!8/ 4.3. Burning Permit. Except for permits issued by the Minnesota Department of Natural Resources for fire training and permanent burn sites, the Fire Chief or their designee may issue a burning permit for any of the following: A.(a) Fires set for the elimination of a fire hazard which cannot be abated by any other practical means. B.(b) Fires purposely set for forest, prairie, or and game management purposes when no other alternative methods are practical. C.(c) The burning of trees, brush, grass, and other vegetable mattervegetation in the clearing of land, the maintenance of street, roadway, highway or railroad right-of-way, park land, and in accepted agricultural land management practices where chipping, composting, landscaping, or other alternative methods are not practical. D.(d) The disposal of diseased trees generated on site or diseased or infected nursery stock. E.(e) Ground thawing for utility repair and construction. F.(f) Bon Fires under the direct supervision of the Fire DepartmentDivision. 5.4. Prohibited Materials. A.(a) No permit may will be issued by the City for the 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 filters. B.(b) No permit shall will be issued by the City for the open burning of hazardous waste or salvage operations, 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 industrial structures, or discarded material resulting from the handling, processing, storage, preparation, serving, or consumption of food. 6.5. Procedure for Permit Issuance. A.(a) Application An application for a burning permit shall be submitted to the Fire Chief on a form prescribed by the City. B.(b) The Permit permit fee shall be as provide inis set forth chapter 11 of the Cityin the Fee chapter of the Code. 217 Jufn!8/ C.(c) The Fire Chief, or their designee, shall review the application to insureensure compliance with the provisions of this section Chapter and any applicable State laws and/or regulations. D.(d) The Fire Chief, or their designee, may inspect the proposed burn site on such occasions and at such time as is deemed necessary to adequately review the application. Submission of the application shall constitute authorization for the Fire Chief, or their designee, to enter the premises for this purpose. E.(e) Within five business days, excluding Saturdays, Sundays, and legal holidays, after receipt of the application, the Fire Chief, or their designee, shall either grant or deny the application. 7.6. Denial of Permit. A.(a) Application An application for a burning permit may be denied by the Fire Chief or their designee for any one of the following reasons: 1.(1) The proposed fire or burn site does not meet the requirements of this sectionChapter. 2.(2) The Fire Chief, or their designee, determines that there is a practical alternative method of disposal of the material. 3.(3) The Fire Chief, or their designee, determines that the fire would result in a pollution or nuisance condition. 4.(4) The Fire Chief, or their designee, determines that the burn cannot be safely conducted, and no plan has been submitted to adequately address the safety concerns. 5.(5) The location of the burning shall will not be within 600 feet of an occupied residence other than those located on the property on which the burning is conducted. 6.(6) The denial of any application shall must be in writing and shall must state the reasons for the denial. B.(b) Any person aggrieved by the denial of a burning permit by the Fire Chief or their designee may appeal that decision to the Fridley City Council (Council) by submitting a written request or appeal to the Fire Chief's office within ten 14 business days after the date of the denial. The Fire Chief shall submit the appeal request to the City Manager for placement on the next available agendaCouncil agenda for consideration by the Council. 8.7. Responsibilities of the Permit Holder. The holder of any permit shall be responsible for the following: A.(a) Have a valid permit in possession at the burn site at all times during the burn. 218 Jufn!8/ B.(b) Prior to starting burn, confirming confirm that no burning ban or air quality alert is in effect. C.(c) Constant attendance by the permit holder or competent representative during a burn event. D.(d) Availability at the burn site of appropriate communication and fire extinguishing equipment as required by the permit or any fire safety plan approved by the Fire Chief, or their designee, as part of the permit process. E.(e) Not allowing the fire to smolder. F.(f) Being sure that the fire is completely extinguished before the permit holder or the permit holderÔs representative leaves the site. G.(g) All costs incurred as a result of the burn including, but not limited to, fire suppression, administrative fees, property damage and personal injuries. 9.8. Revocation of Permit. An officer of the Minnesota Department of Natural Resources, the Fire Chief, or their designee, may revoke any burning permit for appropriate reasonsgood cause including, but not limited to: A.(a) A fire hazard exists or develops during the course of the burn;. B.(b) Pollution or nuisance conditions develop during the course of the burn;. C.(c) The fire smolders with no flame present; or. D.(d) Any of the conditions of the permit are violated during the course of the burn. 10.9. Burning Ban or Air Quality Alert. No recreational fire or open burn will be permitted when the City or the Minnesota Department of Natural Resources has officially declared a burning ban due to potentialpotentially hazardous fire conditions or when Minnesota Pollution Control Agency has declared an air quality alert. 11.10. Use of Burners Prohibited. No person shall may use a burner within the City. 12.11. Recreational Burning. Recreational fires shall must comply with the following requirements: A.(a) Burning shall will be prohibited between 12:00 Midnight midnight and 9:00 AM a.m. during any day of the week. 219 Jufn!8/ B.(b) The fire shall not exceed three (3) feet in diameter and a flame height of approximately two (2) feet. C.(c) Only clean wood or charcoal may be burned. No burning of trash, leaves, or brush is allowed. D.(d) The fire is must be ignited with an approved starter fuel. E.(e) The fire is constantly attended by an adult persona person age 18 or older who is knowledgeable in the use of fire extinguishing equipment and an adult the attendant supervises the fire until the fire has been totally extinguished. F.(f) Fire-extinguishing equipment is readily available. G.(g) Fire The fire is not conducted within twenty-five (25) feet of a structure or combustible material. This distance may be reduced to within fifteen (15) feet of a structure or combustible material when it is contained in an outdoor fireplace or container approved by the Fire Chief or their designee. H.(h) Any conditions that could cause a fire to spread to within twenty-five (25) feet of a structure shall must be removed or eliminated prior to ignition. I.(i) Recreational fires are not permitted on windy days when smoke may create a nuisance. (j) Recreational fires are not permitted when a governing authority has issued a burn restriction of any type. 13. Severability. If any sections, subsection, sentence, clause or phrase of this code section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the code section. 108.14. Violations and Penalties A person who violates a provision of this code shall be guilty of a misdemeanor. 108.15 Fire Code Optional Appendices The MSFC, established pursuant to Minnesota Statutes 299F.011 allows a municipality to adopt by reference and enforce certain optional Appendices of the most current edition of the MSFC. The following optional appendices identified in the most current edition of the MSFC are hereby adopted and incorporated as part of the Fire Code for the City of Fridley. Appendix D: Fire apparatus access roads. 21: Jufn!8/ Appendix E: Hazard Categories. Appendix F: Hazard Ranking. Assignment of levels of hazards to be applied to specific hazard classes as required by NFPA 704. Appendix H: Fires or barbecues on balconies or patios. Appendix I: Special locking for group 1 occupancies. 316.17 Fees 1. The collection of service charges shall be as authorized in M.S. § 366.011. 2. Collection of unpaid service charges shall be as authorized in M.S. § 366.012. 3. The service charge amounts can be found in the Fees chapter of the Code and will be applied in the following instances: (a) Incident Response/Request. Vehicle Accident. Any incident response to an accident involving a motor vehicle where the Fire Division is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to extrication, medical care, absorbing liquid spills, vehicle system safety, and vehicle stabilization. An invoice will be sent to the motor vehicle owner or the ownerÔs insurance company. In the event the owner cannot provide insurance information and is charged for a criminal offense relating to the incident, the City will collect the fee through the criminal process. (b) Fires Along a Railroad Right of Way or Operating Property. Any incident response to a fire or fire hazard emergency caused by a railroad locomotive, rolling stock, or employees on a railroad right-of-way or operating property as authorized by M.S. § 219.761. A written notice will be sent to the railroad responsible for the railroad right-of-way or operating property in accordance with M.S. § 219.761. (c) Grass Fires Within Trunk Highway Right of Way. Any incident response to a grass fire within the right-of-way of a trunk highway or outside of the right-of way of a trunk highway if the fire originated within the right-of-way of a trunk highway as authorized by M.S. § 161.465. Certification of th expenses will be sent to the Commissioner of Transportation in accordance with M.S. § 161.465. (d) Technical Rescue. Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Division is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue. An invoice will be sent to the person or entity receiving the rescue service. 221 Jufn!8/ (e) Underground Pipeline Utility Breaks. Any incident response to an underground pipeline utility break if caused by an excavator or person other than a homeowner or resident. An invoice will be sent to the excavator or person responsible for the pipeline utility break. (f) Hazardous Materials. Any incident response to the release of hazardous material from its container, or the threat of a release of a hazardous material from its container, chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Division is able to render aid, provide assistance, or otherwise improve the conditions or protect the public. An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material. (g) Fires as a Result of Negligence. Any incident response to a fire that resulted from an act of negligence as defined in the False Alarms chapter of the Code. Examples of an act of negligence would include but not be limited to: methamphetamine labs, commercial and industrial operations where hot work is performed, and reasonable care is not exercised and burning of debris by contractors or property owners or occupants that results in subsequent fires to wild land or structures. An invoice will be sent to the person responsible for the negligent fire. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. (h) Lift assist or body removal of a decedent outside the course of emergency response duties. Any request received by a funeral home or similar entity to assist in the transfer or removal of a decedent for which the Fire Division did not attempt to resuscitate prior and places burden on emergency personnel and resources. An invoice will be sent to the requesting party. (i) Arson Fire. Any incident response to a fire where a person is charged under the arson statutes. The fire investigator responsible for the incident investigation will forward all costs encumbered by the Fire Department in association with the incident to the court for reimbursement through restitution. Section 12 That the Fridley City Code Chapter 701, Boats and Watercraft, be hereby amended as follows: Fridley City Code Chapter 701.317 Boats and Watercraft 317.01 Purpose The purpose of this chapter is to protect and preserve the peaceful enjoyment of any lake or waterway within the City of Fridley (City) and to provide for the compatibility of various uses of those bodies of water. 222 Jufn!8/ 701.01. Watercraft Regulations No person shall navigate, operate, dock, or anchor any boat or watercraft upon any water or waterway within the City of Fridley except in accordance with the provisions of this Chapter and all other rules and regulations made a part hereof by reference. 701.02.317.02 DefinitionDefinitions The following definitions shall will apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Boat: Every boat, houseboat, barge, vessel, raft, canoe, or other watercraft used as a support in or upon the water. 2. Motorboat: A boat propelled by an electric or internal combustion engine and includes both varieties commonly known as "outboard" and "inboard.Ò Public Nuisance: Any act or the operation of any watercraft in violation of this Chapter. Watercraft: Any device used or designed for navigation on water. 317.03 Watercraft Regulations 1. No person may navigate, operate, dock, or anchor any boat or watercraft upon any water or waterway within the City except in accordance with the provisions of this Chapter. 2. No boat exceeding 16 feet overall in length may be placed upon any lake or waterway in the City. 3. The use of motorboats within the City is prohibited. 4. Every sailboat must be navigated in accordance with the rules and regulations of Minnesota Statute Chapter 86B, which is hereby adopted. 5. No person may bring into or use upon any lake or waterway within the City any artificial float or air-inflated watercraft, except for paddleboards and kayaks. 6. Any non-motorized watercraft of 10 feet or longer must be registered with the State. 7. No person shall be in or remain in any boat or otherwise upon the lakes or any other waterways within the City after 12:00 midnight nor before daylight of the following day. 223 Jufn!8/ 8. No person under the age of 11 years may operate any watercraft unless accompanied by an adult. No owner of such a watercraft, may permit or allow a person under the age of 11 to operate or run such a watercraft unless accompanied by an adult. 9. No person may navigate, direct, or handle any watercraft in such a manner as to annoy, unnecessarily frighten or endanger the occupants of any watercraft or of persons in or upon the water. 10. No person may run, operate, navigate, or direct any watercraft within 100 feet of the area being used by persons for swimming or designated by the City as a swimming area. 701.03. Public Nuisance The doing of any thing, act or the operation of any watercraft in violation of any of the provisions of this Chapter is hereby declared to constitute a public nuisance and as such is hereby prohibited. 701.04. Underage No person under the age of eleven (11) years shall operate any rowboat, canoe or sailboat unless accompanied by an adult, except and unless a special permit thereof has been granted by the Council. No person, being the owner of such a watercraft, shall permit or allow a person under the age herein prescribed to operate or run such a watercraft unless accompanied by an adult. 701.05. Control No person shall navigate, direct or handle any boat in such a manner as to annoy, unnecessarily frighten or endanger the occupants of other boats or of persons in or upon the water. 701.06. Swimming Area No person shall run, operate, navigate or direct any sailboat within 100 feet of the area being used by persons for swimming or designated by the Council as a swimming area. 701.07. Maximum Length No boat exceeding sixteen (16) feet overall in length shall be placed upon any lake or waterway in the City of Fridley, except and unless a special permit has been granted by the Council. 701.08. Motorboats The use of motorboats within the City is prohibited. 701.09. Sailboats 224 Jufn!8/ Every sailboat shall be navigated in accordance with the rules and regulations of the Minnesota State Marine Laws, which regulations are hereby adopted and by this reference made a part of this Chapter. 701.10. Nighttime Operation No person shall be in or remain in any boat or otherwise upon the lakes or any other waterways within the City of Fridley after 12:00 midnight nor before daylight of the following day. 701.11. Floats and Air-Inflated Watercraft No person shall bring into or use upon any lake or waterway within the City of Fridley any artificial float or air-inflated watercraft of any kind or description. 701.12. Penalties Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. Section 13 That the Fridley City Code Chapter 703, Snowmobile Regulations, be hereby amended as follows: Fridley City Code Chapter 703.318 Snowmobile Regulations 318.01 Purpose The purpose of this chapter is to regulate the use of snowmobiles in the City of Fridley (City) to protect the health, safety, and welfare of the public, and promote public enjoyment of the CityÔs roads, trails, parks and other public spaces. Minnesota Statutes (M.S.) 84.81 and Minnesota Rules Chapter 6100 are adopted by reference. 703.01.318.02 Definitions The following definitions shall apply in the interpretation and application of this Chapter. and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Snowmobile: A self-propelled vehicle designed for travel on snow or ice steered by skis or runners. 2. Person: An individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. 225 Jufn!8/ 3. Owner: A person, other than a lien holder, having the title to a snowmobile and lawfully entitled to the use or possession thereof. 