HomeMy WebLinkAbout2440-13 - ADMIN Ordinance - City Council - 2013/05/06ORDINANCE NO. 2440-13
AN ORDINANCE RELATING TO BUSINESS LICENSES, AMENDING
REQUIREMENTS RELATING TO FOOD AND BEVERAGE ESTABLISHMENTS,
LODGING ESTABLISHMENTS AND PUBLIC SANITARY FACILTIES; AND
ENVIRONMENTAL AND PUBLIC HEALTH
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Chapter 8-1 of the St. Louis Park Code of Ordinances is amended to ready by
adding the underlined language and deleting the striloethrouh language:
ARTICLE I. IN GENERAL
See. 8-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Air contaminant means any gaseous matter or particulate matter which, when present in the
outdoor atmosphere, contributes to a condition of air pollution, including, but not limited to,
gases, vapors, mists, dust, soot, smoke, fumes, fly ash, cinders and odors.
Air pollution means the presence in the atmosphere of one or more air contaminants, or
combinations thereof, which is or may tend to be injurious to human health or welfare, or
injurious to human, plant or animal life or property, or that interferes with the comfortable
enjoyment of life or property or the conduct of business.
Amusement arcade means a business at one location devoted primarily to the operation of
mechanical or electrical amusement devices and open for public use and participation.
Amusement device means a mechanical or electrical machine which, upon the insertion of a
coin, token or slug, operates or may be operated for use as a game, contest or amusement of any
description, or which may be used for any such game, contest or amusement, and which contains
no automatic pay-off device for the return of money, coins, checks, tokens or merchandise, or
which provides for no such devices, and shall include pinball machines, mechanical miniature
pool tables, bowling machines, shuffleboards, electric rifle or gun ranges, miniature mechanical
devices and games or amusements patterned after baseball, basketball, hockey, tennis, soccer,
jukeboxes and similar games, which may be used solely for amusement and not as gambling
devices.
Atmosphere means the air that envelopes or surrounds the earth.
Billboard means a sign which is used for the primary purpose of selling space advertising a
product, service, business or event which is not offered for sale or rent or does not take place on
the premises on which the sign is located.
Ordinance No. 2440-13 -2-
Boardinghouse means a food and beverage service establishment where food or beverages,
or both, are furnished to five or more regular boarders, whether with or without sleeping
accommodations, for periods of one week or more.
City property means any property owned by the city, including, but not limited to, municipal
buildings, parks or city rights-of-way.
Commercial entertainment establishment means an amusement arcade, when the arcade is
the principal operation of the business establishment, a roller skating rink or a movie theater.
Construction debris container means any roll -off four-sided steel container for temporary
storage of construction and demolition materials.
Construction demolition materials means any waste building materials, packaging and rubble
resulting from the construction, repair and demolition of buildings.
Courtesy bench means any bench or seat located on any public sidewalk along a street or
thoroughfare or on any public right-of-way along a street or thoroughfare or on private property
dedicated to public use or authorized for public use by the owner of such bench.
Dog kennel means any place where four or more dogs over the age of nine weeks are kept for
a period longer than 24 hours, or any business engaged in the breeding, health care, boarding or
sale of dogs.
Emission means the discharging, releasing, circulating, letting off, raising, liberating, freeing
or sending forth into the atmosphere any air contaminant or combinations thereof.
Enclosed parking facility means an enclosed building or structure, or part of a building or
structure, used for parking, storage or maintenance of motor vehicles.
Aged er be��Pqge estabUshnient means any building, room, stand, enrlosure, 'Vehiele, ,
distributed,area or other place whefe food or- beverages are manufactured, pEepared, stored,
.1 sold or FF .1 F 1 t the bli t retail, regardless F whether- there is a charge for
the ..rtiolo o otherwise pr....:des foods or boyerages or both for 1.,,man n
Garbage means animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
Health/sports establishment means a business, the primary purpose of which is health and
fitness, of which massage therapy may be a subsidiary and for which the financial records of the
establishment are at all times available to the city for inspection.
