HomeMy WebLinkAboutCity Council Ordinance 2024-08CITY OF PLYMOUTH
ORDINANCE N0. 2024-08
ORDINANCE AMENDING CHAPTERS 6, 8, 13, AND 20
OF THE PLYMOUTH CITY CODE (2024003)
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Amendment of City Code.Section 600.14 of the Plymouth City Code (GARBAGE AND
RUBBISH DISPOSAL-Storage of Solid Waste and Recycling Containers; Point of Collection.), is hereby
amended,with existing text and new text as follows:
Section 600.14—Storage of Solid Waste and Recycling Containers; Point of Collection.
Solid waste containers and recycling containers, herein referred to as containers, shall be kept
in or next to the garage of the home or if no garage is present, directly behind or next to the
rear or side of the home at all times other than the time of collection. On properties with an
exterior dumpster enclosure, all containers shall be stored in the enclosure at all times other
than the time of collection. On properties with an internal enclosure, all containers shall be
stored in the building at all times other than the time of collection. Collection of garbage,
rubbish,yard waste, and recyclables through the recycling collection service contract or
through a licensed collector will occur at curbside and alley locations, herein referred to as the
point of collection. Containers will be kept clean and maintained such as to prevent harborage
of animals, insects, and other vermin. Each container shall be provided with a bail or handles
and a tight fitting cover. Containers shall be placed at the point of collection in a manner that
prevents containers from overturning. Containers shall not be placed for collection in a
manner that impedes access to, maintenance of, or usage of the public roadways. Containers
shall be placed at the point of collection no more than 24 hours before collection, and
containers may not be left at the point of collection, for more than 24 hours after collection.
Section 2. Amendment of City Code.Section 807 of the Plymouth City Code (VEGETATION
MANAGEMENT), is hereby amended,with existing text,deleted text,and new text as follows:
Section 807.—Vegetation Management
Section 807.01.—Purpose and Intent.
The purpose and intent of this Section is to establish minimum standards for vegetation
management while recognizing a variety of landscapes within a community adds diversity and
richness to the quality of life for all residents. Managed turf grass lawns are recognized as the
dominant feature in the landscape, while the benefit from the variety, beauty, and practical
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value of diverse landscapes is also recognized.The City seeks to encourage each property
owner to create and sustain their property in a state of good health and vigor, as opposed to
one of neglect. It is the intent of this ordinance to require vegetated areas to be managed in
ways that do not adversely affect human health or safety, or pose a threat to turf grass or
landscape establishment.
Section 807.02—Definitions.
The following words and terms, wherever they occur in this Section, shall be interpreted as
herein defined:
Noxious Weeds means and includes an annual, biennial, or perennial plants that the
Commissioner of Agriculture has designated as Prohibited Eradicate and/or Prohibited Control
to be injurious to public health, the environment, public roads, crops, livestock, or other
property pursuant to Minnesota Statutes §4-8,79 18.71 and 18.77 Subdivision 8.
Nuisance Vegetation means and includes noxious weeds, prohibited plants, rank vegetation,
lines on a roadway,trail, or sidewalk.
Prohibited Plants means and includes: articum minus (common burdock); amuranthus
retroflexus (pigweed); rumex crispus (curly dock); abutilon theophrasti (velvetleaf); ambrosia
spp (ragweed); kochia scoaria (kochia); melilotus officianalis (sweetclover); chenopodium
album (lambs quarter); barbarea vulgaris (yellow rocket); and erassica kaber(wild mustard).
For the purposes of this Section, taraxacum spp (common dandelion) or glechoma hederacea
creeping charlie) are not considered to be prohibited plants.
Property means and includes the land lying within the boundary of a lot or parcel,together
with directly abutting boulevards (roadway rights-of-way) and directly abutting trail or
sidewalk outlots. For purposes of this Section, if an abutting trail or sidewalk outlot lies
between and abuts a roadway, the term "property" shall include the trail or sidewalk outlot
and boulevard area extending to the nearest edge of the roadway, and if such abutting trail or
sidewalk outlot abuts another property,the term "property" shall include the trail or sidewalk
outlot area extending to the nearest edge of the trail or sidewalk.
Rank Vegetation means and includes uncultivated vegetation that generally grows at a rapid
rate and is planned, unintentional, or accidental. Rank vegetation does not include native
buffers along wetlands, streams, and lakes.
807.03.—Vegetation Length.
Except where native landscapes are allowed under Section 811 of this Chapter and except on
property zoned FRD (future restricted development), the length of turf grass and/or rank
vegetation may not exceed eight inches.