4. Operate: To ride in, or on, and control the operation of a snowmobile. 5. Street or Highway: The entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. 703.02.318.03 Operation Prohibited It is unlawful for any person to operate a snowmobile, nor any owner allow to be operated a snowmobile: 1. On any street, highway or public right-of-way within the city limits of FridleyCity. 2. On any public lands, waters and property under the jurisdiction of the City of Fridley unless specifically authorized by the Fridley City Council. 3. On land of another person, without lawful authority or consent of the owner, occupant or lessee. 703.03. ExemptionsExceptions The provisions of this Chapter shall do not apply to emergency vehicles, non-government vehicles operated under the direction of the Public Safety Director during emergencies, or vehicles operated by other governmental bodies within the course and scope of their official duties. 703.04. Penalties Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code, except that an owner of a snowmobile bearing his registration number that is operated upon the roadway of any trunk, county state aid, or county highway may be fined not to exceed $300.00. Section 14 That the Fridley City Code Chapter 113, Solid Waste Disposal and Recycling Collection, be hereby amended as follows: Fridley City Code Chapter 113 319 Solid Waste Disposal, Organics, Yard Waste and Recycling CollectionSolid Waste Management 319.01 Purpose 226 Jufn!8/ This chapter promotes the health, safety, and general welfare of the City of Fridley (City) through the proper management of solid waste, organics, yard waste, and recycling. The chapter encourages opportunities for waste reduction and recycling, addresses proper storage, collection, and disposal of waste and recyclable materials and ensures consistency with the requirements of state statutes, state rules, and Anoka County ordinances. 113.01.319.02 Definitions The following definitions shall will apply in the interpretation and enforcement of this Chapter. and the following words and terms wherever they occur in this Chapter are defined as follows: 1. Approved: Accepted by the City following its determination as to compliance with established public health practices and standards. Bulk Container: Any container larger than one cubic yard. 2. Commercial Establishment: Any premises where a commercial or industrial enterprise of any kind is carried on and shall will include, but is not limited to, clubs, churches and establishments of nonprofit organizations where food is prepared or served or goods are sold. 3. Compost: A mixture of decaying organic matter in a contained area. 4. Composting: Any above ground microbial process that converts yard waste and other allowable materials to organic soil additive or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. Construction Debris: All waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings and roads. 5. Containers: All carts, dumpsters, and other bulk receptacles used for the collection of mixed municipal solid waste, recycling, organics, construction debris, or yard waste. Dwelling Unit: A single unit providing complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Front Yard Setback: The minimum distance between the front line of a lot and a structure located on that lot. 7. Licensed Solid Waste Hauler: Any person or entity engaged in the collection and transportation of mixed municipal solid waste, recycling, yard waste, or organics in the City of Fridley and holding a valid solid waste hauling license from the City. 227 Jufn!8/ 8. Mixed Municipal Solid Waste: Garbage, refuse, and other solid waste, except construction and demolition wastedebris, from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, as defined in Minnesota State Statutes (M.S.) Chapter 115A. 9. Multiple Dwelling Unit: A residential structure with five or more dwelling units. 10. Person: Any person, firm, partnership, association, corporation, company or organization of any kind. 11. Public Nuisance: A condition which unreasonably annoys, injures or endangers the safety, health, comfort, or repose of a considerable number of members of the public. 12.Recyclable Materials or Recyclables: Materials that are separated from mixed municipal solid waste for the purpose of reprocessing, including, but not limited to, metal, paper, glass, and plastics, and textiles. This does not include material used to create refuse-derived fuel or material that is destroyed by incineration. Referred to as Ñrecyclables.Ò 13. Recycling: The process of collecting and preparing marketable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of materials in a manner that precludes further use. 14. Recycling Collector: Any person or entity engaged in collecting, transporting, and processing of recycled materials from residential or commercial sites in the City and holding a valid recycling collection license issued from the City. 15. Residential Properties: Attached and detached single, double, triple and quadruple dwelling units and manufactured homes. 16. Solid Waste: Garbage, refuse, construction and demolition debris and other discarded matter in solid form, but not including hazardous waste. 17. Source-Separated Compostable Materials or Organics: Food wastes, plant materials, and paper that is not otherwise recyclable as defined in Minnesota StatutesM.S. Chapter 115A that are: a1. Separated at the source by the waste generator for the purpose of transporting them to a commercial compost manufacturing facility; b.2. Collected separately from mixed municipal solid waste and are governed by the licensing provisions of Section M.S. § 115.93; c3. Delivered to a facility to undergo controlled microbial degradation to yield a humus-like product meeting the Minnesota Pollution Control AgencyÔs Class I or Class II, or equivalent, 228 Jufn!8/ compost manufacturing standards and where process rejects do not exceed fifteen (15) percent15 percent% by weight of the total material delivered to the facility; and d.4. May be transferred to a licensed compost manufacturing facility, unless the Commissioner of the Minnesota Pollution Control Agency determines that no other person is willing to accept the materials. 18. Yard Waste: Garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. 113.02.319.03 Solid Waste, Yard Waste, Tree Waste, Organics or Recyclables Disposal It is unlawful for any person to throw or deposit solid waste, yard waste, tree waste, organics or recyclables on any property within the City, except that the owner may maintain receptacles containers for collection of such items, provided such receptacles containers meet the requirements of Sections 113.04, 113.05, and 113.07 319.05-319.07. The owner of any private property, whether occupied or vacant, shall must at all times maintain the premises property free of litter. No person shall may dispose of solid waste upon any lands in the City of Fridley. Composting of organics may must be conducted if in full accordance with the terms of Section 113.10319.10. No person shall may burn mixed municipal solid waste, yard waste, organics or recyclables within the City except as allowed in the Fire Prevention Chapter of the Fridley City Code (Code). 113.03.319.04 Frequency of Collection Mixed municipal solid waste and organics must be collected a minimum of once a week, or more frequently if necessary, by a licensed solid waste hauler from all property within the City. 113.04.319.05 Containment of Mixed Municipal Solid Waste The owner of any dwelling unit or commercial establishment must provide and maintain on premises sufficient containers for the storage of all mixed municipal solid waste accumulated on the premises between collections. Each such container shall must be durable, watertight, impervious to insects and rodents, and shall must have a close-fitting, fly-tight lid. 113.05.319.06 Containment of Yard Waste Yard waste may be stored in containers provided by a licensed yard waste hauler, compostable bags, contained in a trailer, or bundles for no more than one week. 113.06.319.07 Containment of Organics Organics shall may only be stored by residents in special organics bags designed to breakdown during composting unless otherwise specified by the City. They shall must be stored for collection in containers provided by the licensed organics hauler for no more than one week in a container with a close-fitting, fly-tight lid equipped with odor-limiting features. 229 Jufn!8/ 113.07. 319.08 Container Screening/PlacementContainer Screening and Placement 1. Commercial Establishments and Multiple Dwelling Units (a) Commercial Establishments and Multiple Dwelling Units. Except as otherwise specified in this paragraph, Aany bulk container or dumpster used for the storage of mixed municipal solid waste, recyclables, yard waste, or organics must be screened from view of the public right-of-way, public park, or residential area. Any bulk container or dumpster located inside a building for collection of mixed municipal solid waste must be made out of metal for fire safety. Laundry rooms must have metal cans with metal lids for collection of mixed municipal solid waste. Recycling, yard waste, and organics containers less than one (1) cubic yard in capacity do not need to be screened from view of the public right-of-way, provided there are less than six (6) containers at a given location, but containers must be placed on a paved surface. Baled recyclables must be stored out of view from the public right-of-way other than a 24-hours time period before a scheduled collection. With the exception of plantings meeting the requirements of this chapter, Sscreening shall must consist of a solid fence or wall not less than six (6) feet high in the side and rear yards and shall must not extend to within fifteen (15) feet three feet of any Ñstreet right-of-wayÒ property line. Mixed municipal solid waste, organics and recyclables container enclosures must be constructed in a manner that does not prevent residents or haulers from accessibility to other containers placed therein. Plantings may be used in addition to, or in lieu of, fencing. If plantings are used to meet screening requirements, the type, size and location of such plantings must be approved by the Community Development Director or their designee. (b) The screening requirements shall must be satisfied by the use of a screening fence, wall, or planting screen according to the following standards: a.(1) Plantings shall must not be placed so as to obstruct lines of sight at street corners and driveways. b.(2) A screening fence shall must be attractive durable, in a state of good repair, and compatible with the principal building and the surrounding land use. c.(3) A planting screen shall may consist of a closely grown hedge, shrubs, evergreens or other vegetation approved by the Community Development Director or their designee and shall must be kept weeded, watered and maintained in good health. d.(4) If the topography, natural growth of vegetation, permanent buildings or other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. 22: Jufn!8/ e.(5) If a four-sided enclosure is necessary to screen a solid waste container from the public right-of way, doors, allowing for removal of the container, must be constructed of durable material in a location that allows for safe material pickup, and shall must be maintained in an attractive, well-kept condition. The doors must be constructed so that residents or commercial establishments may easily access solid waste, recycling, yard waste and organics dumpsters and containers within. 2. Labeling. Containers must be clearly labeled to discern what materials may be placed in it. 3. Accessibility (a) Recycling containers must be placed in a location that is as convenient to use as the mixed municipal solid waste container on site. (b) Containers must be kept accessible year-round, including the removal of snow within 24 hours after a snowfall of more than three inches. (c) Any internal mixed municipal solid waste collection area in a multiple dwelling unit constructed after April 10, 2023, must ensure that the area contains comparable space for the collection of organics and recycling immediately adjacent to the collection point for mixed municipal solid waste. 2.4. Residential Properties (a) Wheeled containers used for the storage of mixed municipal solid waste, recyclables, yard waste and organics may be placed at the curb, but not in the public drive area of the right- of-way, for collection from 5:00 p.m. the day prior to collection until 9:00 p.m. the day of collection. Containers must not be stored between weekly collections in the front yard setback. (b) Containers used for the storage and collection of mixed municipal solid waste, recyclables, organics, or yard wastes must be returned to the private driveway of the customer upon collection of the container contents by the licensed hauler. 113.08. Construction Waste Bins Construction Waste Bins 5. Construction Debris Containers An uncovered bulk waste container or dumpster shall may not be located on any premises for the purpose of collecting construction debris waste from the premises on which such containers is placed for more than three (3) consecutive months. Construction debris containers dumpsters or bulk waste bins shall must not be placed on the street, but. They must be located on the driveway or yard of the property generating the construction wastedebris. 6. Container Removal 231 Jufn!8/ (a) Haulers must collect containers from any customers that cancel service within seven days of cancellation. (b) Any containers abandoned on public right-of-way or on City-owned property must be collected by the hauler named on the container within seven days following notification by the City. (c) Carts not collected within that time frame will be abated by the City according to the procedures established in the Abatement of Exterior Public Nuisances chapter of the Code. 113.09.319.09 Yard Waste Sorting and Disposal A person may not place yard waste in mixed municipal solid waste containers, in a disposal facility, or in a resource recovery facility except for the purpose of reuse or composting, in accordance with Minnesota StatutesM.S. Chapter § 115A.931. Yard waste is not collected by the City and must be disposed of through collection by a City-licensed yard waste hauler or disposed of through backyard composting or by the property owner self-hauling it to a commercial composting facility. 113.10.319.10 Composting 1. Composting is permitted on residential or City-approved properties in designated areas and in designated areas of other types of properties pre-approved by the City, provided the following conditions are met: 2. Only the following materials may be placed in a compost area: grass clippings, leaves, herbaceous garden wastes, raw fruit and vegetable food scraps, chipped tree waste, sawdust, evergreen cones and needles, or additional materials that are approved by the City. Under no circumstances may any of the following items be placed in a residential or public compost area: meat, bones, grease, eggs, dairy products, or human or pet feces. 3. A compost area must be fully confined within a fenced area or enclosed structure. 4. A compost area must be located and designed so that seepage from the compost will not funnel off into public or private streets, storm sewers, drainage ditches, water retention basins, wetlands, streams, lakes, or ponds. No compost area may be placed within twenty-five (25) feet of any body of water or area designated as flood plain, shore land or state protected wetlands. 5. A compost area may not be located in any front yard and must be at least five (5) feet from any side or rear lot line and be no closer than 20 feet from any dwelling unit located on adjacent property. 6. A residential compost area may not exceed 5 five cubic yards in volume and may not exceed five (5) feet in height. 232 Jufn!8/ 7. The compost must be managed according to standard compost practices, which includes providing air circulation within the compost structure to prevent combustion and aeration often enough to prevent the generation of odors and the generation of a public nuisance. 8. Yard waste for the purposes of composting may not be stored in the yard in plastic or other types of bags. 113.11. Solid Waste Abatement Program and Fee In order to meet the requirements of State Waste Abatement Laws, the City of Fridley has established a Solid Waste Abatement Program (SWAP). This program includes residential curbside recycling collection services and other programs approved by the City that provide means for Fridley residents to reduce their amount of waste. In order to fund these waste abatement programs, the City of Fridley charges a solid waste abatement fee on the utility bills of each single through 12-unit dwelling unit provided recycling service by the City. The amount of the fee is set by resolution by the Fridley City Council (Council). Solid Waste Abatement Fee revenues shall be placed in the Solid Waste Abatement Fund and shall only be expended on solid waste abatement program activities. 113.12319.11 Recycling Collection 1. Residential Properties. and Multiple Dwelling Units. a. Residential Properties. The City of Fridley will provide for the collection of recyclables from all residential properties, single unit through 12-unit multiple dwellings as required in M.S. Chapter 115A. of Minnesota State Statutes. 