Ordinance No. 2440-13 -3-
High impact sexually -oriented business means any business with materials or entertainment
provided to the public which are principally related to sexual stimulation or gratification other
than a limited impact sexually -oriented business. Examples of a high impact sexually -oriented
business include the following:
(1) A business where sexually -oriented materials are sold, bartered, distributed, leased,
furnished, exhibited or otherwise provided for use or entertainment on business
premises;
(2) A business where specified sexual activities are explicitly, verbally described or shown;
(3) A business where specified anatomical areas are explicitly, verbally described or
shown;
(4) A business providing sexually -oriented materials for off-site use or entertainment,
which has a separate area but does not meet the size of other restrictions to qualify as a
limited impact sexually -oriented business; and
(5) A business providing sexually -oriented materials for off-site use or entertainment
where the sexually -oriented materials are dispersed within the business rather than
isolated in a separate area.
Limited impact sexually -oriented business means a business where sexually -oriented
materials are sold, bartered, distributed, leased, furnished or otherwise provided to the public and
which meets the following restrictions:
(1) All sexually -oriented materials must be provided for use or entertainment off the
business premises only;
(2) All sexually -oriented materials must be provided from a separate area to which persons
under the age of 18 years are prohibited access;
(3) The separate area may not exceed a maximum of 20 percent of the retail floor area of
the establishment, or 300 square feet, whichever is less;
(4) No person outside the separate area shall be able to perceive or observe and sexually -
oriented materials at any time, including when someone is entering or exiting the
separate area, shopping or purchasing sexually -oriented materials;
(5) A sign must be displayed on the entrance to the separate area which shall read: "No
person under the age of 18 is allowed in this area." The sign letters shall be a minimum
of two inches high; and
(6) The entry into the separate area shall be visible to an employee of the business at 11
times.
Lodging means the furnishing for consideration of lodging at a hotel, motel, rooming house,
tourist court, or resort, other than the renting or leasing of it for a continuous period of thirty (30)
calendar days or more. (Ord. No. 2396-10- 3-1-11)
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Limited impact sexually -oriented business means a business where sexually -oriented
materials are sold, bartered, distributed, leased, furnished or otherwise provided to the public and
which meets the following restrictions:
(1) All sexually -oriented materials must be provided for use or entertainment off the
business premises only;
(2) All sexually -oriented materials must be provided from a separate area to which persons
under the age of 18 years are prohibited access;
(3) The separate area may not exceed a maximum of 20 percent of the retail floor area of
the establishment, or 300 square feet, whichever is less;
(4) No person outside the separate area shall be able to perceive or observe and sexually -
oriented materials at any time, including when someone is entering or exiting the
separate area, shopping or purchasing sexually -oriented materials;
(5) A sign must be displayed on the entrance to the separate area which shall read: "No
person under the age of 18 is allowed in this area." The sign letters shall be a minimum
of two inches high; and
(6) The entry into the separate area shall be visible to an employee of the business at 11
times.
Lodging means the furnishing for consideration of lodging at a hotel, motel, rooming house,
tourist court, or resort, other than the renting or leasing of it for a continuous period of thirty (30)
calendar days or more. (Ord. No. 2396-10- 3-1-11)
Ordinance No. 2440-13 -4-
Massage means the rubbing, stroking, kneading, tapping or rolling of the body of another
with the hands or objects for the exclusive purpose of physical fitness, health care referral,
relaxation, beautification and for no other purpose.
Massage therapist means a person who practices or administers massage therapy.
(Ord. No. 2381-10, 7-01-10)
Massage therapy establishment means a place providing to the public at large massage
services, other than a hospital, sanatorium, rest home, nursing home, boarding home, or other
institution licensed under the provisions of M.S.A. §§ 144.50--144.69. The definition does not
include the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry;
and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry, licensed nurses and athletic directors and trainers.
Multilevel parking facility means a building or structure, or part thereof, in which a structural
level other than a slab on grade is used for parking, storage, or maintenance of motor vehicles.
Off-site consumption means any limited impact sexually -oriented business or any high
impact sexually -oriented business where sexually -oriented materials are sold, bartered,
distributed, leased, furnished or otherwise provided for use or entertainment off the business
premises only.
