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( <br />u <br />L ' <br />ORDINANCE # 110 , 2ND SERIES <br />AN ORDINANCE TO AMEND THE ORONO MUNICIPAL CODE <br />BY ADDING SECTION 9.58, PROHIBITING THE USE OP <br />NON-ENCASRD MOLDED POLYSTYRENE EXPANDED-BEAD FOAM <br />AS A DOCK FLOTATION DEVICE <br />The City Council of Orono ordains as follows: <br />Section 1. The City of Oronc Municipal Code, Chapter 9, is <br />hereby amended by adding Section 9.58 to read as follows: <br />Section 9.58 Molded Polystyrene Bxpanded-Bead Foam Dock <br />Flotation Prohibition. <br />Subd. 1. Preamble. The City hereby determines 1) that <br />disintegration of non-encased uicJded polystyrene expandec^bead <br />foam flotation blocks used in docks, :iwimming platforms, buoys, <br />and other floating structures in the City of Orono has^ led to the <br />disintegrating particles washing up onto shoreland in Orono in <br />substantial and unsightly quantities endangering the comfort ana <br />enjoyment of the affected property owners and causing <br />environmental and aesthetic damage, and generally unsightly and <br />undesirable public conditions; 2) that such disintegration is a <br />natural characteristic of the molded polystyrene e^anded-bead <br />foam described when used for flotation purposes in the City <br />limits; 3) that such disintegration is accelerated by the actions <br />of aquatic animals and waterfowl and, in turn, constitutes a <br />hazard to their well-being; 4) that additional health and safety <br />concerns can occur if such material is subject to heat, gasoline <br />or other petroleum products; and 5) the use of non-encased molded <br />polystyrene expanded-bead foam for the purpose mentioned above is <br />a public nuisance within the meaning of Orono City Code, Chapter <br />9, Subsection 9.31. <br />Subd. 2. Definition. For the purpose of this section, non- <br />encased molded polystyrene expanded-bead foam means any brand of <br />expanded polystyrene beads molded into a block, sheet, billet, or <br />other shape which is not completely encased in a permanent <br />casing, coating, or container capable of withstanding action by <br />Ice or other elements, animals, and normal activity by so <br />that disintegration of tne molded shapes into smaller chunks or <br />individual beads is prevented. <br />Subd. 3. Use of Non-encased Molded Polystyrene Expanded- <br />Bead Foam Prohibited. <br />A. It is a misdemeanor for any person to use “O"*;*"®***^ <br />molded polystyrene expanded-bead fo^ blocks, s^eeta, billets or <br />other s^hapes for dock construction or flotation, swiping <br />Platforms, buoys or other floating or similar structures in lakes <br />or streams in the City, whether such uses are permanent or <br />seasonal in nature.