2. b. Multiple Dwelling Units. Owners of multiple dwelling structures of 13 or more units shall must provide at least monthly biweekly collection of at least four (4) broad categories of recyclables by a City-licensed recycling collector hauler with a minimum service capacity of 10 gallons per dwelling unit per week. Recycling categories include, but are not limited to, paper, glass, plastic, and metal. Containers designated for the collection of recyclables at a multiple dwelling unit must be clearly labeled as to what materials may be placed in it and the containers must be placed in a location that is as convenient to use as the mixed municipal solid waste collection dumpster or container on site. Recycling containers must also be kept accessible year- round, including the removal of snow within 24 hours after a snowfall of more than three (3) inches. Owners must also keep recycling carts or dumpsters clean and free from contamination, such as mixed municipal solid waste or organics. (a) Owners must provide information to new tenants by the time of move-in and all tenants at least annually on the availability of recycling collection services, designated recyclable materials, and the procedures required to prepare the designated recyclables for collection. Educational material may be provided in print or electronic form. Informational content must be provided to the owner by the City upon request. The owner must report dates and methods of outreach to the City upon request. 233 Jufn!8/ 23. Commercial Establishments. Pursuant to Minnesota Statute SectionM.S. 115A.151, owners of commercial establishments shall must ensure that at least three (3) recyclable materials such as, but not limited to, paper, glass, plastic, and metal are collected from its their facilities and that those collected materials are transferred to a City-licensed recyclerhauler to be recycled. Recyclables in carts, containers and dumpsters must be placed in close proximity to mixed municipal solid waste carts, containers and dumpsters to make recycling equally accessible to persons who are disposing materials. If dumpsters are used to collect recyclables, they must be located in proximity to dumpsters for mixed municipal solid waste and both clearly labeled to make recycling equally accessible to persons who are disposing of materials. 113.13.319.12 Organics Collection The City of Fridley will provide for the collection of organics from all residential properties with 1-4 one to four dwelling units who voluntarily opt to participate in the fee-based collection program. Organics containers must be kept on a hard surface so that they may remain accessible to residents and the haulers year-round, including the removal of snow within 24 hours after a snowfall or more than three (3) inches and observe set-back rules as for solid waste and recycling containers. Residents from residential properties who do not opt-in to the organics program, along with residents in multiple dwelling units may take their organics to State authorized drop sites, including those located and available in Anoka County. 113.14.319.13 Scavenging It shall beis unlawful for unauthorized persons to collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection without a license from the City and an account relationship with the owner or occupant of the premises to collect, remove, or dispose of recyclable materials after said materials have been placed or deposited in a container for collection. Responsibility for and ownership of recyclable materials remains with the person who placed the materials out for collection until collected by a licensed recycling collector hauler, at which time, the ownership and responsibility passes to the licensed recycling collector.hauler. 319.14 Solid Waste Abatement Program and Fee In order to meet the requirements of State Waste Abatement Laws, the City has established a Solid Waste Abatement Program (SWAP). This program includes residential curbside recycling collection services and other programs approved by the City that provide means for Fridley residents to reduce their amount of waste. In order to fund these waste abatement programs, the City charges a solid waste abatement fee on the utility bills of each single through 12-unit dwelling unit provided recycling service by the City. Each dwelling unit will be charged the fee regardless of whether or not they actively use the curbside recycling service. The amount of the fee is set by resolution by the Fridley City Council (Council). Solid Waste Abatement Fee revenues must be placed in the Solid Waste Abatement Fund and may only be expended on solid waste abatement program activities. 234 Jufn!8/ 113.15319.15 Recycling, Yard Waste and Organics Collectors, and Solid Waste Licensed Hauler Regulations 1. License Requirement. No person shall may engage in weekly containerized collection or conveyance of said containers of mixed municipal solid waste, yard waste, organics, or recyclable material from any premises, other than their own property, in the City unless that person holds a valid license hereunder. 2. License Classifications. Applicants for licenses issued hereunder shall will be issued to collectors haulers for the following classes of operations: Class I: Residential Solid Waste Collection Class II: Commercial Solid Waste Collection Class III: Recycling Collection Class IV: Construction and Demolition Waste Collection Class V: Yard Waste Collection Class VI: Organics Collection Class A: Residential Mixed Municipal Solid Waste Class B: Commercial Mixed Municipal Solid Waste Class C: Residential Recycling Class D: Commercial Recycling Class E: Residential Yard Waste Class F: Commercial Yard Waste Class G: Residential Organics Class H: Commercial Organics Class I: Construction and Demolition Waste 3. License Application Procedures a. Class I Through Class V License Procedures. (a) (1) The provisions of Chapter 11, License and Permit, of the City Code, including the license fee shall apply to all licenses required by this Chapter and to the holders of such license. The term of each license hereunder shallwill be for not more than one year and shall will expire on April 30 each year. The hauler license fee is set forth in the Fees chapter of this Code. The application for license or renewal of license shall must contain a description of the types and makes of the motor vehicles used for collectionby the hauler, a description of what types of collection services will be provided, the approximate number of customers served, schedule of charges which will be made by the hauler for hauling, a schedule of residential solid waste collection routes, location of where the material collected will be disposed of, detailed description of any containers the hauler plans to provide their customers, and any other information the City of Fridley shall may require. 235 Jufn!8/ (b) (2) Applicants for all license classifications shall must file with each application a certificate of insurance for general liability coverage for the licensee of at minimum $1,000,000 $1 million per occurrence and automobile liability coverage for each vehicle to be used in the amount of $1,000,000 $1 million or more per accident. Every licensee shall must also carry WorkersÔ Compensation Insurance for all of its employees. Each policy of insurance held by the hauler shall must provide that it shall may not be cancelled or terminated for any reason without at least ten (10) days written notice thereof first being given to the City. (c) (3) Applications for license hereunder shallmust be submitted to the City for review and recommendation. If the City Council City Manager or their designee is satisfied that the health, safety and welfare of the public will be served, it they may grant a license to any such application applicant whose application meeting meets the requirements of this Chapter. 4. Limitations on Number of Licenses (a) Class A: Residential Mixed Municipal Solid Waste License. No more than three Class A licenses may be active at any time, except that all entities holding with a Residential Solid Waste Collection license from the City as of April 10, 2023 may be relicensed according to the following conditions: (1) The licensee has conformed to all City, county, state and federal laws related to mixed municipal solid waste collection; (2) There is no lapse in the license period; (3) The licensee submits a fully completed annual renewal form, payment and all required documentation by the due date for renewals. Incomplete applications will be returned to the licensee and must be resubmitted by the original due date. Failure to submit a renewal, payment and all required documentation by the original due date may be cause for the City to deny the renewal of the license; ((a)) The licensee has conformed to all City, county, state and federal laws related to mixed municipal solid waste collection; ((b)) License must not have been suspended more than one time in a 12-month period, or revoked. ((c)) There is no lapse in the license period; ((d)) The licensee submits a fully completed annual renewal form, payment and all required documentation by the due date for renewals. Incomplete applications will be returned to the licensee and must be resubmitted by the original due date. Failure to 236 Jufn!8/ submit a renewal, payment and all required documentation by the original due date may be cause for the City to deny the renewal of the license; and (f) Licenses are non-transferable; (b) Class C: Residential Recycling License. Only a hauler who has a current contract with the City for residential recycling collection is eligible a Class C license classification. There shall be issued by the City only one Class C license. (c) Class G: Residential Organics License. Only a hauler who has a current contract with the City for residential organics collection is eligible for a Class G license classification. There shall be issued by the City only one Class G license. 5. Route Conformance. All haulers with a Class A, Class C, or Class E License classification must follow the Residential Hauling Zone map. 4.6. Hours of Collection. No person engaged in collecting and hauling mixed municipal solid waste, yard waste, organics, or recyclable materials from residential areas within the City of Fridley shall may do so before 6:30 A.M. a.m. or after 8:30 P.M. p.m. Monday through Saturday. No collection shall occur on Sunday.Furthermore, cCollecting and hauling solid waste, yard , organics, or recyclable materials from commercial, business, industrial, or other such establishments shall may happen at any time but must not create a nuisance for, adjacent residential areas. 5. 7. Vehicles a. (a) Any hauler vehicle, while it is used by the licensee in the City of Fridley, shall must have the name of the licensee clearly printed on both sides. Said lettering shall must be at least three (3) inches in height and the color of the lettering and of the background shall must be contrasting. b.(b) Each vehicle used to haul mixed municipal solid waste in the City of Fridley shall must be licensed by the regional waste authority and such license shall must be maintained for the entire term of the City license. Each licensed vehicle shall have attached a decal issued by the base County, showing the current regional registration. Each vehicle used to haul recyclables, yard waste, organics, or construction/demolition waste in the City of Fridley must display the decal issued by the City of Fridley. Expired or otherwise invalid decals shall be removed from the vehicle. c. (c) Each vehicle licensed for hauling mixed municipal solid waste, yard waste, organics, or recycling must have a tight cover that is operated and maintained as to prevent offensive 237 Jufn!8/ odors or spillage. The loading space of every vehicle licensed hereunder by the City shall must be leak proof. Every vehicle shall must be equipped with the necessary hand tools for cleaning up spills. Every vehicle licensed hereunder by the City shall must be kept well painted, clean and in good repair. Every such vehicle used for collecting mixed municipal solid waste, yard waste, organics, or recyclables shall must be cleaned every week, or more often if necessary, to prevent persistent odors. d.(d) Recyclables, yard waste, organics and mixed municipal solid waste shall must be loaded in the vehicle so that no materials can jar loose and fall to the ground or street when the vehicle is in motion. Loose paper, trash, and similar materials shall must be so secured that they cannot be displaced by the wind or fall out of the vehicle. e.(e) All licensed vehicles shall must be equipped with a back-up warning device that complies with all applicable Occupational Safety and Health Administration (OSHA), Minnesota Statutes, andor Minnesota Department of Transportation regulations. f.(f) No person shall may at any time park or store any recycling, yard waste, organics, or mixed municipal solid waste collection vehicle on any premises zoned for use as a single or multiple residence dwelling, within one hundred (100) feet of any aforementioned premises, or within two hundred (200) feet of any food establishment, for purpose other than, or for periods inconsistent with, providing recycling, yard waste, organics, or mixed municipal solid waste collection at said premises. No person shall may at any time park or store any loaded or partially loaded recycling, yard waste, organics, or mixed municipal solid waste collection vehicle on any premises within the City, except for the purpose of and for periods consistent with, providing recycling, yard waste, organics, or mixed municipal solid waste collection at that parcel of property. 6. Container Placement. Containers used for the storage and collection of mixed municipal solid waste, recyclables, organics or yard wastes must be returned to the private driveway of the customer upon collection of the container contents. 7.8. Volume Based Fees. As required by Minnesota Statutes M.S. Chapter § 115A.93, subd. 3, the City requires all licensed mixed municipal solid waste collectors and haulers to establish a volume-based or weight-based fee system for all customers. This means a licensee has established a multiple unit pricing system that ensures that amounts of waste generated in excess of the base unit amount are priced higher than the base unit price. In addition, any licensee offering use of mixed municipal solid waste storage carts to their customers must also give customers a choice of a cart size that is less than 60 gallons in size upon request. 8.9. Disclosure of Waste Destination. As required in Minnesota State Statutes 115A.9302, any Any person licensed to transport mixed municipal solid waste, organics, yard waste or recyclables All licensed haulers in the City of Fridley must disclose the final destination(s) of what the waste that is collected, by category to their customers on an annual basis. 238 Jufn!8/ 9. Enforcement. A violation of this section of Code is a misdemeanor. The owner of a building or premises in or upon which a violation of any provisions of this Chapter has been committed, or shall exist; or the lessee of the entire building or entire premises in or upon which a violation has been committed or shall exist; or the owner or lessee of any part of the building, or premises in or upon which such violation has been committed or shall exist, shall be guilty of a misdemeanor, and subject to all penalties for such violations under this provision of Chapter 901 of this Code each and every day that such violation continues. Any such person, who having been served with an order to remove any such violation, shall fail to comply with said order to remove any such violation, within ten (10) days after such service, or shall continue to violate any provisions of the regulations made under authority of Chapter 901 in the respect named in such order shall be guilty of a misdemeanor and subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. Each day that such violation continues shall be a separate violation. 10. Reports. All applicants for licenses hereunder licensed haulers who provide recycling, yard waste and organics collection services to single through multiple dwelling units in the City shall must submit semi-annual reports to the City detailing the weight by material collected by type. A report for January through June collections shall must be submitted by the following July 15. A report for collections from July through December shall must be submitted by the following January 15. Reports shall must be submitted to the Community Development Director or their designee in the format specified by for each type of license. 11. Revocation of License. Any license issued hereunder by the City may be revoked or suspended by the City Council City Manager or their designee for any of the following causes following a hearing before the City Council upon due notice to the licensee, stating the time and place of such hearing, together with a statement of the violation alleged to be the cause for the revocation or suspension of the license. Notice to the licensee will include a statement of the violation(s), notice of revocation or suspension of the license, and notice of appeal procedures. Grounds for revocation include, but are not limited to: a. (a) Fraud, misrepresentation, or incorrect statement contained in the application for license, or made in carrying on the licensed activity. b.(b) Conviction of any crime or misdemeanor pertaining to license held. c.(c) Conducting such licensed activity in such manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the appropriate City official. d. (d) Expiration or cancellation of any required bond or insurance, or failure to notify the City within a reasonable time of changes in the terms of the insurance or the carriers. e.(e) Actions unauthorized or beyond the scope of the license granted. 