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HomeMy WebLinkAbout1989-11 05-22 CCO f CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of Mav, 1989, at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 7. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. C9 -11 AN ORDINANCE AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CODE RELATING TO COLLECTION OF RECYCLABLE MATERIALS AND YARD WASTES; PROHIBITING SCAVENGING OF RECYCLABLE MATERIALS: AUTHORIZING COLLECTION DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 7 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 7 -101. DEFINITIONS. [Whenever used in this ordinance words shall] For nuruoses of Sections 7 -101 to 7 -112. the following terms have the [following] meanings given them: [A.] Subdivision 1. AUDroved [shall mean] means acceptable to the health authority following [his] the health authoritv's determination as to compliance with established public health practices and standards. Subdivision 2. Carrvout Collection Service, means the collection of recvclable materials accumulated in recvcling containers from a location at a dwelling unit other than the location designated bv_ the recvcling authority for regular collection. [B.] Subdivision 3. Council [shall mean] means the governing body of the [municipality] Citv. Subdivision 4., Dwelling Unit means a residential structure in the Citv that is designated by the recvcling authority to receive recvcling collection services. [C.] Subdivision 5., Garbage [includes] means all putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit or vegetables, including the cans, containers or wrappers wasted along with such materials. but not including recyclable materials. Subdivision 6., Generator has the meaning given it in Minnesota Statutes Section 115A.03. subdivision 12. [D.] Subdivision 7. Health Authority [shall mean] means the [municipal] city public health sanitarian or [his] an authorized representative. I ORDINANCE NO. 39 -11 [E.] Subdivision 8. Manager [shall mean] means the administrative head for the [municipality] Citv. Subdivision 9. Mixed Municipal Solid Waste has the meaning given it in Minnesota Statutes Section 115A.03. subdivision. 21. [F.] Subdivision 10. Open Burning [shall mean] means the �urning of any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through an adequate stack, duct, or chimney. [G.] Subdivision 11.. Owner [is] means any person, [firm, corporation, or other partnership or organization] who alone, jointly, or severally with others [shall be in ownership of,] owns or [have] has charge, care or control of[,] any premises or business within the [municipality] Citv as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. [H.] Subdivision 12.. Person [is] means any [person] individual, firm, partnership, association, corporation, company, or organization of any kind. [I.] Subdivision 13., Premises [is] means any dwelling, house, building, or other structure or parcel of property. [J.] Subdivision 14.. Public Place, [is] means any and all streets, sidewalks, boulevards, alleys, parks, public buildings, and other public ways. Subdivision 15. Recvclable Materials has the meaning given it in Minnesota Statutes Section 115A.03, subdivision 25a. Subdivision 16.. Recvcling has the meaning given it in Minnesota Statutes Section 115A.03. subdivision 25b. Subdivision 17.. Recycling Authority means the official designated by the manager to perform the cowers and duties of the recycling authority as provided in this chanter. The recvcling authority may be the administrator of the Hennepin Recvcling Group ioint powers entity of which the City is a member. Subdivision 18. Recvcling Container means a receptacle designated by the recvcling authority for the accumulation and collection of recvclable materials at a dwelling unit. Subdivision 19.. Recvcling Collection Services means the collection of recvclable materials accumulated in recvcling containers from a location at a dwelling unit that is designated by the recvcling authority for regular collection. Subdivi 20. Recycling Services means recvcling collection services, carrvout collection services, and anv other services provided to a dwelling_ unit in accordance with this chapter. ORDINANCE NO. 89 -11 [K.] Subdivision 21. Refuse means all solid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes; organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchen, dining room, market, food establishment or any place dealing in or handling meat, fowl, fruit, grain, or vegetables; offal, animal excreta, or the carcass of animals; [tree or shrub trimmings, or grass clippings,] brick, plaster, wood, metal or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, containers, junk vehicles, ashes, tires, junk, or other such substance which may become a nuisance. but not includinE recvclable materials. [L.] Subdivision 