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ther, it is the purpose of this <br />ordinance to enhance compli- <br />ance with the application pro- <br />hibition through regulating the <br />sale of certain products. <br />Sec. 38 -532. Penalty. <br />Any person violating this <br />article shall be guilty of a petty <br />misdemeanor. <br />Sec. 38 -533. Use of Coal <br />Tar -Based Sealer Prohibited. <br />a. No person shall apply any <br />coal tar -based sealer to any <br />driveway, parking lot or other <br />surface within the City of Elk <br />Rivera <br />b. No person shall contract <br />with any commercial sealer <br />product applicator, residential <br />or commercial developer, or any <br />other person for the application <br />of any coal tar -based sealer to <br />any driveway, parking lot or <br />other surface within the City. <br />c. No commercial sealer, <br />product applicator, residential <br />or commercial developer, or <br />other similar individual or <br />organization shall direct any <br />employee, independent <br />contractor, volunteer, or other <br />person to apply any coal <br />tar -based sealer to any <br />driveway, parking lot or other <br />surface within the City. A <br />person who owns property on <br />which a coal tar -based sealer is <br />used is presumed to have used <br />a coal tar -based sealer in <br />violation of this section. <br />d. The provisions of this <br />ordinance shall only apply to <br />the use of coal tar -based sealer <br />in the City and shall not affect <br />the use or sale of asphalt -based <br />sealer products within the City. <br />Sec. a8­534. Sale of Coal <br />Tar -Based Sealer Restricted. <br />A person may not sell a coal <br />tar -based sealer product within <br />the City, unless: <br />a. The sale is to a person who <br />intends to use the coal <br />tar -based sealer outside the <br />City's planning jurisdiction; <br />and <br />b. The seller requires the <br />purchaser to complete and sign . <br />a form provided by the City <br />that includes: <br />1. The name, address and <br />phone number of the <br />purchaser; <br />2. The date of the purchase; <br />3. The quantity of coal , <br />tar -based sealer purchased; <br />4. A statement that the coal <br />tar -based sealer will not be <br />used within the City of Elk <br />River; <br />5. An affirmation by the pur- <br />chaser that the information on <br />the form is correct; and <br />8. The seller retains the <br />completed form for a period of <br />not less than two years and <br />allows the City to inspect or <br />copy of the form upon request. <br />Section 2. That this ordinance <br />shall take <br />wad Aall.he WNW as <br />pwodw by . <br />Passed and <br />adopted by the <br />City Council of the City of M <br />River this i8thday of August, <br />2012. <br />John J. Dietz, <br />Mayor <br />ATTEST: <br />Tina Allard, <br />City Clerk <br />(Ag25) <br />