239 Jufn!8/ f. (f) Violation of any regulation or provision of this code applicable to the activity for which the license has been granted, or any regulation or law of the State so applicable. g. (g) Failure to continuously comply with all conditions contained in this Code. 12. Appeals. (a) Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code. (b) Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision. 113.16. FEES The license fee and expiration date shall be provided in Chapter 11 of Fridley City Code. 113.17. Penalties Any violation of this Chapter is a misdemeanor and subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. Section 15 That the Fridley City Code Chapter 109, Air Quality, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 109. AIR QUALITY (Ref. 458, 800) 109.01. AIR QUALITY STANDARDS Air Pollution Control Regulations and Ambient Air Quality Standards of the Minnesota Pollution Control Agency as adopted pursuant to Minnesota Statutes 1967, Section 116.07, as filed with the Commissioner of Administration of the State of Minnesota on July 7. 1969, are hereby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in full, pursuant to Minnesota Statutes Section 471.62. (Ref. 458) 109.02. PENALTIES Any violation of this Chapter is a misdemeanor and shall be subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. Each day that a violation 23: Jufn!8/ continues to exist shall constitute a separate violation. Such penalties may be imposed in addition to revocation or suspension of permit and in addition to abatement of a nuisance. Section 16 That the Fridley City Code Chapter 102, Public Safety Department, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 102. PUBLIC SAFETY DEPARTMENT (Ref. 33, 504, 575, 605, 641, 791, 1018, 1168, 1250, 1346; 1359 and Resolutions adopted January 7, 1952 and August 4, 2017) 102.01. CREATION. There is hereby created a Public Safety Department for the City of Fridley. 102.02. PURPOSE The Public Safety Department shall be responsible for the equal protection of all persons and property, fair and just enforcement of all applicable laws of the State of Minnesota and ordinances of the City, prevention of fires, removal of fire hazards, rendering of firefighting, preservation of the public peace and order, prevention and detection of crime, apprehension of offenders, rendering of Emergency Management Services, and development of education and training for employees, volunteers, and citizens of the City respecting matters involving in particular all the foregoing purposes, and in general, the safety and wellbeing of the community at large. The Public Safety Department shall consist of a Police Department Division, a Fire Department Division and an Emergency Management Division. 1. Police Division. The Police Department Division consists of a Police Chief and such other members as may be determined from time to time. The Director of Public Safety may serve as Police Chief. The Police Chief and other personnel of the Police Department Division are appointed by the City Manager for an indefinite period. The Police Department Division shall be under the direct supervision of the Police Chief who shall be responsible to and under the direct supervision of the Director of Public Safety. 2. Fire Division. The Fire Department Division consists of a Fire Chief and such other subordinate officers and firefighters as may be determined from time to time. The Director of Public Safety may serve as Fire Chief. The Fire Chief and other personnel of the Fire Department Division are appointed by the City Manager for an indefinite period. The Fire Department Division 241 Jufn!8/ shall be supervised by the Fire Chief who shall be responsible to and under the direct supervision of the Director of Public Safety. 3. Emergency Management Division. The Emergency Management Division consists of an Emergency Management Director who shall be responsible for the duties and responsibilities as specified in Chapter 106. The Emergency Management Director may be the Police Chief or Fire Chief and shall be appointed by the City Manager. 102.04. DIRECTOR OF PUBLIC SAFETY The Public Safety Department shall be under the direction and supervision of a Director of Public Safety who shall be appointed by and subject to the supervision and direction of the City Manager. 102.05 DUTIES OF PUBLIC SAFETY The Director of Public Safety shall be responsible to the City Manager and also serve as the CityÔs Emergency Management Director. The Director of Public Safety will be responsible for all aspects of public safety including all fire and police activities relating to the fair and just enforcement of all laws; City Charter provisions, Minnesota Statutes, City ordinances and the preservation of justice, law and order in the City; the direction of Emergency Management activities within the City and the assignment of personnel within the Public Safety Department; developing and implementing procedures and policies pertaining to all fire and police activities; and developing selection procedures for personnel of the department with assistance from both the Police Chief and Fire Chief Section 17 That the Fridley City Code Chapter 116, Public Sanitation Facilities, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 116. PUBLIC SANITATION FACILITIES (Ref. 828) 116.01. DEFINITIONS The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Dwelling Unit. One or more habitable rooms which are occupied, or which are intended or designed to be occupied, by one family with facilities for living, sleeping, cooking and eating. 2. Public Sanitation Facilities. 242 Jufn!8/ Steam baths, heat bathing rooms, suntanning rooms, rest rooms, portable rest rooms, bathing rooms and exercise rooms located in clubs, gasoline stations, schools, hotels and motels, apartment buildings, commercial and industrial buildings, and any other facilities not located within or constructed to accommodate one dwelling unit. 3. Public Steam Bath. Any public sanitation facility used for the purpose of bathing, reducing, or relaxing, utilizing steam as a cleaning, reducing or relaxing agent. 4. Public Heat Bathing Room. Any public sanitation facility used for the purpose of bathing, reducing or relaxing, utilizing hot air as a cleaning, reducing or relaxing agent. 5. Public Rest Room. A public sanitation facility equipped with a minimum of a flush water closet. 6. Public Bathing Room. A public sanitation facility designed and used for cleansing the human body. 7. Public Exercise Room. A public sanitation facility designed and used for the purpose of exercising. 8. Public Portable Rest Room. A public sanitation facility designed to be easily portable and equipped with a minimum of a riser and seat with a collecting device 116.02. LICENSE REQUIRED 1. No person shall Own, operate, maintain, lease or be responsible for any public steam bath, public heat bathing room or public suntanning room unless a license shall have been obtained from the City, pursuant to this Chapter. Also, no person shall own, operate, maintain, lease or rent to any other person, or in any way provide or service a public portable rest room within the City of Fridley unless a license shall have been obtained from the City, pursuant to this Chapter. 2. Any "sauna" as defined by Section 125.02 of this Code and which meets all of the following requirements: 243 Jufn!8/ A. Is licensed under this Chapter; and B. Is constructed adjacent to and is operated in conjunction with a swimming pool having a minimum surface area of 750 square feet and which pool is licensed under Section 115.03 of this Code; and C. There is not a separate charge imposed for the use of this "sauna"; shall be exempt from the requirements of Chapter 125 of this Code. 116.03. FEE The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. 116.04. EXEMPTIONS Persons owning, operating or maintaining schools, governmental subdivisions, houses of worship, convents, rectories, parsonages, or religious community centers shall be required to obtain a license, but without payment of a license fee. 116.05. APPLICATION The application for a public steam bath, public heat bathing room, public suntanning room, and public portable rest room license shall be made on forms furnished by the City and shall set forth such information as the City shall require. Such application for the issuance of such licenses, their maintenance, termination and administration shall be in accordance with and subject to all conditions of Chapter 11 of this Code, and the requirements of this Chapter. The application may be denied upon failure to meet any of these requirements. 116.06. REVOCATION A violation of any provisions of this Chapter constitutes grounds for revocation of the license. 116.07. CONSTRUCTION REQUIREMENTS 1. Generally. A. All public steam baths, public heat bathing rooms, public suntanning rooms, public rest rooms and public bathing rooms shall be constructed of materials including ceramic tile, quartz tile, smooth finished concrete block or other similar materials which are durable and impervious to moisture, bacteria, mold or fungus growth. The floor to wall and wall to wall joints shall be constructed to provide a sanitary cove. All other equipment and appurtenances shall be of sanitary design and construction which will permit easy and thorough cleaning. 244 Jufn!8/ B. Mechanical ventilation and. lighting which will meet the requirements of Chapter 206 of this Code shall be provided in all public facilities except as provided in Section 116.07.4 for portable public rest rooms. 2. Public Suntanning Rooms. Timing devices or other safety devices shall be required in public suntanning rooms. Warning signs and instructions shall be provided in public suntanning rooms. 3. Public Rest Rooms. Public rest rooms shall be identified as such on or above the door. A hand washing sink equipped with hot and cold running water under pressure and a sanitary towel dispenser or hand-drying device shall be provided in all public rest rooms. The doors of all public rest rooms shall be self-closing. 4. Public Portable Rest Rooms. Public portable rest rooms shall be identified as such on or above the door. All portable rest rooms shall be designed and constructed with materials which are durable under conditions of normal use, resistant to moisture and easily cleanable. The waste collection device and appurtenances shall be of watertight construction and shall be designed and constructed to withstand the treatment process and repeated use and cleaning. The treatment process shall effectively eliminate all noxious, offensive and annoying odors. A minimum of natural ventilation and lighting shall be provided. All openings and vents to the outer air shall be screened. Doors shall be self-closing. 116.08. MAINTENANCE 1. Generally. In all public facilities, the floors, walls, ceilings water closets, hand washing sinks, urinals, and all other equipment and appurtenances shall be maintained in a clean condition at all times. 2. Public Rest Rooms. Public rest rooms shall have hand-cleaning agents, sanitary towels or an operable hand-drying device and toilet tissue at all times. Refuse receptacles, which are easily cleanable, shall be provided and emptied and cleaned as necessary. The doors shall be self-closing. Hot and cold running water under pressure must be provided at all times. 3. Public Portable Rest Rooms. Public portable rest rooms shall be maintained in good repair and shall be cleaned as necessary and in a manner which will eliminate spillage, leakage, and noxious, offensive, and annoying odors. Doors shall be self-closing. 245 Jufn!8/ 116.09. PORTABLE REST ROOMS REQUIRED The Health Authority may require public portable rest rooms, when it deems necessary; including, but not limited to, public gatherings, construction sites, recreational areas, fairs, and carnivals. The considerations to be used by the Health Authority in determining the necessity of public portable rest rooms shall include the type of activity or gathering, the number of persons attending, the duration of the event, and the availability of other public rest rooms. 116.10. APPROVAL No person shall construct, enlarge, repair, move, convert or alter any public sanitation facility without first obtaining appropriate permits from the Building Inspector. No permits for such work shall be issued unless prior approval of the Health Authority has been obtained. 116.11. INSPECTION The Health Authority shall inspect all public facilities as often as deemed necessary to enforce the provisions of this Chapter. 116.12. TEMPORARY CLOSING The Health Authority may temporarily close a public sanitation facility if a serious public health hazard exists. A sign shall be posted on any such public facility which is temporarily closed indicating its closure. Such sign may be removed only upon authorization of the Health Authority. 116. 13. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. Each day that a violation occurs or continues shall be deemed a separate offense. Section 18 That the Fridley City Code Chapter 117, Drugs and Paraphernalia, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 17. DRUGS AND PARAPHERNALIA (Ref. 527) 117.01. POSSESSION OF DRUGS RESTRICTED 246 Jufn!8/ No person shall possess, sell, distribute, administer, dispense, furnish, use or prescribe any cocaine or opium or any of their derivatives, or any cannibus indica or cannibus sativa or marijuana, or any of their derivatives (hereinafter called "drugs"), except as provided in Section 117.02. 117.02. DOCTORS TO COMPLY WITH FEDERAL LAW Any manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, public or private hospital, sanitarium or institution maintained or conducted in whole or in part for the treatment of disability or disease or inebriety or drug addiction, may purchase, receive, possess, sell, distribute, prescribe, administer or dispense such drugs provided all the provisions and requirements of the Act of Congress of December 17, 1914, known as the Harrison Narcotic Law, as the same exists and may be amended, have been complied with. 117.03. POSSESSION OF INJECTION IMPLEMENTS No person, except dealers in surgical instruments, apothecaries, physicians, dentists, veterinarians, nurses, attendants and interns of hospitals, sanitariums or any other institution in which persons are treated for disability or disease, shall at any time have or possess any hypodermic syringe or needle or any instrument or implement adapted for the use of cocaine or narcotic drugs by subcutaneous injections and which is possessed for that purpose, unless such possession be authorized by the certificate of a physician issued within a period of one (1) year prior to any time of such possession. 117.04. POSSESSION OF OPIUM-SMOKING PARAPHERNALIA PROHIBITED No person shall use, possess or have under his or her control for use any stem, bowl, lamp, yen hock or other opium-smoking paraphernalia or accessories used for smoking or inhalation of opium. 117.05. DISTRIBUTORS EXCEPTED The provisions of Sections 117.01, .02, .03 and .04 shall not apply to common carriers or persons engaged in the business of operating a warehouse or their employees engaged in lawful distribution or storage of the drugs and materials mentioned in said sections, or to public officers or employees while engaged in the performance of their official duties, or to the temporary incidental possession thereof by employees or agents of persons lawfully entitled to such possession. 117.06. MENACE TO PUBLIC WELFARE Any possession, sale, distribution, prescription, administration, dispensation or use of such drugs, injection implements, or opium-smoking paraphernalia contrary to the provisions of this Chapter is hereby declared to be dangerous to the public health and a menace to the public welfare. 117.07. FRAUDULENT RECEIPT OF DRUGS 247 Jufn!8/ No person shall fraudulently obtain any such drugs by any deceit, misrepresentation, subterfuge or concealment of material fact or the use of a false name or address in order to obtain treatment in the course of which such drugs may be prescribed. 117.08. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. Section 19 That the Fridley City Code Chapter 118, Barbiturate Drugs, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 118. BARBITURATE DRUGS (Ref. 528) 118.01. DEFINITIONS 1. Prohibited Drug. A. Barbital and any derivative thereof including, but not limited to, the following: diethybarbituric acid; anynalkyl, aryl, metallic or a halogenated derivative of barbituric acid; veronal (barbitone); seasonal; total; dial; neonal (soneryl); sandoptal; amytal; phenobarbital (luminal); phandorn; noctal; allonal (which contains allylisopropylbarbituric acid in combination with amidopyrine); medianl; and any preparation, mixture or other substance containing any of the foregoing substances. B. Amphetamine and any derivatives thereof including, but not limited to, such substances as follows: desoxyephedrine (methamphetamine) mephentermine, pipradol, phenmetrazine, methyphendiate or any salt mixture or optical isomer which has a stimulating effect on the central nervous system. 2. Deliver. To sell, offer for sale, barter, exchange, administer, dispense, give away, distribute, or supply in any other manner. The term deliver as herein defined shall include the attempt to do such acts as well as the actual completed commission thereof. 3. Patient. As the case may be: (1) The individual for whom a prohibited drug is prescribed or to whom a prohibited drug is administered; or (2) The owner or agent of the owner of any animal for which a prohibited drug is prescribed or to which a prohibited drug is administered. 248 Jufn!8/ 4. Person. An individual, corporation, partnership or association. 5. Practitioner. A person licensed by law to prescribe and administer any of the prohibited drugs as defined above. 