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Home My WebLink About1994-06 02-14 CCOTHE CITY FOLLOWS: City of manner: CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of February 1994, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 7 of the City Ordinances regarding insurance requirements for refuse haulers and licensing provisions relating to public swimming pools and lodging establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 94 -06 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING INSURANCE REQUIREMENTS FOR REFUSE HAULERS AND LICENSING PROVISIONS RELATING TO PUBLIC SWIMMING POOLS AND LODGING ESTABLISHMENTS COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS Section 1. Chapter 7 of the City Ordinances of the Brooklyn Center is hereby amended in the following Section 7 -103. REFUSE HAULERS REGULATIONS. Subdivision 4. Insurance. Applicants for licenses or renewals of licenses must [file with each application a copy of an insurance policy or policies and an endorsement, under which there is coverage as to each vehicle to be used for loss or damage to persons in the amount of $100,000 for each person and $300,000 for each accident; and for loss or damage to property in the amount of $50,000. Every such policy must provide that it may not be cancelled or terminated for any reason without at least 10 days' prior written notice being given to the municipality.] maintain the following minimum insurance: 1. Commercial Automobile Liability Insurance Covering All Owned, Hired, and Nonowned Automobiles Limits of Liability a. Combined Single Limits $500,000 each occurrence; or b. Bodily Injury $100,000 each person, $500,000 each occurrence; and c. Property Damage $50,000 each occurrence ORDINANCE NO. 94 -06 In the event applicants for licenses use refuse collection bins furnished for their clients, then the following additional coverage is necessary: 1. Commercial Liability Insurance Covering All Operations and Completed Operations Limits of Liability a. Combined Single Limits $500,000 each occurrence, $500,000 aggregate; or b. Bodily Injury $100,000 each person; and c. Property Damage $500,000 each occurrence Coverage is to be provided by an Insurance Carrier who holds a Certificate of Authorization (licensed) with the State of Minnesota. Evidence of such insurance shall be in the form of a Certificate of Insurance, ACORD form, or similarly approved form. The Certificate shall require that the City be furnished thirty (30) days prior written notice of any cancellation, nonrenewal, or major revision. Such Certificate shall be in the hands of the City Clerk prior to any issuance of license. It is expressly understood that this insurance and these limits are for the City's requirements only and do not represent the complete coverage the licensee should carry. [ESTABLISHING RULES AND REGULATIONS AND LICENSING PROVISIONS RELATING TO PUBLIC SWIMMING POOLS Section 7 -201. MINNESOTA DEPARTMENT OF HEALTH REGULATIONS ADOPTED AS LAW. Subject to any specific modifications hereinafter set forth, the municipality hereby adopts by reference Minnesota Regulation MHD 115 as contained in the document entitled "Rules and Regulations of the Minnesota Department of Health Relating to Public Swimming Pools adopted August 4, 1971, filed with the Secretary of State August 2, 1971, and filed with the State Department of Administration August 4, 1971, including all subsequent amendments thereto. Three copies of such regulation shall be filed and available for inspection in the office of the city clerk. Reference in MHD 115 to board or board of health shall be replaced by city health authority. Section 7 -202. LICENSE REQUIRED. It shall be unlawful for any person to operate or permit swimming in a public swimming pool, regardless of whether a fee is charged for ORDINANCE NO. 94 -06 such use, unless the City of Brooklyn Center has issued a valid license therefor which is in full force and effect. Such license shall be on display in the vicinity of the subject swimming pool or conveniently accessible upon demand. Section 7- 202.01. PERSON. The term "person" as it occurs in Section 7 -202 shall refer to any person, firm, partnership, association, corporation, company, governmental agency, club, cooperative, or organization of any kind. Section 7- 202.02. PRIVATE SWIMMING POOL. Section 7- 202 shall not apply to any swimming pool located on property which is zoned or used for single family dwellings, or two family dwellings. Section 7- 202.03. PUBLIC SWIMMING POOL. For the purposes of this licensing requirement "public swimming pool" shall refer to all swimming pools within Brooklyn Center, except those defined by Section 7- 202.02. Section 7 -203. APPLICATION FOR LICENSE. Application for a license hereunder shall be submitted to the city clerk in such form and manner as the city clerk may prescribe. Section 7 -204. LICENSE EXPIRATION AND RENEWAL. Licenses issued under this ordinance shall expire on the last day of April each year. License renewal applications shall be filed with the city clerk prior to April 1 of each year. Section 7 -205. LICENSE FEES. The annual license fee for a public swimming pool shall be as set forth by city council resolution. Section 7 -206. PENALTY. Any person violating the provisions of this ordinance may, upon conviction thereof, be punished by a fine of not more than seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. REGULATIONS AND LICENSING PROVISIONS RELATING TO LODGING ESTABLISHMENTS Section 7 -601. MINNESOTA DEPARTMENT OF HEALTH REGULATIONS ADOPTED AS LAW. Subject to any specific modifications hereinafter set forth, the municipality hereby adopts by reference Minnesota State Board of Health Regulation MHD 139 -145 as contained in the document entitled "Requirements for Lodging Establishments" declared effective January 1, 1968, including all subsequent amendments thereto. Three copies of such regulations shall be filed and available for inspection in ORDINANCE NO. 94 -06 the office of the city clerk. MHD 139 -145 is hereby modified by deleting the term "board" and substituting therefor the term "city health authority" in MHD 141 (d), MHD 141 (f), the third sentence of MHD 141 (j), and MHD 141 (1). MHD 141 (1) is hereby modified by deleting the phrase "installed on or before January 1, 1968," from the second sentence of the second paragraph therein. Section 7 -602. LICENSE REQUIRED. It shall be unlawful for any person to operate a lodging establishment unless the City of Brooklyn Center has issued a valid license therefor which is in full force and effect. Such license shall be on display in the immediate vicinity of the customer registration area and conveniently accessible upon demand. Section 7 -603. APPLICATION FOR LICENSE. Application for license hereunder shall be submitted to the city clerk in such form and manner as the city clerk may prescribe. Section 7 -604. INSPECTION. The city health authority or his designated agent shall inspect every lodging establishment as frequently as deemed necessary to insure compliance with this ordinance. Section 7 -605. LICENSE EXPIRATION AND RENEWAL. Licenses issued under this ordinance shall expire on the last day of December each year. License renewal application shall be filed with the city clerk prior to the expiration date each year. Section 7 -606. LICENSING REGULATIONS AND FEES. License application and possession is subject to provisions of Chapter 23 of the City Ordinances, Sections 23 -001 through Section 23 -013. The annual license fee for a lodging establishment shall be as set forth by city council resolution. Section 7 -607. PENALTY. Any person, firm, or corporation violating the provisions of this ordinance may, upon conviction thereof, be punished by a fine of not more than seven hundred ($700) dollars or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution.] ORDINANCE NO. 94 -06 Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 14th day of February 1994. ATTEST: Deputy Clerk Date of Publication February 2, 1994 Effective Date March 4, 1994 Todd Paulson, Mayor (Brackets indicate matter to be deleted, underline indicates new matter.)