22. Rubbish is nonputrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, pasteboard, grass, rags, straw, boots, shoes, hats, and all other combustibles not included under the term garbage. but not includinz recvclable materials. [M.] Subdivision 23., Swill includes that particular garbage which is wholly or nearly edible and usable as a food and has food value for animals or fowl, accumulating from animal, vegetable or other matter wasted from clubs, hotels, hospitals, restaurants, and public eating places. [N.] Subdivision 24.. Vehic] is every device in, upon, or by which any person or property is or may be transported or drawn upon a thoroughfare including devices used exclusively upon stationary rails or tracks. [0.] Subdivision 25. Waste Matter is nonputrescible solid waste such as soil, earth, sand, clay, gravel, loam, stone, brick, plaster, crockery, glass, glassware, ashes, cinders, shells, metal, and other noncombustible material which has been or is to be discarded. but not including recvclable materials. Subdivision 26. Yard Waste has the meaninLy iziven it in Minnesota Statutes. Section 115A.931. Section 2. Section 7 -102 of the Brooklyn Center Code is amended to read as follows: Section 7 -102. REFUSE STORAGE AND DISPOSAL. [A.] Subdivision 1.. Containers Required. The owner of any premises, and any other person having refuse as herein defined, [shall] must provide and keep on such premises sufficient containers for the storage of refuse accumulated on the premises between disposal or collection. Each [such] container [shall] must be watertight, [shall] must have a tight fitting lid, [shall] must be impervious to insects, rodents, vermin, and absorption of moisture and [shall] may ORDINANCE NO. 89 -11 not exceed 30 gallons in size unless otherwise specifically authorized in writing by the health authority. All refuse on any premises [shall] must be stored in [the] reauired containers [required herein, except if the same may be] unless it is immediately consumed or disposed of on [such] the premises in an approved incinerator. All commercial, business, industrial, or other such establishments having a refuse volume in excess of two cubic yards per week, and all six family and larger dwellings, [shall] must provide approved bulk or box type refuse storage containers or approved equivalent. [These] The containers [shall] must be [so] located so as to be accessible to collection equipment and so as not to require an intermediate transfer. [B.] Subdivision 2., Sanitary Disposal. All refuse [shall] must be disposed of in a sanitary manner as approved by the health authority and [shall] may not constitute a nuisance. Refuse [shall] may not be composted or buried except that composting in an approved rodent and fly proof device and /or filling operations using approved fill materials and methods may be permitted. In no case [can] may garbage be composted or buried. [C.] Subdivision 3.. Frequency and Manner of Collection. The contents of the containers [shall] must be collected once every week, or more frequently if necessary or required by the provisions of any other ordinance of the [municipality] Citv, by a collector licensed [hereunder] under this Chanter. [He shall] The collector must transfer the contents of the containers to [his] the collection vehicle without spilling them, and if any spilling occurs [he shall] the collector must, clean it up immediately and completely. Collection [shall] must be conducted in [such] a manner as to not create a nuisance. Collection in residential zones [shall] must be between the hours of 6:30 a.m. and 8:30 p.m. Upon each collection the containers [shall] must be completely emptied and returned to the racks or stands where they are kept, and the lids of the containers [shall] must be replaced. [D.] Subdivision 4. Placing of Containers. The containers [shall] must be placed in the rear of the premises or [in such a manner as to be] out of view from the street in front of the premises or placed in a garage located on the premises, except as may be reasonable and immediately necessary for collection. In no event [shall] may containers be placed or maintained in [such] a way [as to] that unreasonably [interfere] interferes with the use of adjoining property. Containers kept outside [shall] must be placed in [such] a manner [as] that does not [to] permit entry of or harborage for animals, insects or other vermin, [and so maintained as not to be] or hermit the container to be, tipped over. Containers [shall] must be maintained in a reasonable clean condition at all times. [E.] Subdivision 5.. Defective Containers. If, upon inspection by the health authority, a container is found to be in poor repair, corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet other requirements of this ordinance, the I f ORDINANCE NO. 89 -11 health authority [shall