On-site consumption means any high impact sexually -oriented business where sexually -
oriented materials or entertainment, which are principally related to sexual stimulation or
gratification, are offered on the business premises.
Operator means a person who provides lodging to others, or any office, agent or employee of
such person. (Ord. No. 2396-10, 3-1-11)
Pawnbroker means a person who loans money on deposit or pledge of personal property or
other valuable thing; who deals in the purchasing of personal property or other valuable thing on
condition of selling such personal property or other valuable thing back again at a stipulated
price; or who loans money secured by chattel mortgage or on personal property, taking
possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker
business includes buying personal property previously used, rented, or leased, the provisions of
this chapter shall be applicable. Any bank, savings and loan association, or credit union shall not
be deemed a pawnbroker for purposes of this chapter.
Peddler means any person with no fixed place of business who goes from house to house
carrying or transporting goods, wares or merchandise and offering or exposing such goods,
wares or merchandise for sale, or making sales and deliveries to purchasers of such goods, wares
or merchandise.
Ordinance No. 2440-13 -5-
Person means an individual, proprietorship, partnership, corporation, association, or other
legal entity.
Peal means any stfueture, ehamber, r tank ont.ining an artificial _body of water for -
swimming,
r
of reef eational use ineiuding speeial purpose pools and wadin
s�wqqim� )diving, relaxation,
Pools'
D residential peo7 means a of eormeeted with a single family _ esiden )ei-
oraeupied duplex, located on private propefty under the eontfol of the homeowner, the us
h' h is limited t family members or the family's invited .. ., guests. A ate residential ..
., 1
t pool used a ..art of f a business.
Process means any action or operation which:
(1) By physical action results in a change in location, form, or physical properties of a
material;
(2) By chemical action results in a change in chemical composition, chemical properties, or
physical properties of a material; or
(3) Creates or establishes a condition or situation which produces air contaminants.
--
numb..f F and bathing, ate.l_by�
J JYe
operator,whether that per-seff is the owffer, lessee,
li re, regardless o
whether a F is h o d F sueh use. A ubli swimis of l.l i iteto
pools t d h rL school, 1: ed child eare fa..ilit. ho
operated
emnp, rt) apartment hildib) alub) eondominium, hotel manufaetured home park,
politieal subdivision-.
Refuse means all wastes (except body wastes) including, but not limited to, rubbish, tin cans,
papers, Christmas trees, cardboard, grass clippings, ashes, glass jars and bottles, and wood
normally resulting from the operation of households or business establishments, but not
including garbage, sod, dirt, rocks, cement, trees, leaves, hedge or tree trimmings, or anything
one person could not lift easily.
Residential garbage/yard sale means any sale conducted at a residential premises where the
property sold consists only of items owned by the owner or renter of the premises at which the
sale takes place or by friends of such owner or renter, and where the sale is conducted by the
owner of the premises or friends, not by an agent or any other person to whom a commission or
fee is paid.
Right-of-way means the property owned by the city for the construction and maintenance of
the roadway and the improvements of the roadside.
Ordinance No. 2440-13 -6-
Roller skating rink means any room, place, or space open to public patronage where facilities
are available for roller skating, wherein the public may participate, and at which admission may
be had by the public by payment, directly or indirectly, of any admission fee or price, including a
fee for membership in a club, the price of food, or payment for any other form of amusement
offered in or from licensed premises.
Safety manual means the current edition of the Temporary Traffic Control Zone Layouts
Field Manual being part of the Minnesota Manual on Uniform Traffic Control Devices
(MnMUTCD).
Sauna means any publie f4eility used for the purpose of bathing, reduraing or rel
tAilizing steam or Leat a a ..loaning., g. reducinor relaxing agent.
Self-service merchandising means open displays of tobacco, tobacco products, or tobacco
related devices where any person shall have access to the product without the assistance or
intervention of an employee of the premises maintaining the merchandising. Self-service
merchandising shall not include vending machines.
Sexually -oriented business means any limited impact sexually -oriented business or any high
impact sexually -oriented business.