6. Pharmacist. A person duly licensed and registered with the Minnesota State Board of Pharmacy as a registered pharmacist. 7. Prescription. A written or oral order by a practitioner to a pharmacist for a prohibitive drug or stimulant for a particular patient, which specifies the date of its issue, the name and address of such practitioner, the name and address of the patient (and, if such barbituate or stimulant is prescribed for an animal, the species of such animal), the name and quantity of the prohibited drug prescribed, the directions for use of such drug, and in the case of a written order, the signature of such practitioner. An oral order by a practitioner for a prohibited drug must be promptly reduced to writing by the pharmacist 8. Manufacturer. Persons other than pharmacists who prepare drugs in dosage forms by mixing, compounding, encapsulating, entableting, or other process. 9. Wholesaler. Persons engaged in the business of distributing prohibited drugs to persons included in any of the classes named in Section 118.03. 10. Warehouse Operator. Persons who store prohibited drugs for others and who have no control over the disposition of such prohibited drugs or stimulants except for the purpose of such storage. 118.02. UNLAWFUL POSSESSION, DELIVERY OR PURCHASE It is unlawful for any person to have in possession, purchase, or to deliver, any prohibited drug, as defined in Section 118.01 hereof, except on a lawful prescription by a practitioner. 118.03. EXCEPTED LAWFUL BUSINESSES AND PROFESSIONS 249 Jufn!8/ Section 118.02 of this Chapter shall not apply to the following in the ordinary course of their trade, business or profession provided, however, this exception shall not be a defense to the doing of acts prohibited in Section 118.02 or 118.04 hereof. 1. Practitioners. 2. Pharmacists. 3. Manufacturers. 4. Pharmacists as manufacturers. 5. Wholesalers. 6. Warehouse Operator. 7. Person engaged in transporting such prohibited drugs as agent or employee of a practitioner, pharmacist, manufacturer, warehouse operator, wholesaler or common carrier. 8. Public officers or public employees in the performance of official duties requiring possession or control of such prohibited drugs, or persons aiding such officers or employees in the performance of such duties. 9. Any patient as herein defined with respect to procuring, possession and use of a prohibited drug in accordance with the terms of a prescription and prescribed treatment. 10. Persons who procure, possess or use such drugs for the purpose of lawful research, teaching or testing, and not for sale 11. Lawfully licensed and registered hospitals or bona fide institutions wherein sick or injured persons are cared for and treated, or by bona fide hospitals for the treatment of animals. 118.04. UNLAWFUL PROCUREMENT, PURCHASE, DELIVERY OR POSSESSION No person shall possess, control, purchase, or deliver a prohibited, drug, or attempt to do any of the same, by any of the following: 1. Fraud, deceit, misrepresentation or subterfuge. 2. The forgery or alteration of a prescription. 3. The concealment of a material fact. 24: Jufn!8/ 4. The use of a false name or the giving of a false address. 5. Making a false statement in any prescription, order, report, or record relative to a prohibited drug. 6. Falsely assuming the title of, or falsely representing any person to be a manufacturer, wholesaler, warehouse operator, pharmacist, practitioner or other person described in Section 118.03. 7. Making, issuing or uttering any false or forged prescription. 118.05. CONFISCATION AND DISPOSITION Any prohibited drugs found in the possession of any person convicted of a violation of this Chapter shall be confiscated and shall be forfeited to the Chief of Police who shall make proper and timely disposition thereof by destroying them. 118.06. USE OF ORIGINAL CONTAINERS AND LABELS REQUIRED Any person having possession of any prohibited drugs by lawful prescription of a practitioner, while such prohibited drugs are lawfully in such person's possession, shall keep such prohibited drugs in the original container in which they were delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. 118.07. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. Section 20 That the Fridley City Code Chapter 119, Glues and Related Substances, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 119. GLUES AND RELATED SUBSTANCES (Ref. 529) 119.01. PURCHASE, SALE AND POSSESSION The inhaling, breathing or drinking of certain substances, commonly known as glue, is prohibited and the purchase, sale and possession thereof are regulated as follows: 1. Inhaling, Breathing, Drinking of Certain Substances Prohibited. 251 Jufn!8/ No person shall inhale, breathe, drink, be or become intoxicated by reason of inhaling, breathing or drinking any substance commonly known as glue, adhesive, cement, mucilage, dope, solvents, lacquer, drugs, fingernail polish and lacquer, nail polish remover or thinners for the above named substances, or any substances containing toluol, hexane, trichloroethylene, acetone, touene, ethyl acetate, methyl ethyl ketone, trichoroathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which containes ketones, aldehydes, organic acetates, ether, chlorinated-hydrocarbons, or any other similar ingredient which releases toxic vapors for the purpose of inducing symptoms of intoxication, elation, excitement, confusion, dizziness, paralysis, irrational behavior, or in any manner change, distort or disturb the balance, coordination or the audio, visual or mental processes. 2. Purchase, Sale or Possession Regulated. No person shall, for the purpose of violating or aiding another to violate any provisions of this Chapter, intentionally possess, buy, sell, transfer possession or receive possession of any glue containing the intoxicating substances listed in Section 119.01.1. 3. Self-service Display Prohibited. Retail establishments selling glue containing the intoxicating substances defined in Section 119.01.1 shall not sell such glue from a self-service display 119.02. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. Section 21 That the Fridley City Code Chapter 120, Codeine Drugs, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 120. CODEINE DRUGS (Ref. 530) 120.01. REGULATION OF SALE AND POSSESSION The sale and possession of codeine shall be regulated as follows: 1. Sales of Codeine Prohibited. No person shall administer, dispense, sell, barter, exchange, offer for sale, give away, distribute, deliver or supply, in any manner, when that person knows or can with reasonable diligence ascertain that such acts will provide more than six grains of codeine, or any of its salts, within forty-eight (48) consecutive hours to the person to whom or for whose use 252 Jufn!8/ preparation is administered, dispensed, sold, bartered, exchanged or offered for sale except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State of Minnesota. 2. Purchase and Possession Prohibited. No person shall, within forty-eight (48) consecutive hours, purchase or have in his or her possession more than six grains of codeine or any of its salts, except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State of Minnesota. 120.02. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. Section 22 That the Fridley City Code Chapter 131, Fire Department Service Charges, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 131. FIRE DEPARTMENT SERVICE CHARGES 131.01 PURPOSE AND INTENT The purpose of this ordinance is to establish user service charges for Fire Department services as described in this ordinance. 131.02 Definitions The following terms shall apply in the interpretation and application of this chapter: 1. "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle. This includes semi trailers. It does not include snowmobiles, manufactured homes, all terrain vehicles or park trailers. 2. ÑMotor Vehicle OwnerÒ means any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days. 3. "Excavator" means a person who conducts excavation. 253 Jufn!8/ 4. "Underground Pipeline UtilityÒ means an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances. 5. "Person" means the state, a public agency, a local governmental unit, an individual, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of them. 131.03 CONFLICTS In the event of any conflict between the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State law, rules or regulations, the latter shall prevail. 131.04 EMERGENCY RESPONSE SERVICE CHARGES 4. The collection service charges shall be as authorized in Minnesota Statute 366.011. 5. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.012. (a) The service charges shall be as follows:Vehicle Accident i. Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to: 1. Extrication 2. Medical Care 3. Absorbing Liquid Spills 4. Vehicle System Safety 5. Vehicle Stabilization ii. An invoice for $400 will be sent to the motor vehicle owner or ownerÔs insurance company. In the event the owner cannot provide insurance information and is charged for the offense, the city shall collect the fee through the criminal process as defined in the Minnesota State Statutes. iii. If there is more than one motor vehicle involved for which fire department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the $400 service charge. (Ref 1229) B. Fires Along a Railroad Right of Way or Operating Property 254 Jufn!8/ (a) Any incident response to a fire or fire hazard emergency caused by a railroad locomotive, rolling stock, or employees on a railroad right-of-way or operating property as defined in Minnesota Statute 219.761. (b) An invoice will be sent to the railroad responsible for the railroad right-of-way or operating property. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. C. Grass Fires Within Trunk Highway Right-of-way (b) Any incident response to a grass fire within the right-of-way of a trunk highway or outside of the right-of way of a trunk highway if the fire originated within the right-of-way of a trunk highway as defined in Minnesota Statute 161.465. (c) An invoice will be sent to the commissioner of transportation. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. D. Technical Rescue 1. Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue. 2. An invoice will be sent to the persons, corporation or business owner receiving rescue service. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. E. Underground Pipeline Utility Breaks 1. Any incident response to an underground pipeline utility break if caused by an excavator or person other than a homeowner or resident. 2. An invoice will be sent to the excavator or person responsible for the pipeline utility break. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. F. Hazardous Material 1. Any incident response to the release of hazardous material from itÔs container, or the threat of a release of a hazardous material from itÔs container, chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions or protect the public. 255 Jufn!8/ 2. An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident, specialized equipment and materials used on the incident. G. Fire as the Result of Negligence (1) Any incident response to a fire that resulted from an act of negligence as defined in City Ordinance Chapter 108.06. Examples of this would include but not be limited to methamphetamine labs, commercial and industrial operations where hot work is performed and reasonable care is not exercised, and burning of debris by contractors or homeowners that results in subsequent fires to wild land or structures. (2) An invoice will be sent to the person responsible for the negligent fire. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. Arson Fire Ï Any incident response to a fire where a person is charged under the arson statutes. The fire investigator responsible for the incident investigation will forward all costs encumbered by the Fire Department in association with the incident to the court for reimbursement through restitution. 131.05 INCIDENT INVOICE SCHEDULE Engine Crew of 4 $400 per hour Ladder Truck Crew of 4 $500 per hour Grass Truck Crew of 4 $150 per hour Rescue Truck Crew of 2 $100 per hour Fire Fighter One Current hourly rate Fire Officer One Current hourly rate 256 Jufn!8/ Section 23 That the Fridley City Code Chapter 209 Fees, be hereby amended as follows: Fridley City Code Chapter 209 Fees 209.12 Fees 1. Administrative Fees Code Subject Fee 203 Administrative Hearing $200 608 Lodging Tax 3% of rent charged 102.02304 Seizure fee for motor vehicles Each vehicle $200 assessed Each vehicle when vehicle owner $400 assessed or lien holder refuses to repossess their own vehicle 102.02304 Storage fee for seized motor vehicles $10 per day for each day or part of a day the seized motor vehicle is held at a storage facility or impound lot. The total storage fees assessed on any one motor vehicle shall not exceed $500 or 50% of the value of the motor vehicle as determined by competent authority, whichever is less. Text Amendment to the City Code $1,500 Application 2. Building and Inspection Fees (a) Building Permit Fees Code Subject Fee 206 Valuation $1 to $500 $23.50 206 Valuation $501 to $2,000 $23.50 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 257 Jufn!8/ 206 Valuation $2,001 to $25,000 $69.25 for the first $2,000 plus $14 for each additional $100 or faction thereof, to and including $25,000 206 Valuation $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000 206 Valuation $50,001 to $100,000 $643.75 for the first $50,000 plus $7 for each additional $1,000 or fraction thereof, to and including $100,000 206 Valuation $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000 206 Valuation $500,001 to $3,233.75 for the first $500,000 plus $1,000,000 $4.75 for each additional $1,000 or fraction thereof, to and including $1,000,000 206 Valuation $1,000,001 and up $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof 206 Inspections outside of normal $50 per hour business hours (minimum charge Ï two hours) 206 Re-inspection fees assessed $50 per hour under provisions of Section 108 206 Inspections for which no fee is $50 per hour specifically indicated (minimum charge one-half hour) 206 Additional plan review required $50 per hour by changes, additions or revisions to approved plans (minimum charge one-half hour) or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employee involved. 206 For use of outside consultants Actual costs which include for plan checking and administrative and overhead costs inspections, or both 206 Residential Mobile Home $100 Installation 258 Jufn!8/ 206 Surcharge on Residential A surcharge of $5 shall be added to the Building Permits. permit fee charged for each residential building permit that requires a state licensed residential contract 115 Swimming Pools, Public Per outdoor pool $250 Per indoor pool $350 + 25% of base per added pool enclosed area (b) Electrical Permit Fees Code Subject Fee Residential, Commercial, Multi-Family 206 0 to 400 Amp Power Source $50 each 206 401 to 800 Amp Power Source $100 each 206 Over 800 Amp Power Source $150 each 206 0 to 200 Amp Circuit or Feeder $8 each 206 Over 200 Amp Circuit or Feeder $30 each Over 200 Volts 206 0 to 400 Amp Power Source $100 each 206 401 to 800 Amp Power Source $200 each 206 Over 800 Amp Power Source $300 each 206 0 to 200 Amp Circuit or Feeder $16 each 206 Over 200 Amp Circuit or Feeder $60 each 206 Panel Changes (reconnect existing circuit or feeder $100 each for panelboard replacement) 206 New 1 and 2 Family Homes up to 25 Circuits, 3 Trips $175 each 206 New Multi-Family Dwelling unit (with up to 20 circuits $100 per dwelling and feeders per unit) unit 206 New Multi-Family Dwelling Unit $8 per feeder or (additional circuits over 20 per unit) circuit 206 Existing Multi-Family Dwelling Unit (up to 10 feeders $100 per unit or circuits are installed or extended) 206 Existing Multi-Family Dwelling Unit $8 per feeder or (where less than 10 feeders or circuits are installed or circuit extended) 206 Additional circuits over 25 per unit $8 each 206 Circuits extended or modified $8 each 206 Retrofitting of existing lighting fixtures $1 each 206 Manufactured Home Park Lot Supply + Circuits $50 per pedestal 206 Separate Bonding Inspection $40 206 Pools plus circuits $80 206 Inspection of concrete encased grounding electrode $40 259 Jufn!8/ 206 Technology circuits and circuits less than 50 volts $1 per device 206 Traffic Signals, Street, Parking and Outdoor Lighting $5 each Standards 206 Transformers for light, heat and power (0 to 10 KVA) 20 each 206 Transformers for light, heat and power (more than 10 $40 each KVA) 206 Transformers for electronic power supplies and $5.50 each outline lighting 206 Additional Inspection trip(s), re-inspections $40 each Minnesota Solar PV System Electrical Inspection Fee Chart 206 0 Ï 5,000 watts (5 kw) $60 206 5,001 Ï 10,000 watts (5 kw Ï 10 kw) $100 206 10,001 Ï 20,000 watts (10 kw Ï 20 kw) $150 206 20,001 Ï 30,000 watts (20 kw Ï 30 kw) $200 206 30,001 Ï 40,000 watts (30 kw Ï 40 kw) $250 206 40,001 and larger watts (40 kw) $250 Each additional 10,000 watts $25 206 Plan review fee $80 per hour (c) Mechanical Permit Fees Code Subject Fee 206 Residential minimum fee $15 or 5% of cost of improvement, whichever is greater 206 Furnace $35 206 Gas Range $10 206 Gas Piping $10 206 Air Conditioning $25 206 Other 1% of value of appliance 206 Commercial minimum fee $35 206 All work 1.25% of value of appliance 206 Inspections outside of normal $50 per hour business hours (minimum charge two hours) 206 Re-inspection fees assessed $50 per hour under provisions of Chapter 108 of the Code 206 Inspections for which no fee is $50 per hour specifically indicated (minimum charge one-half hour) 206 Additional plan review required $50 per hour by changes, additions or revisions to approved plans 25: Jufn!8/ (minimum charge one-half hour). Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. 206 For use of outside consultants for Actual cost including administrative plan checking and inspections, or and overhead costs both (d) Moving of Dwelling or Building Fees Code Subject Fee 206 For Principle Building into City $300 206 For Accessory Building into City $42 206 For moving any building out of $20 City 206 For moving through or within the $20 City (e) Plumbing Permit Fees Code Subject Fee 206 Minimum Fee $15 or 5% of cost of improvement, whichever is greater 206 Each fixture $10 206 Old opening, new fixture $10 206 Beer Dispenser $10 206 Blow Off Basin $10 206 Catch Basin $10 206 Rainwater Leader $10 206 Sump or Receiving Tank $10 206 Water Treating Appliance $35 206 Water Heater Electric $35 206 Water Heater Gas $35 206 Backflow Preventer $15 206 Other Commercial 1.25% of value of fixture or appliance 206 Inspections outside of normal $50 per hour business hours (minimum charge two hours) 261 Jufn!8/ 206 Re-inspection fee $50 per hour 206 Inspections for which no fee is $50 per hour specifically indicated (minimum charge one-half hour) $50 per hour 206 Additional plan review required by changes, additions or revisions to approved plans (minimum charge one-half hour) or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. 206 Use of outside consultants for Actual cost including administrative plan checking and inspections, or and overhead costs both (f) Pollution Monitoring Registration Fees Code Fee 206 Each pollution monitoring location shall require a site map, description and length of monitoring time requested. Pollution monitoring location shall mean each individual tax parcel. There shall be an initial application and plan check fee of $25. 206 The applicant for a Pollution Control Registration shall provide the City with a hold harmless statement for any damages or claims made to the City regarding location, construction, or contaminates. 206 An initial registration fee of $50 is due and payable to the City of Fridley at or before commencement of the installation. 206 An annual renewal registration fee of $50 and annual monitoring activity reports for all individual locations must be made on or before September 1 of each year. If renewal is not filed on or before October 1 of each year the applicant must pay double the fee. 206 A final pollution monitoring activity report must be submitted to the City within 30 days of termination of monitoring activity. (g) Wrecking Permit Fees Code Fee 206 For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit shall be based on 262 Jufn!8/ the cubical contents thereof and shall be at the rate of $1.25 for each 1,000 cubic feet or fraction thereof. 206 For structures which would be impractical to cube, the wrecking permit fee shall be based on the total cost of wrecking such structure at the rate of $6 for each $500 or fraction thereof. 206 In no case shall the fee charged for any wrecking permit be less than $20. 3. Community Services Fees (a) Recreation Division (1) Program fees are listed in the CityÔs bi-monthly Parks and Recreation Brochure and on the CityÔs website. (2) Administrative Fees Item Category A Category B Category C (Fridley Youth (Residents (Non- Athletics and residents) community groups) Additional maintenance staff City staff hourly City staff City staff rate hourly rate hourly rate Chalk Market rate Market rate Market rate Concession area for $175 per day $175 per day $175 per day Community Park Damage deposit for multiple $200 $200 $200 day rentals Lights $20 per field $20 per field $20 per field Locates for electrical or Market rate Market rate Market rate irrigation heads Portable restrooms Market rate Market rate Market rate Scoreboard and press box at $20 per field $20 per field $20 per field Community Park Shelter rental for Commons $65 per day $65 per day $100 per day Park and Flanery Park Vendor fee (concession $100 per day $100 per day $100 per day space) (3) Event Fees Code Subject Fee 508 Parade 263 Jufn!8/ 01. Application $100 02. Daily $700 23 Public Dance $75 01. Application (4) Outdoor Field Rental Fees Use Category A Category B Category C (Fridley Youth (Residents (Non- Athletics and residents) community groups) Baseball, softball, and $0 per hour $20 per hour $40 per hour football fields Commons Park baseball and $80 per $100 per $200 per softball fields weekend weekend weekend $40 per day $50 per day $100/day Community Park Softball $500 per $1,000 per $2,000 per Complex weekend weekend weekend $250 per day $500 per day $1,000 per day Hockey rink $0 per hour $20 per hour $20 per hour Soccer field $0 per hour $30 per hour $60 per hour Tennis or pickleball court $0 per hour $20 per hour $40 per hour Volleyball court $0 per hour $20 per hour $40 per hour (5) Picnic Shelter Rental Fees Park Resident Non-Resident Deposit Flanery and Commons Parks 1-50 guests $65 plus tax $100 plus tax $50 51-150 guests $105 plus tax $150 plus tax $50 Special Use Permit $265 plus tax $450 plus tax $50 Moore Lake A. 1-50 guests $35 plus tax $75 plus tax $50 B. 51-150 guests $75 plus tax $115 plus tax $50 C. Special Use Permit $235 plus tax $425 plus tax $50 (6) Springbrook Nature Center Program Fees 264 Jufn!8/ Program Fee 60 Minute naturalist-led program $4 per student 90 Minute naturalist-led program $6 per student 60 Minute naturalist-led program at another $150 location 1) Additional program at same site $50 Summer Camp 2) Resident $155 per five-day program 3) Non-resident $165 per five-day program Birthday Party Program $125 (7) Springbrook Nature Center Room Rental Fees Program/Amenity Fee Amphitheater A. Resident $225 per room per hour plus tax B. Non-resident $300 per room per hour plus tax C. Non-profit group (proof of status must be $225 per room per hour plus tax provided) Classroom ($50 refundable damage deposit due at time of booking) D. Resident $30 per room per hour plus tax E. Non-resident $50 per room per hour plus tax F. Non-profit group (proof of status must be $30 per room per hour plus tax provided) Pavilion Activity Center Outdoor ($100 refundable damage deposit due at time of booking) G. Resident $65 plus tax H. Non-resident $100 plus tax I. Non-profit group (proof of status must be $65 plus tax provided) Pavilion Activity Center Indoor ($100 refundable damage deposit due at time of booking) J. Resident $65 plus tax K. Non-resident $100 plus tax L. Non-profit group (proof of status must be $65 plus tax provided) Pavilion Activity Center Entire ($100 refundable damage deposit due at time of booking) M. Resident $130 plus tax N. Non-resident $200 plus tax 265 Jufn!8/ O. Non-profit group (proof of status must be $130 plus tax provided) Portable public address (PA) system $50 per day plus tax 4.3. Engineering Fees (a) Rights-of-Way Fees Code Subject Fee 407 Rights-of-Way Registration $50 User Fee (residential, $50 commercial or industrial) Excavation Permit $350 Obstruction Permit $50 Small Wireless Facility $150 Permit Permit Extension Fee $20 Delay Penalty $125 week Mapping Fee $50 if data is not in City format and City GIS compatible Degradation Fee Restoration cost per square foot for the area to be restored (b) Land Alterations, Excavating, or Grading Fees Including Conservation Plan Implementation Fees Code Subject Fee 206 50 cubic yards or less $40 206 51 to 100 cubic yards $47.50 206 101 to 1,000 cubic yards $47.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof 206 1,001 to 10,000 cubic yards $167 for the first 1,000 cubic yards plus $9 for each additional 1,000 cubic yards or fraction thereof 206 10,001 to 100,000 cubic yards $273 for the first 10,000 cubic yards plus $40.50 for each additional 10,000 cubic yards or fraction thereof 206 100,001 cubic yards or more $662.50 for the first 100,000 cubic yards plus $22.50 for each additional 100,000 cubic yards or fraction thereof 266 Jufn!8/ (c) Land Alteration Plan Checking Fees Code Subject Fee 206 50 cubic yards or less No fee 206 51 to 100 cubic yards $23.50 206 101 to 1,000 cubic yards $37 206 1,001 to 10,000 cubic yards $49.25 206 10,001 to 100,000 cubic yards $49.25 for the first 10,000 cubic yards plus $24.50 for each additional 10,000 cubic yards or fraction thereof 206 100,001 to 200,000 cubic yards $269.75 for the first 100,000 cubic yards plus $13.25 for each additional 10,000 cubic yards or fraction thereof 206 200,001 cubic yards or more $402.25 for the first 200,000 cubic yards plus $7.25 for each additional 10,000 cubic yards or fraction thereof (d) Water and Sewer Fees Code Subject Fee 205.30 Automatic Meter Reading Device $25 per stationary device Permit 206 Hydrant Rental Agreement $50 Service Charge (for use of hydrant only City does not supply hose) 206 Water Usage $1.30/1,000 gallons used Metered Minimum $20 206 Tanker $20 per fill 206 Water Taps See Engineering 206 Permanent Street Patch First 5 square yards $300 Over 5 square yards $30 per square yard 206 Temporary Street Patch (November 1 through May 1) First 5 square yards $400 Over 5 square yards $40 per square yard plus cost of permanent street patch 206 Water Meter Repair Ï Weekend $125 and Holidays 206 Water Connections Permit $50 206 Sewer Connections Permit $50 206 Inspection Fee for Water/Sewer $40 Line Repair 267 Jufn!8/ 5.4. Fire Department Division Fees (a) Fire Department Division Fees Found in Code Code Subject Fee 112301 False Alarms $50 for sixth false alarm in single calendar year and for each subsequent false alarm in calendar year an additional $25 shall be added (e.g., seventh false alarm $75, eighth false alarm $100, etc.) $150 for the third false alarm in 365 days. $25 will be added for each subsequent false alarm (e.g., fourth false alarm will be $175, fifth false alarm will be $200, etc.). 108316 Fire Department Division Plan 65% of the Fire Permit Fee Review Fee 316 Fire Division User Surcharges Engine Crew of Four $400 per hour Ladder Truck Crew of Four $500 per hour Grass Truck Crew of Four $150 per hour Rescue Truck Crew of Two $100 per hour One Fire Crew Current Hourly Wage One Fire Officer Current Hourly Wage 316 Fire and Life Safety Inspection of Commercial and Rental Dwellings Initial inspection $0 Compliance check $0 Every subsequent compliance reinspection for Single occupancy $100 Two or more occupancy $300 268 Jufn!8/ (b) Fire Department Division Fees Directed by the Minnesota State Fire Code (MSFC) MSFC Section Type of Activity Stipulations Fee See Below 105.7.1 Automatic Fire Extinguishing Systems 1. Kitchen Hood Extinguishing Inspection and testing Systems 2. Fire Sprinkler Systems Inspection and testing 3. Other Special Extinguishing Inspection and testing Systems 105.7.4 Compressed Gasses and Systems Final inspection $ 235 Install, repair damage to, required per abandon, remove, place MSFC temporarily out of service, close or substantially modify systems 105.7.7 Fire Alarm, Detection and Final inspection and See Below Related Alarm or Detection testing required Equipment Install or modify new and existing systems 105.7.8 Fire Pumps and Related Final inspection and See Below Equipment testing required Install or modify fire pumps, related fuel tanks, jockey pumps, controllers and generators 105.7.9 Flammable and Combustible Liquids 1. Install or modify a pipeline Final inspection $150 2. Install, construct or alter tank requirements as $150 vehicles, equipment, tanks, defined by 2020 MSFC plants, terminals, wells, fuel requirements. dispensing stations, refineries, distilleries and similar activities where flammable or combustible liquids are UGST or AGST storage produced, processed, tank removal must be transported, stored, dispensed witnessed by Fire or used Marshal. 3. Install, alter, remove, abandon, $200 place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank 269 Jufn!8/ 105.7.13 Hazardous Materials Final inspection $ 200 Install, repair damage to, required when abandon, remove, place hazardous materials in temporarily out of service, close use or storage exceed or substantially modify a storage amounts shown in the facility or other area regulated by MSFC Table MSFC Chapter 27 105.7.15 Industrial Ovens Final inspection $ 165 Installation of industrial ovens required per regulated by MSFC Chapter 21 MSFC 105.7.16 LP Gas Final inspection $ 200 Installation of or modification to required per an LP Gas system MSFC and National Fire Protection Association Chapter 58 105.7.9 Private Fire Hydrants Final inspection and $ 145 Installation of or modification of testing private fire hydrants 105.7.23 Spraying or Dipping Final inspection $ 200 Install or modify a spray room, required per dip tank or booth MSFC 105.7.24 Standpipe System Final inspection and See Below Installation, modification, or testing removal from service of a standpipe system 105.7.25 Temporary Membrane Structures, Final inspection $ 145 Tents and Canopies required per To construct an air-supported MSFC temporary membrane structure, tent (=> 200 ft²) or canopy (=> 400 ft²). (c) Fire Department Division Fees for Fire Sprinkler, Fire Extinguishing Systems, Fire Alarm Systems or Standpipe Systems Fees for Automatic Fire Extinguishing Systems, (MSFC 105.7.1); Fire Alarm, Detection and related equipment, (MSFC 105.7.3); Fire Pumps or related equipment, (MSFC 105.7.4); and Standpipe Systems (MSFC 105.7.11) are calculated on project valuation from the 1997 UBC Permit Fee Schedule as shown below, plus the State of Minnesota Surcharge Fee on sprinkler permits: Total Valuation Fee $ 1 to $ 500 $23.50 26: Jufn!8/ $ 501 to $ 2,000 $23.50 for the first $500 plus $3.05 for each additional $100, or fraction thereof, to and including $2,000 $ 2001 to $ 25,000 $69.25 for the first $2,000 plus $14 for each additional $1,000, or fraction thereof, to and including $25,000 $ 25,001 to $ 50,000 $391.75 for the first $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and including $50,000 $ 50,001 to $ 100,000 $643.75 for the first $50,000 plus $ 7 for each additional $1,000, or fraction thereof, to and including $ 100,000 $ 100,001 to $ 500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and including $ 500,000 $ 500,001 to $ 1,000,000 $3233.75 for the first $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $ 1,000,000 $ 1,000,001 and up $5,608.75 for the first $1,000.000 plus $3.65 for each additional $1,000, or fraction thereof (d) Fire Department Division Fees for Permitted Business Operations MSCF Section Description Fee 105.6.1 Aerosol products $145 105.6.2 Amusement buildings $75 105.6.3 Aviation facilities $120 105.6.4 Carnivals and fairs $200 105.6.5 Battery and energy systems $95 105.6.6 Cellulose nitrate film $95 105.6.7 Combustible dust-producing ops $200 105.6.8 Combustible fibers $145 105.6.9 Compressed gases $150 105.6.10 Covered mall buildings $95 105.6.11 Cryogenic fluids $95 105.6.12 Cutting and welding $95 105.6.13 Dry cleaning plants $145 105.6.14 Exhibits and trade shows $200 271 Jufn!8/ 105.6.15 Explosives $200 105.6.16 Fire hydrants and valves $75 105.6.17 Flammable and combustible liquids $200 105.6.18 Floor finishing $95 105.6.19 Fruit and crop ripening $120 105.6.20 Fumigation and thermal insecticide fog $95 105.6.21 Hazardous materials $145 105.6.22 Hazardous Production Materials Facility $145 105.6.23 High piled storage $200 105.6.24 Hot work operations $95 105.6.25 Industrial ovens $145 105.6.26 Lumber yards and woodworking plants $200 Liquid or gas fueled vehicle/equipment in 105.6.27 Group A $95 105.6.28 LP Gas $95 150.6.29 Magnesium $95 105.6.30 Miscellaneous combustible storage $145 105.6.31 Open burning $95 105.6.32 Open flames and candles $95 105.6.33 Organic coatings $145 105.6.34 Places of assembly $135 105.6.35 Private fire hydrants $75 105.6.36 Pyrotechnic special effects material $95 105.6.37 Pyroxylin plastic $145 105.6.38 Refrigeration equipment $95 105.6.39 Repair garages or service stations $120 105.6.40 Rooftop heliports $95 105.6.41 Spraying or dipping $145 105.6.42 Storage of scrap tires/tire byproducts $120 105.6.43 Temporary tents and canopies $95 105.6.44 Tire rebuilding plants $145 105.6.45 Waste handling $200 105.6.46 Wood products $165 6.5. Licensing Fees Code Subject Fee 308 Adult Entertainment Establishment $400 Investigation Fee $400 17 Auction Weekly permit $30 Annual permit $150 272 Jufn!8/ 300 Beekeeping Initial fee $100 Annual renewal fee $25 27 Billiards First table $40 Each additional table $10 15 Bowling Alleys Annual license $40 Per lane $10 28 Carnivals Application fee $75 Each day $75 Required cash deposit or bond $3,000 101 Chickens $100 Initial fee $25 Annual renewal fee $25 Impound Fee 21 Christmas Tree Lots Annual license fee $200 Deposit $100 101300 Dogs Lifetime license $25 Duplicate license $5 Impound fee $25 Annual Dangerous Dog license $500 Potentially Dangerous Dog license $500 702 Drive-in Theaters $400 607 Entertainment $85 32 Food Establishment Ï Business License $45 32 Food Temporary Ï Business License $30 25 Golf Course, Driving Range $30 113319 Haulers $100 for first truck and $40 Mixed Municipal Solid Waste License each additional truck (Garbage Truck), Yard Waste License, Organics License, Recycling License 101 Honeybees $100 Initial fee $25 Annual renewal fee 24 Junk Yards $350 609 Liquor, Caterer Annual Caterer Registration $100 $25 273 Jufn!8/ Event Notification Permit (per event) 604 Liquor, Consumption and Display Annual State permit $300 One-day City permit $25 603 Liquor, On-Sale Intoxicating Holiday $100 Endorsement 603 Liquor, Lawful Gambling Endorsement $300 610 Liquor Manufacturers/Investigative Fee Individual $200 Partnership/Corporation $400 Alteration of Business $100 Change of