notify the provider or user of the container of the deficiency and shall require repair or replacement of the container and shall state a compliance date in the notice] may reauire the container to be repaired or replaced by notifving the provider or user of the container of the deficiency and statinz a compliance date in the notice,. If the deficiency is not corrected by [said] the compliance date, the health authority [shall] may condemn the deficient container and affix a tag so stating such condemnation. It [shall be] is unlawful for any person to place or deposit refuse in a container which has been condemned. Subdivision 6., Preparation of vard wastes. Yard wastes must be baeved separately from other 9 arbaee. refuse, and waste matter and must be placed 3 to 6 feet from Farbaee and other refuse on collection day. Section 3. Section 7 -103 of the Brooklyn Center Code is amended to read as follows: Section 7 -103.. REFUSE HAULERS REGULATIONS. [A.] Subdivision 1. License Required. No person [shall engage in hauling or conveying] haul or convev refuse from any premises in the Citv, other than [his] the person's own domicile, [in the municipality] unless [he] the person holds a valid license [hereunder]. [Each such vehicle so used must be licensed.] A license is required for each vehicle used to haul or convev refuse. [B.] Subdivision 2. License Procedure. The provisions of Sections 23 -001 through 23 -013 of the City Ordinances [shall] apply to all licenses required by this ordinance and to the holders of [such] the license. The [annual license fee shall be as set forth by] city council may establish the annual license fee from time to time by resolution. The term of each license hereunder [shall be] is from July 1 through June 30. The applications for license or renewal of, license [shall] must contain a description of the types and makes of motor vehicles used for collection, a schedule of services to be made to the customers, the frequency of service to be rendered, and full information where and how the material collected will be disposed of, and any other information the health authority [shall] may require. Applicants for licenses[, after July 1, 1970,] to provide routine weekly collection and removal of refuse from residences [shall] must provide [as required under this ordinance,] complete collection of all refuse which normally results from day -to -day use of [this type of] residential property except furnishings, appliances, building or construction wastes and similar bulky wastes for which individuals must make special arrangements. The health authority may require vehicle inspection before processing the license application. Applications for license [hereunder shall] must be submitted to the health authority for review and recommendation. If the council is satisfied that the public need, convenience, and good order will be served thereby, it may grant a license to any [such] applicant meeting the requirements of this ordinance. ORDINANCE NO. 89 -11 [C.] Subdivision 3. License Classification. [Applicants for licenses issued hereunder shall be] Licenses are issued for the following classes of operation: Class I Residential Refuse Collection Vehicle Class II Commercial and Business Refuse Collection Vehicle Class III Residential and Commercial Refuse Collection Vehicle Class IV Rubbish and Waste Matter Collection Vehicle Class V Rendering Collection Vehicle [D.] Subdivision 4., Insurance. Applicants for licenses or renewals of licenses [shall] 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 [shall] must provide that it [shall] may not be cancelled or terminated for any reason without at least 10 [days] days urior written notice [thereof first] being given to the municipality. [E.] Subdivision 5., Vehicle License Decals. Whenever a license or renewal has been granted [hereunder] the health authority [shall] must furnish to the licensee a decalcomania for each vehicle. The decalcomania [shall be so worded as to signify] must indicate that the vehicle is licensed by the [municipality] Citv. The licensee [shall] must apply the decalcomania to the left forward side of the body of the appropriate licensed vehicle as indicated by the health authority. Old, expired, or otherwise invalid decalcomania [shall] must be removed form the vehicle. [F.] Subdivision 6. Vehicle Specifications. Every vehicle used to collect refuse [shall] must have the name of the owner or operator on the body or placed on a durable metal or wood plaque attached to the body. [Said] The lettering [shall] must be at least three inches in height and the color of the lettering and of the background [shall] must be contrasting. The body of every vehicle licensed [hereunder shall] must be constructed entirely of metal or the space in the vehicle in which refuse [shall be] is kept [shall] must be completely lined with