[Added 2-19-2019 by Ord. No. 1442]
As used in this article, the following terms shall have the meanings indicated:
COAL TAR
A byproduct of the process used to refine coal. Coal tar contains high levels of polycyclic aromatic hydrocarbons (PAHs).
COAL TAR SEALANT PRODUCT
A pavement sealant product that contains coal tar, coal tar pitch, coal tar pitch volatiles, RT-12, refined tar or any variation assigned the Chemical Abstracts Service (CAS) numbers 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2 or related substances.
DIRECTOR
The City Engineer/Director of Public Works.
HIGH PAH SEALANT PRODUCT
Any pavement sealant product that contains greater than 0.1% polycyclic aromatic hydrocarbons (PAHs) by weight, including, but not limited to, coal tar sealant products and sealant products containing steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, or any variation of those substances assigned the chemical abstracts service number 64742-90-1, 69013-21-4 or related substances.
PAVEMENT SEALANT PRODUCT or SEALCOAT
Any substance that is typically applied on paved surfaces to protect the surfaces. This may include but is not limited to sealant products that are coal tar or asphalt based.
POLYCYCLIC AROMATIC HYDROCARBONS (PAHs)
A group of organic chemicals that are formed during the incomplete combustion of coal, oil, gas, or other organic substances, are present at high levels in coal tar, and are known to be harmful to humans, fish, and other aquatic life.
Violations of this article may be enforced by the Building Inspector, Zoning Administrator, or City Attorney.
A. 
Except as provided in § 262-71, "Exemption," no person shall apply any coal tar sealant product or high-PAH sealant product within the City of St. Francis.
B. 
No person shall sell, offer to sell, or display for sale any coal tar sealant product or high-PAH sealant product within the City of St. Francis.
C. 
Any person who sells pavement sealant products shall prominently display, in the area where such pavement sealant products are sold, a notice that contains the following language: "The application of coal tar sealant products or other high-PAH sealant products on driveways, parking lots and all other paved surfaces in the City of St. Francis is prohibited by Chapter 262, Article V of the City of St. Francis Code of Ordinances. Polycyclic Aromatic Hydrocarbons (PAHs), are a group of organic chemicals that are known to cause cancer and are toxic to aquatic life. Coal tar and other high-PAH sealant products are a major source of PAHs that can travel into homes, buildings, and soils, or be carried by stormwater and other run off into the water resources of the City of St. Francis."
D. 
No person shall allow a coal tar sealant product or other high-PAH sealant product to be applied upon property that is under that person's ownership or control.
E. 
No person shall contract with any commercial applicator, residential or commercial developer, or any other person for the application of any coal tar sealant product or high-PAH sealant product to any driveway, parking lot, or other surface within the City of St. Francis.
F. 
No commercial 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 sealant product or high-PAH sealant product to any driveway, parking lot, or other surface within the City of St. Francis.
The Director may exempt a person from the requirements of § 262-70 if the person is conducting bona fide research concerning the effects of a coal tar sealant product or high-PAH sealant product on the environment; the use of the coal tar product or high-PAH sealant product is required for said research; and the Director determines that said research will not cause significant contamination of the surrounding environment, including soils and aquatic ecosystems, and will not unduly endanger human health.
A. 
Any person who shall cause, permit, or suffer any violation of this provisions of this article shall, upon conviction, be subject to a forfeiture of not less than $500 for each offense plus statutory costs and assessments.
B. 
Each day of each violation constitutes a separate offense and subject to an additional forfeiture.