Officers $25 On-Sale Brewer/Distillery Taproom $600 License Off-Sale Brewer/Distillery Growler $300 License 603 Liquor, On-Sale Intoxicating No entertainment (a) 0-3,000 square feet $6,000 (b) 3,001-6,000 square feet $7,000 (c) Over 6,000 square feet $8,000 With entertainment or dancing (a) 0-3,000 square feet $7,000 (b) 3,001-6,000 square feet $8,000 (c) Over 6,000 square feet $9,000 603 Liquor, On-Sale Intoxicating Initial Investigative Fee Individual $200 Corporation or partnership $400 603 Liquor, On-Sale Sunday $200 603 Liquor, On-Sale Intoxicating Temporary $25 one day only 602 Liquor, 3.2% Malt Liquor Off-Sale $60 On-Sale $325 Holiday Endorsement $100 602 Liquor, 3.2% Malt Liquor, Initial Investigative Fee Individual $90 Corporation or partnership $180 602 Liquor, 3.2% Malt Liquor Temporary $60 603 Liquor, Wine $1,000 274 Jufn!8/ 603 Liquor, Wine Investigative Initial Fee Individual $200 Corporation or partnership $400 605 Liquor, Bottle Club Annual permit $300 One day permit $25 606 Liquor, On-Sale Intoxicating Club Per club under 200 members $300 Per club of 201-500 members $500 Per club of 501-1,000 members $650 Per club of 1,001-2,000 members $800 Per club of 2,001-4,000 members $1000 Per club of 4,001-6,000 members $2,000 Per club of over 6,000 members $3,000 606 Liquor, On-Sale Club Holiday $100 Endorsement 101300 Livestock Initial fee $100 Annual review $25 603 Managerial License (Liquor) $10 125 Massage Therapy Business License Annual license $400 Business investigation fee for $400 (new) $200 (renewal) corporations or partnerships Business investigation fee for $200 (new) $100 (renewal) individual/sole proprietor 125 Massage Therapist License Fee $50 Therapist Investigation Fee $25 22 Music Festivals Per day $700 Filing fee $100 18 Motor Vehicle Body Repair Business $150 509 Motorized Vehicles Rental $50 per vehicle 101300 Multiple Pet Location License Fee $100 Renewal Fee $25 Impound Fee $25 300 Poultry Initial fee $100 Annual renewal fee $25 Impound fee $25 220 Rental Housing Annual License 275 Jufn!8/ Single rental unit $100 Two rental units $150 Three rental units $210 Four rental unit $270 Five or more units $270 plus $12 per unit over four units License renewal late fee if more than 150% of the annual license fee seven days late License fee to reinstate after revocation 150% of the annual license fee or suspension License transfer fee $25 License reinstatement fee for properties that were posted for not complying with correction orders or license renewals 1-30 days $250 31+ days $500 Renting prior to obtaining a license 125% of the annual license Reinspection fee after second inspection Single, duplex, triplex $100 Four or more units $300 31 Pawn Shops Annual license fee $3,000 Monthly transaction fee $3 per transaction Reporting failure penalty $4 per transaction Investigation fee $400 14 Peddlers/Solicitor $60 per peddler 23 Public Dance $75 13 Retail Gasoline Sales $60 Private Gasoline Pump $30 per location 127 Sexually Oriented Businesses $400 $400 Investigation fee 602, 603, 606 Social Skill Game Tournament Service $100 annually Provider 16 Street Vending Industrial/commercial $50 276 Jufn!8/ Residential $70 Both $100 116 Sun Tanning Rooms $500 12 Tobacco License $125 12 Tobacco Product Shop License fee $400 Investigation fee $100 104 Tree Management License $150 19 Used Motor Vehicles License $150 per year 6. Parks and Recreation Services Fees (a) Recreation Division (1) Program fees are listed in the CityÔs bi-monthly Parks and Recreation Brochure and on the CityÔs website. (2) Administrative Fees Item Category A Category B Category C (Fridley Youth (Residents (Non- Athletics and residents) community groups) Additional maintenance staff City staff hourly City staff City staff rate hourly rate hourly rate Chalk Market rate Market rate Market rate Concession area for $175 per day $175 per day $175 per day Community Park Damage deposit for multiple $200 $200 $200 day rentals Lights $20 per field $20 per field $20 per field Locates for electrical or Market rate Market rate Market rate irrigation heads Portable restrooms Market rate Market rate Market rate Scoreboard and press box at $20 per field $20 per field $20 per field Community Park Shelter rental for Commons $65 per day $65 per day $100 per day Park and Flanery Park Vendor fee (concession $100 per day $100 per day $100 per day space) (3) Event Fees 277 Jufn!8/ Subject Fee Code 508 Parade $100 Application Daily $700 23 Public Dance Application $75 (4) Outdoor Field Rental Fees Use Category A Category B Category C (Fridley Youth (Residents (Non- Athletics and residents) community groups) Baseball, softball, and $0 per hour $20 per hour $40 per hour football fields Commons Park baseball and $80 per $100 per $200 per softball fields weekend weekend weekend $40 per day $50 per day $100/day Community Park Softball $500 per $1,000 per $2,000 per Complex weekend weekend weekend $250 per day $500 per day $1,000 per day Hockey rink $0 per hour $20 per hour $20 per hour Soccer field $0 per hour $30 per hour $60 per hour Tennis or pickleball court $0 per hour $20 per hour $40 per hour Volleyball court $0 per hour $20 per hour $40 per hour (5) Picnic Shelter Rental Fees Park Resident Non-Resident Deposit Flanery and Commons Parks 1-50 guests $65 plus tax $100 plus tax $50 51-150 guests $105 plus tax $150 plus tax $50 Special Use Permit $265 plus tax $450 plus tax $50 Moore Lake 1-50 guests $35 plus tax $75 plus tax $50 51-150 guests $75 plus tax $115 plus tax $50 Special Use Permit $235 plus tax $425 plus tax $50 278 Jufn!8/ (6) Springbrook Nature Center Program Fees Program Fee 60 Minute naturalist-led program $4 per student 90 Minute naturalist-led program $6 per student 60 Minute naturalist-led program at another $150 location Additional program at same site $50 Summer Camp Resident $155 per five-day program Non-resident $165 per five-day program Birthday Party Program $125 (7) Springbrook Nature Center Room Rental Fees Program/Amenity Fee Amphitheater Resident $225 per room per hour plus tax Non-resident $300 per room per hour plus tax Non-profit group (proof of status must be $225 per room per hour plus tax provided) Classroom ($50 refundable damage deposit due at time of booking) Resident $30 per room per hour plus tax Non-resident $50 per room per hour plus tax Non-profit group (proof of status must be $30 per room per hour plus tax provided) Pavilion Activity Center Outdoor ($100 refundable damage deposit due at time of booking) Resident $65 plus tax Non-resident $100 plus tax Non-profit group (proof of status must be $65 plus tax provided) Pavilion Activity Center Indoor ($100 refundable damage deposit due at time of booking) Resident $65 plus tax Non-resident $100 plus tax Non-profit group (proof of status must be $65 plus tax provided) 279 Jufn!8/ Pavilion Activity Center Entire ($100 refundable damage deposit due at time of booking) $130 plus tax Resident Non-resident $200 plus tax Non-profit group (proof of status must be $130 plus tax provided) Portable public address (PA) system $50 per day plus tax 7. Planning and Zoning Fees Code Subject Fee M.S. § 462.355 Comprehensive Plan Amendment $1,500 217 Condominium (annual registration) 2-4 units $20 5-12 units $30 13-24 units $40 Over 24 units $50 217.04 Condominium conversion registration (one-time fee) 2 units $500 3-7 units $750 8-12 units $1,000 Over 12 units $1,000 + $50 per unit for every unit over 12 208 Conservation Plan Review (as part of $450 building permit for new construction 205 Farmers Market Event Permit $100 211 Lot Splits $1,250 205.24 Master Plan, Application or $1,500 Amendment 203 Manufactured Home Parks $30 + $1 per trailer site (one- time fee) 214 Signs and/or Billboards Permanent wall sign Permanent free-$100 standing/monument $200 Permanent re-face/face-change $50 Temporary sign $100 plus ($200 deposit refunded if conditions met) 205.30 Telecommunications Permit to add $400/user/tower Equipment to an Approved Site 27: Jufn!8/ Small Cell Telecommunications Towers and Facilities District $500 205.30.24 Distributed Antenna System (DAS) Application Fee 205.30.24 DAS Application Review $1,500 Fee 205.30.9(9) DAS Abandonment $2,000 Escrow 205.30 Temporary Outdoor Display Permit $75 205.33 Transit Oriented District (TOD) Project $1,500 Plan Application 205.33 TOD Tree Substitution Fee to TOD $500 per tree Capital Project Fund 211 Plat Up to 200 lots $1,500 Each additional lot $15 205 Rezoning $1,500 205 Special Use Permit R-1 $1,000 All others $1,500 205 Vacations, Right of Way or Easement $1,500 205 Variance R-1 $500 All others $1,400 205 Wetlands Certifying Exemptions $1,500 Replacement Plan Application $1,500 No Loss Determination $1,500 Appeal of Decision $1,500 8. Police Division Fees Code Subject Fee 301 False Alarms $150 for the third false alarm in 365 days. $25 will be added for each subsequent false alarm (e.g., fourth false alarm will be $175, fifth false alarm will be $200, etc.). 103 Fire Arm Permit to Discharge $25 30 Lawful Gambling Permit $25 for one-day small events, (e.g., a raffle) 281 Jufn!8/ 209.13 Penalties Code Subject Penalty 203 Administrative Citation General $100 per violation Fire Lane/Reserved Handicap $125 per violation Parking Other Parking $35 per violation 203 Administrative Citation Late Fee General $25 Fire Lane/Reserved Handicap $30 Parking Other Parking $10 514 Snow Removal Penalty Violations of the provisions of this Section shall be a misdemeanor, subject to penalties of a maximum of $700 and 90 days in jail per occurrence. In the alternative, the City may, in its discretion, impose a civil penalty as follows: nd 2offense within 365 days $50 rd 3 offense within six months of $200 any prior offense th 4 offense or more within six $500 months of prior offense(s) In addition, the City may charge to, and assess to the associated property, any damage to City property or injury to City employees attributable to violations of this section. Section 24 That the Fridley City Code Chapter 203, Administrative Enforcement of Ordinance Violations, be hereby amended as follows: Fridley City Code Chapter 203 Appeals and Administrative CitationsAdministrative Enforcement of Ordinance Violations 203.01 Purpose 282 Jufn!8/ This Chapter collates various procedures found throughout the Fridley City Code (Code) regarding citations associated with violations of the Code and appeals of City decisions. The With respect to Code violations, the Fridley City Council (Council) seeks to offer an alternative method of enforcement for City Code (Code) violations rather than relying solely on the judiciary for such relief. The formal judicial process does not provide an environment to adequately address the unique and sensitive issues that are involved in Code violations, including, but not limited to: neighborhood concerns, livability issues, economic impact, public safety, physical limitations of the offenders, and the stigma and unintended consequences of being charged with or convicted of a misdemeanor offense. In addition, the methodical process of the court system process may not be conducive to dealing with the violations in a prompt and timely manner. To provide more flexibility in addressing Code violations on an individual basis that will be more efficient and effective and to ensure a process for administrative relief before engaging the judicial system, the Council finds that an alternative enforcement process is necessary. In order to provide more flexibility in addressing Code violations on an individual basis that will be more efficient and effective and to ensure a process for administrative relief before engaging the judicial system, the Council finds that an alternative enforcement process is necessary. Therefore, to protect the health, safety and welfare of the citizens of Fridley, the Council intends to create a process for the use and imposition of administrative civil penalties that will provide the public and the City with an effective, alternative method for addressing Code violations. With respect to appeals of City decisions, the Council seeks to streamline the appeals process so that appeals may be heard on an administrative level by a hearing examiner before the appeal needs to be brought to the Council level. 203.02 Definitions Administrative Citation or Administrative Penalty: A civil fine that is issued in response to a violation of this Code. Administrative Hearing: A scheduled opportunity for parties to present testimony and question witnesses related to a specific Administrative Citation or appeal. Administrative Offense: A violation of a provision of this Code. Hearing Examiner: Any person as defined by Minnesota Statute (M.S.) § 609.415, as may be amended from time to time, and selected by the City Manager or their designee to hear and determine a matter for which an Administrative Hearing is requested. 203.03 Appeal Procedures 283 Jufn!8/ 1. Appeals. The appeal procedures set forth in this Chapter must be followed as specified by reference in the Code and are available to any person directly and adversely affected by the order or decision of, or the imposition of conditions by a City commission, department, officer, or employee when a right of appeal and the appeal procedure set forth in this Chapter is specified in the Code. (a) A person wishing to appeal must file with the City Clerk a written request for a hearing within 14 business days after the date of notification of the activity on which the appeal is based. The request must specify the order, decision, or condition being appealed, the date of the notification, and the Code provision under which the appeal is authorized. (b) The appeal will be heard by the Hearing Examiner following the Administrative Hearing procedures set forth in this Chapter. 203.04 Administrative Hearings 1. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager, or their designee, may, at their discretion, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of compensation therefor. 2. Qualifications. The Hearing Examiner will be an individual trained in law; however, it will not be required that the Hearing Examiner be currently licensed to practice law in the State of Minnesota. 3. Duties. The Hearing Examiner will have the following duties: (a) Schedule hearing dates and hear all appeals; (b) Take testimony from all interested parties; (c) Examine all facts, evidence and testimony presented at the hearing; (d) Make a complete record of all proceedings including findings of fact and conclusions of law; and (e) Affirm, dismiss, or modify the Administrative Citation and/or the Administrative Penalty assessed or in the case of an appeal of a City decision, order such action as may be deemed appropriate. 4. Hearing Procedure. (a) All Administrative Hearings will take place at the Fridley Civic Campus (7071 University Avenue N.E., Fridley, MN 55432) between 8:00 a.m. and 8:00 p.m. Monday through Friday. The Hearing Examiner may schedule an alternative date and time upon the written consent of all parties subject to the Administrative Hearing. 284 Jufn!8/ (b) The Hearing Examiner must provide all parties involved with a written Notice of Hearing at least seven business days prior to the Administrative Hearing. (c) All Administrative Hearings will be recorded with an audio recording device. A transcript of the Administrative Hearing will be transcribed and retained pursuant to the Minnesota Government Data Practices Act. (d) The Hearing Examiner will take testimony from the petitioner and any corroborating witnesses who wish to testify. The Hearing Examiner will then take testimony from the City. Both the petitioner and the City may appear with legal counsel. (e) The Rules of Evidence do not apply. The Hearing Examiner will determine the admissibility of any evidence or testimony. (f) The Hearing Examiner will render a written decision to affirm, dismiss or modify the CityÔs order or decision of, or the imposition of conditions by a City commission, department, officer, or employee when a right of appeal and the appeal procedure set forth in this Chapter is specified in the Code. Within 15 business days after the Administrative Hearing, the Hearing Examiner must provide written findings of fact, conclusions of law and if applicable, issue a timeline to pay any applicable penalties and fees. The decision of the Hearing Examiner will be final unless otherwise stated in an applicable section of the Code. (g) Judicial review. If authorized by law, an aggrieved party may obtain judicial review of a final decision of the Hearing Examiner in a court of competent jurisdiction within the time limit prescribed by law. 5. Failure to Appear. The failure to attend the Administrative Hearing constitutes a waiver of the petitionerÔs rights to an Administrative Hearing and an admission of the violation or dismissal of the appeal, whichever may be applicable. The Hearing Examiner may waive this result upon good cause shown. "Good cause" may be determined by the Hearing Examiner and may include: death in the immediate family or documented incapacitating illness of the petitioner, a court order requiring the petitioner to appear for another hearing at the same time, or lack of proper service of the administration citation or notice of the Administrative Citation or Notice of Hearing. 