807.04.—Nuisance VegetationNoxious Weeds.
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Nuisance vegetation is Noxious weeds are prohibited. Property owners are responsible for
eradication, removal,trimming,and/or maintenance of nuisance vegetation noxious weeds and
tall turf grass on their property,as defined in this Section.
807.05. - Notification Procedure.
If a property,as defined in this Section, contains nuisance vegetation,the City shall notify the
property owner by sending a letter by first class mail to the property owner or posting a notice
on the property.The notice shall include pertinent information regarding the nature of the
violation, method of correction and a deadline for correcting the violation.
807.06. -Corrective Action by City.
If the owner of any property fails to comply with a notice, as provided for by Subd. 807.05, the
City may issue the property owner a citation.
807.07.—Hardship and Appeal
Property owners shall be exempt from the requirements of this section if, as a result of
circumstances beyond their control,the property owner is prevented from controlling the
height of turf grass and/or rank vegetation on their property because of a hardship. A
property owner may apply in writing to the Park and Recreation Director for a hardship
determination. Hardship means that because of greater than 3:1 steep slopes or standing
water it is not feasible to maintain the area safely.The Park and Recreation Director shall
review the property and determine whether a hardship exists.The decision of the Park and
Recreation Director may be appealed by the property owner to the Council by filing a written
appeal within ten days of the Park and Recreation Director's decision.
Section 3. Amendment of City Code. Section 811 of the Plymouth City Code (NATIVE
LANDSCAPES), is hereby amended,with existing text,deleted text, and new text as follows:
811.01. - Purpose and Intent.
Native landscapes can add to the richness and quality of life in the community.They can reduce
the need for lawn irrigation and chemical treatments, provide habitat for diverse plant and
animal species, and provide food for residents.The purpose and intent of this Section is to
recognize and encourage variety in landscapes,which includes but is not limited to, preservation
or re-creation of natural areas and provision of diversity in plantings.
811.02. - Definition of Native Landscapes.
Public or privately-owned areas set aside to preserve, enhance, or re-create natural
characteristics and ar as planted with native or food producing species defined as a
managed natural landscape" in Minnesota Statutes§412.925.
811.03.- Rules.
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Subd. 1. Native landscapes shall not exceed 50 percent of the vegetated yard ar as of private
properties.
Subd. 2. A minimum of eight feet of maintained arca (i.e., sod or mulch) is required between
native landscapes on private properties and any roadway, sidewalk, trail, or lot line.
Subd. 3. Compliance shall be met with Section 807 (vegetation management) of this Code.
811.04. Duration.
if the City determines that a property owner is not meeting the requirements outlined in this
Section, at the owner's expense, the native landscape shall be removed and the subject
area(s) shall be sodded or seeded with typical perennial lawn grass (such as Kentucky
bluegrass) that is mowed in compliance with Section 807.03 of this Chapter.
Section 4. Amendment of City Code. Section 1315 of the Plymouth City Code, Chapter XIII
TRAFFIC, MOTOR VEHICLES AND OTHER VEHICLES-SALE OF UNCLAIMED MOTOR VEHICLES), is hereby
amended,with existing text,deleted text, and new text as follows:
1315.01. -Abandoned Motor Vehicle Law Adopted by Reference.
Minnesota Statutes,Sections 1686.01 through 1686.10, as amended, is hereby adopted by
reference and is as much a part of this Code as if fully set forth herein.A violation of the statutes
adopted herein by reference is a violation of this Code.
1315.03. - Definitions.
The following definitions shall apply in the interpretation and enforcement of this Section.
Property means any real property within the City which is not a street or highway.
Street or highway means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of vehicular
travel.
1315.05. - Parking or Abandonment of Junk Cars Vehicles Prohibited.
Subd. 1. General Rule. No person shall park, keep, place, store or abandon any Junk Car or
Vehicle on a public Street, Highway, roadway or alley within the City.
Subd. 2. Time Limit. No person in charge or control of any property within the City, whether
as owner, tenant, occupant, lessee or otherwise, shall allow any Junk Car Vehicle to
remain on such property longer than 96 hours and no person shall leave a Junk Car
Vehicle on any Property within the City for a longer period than 96 hours.
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Subd. 3. Exceptions. This Section shall not apply to the following:
A. To a Vehicle in an enclosed building.
B. To a Vehicle on the premises of a business enterprise operated in a lawful place
and manner, when necessary to the operations of such business enterprise.
C. To a Vehicle in an appropriate storage place or depository maintained in a lawful
place and manner by the City or its agents.
