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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 Ordinance 2024-08 Page 2 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. Ordinance 2024-08 Page 3 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. Ordinance 2024-08 Page 4 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. Ordinance 2024-08 Page 5 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. Ordinance 2024-08 Page 6 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 Ordinance 2024-08 Page 7 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