Sexually -oriented materials means visual, printed or aural materials and other objects or
devices which:
(1) Contain, depict or describe specified sexual activities or specified anatomical areas;
(2) Are marked for use in conjunction with, or are primarily used only with or during the
specified sexual activities described in subsections (2), (3) or (6) of the definition of
Specialized sexual activities or as part of the binding, fettering, or other physical
restraint described in subsection (5) of the definition.
Solicitor means any person who goes from house to house, business to business, or any kind
of place to place movement for the purpose of soliciting or taking or attempting to take orders for
the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or
personal property of any nature whatsoever for delivery in the future, or orders for the
performance of maintenance or repair services in or about the home or place of business, such as
furnace cleaning, roof repair or blacktopping. It also means any person, except for a city resident
canvassing his or her neighborhood, who canvasses, solicits or calls from house to house for
contributions or support for any charitable, religious, civic, educational, philanthropic, social
service, welfare, or organization.
(Ord. No. 2381-10,4-30-10)
Solid waste means garbage, refuse, sludge from a water supply treatment plant or air
contaminant treatment facility, and other discarded waste materials and sludges, in solid,
semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and
agricultural operations, and from community activities, but does not include hazardous waste;
animal waste used as fertilizer; earthen fill, boulders and rock; sewage sludge; solid or dissolved
material in domestic sewage or other common pollutants in water resources, such as silt,
dissolved or suspended solids in industrial wastewater effluents or discharges which are point
sources subject to permits under section 402 of the federal Water Pollution Control Act, as
Ordinance No. 2440-13 -7-
amended, dissolved materials in irrigation return flows; or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended.
Solid waste collector means any person who shall offer to, or engage in the collection of
solid waste from any public or private institution, commercial establishment, or residential
dwelling located within the city.
Specified anatomical areas means:
(1) Less than completely and opaquely covered human genitals, pubic area, buttock, anus
or female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a state of sexual arousal, whether or not completely or
opaquely covered.
Specified sexual activities means:
(1) Actual or simulated sexual intercourse of any kind involving two humans, or one
human and an animal or object;
(2) Actual or simulated masturbation;
(3) Actual or simulated sadism or masochism;
(4) Actual or simulated sexual stimulation of any kind;
(5) Situations involving a person who is nude, clad in undergarments, or in a revealing
costume, and who is engaged in activities involving binding, fettering or other physical
restraint of that or another person; and
(6) Sexually -oriented touching of an animal by a human.
Speeial purpese pool means a pool intended to aeeanunadato a use other than normal
d' Th to "special purpose pool" dude but; not limited
orwading.
pools, pools used for watef thff apy, dedioated plunge pools, flume water slides and wave pe
Tannins equipment means ultraviolet or other lamas and equipment containing these lamps
intended to induce skin tanning through the irradiation of any part of the living human body with
ultraviolet radiation.
Tanning facility means a location, place, area, structure, or business or a part thereof which
provides consumers access to tanning equipment. The term "tanning facility' includes, but is not
limited to, tanning, salons, health clubs, apartments, or condominiums regardless of whether a
fee is charged for access to the tanning equipment.
Temporary outdoor retail sales means the outdoor sale of goods or merchandise to the
general public for personal or household consumption at a single location for less than 180 days,
excluding residential garage/yard sales.
Tobacco and tobacco products mean any substance or item containing tobacco leaf,
including but not limited to, cigarettes, cigars, pipe tobacco or chewing tobacco and other forms
of tobacco leaf prepared in such a manner as to be suitable for chewing, sniffing, or smoking.
Ordinance No. 2440-13 -8-
Tobacco related devices means any tobacco product as well as any pipe, rolling papers, or
other devices used in a manner which enables the chewing, sniffing, or smoking of tobacco or
tobacco products.
Tobacco vending machine means any type of device which dispenses tobacco, tobacco
products, or tobacco related devices upon the insertion of money, tokens, or other form of
payment directly into the machine.
Transient merchant means any person who engages in, does, or transacts any temporary and
transient business in this state, either in one locality, or in traveling from place to place in this
state, selling goods, wares and merchandise; and who, for the purpose of carrying on such
business, hires, leases, occupies, or uses a building, structure, vacant lot, or railroad car for the
exhibition and sale of such goods, wares and merchandise. The term "transient merchant' does
not include a seller or exhibitor in a firearms collector show involving two or more sellers or
exhibitors.