metal. All joints [shall] must be effectively closed so that no dripping or leaking or drain off of water, liquids or any substance can occur. The loading space [shall] must be provided with a tight metal hood having an opening fitted with metal doors, or [shall] must be provided with a heavy tarpaulin or equivalent cover fitted with eyes, grommets, tie ropes, or hooks so that the cover can be held ORDINANCE NO. 89 -11 securely over the loaded refuse. Every vehicle [shall] must be equipped with the necessary hand tools for cleaning up spills. [G.] Subdivision 7. Vehicle Maintenance. Every licensed vehicle [licensed hereunder shall] must be kept well painted, clean, and in good repair. Every [such] vehicle used for collecting garbage or swill [shall] must be cleaned every week or oftener as necessary to prevent persistent odors and [shall] must be cleaned before being used for any other purposes. [H.] Subdivision 8. Vehicle Loading. Garbage, refuse, rubbish, or other waste matter [shall] must be so loaded that none of such materials can jar loose and fall to the ground or street when the vehicle is in motion. Loose paper, trash, and similar materials [shall] must be so secured that they cannot be displaced by the wind or fall out of the vehicle. Containers used to carry refuse in or on any vehicle [shall] must comply with the requirements of [Section 2 hereunder] Section 7 -102 of this Code. [I.] Subdivision 9. Service Cancellation. The collector [shall] must cancel service to any premises when the only container or containers thereon have been condemned and may cancel service for cause or when the party charged for the collection service is two months or more overdue in paying for such services. When any collector cancels service to any premises, written notice [thereof shall] must be served upon or mailed to the occupant, manager or owner of the premises and a copy of the notice [shall] must be mailed to the health authority. [J.] Subdivision 10.. Vehicle Storage and Parking. No person [shall] may at any time park or store any refuse collection vehicle on any premises zoned for use as a single or multiple residence dwelling, within one hundred feet of [any aforementioned] the premises or within two hundred feet of any food establishment, for purpose other than, or for periods inconsistent with, providing refuse collection at [said] the premises. No person [shall] may at any time park or store any loaded or partially loaded refuse collection vehicle on any premises within the [municipality] Citv, except for the purpose of and for periods consistent with providing refuse collection at that parcel of property. Subdivision 11. Collection Districts. The Citv. under the direction of the city manager or his designee. shall establish specific refuse and recvcling collection districts and specific days of collection within these districts for all licensees. The purpose of this provision is to coordinate and facilitate same day collection within said districts throughout the City. Said coordination is necessary to encourage citizen participation in the Citv's recvclina effort. to insure compliance with state mandates for solid waste management as set forth in Minnesota Statutes Chanter 115A and to insure compliance of the Citv's contractual obligations as a member of the Hennepin Recvclinu. Group pursuant to the Joint and Cooperative Agreement for Solid Waste Disnosal. Also, said coordination will be beneficial to the health. safety, and welfare of Brooklvn Center residents and streets by limiting the number of refuse and recvclin vehicles using said streets at any one time, The following considerations will be ORDINANCE NO. 89 -11 I utilized by the city manager or his designee to establish the collection districts a. household counts within the districts: b. compatibility with the licensees existing refuse collection_ stops to the extent possible: c. compatibility with municipal boundaries to the extent possible: d. coordination with recvcling collection to the extent possible. Subdivision 12., Collection within Districts. Where an approved collection district has been established, licensed refuse haulers must establish their regular collection routes and days of collection in a manner consistent with the approved collection district and specified days of collection. Violation of this subsection is grounds for revocation of the hauler's license. It is not a violation of this subsection to collect refuse or recyclable materials on a day other than the specified collection day. if the collection is for a missed Dick up or is in a week in which a legal holidav occurs. Section 4. Section 7 -104 of the Brooklyn Center Code is amended to read as follows: Section 7 -104. REFUSE LITTERING PROHIBITED. No person [shall] may throw, scatter or deposit, [nor] or cause or permit to be thrown, scattered or deposited any