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SECTION 3. PROHIBITIONS. <br />A. No person shall apply any undiluted coal tar-based sealer to any driveway, parl~ing <br />lot, or other surface within the City of <br />B. No person shall contract with any commercial sealer product applicator, residential or <br />commercial developer, or any other person for the application of any undiluted coal tar-based <br />sealer to any driveway, parlang lot, or other surface within the City. <br />C. No commercial sealer product applicator, residential or commercial developer, or <br />other similar individual or organization shall direct any employee, independent contractor, <br />volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking <br />lot, or other surface within the City. <br />SECTION 4. EXEMPTION. <br />Upon the express written approval from both the City and the MPCA, a person <br />conducting bona fide research on the effects of undiluted coal tar-based sealer products or PAHs <br />on the environment shall be exempt from the prohibitions provided in Section 3. <br />SECTION 5. ASPHALT-BASED SEALCOAT PRODUCTS. <br />The provisions of this ordinance shall only apply to use of undiluted coal tar-based sealer <br />in the City and shall not affect the use of asphalt-based sealer products within the City. <br />SECTION 6. PENALTY. <br />Any person convicted of violating any provision of this ordinance is guilty of a <br />misdemeanor and shall be puiushed by a fine not to exceed one thousand dollars ($1,000.00) or <br />imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either <br />case. <br />SECTION 7. SEVERABILITY. <br />If any provision of this ordinance is found to be invalid for any reason by a court of <br />competent jurisdiction, the validity of the remaining provisions shall not be affected. <br />