Ultraviolet radiation means electromagnetic radiation with wavelengths in air between 200
nanometers and 400 nanometers.
(Ord. No. 2181-00, § 4(16-102), 11-6-2000; Ord. No. 2198-01, § 1, 5-21-2001; Ord. No. 2381-
10, 4-30-2010; 2396-10, 3-1-2011)
Cross reference(s)--Definitions generally, § 1-2.
Secs. 8-2--8-30. Reserved.
Section 2. Section 8-231 of the St. Louis Park Code of Ordinances is amended to ready by
adding the underlined and deleting the strikethreugh language:
Subdivision X. Environmental Emissions
Sec. 8-231. License required.
No person shall own, operate or maintain any of the following equipment or perform any of
the following processes, which discharges a smoke, particulate, chemical or odor into the
atmosphere, without first obtaining an environmental emissions license from the city:
(1) Paint spray booths;
(2) Drycleaning;
(3) Smelters;
(4) Dip tanks; or
(5) Material processing and manufacturing operations.
(Ord. No. 2181-00, § 4(16-303A.), 11-6-2000)
Sec. 8-232. Regulations adopted.
Ordinance No. 2440-13 -9-
All environmental emissions licensees shall comply with environmental emissions standards
as set forth in section 12-1 of this Code.
(Ord. No. 2181-00, § 4(16-303B.), 11-6-2000)
Sec. 8-233. Inspections.
The city shall inspect potential air pollution control equipment as frequently as may be
necessary to ensure compliance with this subdivision, whether such equipment is licensed or not.
(Ord. No. 2181-00, § 4(16-303C.), 11-6-2000)
Sec. 8-234. Access to premises and records.
The person in charge of operating air pollution control equipment on the licensed premises,
or allowing or causing the emission of air contaminants shall, upon request of the cithealth
autherify citty, permit access to all parts of the area, at any reasonable time, for the purpose of
inspection of such equipment, and shall exhibit and allow copying of any records relating to
air pollution control which are necessary to determine compliance with this subdivision. If access
to such areas or records shall be denied, the health city shall obtain a search warrant
before continuing such inspection.
(Ord. No. 2181-00, § 4(16-303D.), 11-6-2000)
Sec. 8-235. Removal and correction of violations.
(a) All environmental emissions licensees receiving a report from the city notifying the
licensee of one or more violations of this subdivision shall correct or remove each such violation
within the length of time set by the eit`'s hea th autho t` cam. The length of time for the
correction or removal of each such violation shall be stated on the inspection report. The failure
to remove or correct each such violation within the time period noted on the inspection report
shall constitute a separate violation of this subdivision.
(b) The eit`'s 'hely` autho~t" city may require installation of auxiliary combustion facilities
in order to meet the requirements of this subdivision relating to emission of air contaminants.
(c) If the environmental emissions licensee fails to make corrections of violations noted in
the '`ea'� authors city's inspection report within the time specified in the inspection report,
the eit`ls health „„tw..^t' c� may prevent further operation of any equipment required to be
licensed under this subdivision by affixing a seal to such equipment. No person shall operate
equipment sealed by the eit..'s leaph autho t.. Com, and no person shall remove such seal from
any equipment, except under the direction of the city's health "thor ty city.
(Ord. No. 2181-00, § 4(16-303E.), 11-6-2000)
Sec. 8-236. Temporary suspension of license.
The it`'s hea4th autw,._.t., cam, with the approval of the city manager, may immediately
suspend the environmental emissions license of any person for the violation of any terms of this
subdivision involving an immediate and serious public health hazard. Upon notification by the
health author -it) city of a temporary suspension of an environmental emissions license by posting
of the inspection report at the licensed facility, the licensee shall immediately cease operation of
Ordinance No. 2440-13 -10-
the licensed facility. The licensee may appeal from the order of temporary suspension in writing
to the city council as provided under this chapter. On the date of suspension of the environmental
emissions license, the eit•'s health autho city shall send by certified mail to the licensee
named in the environmental emissions license a notice that such license has been temporarily
suspended and shall advise the licensee of his right to appeal.