refuse, handbills, or other littering materials upon or in any public or private lands, bodies of water, vehicles or structures within the [municipality] Citv. Every person [shall] must maintain his or her premises and abutting sidewalks and boulevard areas free of refuse litter. Section 5. Section 7 -105 of the Brooklyn Center Code is amended to read as follows: Section 7 -105.. NUISANCE ABATEMENT. Subdivision 1. Any accumulation of refuse on any premises not stored in containers which comply with this ordinance, or any accumulation of refuse on any premises [which has remained thereon] for more than one week is hereby declared to be a nuisance [and]. A nuisance may be abated by order of "the officer charged by the city manager with enforcement of this section, and the costs of abatement may be assessed against the property on which the nuisance was found as [follows] provided in this section: [A.] Subdivision 2., In all cases to which Minnesota Statutes, Sections 145A.04 and 145A.08 apply, the City [shall] will proceed under those sections. [B.] Subdivision 3., In all other cases, the officer charged with enforcement [shall] must notify the owner of the property on which the nuisance is found in writing, specifying the nature of the nuisance and ordering that the nuisance be abated. Notice [shall] must be served in person or by mail. If the owner is unknown or cannot be located, notice may be served by posting it on the property. The notice [shall] must specify the steps to be taken to abate the nuisance and the time, not exceeding ten (10) days, within which the nuisance shall must be abated. If the owner does not comply with the notice and order of the enforcement officer within i ORDINANCE NO. 89 -11 the time specified [therein], the city council may, after notice to the owner and the occupant of the property if different from the owner, and an opportunity to be heard, order that the nuisance be abated by the City. The notice of hearing [shall] must be served in the same manner as the notice and order of the enforcement officer and [shall] must be given at least ten (10) days before the date specified for hearing of the matter by the city council. If notice is given by posting, at least thirty (30) days [shall] must elapse between the date of posting and the hearing. In an emergency circumstance where there is an immediate threat to the public health or safety or an immediate threat of serious property damage, the enforcing officer may provide for abating the nuisance without action of the city council. In such a case, the enforcing officer [shall] must reasonably attempt to notify the owner and occupant of the intended action and the right to appeal the determination that a nuisance exists and the order to abate the nuisance at the next regularly scheduled city council meeting. [In case of abatement of nuisances by the City, upon determination of the cost of abatement, including administrative and other related expenses, the] The city clerk [shall] must prepare and mail a bill [therefor] to the property owner for the amount of the costs incurred by the Citv in abating a nuisance. including administrative and other related expenses. The bill is [so determined which shall immediately be] due and payable upon receiut. In the event [such] bill is not paid by the September lst next following the abatement of the nuisance, the costs of abatement [shall] may be levied against the property pursuant to Minnesota Statutes, Chapter 429. Section 6. Section 7 -106 of the Brooklyn Center Code is amended to read as follows: Section 7 -106. MINNESOTA POLLUTION CONTROL AGENCY REGULATIONS ADOPTED. [A.] Subdivision 1. Regulation Adopted. Subject to specific modifications and additions contained herein, the [municipality] Citv hereby adopts by reference Air Pollution Control Regulations Nos. 7 (Incinerators) and 8 (Open Burning Restrictions) contained in the Minnesota Pollution Control Agency document entitled "Ambient Air Quality Standards and Air Pollution Control Regulations adopted May 11, 1969; filed with the Secretary of State July 3, 1969, and filed with the State Department of Administration July 7, 1969, including all subsequent amendments thereto. Three copies of such regulations [shall] will be on file and available for inspection in the office of the clerk. These regulations [shall] do not apply to wood burning fireplaces, nor to fires used solely for preparation of food by barbecuing. [B.] Subdivision 2. Modifications to APC Regulations. It is hereby determined, effective July 1, 1970, that adequate refuse collection service is available to the munic" i alit City. Open burning P y] p is [thereafter] prohibited after that date. Effective January 1, 1971, no device or container for open burning [shall] may be maintained on any premises. Exceptions to APC Regulation No. 8 [shall] require written approval of the municipal fire chief. ORDINANCE NO. 89 -11 All incinerators of less than 2,000 lbs. /hr. capacity [shall] must comply with the provisions of APC Regulation No. 7 on or before January 1, 1971. Section 7. S Section 7 107 of the Brooklyn Center Code is amended to read as follows: Section 7 -107.. [SEPARABILITY. If any section, subsection, group, phrase, sentence, or portion of this ordinance is for any reason held invalid or unconstitutional, such portions shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.] RECYCLING AUTHORITY: POWERS. The recvcling authority is responsible for supervising and controlling the collection. removal. and disposal of recvclable materials from all dwelling units in the Citv. The recvcling authority may contract with one or more collectors or haulers for the collection. removal and disposal of some or all tvDes of recvclable materials from dwelling units. The recvclinR authoritv may adopt and enforce additional rules not inconsistent with this chapter as necessary for the collection. removal. and disposal of recvclable materials, including but not limited to rules governing the days and hours of collection. the tvDes of recvclable materials to be collected, the manner in which generators must prepare recvclable materials for collection, the recvcling containers to be used. and the location of rec ycling contain for collection. The rules of the recvclinR authority are not effective until approved by the council. Section 8. Section 7 -108 of the Brooklyn Center Code is amended to read as follows: Section 7 -108. [PENALTY. An person violating an of the Y P g y provisions of this ordinance shall, upon conviction, be guilty of a misdemeanor, and subject to a fine of not more than $700 or by imprisonment for a period of not exceeding 90 days or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense.] RECYCLING RATES: BILLINGS. Subdivision Z. Rates. The city council may establish rates for recvcling services from time to time by resolution. By resolution the city council may also charge the cost of recvcling containers to owners or occupants of dwelling units as a recvcline service. Subdivision 2. Billing. Each owner or occupant of a dwelling unit must pav the rates for recvcline collection services. The rates for carrvout collection services are savable by the owner or occupant of a dwelling unit who requests to receive the service according to the procedure established by the recvcline authority. The amounts pavable for recv cling services will be shown as a separate charge on the utilitv bill for the dwelling unit and will be pavable according to the same terms as those provided in this Code for utility bills. Section 9. Section 7 of the Brooklyn Center Code is amended by adding the following new sections: Section 7 -109., ASSESSMENT OF UNPAID BILLS. On or before September 1 of each vear. the city clerk must list the total unpaid charges for recvcling services against each lot or parcel to which thev are attributable. The city council may then spread the charges against the property benefited as a special f ORDINANCE NO. 89 -11 assessment in the same manner as ?provided for current services by Minnesota Statutes. Section 429.101 and other pertinent statutes for certification to the Director of Property Taxation of Hennepin County and collection the following vear along with the current taxes. Section 7 -110., OWNERSHIP OF RECYCLABLE MATERIALS: SCAVENGING PROHIBITED., Subdivision 1. Ownership. Recvclable materials are the vroverty of the generator until collected by authorized Citv emvlovees. collectors or haulers. Recvclable materials become the vroverty of the Citv. authorized collector. or authorized hauler upon collection. Subdivision 2. No Scavenging. It is unlawful for a verson, other than authorized emvlovees of the City. or authorized collectors or haulers to distribute. collect, remove or disvose of recvclable materials after the materials have been vlaced or devosited for collection. Section 7 -111. SEPARABILITY. If anv section. subsection. group. vhrase. sentence. or vortion of this ordinance is for anv reason held invalid or unconstitutional. such vortions shall be deemed a sevarate. distinct. and indevendent vrovision and such holding shall not affect the validity of the remaining vortions hereof. Section 7 -112. PENALTY. Anv verson violating anv of the provisions of this ordinance is guilty of a misdemeanor and subiect to a fine of not more than $700 or imvrisonment for a veriod of not exceeding 90 days or both. together with the costs of vrosecution. Each day that a violation exists constitutes a, sevarate offense., Section 10. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 22nd day of Mav 1989 M4 ATTEST: Clerk Date of Publication May 4, 1989 I Effective Date June 3, 1989 [Underline indicates new matter, brackets indicate matter to be deleted.]