CR 08-080 First Reading Ordinance Amending City Code Section 830, Parks, Recreational and Passive Areas~~TY OF
y~PKINS
August 26, 2008 Council Report 2008-080
First Reading
Ordinance Amending City Code Section 830, Parks, Recreational and Passive Areas
Proposed Action.
Staff recommends adoption of the following motion: Move that City Council adopt for
first reading Ordinance 2008-1003, amending City Code section 830
Overview.
Staff proposes that City Council amend the existing City Code Section 830, Parks,
Recreational and Open Spaces to expressly prohibit the use of insecticides or
herbicides in City parks without written permission by the City.
This past July 4 the Interlachen neighborhood association sprayed for mosquito control
at Interlachen Park prior to their annual Independence Day picnic event. Subsequently,
we received a complaint from a resident adjacent to the park that they hadn't received a
notice of the spraying, were concerned as to what was sprayed and that requirements
of State Law weren't followed.
Staff believes that this incident points out a need for greater City controls to ensure City
approval is obtained before private associations apply pesticides/insecticides within City
parks.
Primary Issues to Consider.
• What does State Law require when applying chemicals for mosquito control
1) There are no practicable and effective alternative means of control
2} The pesticide is among the least toxic available for control
3} Notification of residents in the area to be treated is provided at least 24 hours
before application
Supporting information,
• Ordinance 200. 1003
~.._~_ .
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Steven J. Stadler, Public Works Director
Financial Impact: $ Budgeted: YIN _ _Source:
Related Documents (CIP, ERP, etc.}:
Notes:
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE N0.2008-1003
AN ORDINANCE AMENDING CITY CODE SECTION 830 PARKS, RECREATIONAL AND
PASSIVE AREAS, AS DESCRIBED
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
830.03. Park rules.
Subd. 6 Application of Chemicals. It is unlawful for any erson to apply or
release a herbicide, insecticide or toxic chemical in a park without first obtainin
written approval for tl-~e City Manager or disignee, which approval may be sub'ect to
such conditions as the City Manager or designee shall impose. Written approval is
not required for personal use of insect repellent spray or lotion_app~ ied directly to
the skin or clothing. (Amended Ordinance ~00~-10031
First Reading;
Second Reading:
Date of Publication:
Date Ordinance takes effect:
ATTEST:
Terry Obermaier, City Clerk
September 2, 2008
September 16, 2008
September 25, 2008
September 25, 2008
Eugene J. Maxwell, Mayor
APPROVED AS TO FORM AND LEGALITY;
City Attorney Signature
Date
1
Hopkins City Code
(Rev. Sept 98) 830.01
Section 830 - Parks, Recreational and Passive Areas.
830.01, Definitions. Subdivision 1. For purposes of this section the terms
defined in this subsection have the meanings given them.
Subd. 2. "Park director" or "director" means the person appointed by
the manager immediately in charge of any park area and its activities, and to
whom all park attendants of such area are responsible. The director is
responsible for the enforcement of this section.
Subd. 3. "Park" means an open or enclosed space, area, or facility
wherever located which is (i) owned, operated or controlled by the city or
(ii) located within the city, but owned, operated or controlled by another
political subdivision which space is reserved, designated or used for or as
a playground, picnic area, school ground, beach, park, arena, concession,
playing field or court, structure or building and devoted, designated or
intended for active or passive recreation; the term includes parking lots,
paths or roadways appurtenant to or used therewith and further includes the
definition of "Passive Open Space" as defined in Subd. 4.
Subd. 4. "Passive Open Space" means an open space designated or
intended only for passive recreation activities such as walking paths and the
observation of wildlife.
Subd. 5. "Vehicle" means a wheeled conveyance, whether motor powered,
animal-drawn, or self-propelled; the term includes any trailer in tow of any
kind and snowmobiles, but not city, state or state-authorized vehicles.
830.03. Park rules. Subdivision 1. Disfiguration and removal. It is
unlawful for a person to mark, deface, disfigure, injure, tamper with, or
displace or remove, any buildings, bridges, tables, benches, fireplaces,
railings, paving or paving material, water line or other public utilities or
parts or appurtenances thereof signs, notices or placards, whether temporary
or permanent, monuments, stakes, posts or other boundary markers, or other
structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
Section 830 1
Hopkins City Code
(Rev. Sept 98) 830.03, Subd.2
Subd. 2. Restrooms or washrooms. It is unlawful for a person to fail
to cooperate in maintaining restrooms and washrooms in a neat and sanitary
condition. No person over the age of four years shall use the restrooms and
washrooms designated for the opposite sex.
Subd. 3 Removal of nature resources. It is unlawful for a person to
dig, or remove any beach sand, whether submerged or not, or any soil, rock,
stones, trees, shrubs or plants, down-timber or other wood or materials or
make any excavation by tool, equipment, blasting or other means or agency.
Subd. 4 Injury and removal. It is unlawful for a person to damage,
cut, carve, transplant or remove any tree or plant or injure the bark, or
pick the flowers or seeds of any tree or plant, nor shall any person attach
any rope, wire, or other contrivance to any tree or plant. A person shall
not dig in or otherwise disturb grass areas or in any other way injure or
impair the natural beauty or usefulness of any area.
Subd. 5 Huntin It is unlawful for a person to (i) hunt, molest,
harm, frighten, kill, trap, chase, tease, shoot or throw objects at an
animal, reptile or bird; (ii) to remove or have in his possession the young
of any wild animal, or the eggs or nest, or young of any reptile or bird.
Subd. 6 Application of Chemicals. It is unlawful for any person to
apply or release a herbicide, insecticide or toxic chemical in a park without
first obtaining written approval for the City Manager or disignee, which
approval may be subject to such conditions as the City Manager or designee
shall impose. Written approval is not required for personal use of insect
repellent spray or lotion applied directly to the skin or clothing.
Subd. 7 Other rules. In a park no person shall:
(Amended by Ord 2008-1003)
a) give or offer, or attempt to give to any animal or bird any
tobacco, alcohol or other known noxious substance;
b) go on foot or otherwise upon the grass or turf of any park where
any prohibitory sign is posted;
c) throw or cast any stone or other objects; or
d) have in possession bottles or similar glass objects other than
binoculars and eyeglasses.
830.05. Sanitation. Subdivision 1. Pollution of waters. It is unlawful
for a person to throw, discharge or otherwise place or cause to be placed in
the waters of any fountain, pond, lake, stream, bay or other body of water in
or adjacent to any park or any tributary, stream, storm sewer, or drain
flowing into such waters, any substance, matter or thing, liquid or solid,
which will or may result in the pollution of said waters.
Subd. 2. Refuse and trash. It is unlawful for a person to dump, deposit or
leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish,
waste, garbage or snow, refuse, or trash in a park except in proper
Section 830 2