Section 1315.07. - Impounding of Junk Ears Vehicles.
Subd. 1. Police Duties.The Director of Public Safety is hereby authorized to remove or have
removed any Vehicle left at any place within the City which reasonably appears to
be in violation of this Section or is lost, stolen or unclaimed.
Subd. 2. Impounding.The impounding of such Vehicle shall be in accordance with the
provisions of this Section.
Section 5. Amendment of City Code. Section 2020.07 of the Plymouth City Code (Shade Tree
Diseases), is hereby amended,with existing text,deleted text, and new text as follows:
Subd. 1. Nuisances Declared.The following things are public nuisances whenever they may
be found within the City:
A. Any living or standing elm tree or part thereof infected to any degree with the
Dutch elm disease fungus Ophiostoma Nova-Ulmi of Ophiostoma Ulmi or which
harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or
Hyluigopinus Rufipes (Marsh).
B. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or
other elm material from which the bark has not been removed and burned or
sprayed with an effective elm bark beetle insecticide.
C. Any living or standing oak tree, or part thereof infected to any degree with oak
wilt disease.
D. Any tree or shrub which in the opinion of the Forester, has become or threatens
to become a hazard so as to adversely affect the public safety, whether such tree
or shrub shall be on public or private property.
E. Any insect and/or pest that threatens the health of the shade trees, including,
but not limited to, the Gypsy Spongy Moth a 4, Asian Long-Horned Beetle
horned beetle, and Emerald Ash Borer borer.
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Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as defined in
Subdivision 1 to remain on any premises owned or controlled by that person within
City limits. Such nuisances may be abated in the manner prescribed by this Section.
Section 6. Amendment of City Code. Section 2025.05 of the Plymouth City Code (NOISE—
Hourly Restriction on Certain Operations), is hereby amended,with existing text,deleted text,and new
text as follows:
Subd. 3. Refuse Hauling and Recycling Collection. No person shall collect or remove garbage,
compost, or refuse or collect designated recyclables in any residential district, nor on any
parcel directly abutting any residential district, except between the hours of 7:00 a.m. and
10:00 p.m.
2025.05. - Hourly Restriction on Certain Operations.
Subd. 1. Recreational Vehicles and Snowmobiles. No person shall, between the hours of 10:00
p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational vehicle not
licensed for travel on public highways.
Subd. 2. Domestic Power Equipment. No person shall operate a power lawn mower, power
hedge clipper, chain saw, mulcher, garden tiller,edger, leaf blower/vacuum, drill or
other similar domestic power maintenance equipment except between the hours of
7:00 a.m. and 10:00 p.m.
Subd. 3. Refuse Hauling and Recycling Collection. No person shall collect or remove garbage,
compost,or refuse or collect designated recyclables in any residential district, nor on
any parcel directly abutting any residential district,except between the hours of 7:00
a.m. and 10:00 p.m.
Subd.4. Construction, Maintenance and Repair Activities. No person shall engage in or permit
construction, maintenance and repair activities involving the use of any kind of
electric, diesel or gas-powered motor vehicles or machine or other power equipment
except between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday and
8:00 a.m.and 9:00 p.m. Saturday, Sunday, and holidays (New Year's Day, Memorial
Day, Fourth of July, Labor Day,Thanksgiving, and Christmas).
Subd. 5. Exceptions.The following uses and activities are exempt from this Section as specified
below:
A. Snow removal motor vehicles, equipment and operations are exempt from Section
2025.05, Subd. 2, and Section 2025.05, Subd.4.
B. Equipment and vehicles used for maintenance of public or private golf courses,
public and private driving ranges, ice skating rinks on public property, and ski trail
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grooming on public property are exempt from the hourly restrictions of Section
2025.05,Subd. 1, Subd. 2, and Subd.4.
C. Golf carts for use on public or private golf courses are exempt from Section
2025.05, Subd. 1 and Subd. 4.
D. Routine testing and maintenance of emergency back-up generators shall comply
with Section 2025.05, Subd. 2. Emergency back-up generators operated during
power outages are exempt from Section 2025.05, Subd. 2.
E. Sanitary sewer cleaning performed by the City, Metropolitan Council,or their
agents is exempt from Section 2025.05, Subd.4.
F. Public projects lasting five days or fewer and performed by a governmental agency
or their agents are exempt from Section 2025.05,Subd. 4.
Section 7. Effective Date.This amendment shall take effect immediately upon its passage.
ADOPTED by the City Council on this 26th day of March, 2024.
Jeffry Wosje, Mayor
ATTEST:
Amy ttschalk, Deputy City Clerk