09-07-2004 - Laserfiche WebLink

Commission Minutes--September 7, 2004 2786 MOTION, passed Mr. Bennett moved and Mr. Meyer seconded to adopt Ordinance #2004- 2, to monitor the operation of public and semi-public swimming pools for the health and welfare of those using the pools; and to have the State's Attorney publish this ordinance with all other county ordinances into a handbook for Cass County law enforcement officials. Discussion: Mr. Vanyo asked if incorporated cities who wish to enter into a joint powers agreement for enforcement of swimming pool regulations would pay for the cost of inspections and the collection of water samples; and Mr. Myers said that is correct. Language to that effect would be included in the joint powers agreement. Myron Berglund, from the Fargo Cass Public Health Department, said three-fourths of the pools being inspected in Fargo are motel pools, and the department definitely wants to recoup their costs for inspections and water sampling from these business owners. Mr. Wagner asked if the joint powers agreement will include that enforcement costs will be borne by the municipalities, and Mr. Bennett responded that each municipality will pay the costs of enforcement through language in the joint powers agreement. He said the fee schedule is yet to be determined. Mr. Wagner asked if Mr. Bennett's motion includes that all costs will be borne by the municipalities, and Mr. Bennett concurred, saying that is the way it is done now. At the call for the question and upon roll call vote, the motion carried unanimously. 17. ORDINANCE #2004-3, Second readina on body art reaulation This was the date, time and place advertised for second reading and proposed adoption of an ordinance and regulations for owners and operators of body art establishments, which includes tattoos and body piercing, for the protection of health and welfare of citizens of Cass County. Mr. Myers noted that corrections were made since first reading of Ordinance #2004-3. Additional corrections to be made include the regulations being labeled as "Appendix A" to the ordinance, and the list of definitions in the regulations will be conformed to match the definitions in the ordinance. Mr. Wagner said he has the same issue here as with the swimming pool regulations relative to the body art ordinance being a model to be adopted by any municipalities, along with the same concerns about the costs of enforcement. Mr. Bennett said the same severability clause has been added as for the swimming pool ordinance whereby this ordinance will cover all of Cass County, except that it will not supersede any ordinance of any political subdivision without its consent nor establish an ordinance in any incorporated political subdivision without its consent. Mr. Myers said all municipalities should be encouraged to adopt an ordinance regulating mobile body art and piercing establishments because a mobile unit could be set up during a local community event. Mr. Burdick said his office will need to seek formal approval of the District Court to hear county ordinance violations because county courts were set up to do that in the century code, and county courts no longer exist. Mrs. Sorum opened the meeting for a public hearing on the second reading of Ordinance #2004-3, Body Art Regulation. No one from the public asked to speak to the issue, and the public hearing was closed.