City Ordinances

Q: What should cities know about the state’s Lawns to Legumes program?

LMC: As spring and summer approach, cities should be aware of the Lawns to Legumes program and requirements surrounding native landscapes and noxious weeds. Through the Lawns to Legumes program, the Minnesota Board of Water and Soil Resources (BWSR) helps communities transform ordinary lawns into native landscapes via workshops, coaching, planting guides, grants, and collaboration with others — including local agencies. The goal of the program is to protect pollinators, but additional benefits include water protection, carbon removal, and landscape and climate resiliency.

A new state law effective July 1, 2023, states that cities must allow natural landscapes, which can include native and nonnative plants that can grow over 8 inches tall and go to seed. Native landscapes cannot include turf or noxious weeds. If there are weeds or other plants that aren’t part of a natural landscape, they cannot be more than 8 inches tall or go to seed.

City ordinances may need changes to be consistent with these requirements. There are many approaches cities can use to allow and promote natural landscapes. For example, cities can add to or change existing ordinances and permitting processes; many cities already have ordinances limiting plant height or prohibiting weeds, and some cities have permitting processes to allow natural landscapes on residential lots. Cities should consult with their city attorney to amend ordinances to be consistent with the law changes. Cities should also keep in mind the resources available, like state grants, to manage noxious weeds and invasive plants. More information about the Lawns to Legumes program is available on the BWSR website at bit.ly/LawnstoLegumes.

Answered by Staff Attorney Josie Rosene: [email protected].

Employing Minors

Q: The city is hiring part-time seasonal help, including 17-year-olds who are licensed to drive. Can they drive city vehicles and operate riding lawn mowers?

LMC: The Fair Labor Standards Act and its Minnesota counterpart, the Minnesota Fair Labor Standards Act, include restrictions about when minors can work and what they can and cannot do on the job. For more information, see chapter 2, section XIII of the League’s HR Reference Manual at lmc.org/hiring.

Minors at least 16 years of age can operate many push and ride-on mowers for cities on golf courses, resort grounds, or municipal grounds, provided:

• Prior to operating lawn care equipment, the employee is trained in the safe operation of the specific lawn care equipment.
• The employee wears personal protective equipment including, but not limited to, safety glasses, hearing protection, gloves, safety vest, and work boots, as necessary, at all times during equipment operation.
• The city ensures all safety rules and instructions provided in the equipment’s operator manual are followed.
• The city ensures required safety equipment is in place and operational on all lawn care equipment, including roll-over protection, seat belts, operator presence control systems, interlocks, guards, and shields.

Minors are generally not allowed to operate vehicles or motorized equipment on streets or highways during working hours as part of their normal job. There is an exception under federal law for 17-year-olds for occasional and incidental driving on public roads. For more details, refer to Minnesota Administrative Rules 5200.0910 at bit.ly/employingminors.

Answered by Assistant Human Resources Director Joyce Hottinger: [email protected].

Public Trash Collection

Q: What options are there for reducing employee injuries related to park trash collection?

LMC: There are a variety of options when it comes to park trash collection, and several cities have changed the way they operate to improve employee safety. Many cities have shelters for parties, fields for recreation, playgrounds, or walking paths. Most of these parks have trash cans, and the responsibility typically falls on public works staff to collect and dump these receptacles. Additionally, more and more cities are adding trash cans to their downtown areas.

Trash collection can become problematic over time, as these containers can get heavy, awkward to maneuver, and have caused employee injuries due to repetitive motion. There are a variety of options to consider when looking for ways to reduce injuries or update your current operations:

• Schedule more frequent trash pickup to reduce the likelihood that receptacles will be full.
• Modify dumpsters to be pulled to trash receptacles, versus carrying the trash to the dumpster.
• Use trucks with lift gates.
• Use specialty equipment designed for trash collection.
• Consider contracting with your local trash collection company to dump all the cans using their trucks and automatic dump systems.

Each city handles its trash collection differently, and there are many options for modifying your operations that could help reduce employee injuries, and even save time and money.

Answered by Public Works and Public Safety Specialist Troy Walsh: [email protected].