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,�l��, ORDINANCE # 104, 2ND SERIES AN ORDINANCE TO AMEND THE ORONO MIINICIPAL CODE BY ADDING SECTION 9.58, PROHIBITING THE IISE OF NON-ENCASED STYROFOAM AS A DOCR FLOTATION DEVICE The City Council of Orono ordains as follows : Section 1. The City of Orono Municipal Code, Chapter 9, is hereby amended by adding Section 9. 58 to read as follows : Section 9.58 Styrofoam Dock Flotation Prohibition. Subd. 1. Preamble. The City hereby determines 1 ) that disintegration of non-encased styrofoam flotation blocks used in docks, swimming platforms, buoys, and other floating structures in the City of Orono has led to the disintegrating particles washing up onto shore land in Orono in substantia l and unsight ly quantities endangering the comfort and enjoyment of the affected property owners and causing environmental and aesthetic damage, and generally unsightly and undesirable public conditions; 2 ) that such disintegration is a natural characteristic of the styrofoam described when used for flotation purposes in the City limits; 3) that such disintegration is accelerated by the actions of aquatic animals and waterfowl and, in turn, constitutes a hazard to their well-being; 4) that additional health and safety concerns can occur if such material is subject to heat, gasoline or other petroleum products ; and 5 ) the use of non-encased styrofoam for the purpose mentioned above is a public nuisance within the meaning of Orono City Code, Chapter 9 , Subsection 9 . 21. Subd. 2. Definition. For the purpose of this section, non- encased styrofoam means any brand of expanded polystyrene beads molded into a block, sheet, billet, or other shape which is not completely encased in a permanent casing, coating, or container capable of withstanding action by ice or other elements, animals, and normal activity by users so that disintegration of the molded shapes into smaller chunks or individual beads is prevented. Subd. 3. Use of Non-encased Styrofoam Prohibited. A. It is a misdemeanor for any person to use non-encased styrofoam blocks , sheets, billets or other shapes for dock construction or flotation, swimming platforms, buoys or other f loating or similar structures in lakes or streams in the City, whether such uses are permanent or seasonal in nature. B. This ordinance shall apply to such uses after the date of the adoption of this ordinance except when owners of such non- encased styrofoam materials who are presently using them in the City for purposes forbidden by this ordinance may continue to use them for such purposes in existing structures currently containing them until December 31, 1994. This exception does not include repair or replacement of existing styrofoam.