(Ord. No. 2181-00, § 4(16-303F.), 11-6-2000)
Sec. 8-237. Interference with or hindrance of a ty's health autharit., ci .
No person shall interfere with or hinder the e tys health autho ' citLin the performance of
the raity health authori city's duties under this subdivision or the laws of the state, nor prevent
the performance of the health authority's duties.
(Ord. No. 2181-00, § 4(16-303G.), 11-6-2000)
Secs. 8-238--8-255. Reserved.
Section 3. Section 8, Subdivision IV of the St. Louis Park Code of Ordinances is amended to
read by deleting the striketbf ou language:
•
.=.a .
... • . .• .
.. •
Ordinance No. 2440-13 -11-
(Ord. No. 2181-00, § 4 (16-304B.), 11-6-2000; Ord. No. 2198-01, § 2, 5-21-2001 Ord. No. 2332-
07, 07-13-2007; Ord. No. 2361-08, 1-1-2009; Ord. No. 2381-10, 04-30-2010)
(a) All food and beveFage establishments, mobile food veMsle, and food vanding fflaohines
lieensed under this subdk4sion shall eomply with the eity's food eodo as set fefth in seetion
o f this Code.
(Ord. No. 2181-00, § 4(16-304C.), 11-6-2000; Ord. No. 2198-01, § 2,5-21-2001; Ord. No. 2246-
03, 8-18-03; Ord. No. 2346-07,12-28-07; Ord. No. 2381-10, 04-30-2010)
Secs. 8-259--8-275. Reserved.
Section 4. Section 8, Subdivision V of the St. Louis Park Code of Ordinances is amended to
read by adding the underlined language deleting the stril ethrou language:
Subdivision V. Publie o, i FaeifitiesTannineFacilities
Sec. 8-276. License required.
(a) No person shall own, operate, maintain, lease or be responsible for any public, sa nitary
tanning facility without a r u' ar— -tanning facility license issued by the city. No license
required for private resid-anti a] qwimming pools.
(b) O 1.1' sanitaFy ty aissuedsingle aF '1'license ., be to a gllicant for multiple publie
applicant
sanitary farilities whieh are regulated under this subdivision whieh are loeate within a single
buildingoF a1 tract F land when the awner of .,11 of the facilities s the
MEMM"MMMM ...
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TATAIWA�2=11
(a) All food and beveFage establishments, mobile food veMsle, and food vanding fflaohines
lieensed under this subdk4sion shall eomply with the eity's food eodo as set fefth in seetion
o f this Code.
(Ord. No. 2181-00, § 4(16-304C.), 11-6-2000; Ord. No. 2198-01, § 2,5-21-2001; Ord. No. 2246-
03, 8-18-03; Ord. No. 2346-07,12-28-07; Ord. No. 2381-10, 04-30-2010)
Secs. 8-259--8-275. Reserved.
Section 4. Section 8, Subdivision V of the St. Louis Park Code of Ordinances is amended to
read by adding the underlined language deleting the stril ethrou language:
Subdivision V. Publie o, i FaeifitiesTannineFacilities
Sec. 8-276. License required.
(a) No person shall own, operate, maintain, lease or be responsible for any public, sa nitary
tanning facility without a r u' ar— -tanning facility license issued by the city. No license
required for private resid-anti a] qwimming pools.
(b) O 1.1' sanitaFy ty aissuedsingle aF '1'license ., be to a gllicant for multiple publie
applicant
sanitary farilities whieh are regulated under this subdivision whieh are loeate within a single
buildingoF a1 tract F land when the awner of .,11 of the facilities s the
MEMM"MMMM ...
Ordinance No. 2440-13 -12-
Nr.rw
(Ord. No. 2181-00, § 4(16-305B.), 11-6-2000)
smli ng pool Vales 12 1 of this Code.
11 . • 1 11-6-2000)
Sec. 8-279. Tanning facilities.