6. Failure to Pay Is Separate Violation. The following are separate violations of the Code, punishable as misdemeanors in accordance with State law: (a) Unless a notice of appeal has been timely filed, failure to pay the Administrative Penalty within the time required after issuance of an Administrative Citation. (b) Failure to pay the Administrative Penalty or fine imposed by a Hearing Examiner within 30 days after it was imposed, or such other time as may be established by the Hearing Examiner, unless judicial review has been sought for the matter in accordance with State law. 285 Jufn!8/ 203.02 Application203.05 Administrative Citations 1. The administrative procedures and penalties in this section Section may, in the discretion of the City, be used for any violation of the Code or any violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the Code, and traffic offenses designated in Minnesota Statute (M.S.) § 169.999, in the amount designated in M.S. § 169.999, as it may be amended from time to time. 2. Except as expressly provided in this section, the provisions of this section Section may be used concurrently with or in addition to any other procedure or remedy, criminal or civil, the City may pursue under the Code, State law, or Federal law. Nothing herein restricts the right of the City to enter property immediately or to seek other remedies in emergency or other situations as authorized by the Code, State law, or Federal law. Where differences occur between provisions of this section Section and other applicable Code sections, this section Section controls to the extent of such differences. No provision of the Code that provides a criminal procedure or penalty, or an administrative or civil procedure or penalty, for a violation of the Code shall will preclude the application of this section in its entirety to such violation. 3. The penalties and procedures provided in this section Section shall are be applicable to every section and chapter of the Code. The penalties and procedures provided by this section Section shall will apply to any amendment of the Code, whether or not such penalty is reenacted in the amendment, unless otherwise provided in such amendment. 203.034. Enforcement and Administrative Citation Issuance 1. (a) Authority to Enforce. Only peace officers may issue Administrative Citations pursuant to M.S. § 169.999 related to traffic violations. The City shall may not issue an Administrative Citation as authorized by M.S. £ 169.999 to the holder of a commercial driverÔs license or the driver of a commercial vehicle in which the administrative violation was committed. (b) Any other violation of the Code may also result in an Administrative Citation. Any persons employed by the City and designated by the City Manager to enforce the Code are authorized to issue such citations. The City may only issue an administrative citationAdministrative Citation upon a determination of a violation of any regulation identified in Section 203.02this section. The City Manager, or their designee, is authorized to promulgate rules and forms to implement these procedures. 2. (c) Administrative Citation. Any person with authority to enforce the Code may, upon a reasonable belief that there has been a violation thereof, issue an Administrative Citation to the violator or party responsible for the violation in one of the following ways: 286 Jufn!8/ (a) Any person with authority to enforce the Code may, upon a reasonable belief that there has been a violation thereof, issue an Administrative Citation to the violator or party responsible for the violation in one of the following ways: (1) By personal service delivery upon the owner of the property or an occupant of suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be served upondelivered to a manager on the premises or to a corporate officer; (2) By first class mail to a person identified in Subsection (2)(a)1(4)(c)(1) of this section; (3) By posting the citation Administrative Citation in a conspicuous place on or near the main entrance when it reasonably appears the property is occupied but the occupants are not available or willing to accept personal service, and where the property is not a licensed rental dwelling; (4) By posting the citation Administrative Citation in a conspicuous place on or near the main entrance and mailing by first class mail a notice of the citation to the owner of record where it reasonably appears the property is vacant or abandoned; (5) By posting the citation Administrative Citation in a conspicuous place on or near the main entrance and mailing by first class mail, notice of the citation to the licensee when the property is a rental dwelling licensed by the City; or (6) By posting the citation Administrative Citation in a conspicuous place on a motor vehicle when the vehicle is vacant. (b)(d) The City shall must notify a recipient of an Administrative Citation of their right to contest the citation as outlined in Section 203.04203.04. The City shall also appoint a neutral third party to hear and rule on challenges to administrative citations authorized by the Code. (c)(e) The failure to pay an Administrative Penalty Citation or petition for an Administrative Hearing within 14 business days after the citation is issued, or failure to attend a scheduled Administrative Hearing, constitutes a waiver of the violatorÔs right to a future Administrative Hearing and is an admission of the violation. (df) Any administrative finesAdministrative Penalties assessed pursuant to M.S. § 169.999 shall must be disbursed in accordance with M.S. § 169.999, subd. 5. 203.045. Administrative Hearings 1. (a) Request for Hearing. Anyone in violation of any section of the Code may either pay the Administrative Penalty, as defined by Section 203.05, or petition the City for an Administrative Hearing pursuant to Section 203.04(5). 287 Jufn!8/ (b) All such petitions must identify with specificity the basis for the objection to the Administrative Citation and the interpretation of the Code, as well as summarizing any evidence the petitioner intends to present. Such requests must be filed in writing to the City Manager, or their designee, within 14 business days after the date the Administrative Citation is issued. 2. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager, or their designee, may, at their discretion, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this chapter and set the rate of compensation therefor. 3. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall not be required that the Hearing Examiner be currently licensed to practice law in the State of Minnesota. 4. Duties. The Hearing Examiner shall have the following duties: (a) Set dates and hear all contested cases; (b) Take testimony from all interested parties; (c) Examine all facts, evidence and testimony presented; (d) Make a complete record of all proceedings including findings of fact and conclusions of law; and (e) Affirm, dismiss, or modify the Administrative Citation and/or the Administrative Penalty assessed. 5. Hearing Procedure. Any person issued an Administrative Citation within the City may petition the City, in writing, for an Administrative Hearing before a Hearing Examiner. (a) All such petitions shall identify with specificity the basis for the objection to the Administrative Citation and the interpretation of the Code, as well as summarizing any evidence the petitioner intends to present. Such requests shall be filed in writing to the City Manager, or their designee, within 14 business days after the ordinance violation citation is issued. (b) The City will confirm request of an Administrative Hearing and include information on the Administrative Citation Hearing Fee as outlined in this ordinance. This fee will be refunded if the Administrative Citation is dismissed, but not if affirmed or modified. (a) The City will confirm the petitionerÔs request of an Administrative Hearing and include information regarding payment of the Administrative Hearing Fee as set forth in the Fees 288 Jufn!8/ chapter of the Code. This fee will be refunded if the Administrative Citation is dismissed, but not if it is affirmed or modified. (c) All Administrative Hearings will take place at the Fridley Civic Campus (7071 University Avenue N.E., Fridley, MN 55432) between 8:00 a.m. and 8:00 p.m. Monday through Friday. The Hearing Examiner may schedule an alternative date and time upon the written consent of all parties subject to the Administrative Hearing. (d) The Hearing Officer shall provide all parties involved with a Notice of Hearing at least seven business days prior to the Administrative Hearing. (e) All Administrative Hearings will be recorded with an audio recording device. A transcript of the Administrative Hearing will be transcribed and retained pursuant to the Minnesota Government Data Practices Act. (f) The Hearing Examiner will take testimony from the petitioner and any corroborating witnesses who wish to testify. The Hearing Examiner will then take testimony from the City. Both the petitioner and the City may appear with legal counsel. (g) The Rules of Evidence do not apply. The Hearing Examiner will determine the admissibility of any evidence and/or testimony. (h) The Hearing Examiner shall render a written decision to affirm, dismiss or modify the CityÔs Administrative Citation. Within 15 business days after the Administrative Hearing, the Hearing Examiner shall provide written findings of fact, conclusions of law and if applicable, issue a timeline to pay any penalties and fees. The decision of the Hearing Examiner shall be final. (i) Judicial review. An aggrieved party may obtain judicial review of a final decision of the Hearing Examiner in a court of competent jurisdiction within the time limit prescribed by law. 6. Failure to Appear. The failure to attend the hearing constitutes a waiver of the petitionerÔs rights to an Administrative Hearing and an admission of the violation. The Hearing Examiner may waive this result upon good cause shown. "Good cause" may be determined by the Hearing Examiner and may include: death in the immediate family or documented incapacitating illness of the accused, a court order requiring the petitioner to appear for another hearing at the same time, or lack of proper service of the administration citation or notice of the hearing. 7. Failure to Pay Is Separate Violation. The following are separate violations of the Code, punishable as misdemeanors in accordance with State law: (a) Unless a notice of appeal has been timely filed, failure to pay the fine within the time required after issuance of an Administrative Citation. 289 Jufn!8/ (b) Failure to pay a fine imposed by a Hearing Examiner within 30 days after it was imposed, or such other time as may be established by the Hearing Examiner, unless judicial review has been sought for the matter in accordance with State law. 203.056. Penalties and Payment 1. (a) Application. An Administrative Citation may be issued in conjunction with, or in lieu of, any other remedy available to the City. 2. (b) Administrative Penalties and Fees. The Council shall may adopt by ordinance a schedule of penalties and fees for violations of the Code and the enforcement of this chapterChapter. (a)(1) Any penalties and fees for those Administrative Citations issued pursuant to M.S. § 169.999, subd. 1, shall bemay not exceed the limits described in M.S. § 169.99, subd. 5. (b)(2) Unless expressly provided otherwise in the Code, each day a violation exists constitutes a separate administrative offense. (c)(3) When an Administrative Citation is issued and served as described in Section 203.03(2) of this Chapter, the party receiving service has up to 14 business days to pay the Administrative Citation fee as outlined in Chapter 209the Fees chapter of the Code. If payment is not received, or an Administrative Hearing is not requested within 14 business days of the citation being issued, a late fee will be incurred. The Administrative Penalty Late Fee is outlined in Chapter 209the Fees chapter of the Code. 3. (c) Payment Process. (a)(1) A party who has received an Administrative Citation must, within 14 business days after of the date that the Administrative Citation is issued, pay the amount of any fine Administrative Penalty set forth therein, unless that party has requested an Administrative Hearing as authorized by this Chapter. If the Administrative Citation penalty is upheld in full or in part by the Hearing Examiner, the petitioner must make payment to the City within 14 business days of the date of issuance of the Hearing ExaminerÔs decision, unless another term is prescribed therein. (b)(2) Any fine Administrative Penalty may be paid in person at City Hall, by mail or by other method set forth by the City. (c)(3) Payment of any fine Administrative Penalty shall will be deemed a final admission of the violation, and thereafter the City shall may not bring a criminal charge for the same violation. Ongoing or continuing violations shall will constitute a new violation for each day that it is occurring. 28: Jufn!8/ (d)(4) Payment of a finean Administrative Penalty shall will not excuse the failure to satisfy compliance orders referenced in the Administrative Citation and such payment shall will not bar further enforcement activity by the City for a continuing violation, including without limitation, the issuance of additional Administrative Citations. 4. (d) Lien. If an Administrative Penalty imposed by an Administrative Citation is not paid within the time specified, it constitutes a personal obligation of the violator and a lien upon the real property upon which the violation occurred, if the property or improvements on the property were the subject of the violation and the property owner was responsible for that violation. 5. (e) Assessment. Any persons employed by the City and designated by the City Manager to enforce the Code shall must keep a record of the costs of ordinance violationsthe Code violation and shall must provide detailed reports to the City Manager or their designee regarding all matters related to each violation. In the event the Administrative Penalty is unpaid and it is not possible for the City to place a lien on any real property, the City may list the total unpaid charges for each assessment against each separate lot or parcel to which they are attributable. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment shall may be payable in a single installment or by up to ten equal annual installments as the City Council may provide, pursuant to M.S. § 429.101. 6. (f) License and Permit Issuance. Failure to pay an Administrative Penalty shall beis grounds for suspending, revoking or not renewing a license or permit related to the violation. During the time that an Administrative Penalty remains unpaid, no City approval will be granted for a license, permit, or other City approval sought by the violator or for property under the violator's ownership or control. For purposes of this restriction, any company entity that is owned in whole or in part by the violator shall will also be considered to be subject to these restrictions, regardless of corporate structure. 7.(g) Disposition of Penalties. All penalties collected pursuant to this Chapter shall must be paid to the City Treasurer and deposited in the appropriate fund and with the appropriate parties. 8.(h) Maximum Penalty. As noted in Section 203.05(2)(b), eachEach day a violation exists is a separate offense. The maximum amount of an Administrative Penalty charged for a single offense, as determined by the City, may not exceed twice the maximum fine authorized by State law for misdemeanor offenses, or the maximum fine authorized by State law for an administrative process. 203.06 Exemption 291 Jufn!8/ This section chapter of the Code shall applyapplies to all violations of the Code, except for those situations where applicable sections of the Code and/or State law prescribe other procedures or rules. Passed and adopted by the City Council of the City of Fridley on this \[#\] day of \[Month\], 2023. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: First Reading: Second Reading: Publication: 292 Jufn!8/ PUBLICNOTICE Notice of Public Hearing Fridley City Council Notice is hereby given that the City Council of the City of Fridley will hold a public hearing on March 27, 2023at 7:00 p.m. at Fridley City Hall, 7071 University Avenue N.E. The public hearing will consider Ordinance No. 1406, Creating Title No. 3 (Health, Safety, and Welfare) of the Fridley City Code and the Chapters Contained Therein, Amending the Fridley City Code Chapter 209, Fees, and Amending the Fridley City Code Chapter 203, Administrative Citations. Any person desiring to be heard shall be given an opportunity at the above stated time and place. Or, comments may be submitted before the meeting to melissa.moore@fridleymn.gov or 763-572-3523. Published: March16, 2023 Star Tribune. 293 Jufn!9/ AGENDA REPORT Meeting Date:March 13, 2023 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2023-24Approving Claims for the Period Ending March 8, 2023 Background Attached is Resolution No. 2023-24and the Claims Report for the period ending March 8, 2023. The Claims Report contains all payments made by the City for the period presented. These claims are broken out by Accounts Payable, Utility Billing and Payroll.The City's auditor, Redpath has requested that Utility Billing refunds be included in theClaims Report. Financial Impact Included in the budget. Recommendation Staff recommend the approval of Resolution No. 2023-24. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2023-24 City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 294 Jufn!9/ Resolution No. 2023-24 Approving Claims for the Period Ending March 8, 2023 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending March 8, 2023, was reviewed by the City Council. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims as presented. th Passed and adopted by the City Council of the City of Fridley this 13 day of March, 2023. _______________________________________ Scott J. Lund - Mayor Attest: Melissa Moore City Clerk 295 Jufn!9/ 296 Jufn!9/ 297 Jufn!9/ 298 Jufn!9/ 299 Jufn!9/ 29: