CITY OF NEWPORT
AN ORDINANCE OF THE CITY OF NEWPORT, MINNESOTA, APPROVING A ZONING AMENDMENT TO CHAPTER 1300, SECTION 1371 STORM WATER MANAGEMENT, TO THE CITY OF NEWPORT CODE OF ORDINANCES
THE CITY COUNCIL OF THE CITY OF NEWPORT, MINNESOTA, HEREBY ORDAINS THAT:
1371.11 Regulating the Use of Coal Tar-Based Sealer Products
Subd. 1 Purpose. The City of Newport understands that rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. The purpose of this ordinance is to regulate the use of sealer products within the City of Newport, in order to protect, restore, and preserve the quality of its waters.
Subd. 2 Definitions
A.Asphalt-Based Sealer. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar.
B.Coal Tar. A byproduct of the process used to refine coal.
C.Coal Tar-Based Sealer. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces.
D.MPCA. The Minnesota Pollution Control Agency.
E.PAHs. Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life.
Subd. 3 Prohibitions.
A.No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City.
B.No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar-based sealer to any driveway, parking lot, or other surface within the City.
C.No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City.
Subd. 4 Asphalt-Based Sealcoat Products. The provisions of this ordinance shall only apply to use of coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City.
Subd. 5 Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor.
Subd. 6 Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
This Ordinance becomes effective upon its passage and publication according to law.
Adopted by the City Council of the City of Newport, Minnesota on the 17th day of May, 2012.