Licensees under this subdivision operating tanning facilities must comply with health, safety
and building regulations of the city and the requirements set forth in M.S.A. §§
325H.01 --325H.09.
(Ord. No. 2181-00, § 4(16-305D.), 11-6-2000)
Secs. 8-280--8-295. Reserved.
Section 5. Section 8, Subdivision VII of the St. Louis Park Code of Ordinances is amended
to read by deleting the strikethfou language:
Ordinance No. 2440-13 -13-
Section 6. Section 8, Division 4. Temporary Uses, Subdivision II of the St. Louis Park Code
of Ordinances is amended to read by deleting the strikethfougk language:
• .. . ._ ATATA�AM MM
Secs. 8-515--8-530. Reserved.
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• .. . ._ ATATA�AM MM
Secs. 8-515--8-530. Reserved.
Ordinance No. 2440-13 -14-
Section 7. Section 12, Article I. of the St. Louis Park Code of Ordinances is amended to read
by adding the underlined language deleting the striketItou language:
Chapter 12
ENVIRONMENT AND PUBLIC HEALTH*
Article I. In General
See. 12-1. E4iN4-onmenta' er:r .... V -S, r.Fi.
Definitions.
See. 12-2. Environmental and public health regulations adopted by reference.
Sec. 12-3 Private residential pools.
Secs. 1244-42-30. Reserved.
Sec.12-1. Environmental and public health regulations adopted by reference. Definition
Private residential pool means a nool connected with a single-familv residence or owner -
occupied duplex, located on private property under the control of the homeowner, the use of
which is limited to familv members or the familv's invited guests. A nrivate residential pool is
not a pool used as part of a business
Sec. 12 -2. -Private residential pools Environmental and public health regulations adopted
by reference.
(a) Air quality environmental emissions. The city adopts and incorporates by reference the
air emissions standards adopted by the air quality division of the state pollution control agency as
Minnesota Rules Chapters 7011 and 7023, as amended. A copy of the regulations, together with
any applicable amendments, shall be marked "St. Louis Park --Official Copy" and shall be kept
on file in the office of the city clerk and open to inspection and use by the public.
Ordinance No. 2440-13 -15-
See. 12-2 3. Private residential pools.
(a) Scope. The requirements of this section shall apply to all private residential swimming
pools, wading pools, hot tubs, or spas having a potential water depth greater than 24 inches at
any point, and either a surface area exceeding 250 square feet or a potential water volume of over
3,250 gallons.
(b) Permit required. No person may install, construct, move, or alter a private residential
swimming pool, wading pool, hot tub, or spa without first obtaining a permit.
(c) Fees. The applicant for a pool permit must pay the appropriate fee for the type of pool
installation or construction requested. Such fee shall be set from time to time by the city and a
schedule of such fees is listed in appendix A to this Code.
(d) Requirements.
F
P.1
li
E
See. 12-2 3. Private residential pools.
(a) Scope. The requirements of this section shall apply to all private residential swimming
pools, wading pools, hot tubs, or spas having a potential water depth greater than 24 inches at
any point, and either a surface area exceeding 250 square feet or a potential water volume of over
3,250 gallons.
(b) Permit required. No person may install, construct, move, or alter a private residential
swimming pool, wading pool, hot tub, or spa without first obtaining a permit.
(c) Fees. The applicant for a pool permit must pay the appropriate fee for the type of pool
installation or construction requested. Such fee shall be set from time to time by the city and a
schedule of such fees is listed in appendix A to this Code.
(d) Requirements.
Ordinance No. 2440-13
-16-
(1) All new equipment purchased or installed on any swimming pool shall comply with the
National Sanitation Foundation Listings for Swimming Pools, Spas, and Hot Tubs,
when applicable. Equipment not covered by the standard must be preapproved by the
city.
(2) Pool use is limited to swimming or bathing by the family or their invited guests.
(3) Fencing a minimum of four feet high from grade or other acceptable barrier, including
but not limited to walls or buildings, providing equivalent restriction of access shall be
provided to positively control all access to private swimming pools. Fencing shall be
without handholds or footholds that would enable a child to climb over it and shall
include gates at least four feet in height equipped with self-closing and self -latching
apparatus capable of being locked. Openings in the gates or fence shall not allow a
four -inch sphere to pass through. Maximum openings under gate and fences shall not
exceed two inches.
(4) Water depth shall be plainly marked at or above the water surface on the vertical pool
wall or on the edge of the deck or walk next to inground pools. Depth markings shall be
located at the minimum and maximum points, at the points of change of slope between
the deep and shallow portions of the pool, and at intermediate increments of depth
spaced not more than 25 feet between markers.
(5) Decking at least three feet wide, measured from the pool water's edge, shall be
provided and shall extend completely around inground pools. Aboveground pools may
be provided with decking a minimum of four feet by four feet at the pool entry points
provided the decking complies with the building code. A self-closing and self -latching
gate shall be installed at the top or bottom of the stairs. Openings in the gate or fence
shall not allow a four -inch sphere to pass through. Maximum openings under gates and
fences shall not exceed two inches.
(6) All residential private pools with a depth greater than five feet shall be provided with
an outlet at the deepest point to permit the pool to be completely emptied and to
provide adequate circulation. The outlet opening shall be covered by grating which is
securely fastened and not readily removable by bathers. Outlet openings in the floor of
the pool shall be at least four times the area of the discharge pipe or provide sufficient
area so the maximum velocity of water passing through the grate will not exceed 1 1/2
feet per second. The maximum width of the grate openings shall be one-half inch. An
antivortex type drain may be used in lieu of grating.
(7) No person shall operate, maintain, or permit any swimming pool that creates a nuisance
by annoying, injuring, or endangering the safety, health, comfort or repose of the
public. The city shall have access to inspect all pools and equipment as deemed
necessary to enforce the provisions of this Code. When a private swimming pool is
deemed to be in such condition that endangers the health, safety or welfare of the
public, the health authority may immediately close the pool and post a placard stating
the closure. No one may remove the placard except the health authority.
Sees. 12-3-4--12-30. Reserved.
Ordinance No. 2440-13 -17-
SECTION 9. This Ordinance shall take effect May 31, 2013.
First Reading
Aril 15, 2013
Second Reading
May 6, 2013
Date of Publication
May 16, 2013
Date Ordinance takes effect
May 31, 2013
MEDIA
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) Ss.
COUNTY OF HENNEPIN )
Jeremy Bradfield, being duly sworn on an
oath, states or affirms that he is the
Advertising Director of the newspaper(s)
known as
St. Louis Park Sun -Sailor
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B)The printed public notice that is at-
tached was published in said newspa-
per(s) once each week, for one suc-
cessive week(s); it was first published on
Thursday, the 16 _ day of
May , 2013, and was there-
after printed and published on every
Thursdayto and including Thursday, the
day of , 2013;
and printed below is a copy of the lower
case alphabet from A to Z, both inclu-
sive, which is hereby acknowledged as
being the size and kind of type used in
the composition and publication of the
notice:
abcdefghijklmnopgrstuvwxyz
BY:
It Advertising Director
Subscribed and sworn to or affirmed
before me on this 16 day of
May .1 2013.
Notary Public
�� JULIA I. HELKENN
,��� N�TARV PUB �C•MINNESOTA
K., +S' M Comn1. Fac Jan.31, 2015
ea�rw
City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE NO. 2440 -13
AN ORDINANCE AMENDING THE
ST. LOUIS PARK CODE OF
ORDINANCES CHAPTERS 8,
SUBDIVISIONS IV, V, AND VII; AND
CHAPTER 12, ARTICLE 1.
The ordinance amends the St. Louis
Park Code of Ordinances relating to
food and beverage establishments,
lodging establishments, public sanitary
facilities, and environmental and public
health. This ordinance shall take effect
15 days after publication.
Adopted by the City Council May 6,
2013
Jeffrey W. Jacobs /a/
Mayor
A copy of the full text of this ordinance
Is available for inspection with the City
Clerk
Published In St. Louis Park Sailor: May
16,2013
(May 16, 2013)A3-Ord2440-13
RECEIVED
MAY 2 0 2013
OF THE CITY