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HomeMy WebLinkAboutNo 828 Amending the Licensing of Commercial Lawn Fertilizer Applicators and Regulating the Use of Fertilizer ORDINANCE 828 AN ORDINANCE AMENDING THE MAPLEWOOD CITY CODE LICENSING COMMERCIAL LAWN FERTILIZER APPLICATORS AND REGULATING THE USE OF FERTILIZER THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS: SECTION 1. City of Maplewood Code is amended by adding Chapter 17.7 to provide: COMMERCIAL FERTILIZER APPLICATION 17-7-1: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing data and literature to determine the current and projected water quality of various lakes, ponds, and wetlands within the community. Water quality may be improved if the amount of phosphorus from fertilizer and vegetative sources entering water bodies through the storm drainage system as well as overland runoff is reduced. The purpose of this sectionis to maintain and promote the improvement of lake, pond and wetland resources that the residents of Maplewood and other users enjoy. 17-7-2: DEFINITIONS: For purposes of this section, the following terms shall be defined as stated: COMMERCIAL APPLICATOR: A person who is engaged in the business of applying fertilizer for hire. FERTILIZER:A substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use of or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. 17-7-3: LICENSE REQUIRED: No commercial applicator shall apply fertilizer without first obtaining a license from the City as provided herein. 17-7-4: SALE OF FERTILIZER CONTAINING PHOSPHORUS. Effective August 1, 2003, no person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the City of Maplewood that contains any amount of phosphorus. 17-7-5: LICENSE APPLICATION: All applications for a license required under this section shall be made on a form furnished by the City and submitted to the City, together with the licensing fee established by the City Council. 17-7-6: CONDITIONS OF LICENSE: The licensee shall comply with the following requirements: a. Random Sampling: During the term of the license, the licensee shall permit the City to obtain a sample of any fertilizer to be applied within the City. b.Possession of License: The license, or a copy thereof, shall be in the possession of the licensee or its employees or agents when they are applying fertilizer in the City. c.Timingof Application: No fertilizer application shall be made when the ground is frozen and not between November 15 through April 1 of the succeeding year. d.Impervious Surfaces: The licensee, or any employee or agent thereof, shall not apply, spill, or otherwise deposit fertilizer on impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on impervious surfaces shall be immediately and completely removed by the licensee before leaving the site. e.Buffer Zones: No fertilizer shall be applied within established wetland buffer zones as outlined in City Ordinance 9-196, or within 25 feet of the edge of any wetland, pond, or lake. f.Fertilizer Content and Application Rate: No fertilizer shall be applied to turf in the City that contains any amount of phosphorus or other compounds containing phosphorus, such as phosphate. The provisions of this paragraph about fertilizer content shall not apply to: 1.Newly established turf areas for the turf’s first growing season; or 2.In turf areas that soil tests confirm are below phosphorus levels established by the University of Minnesota Extension Service. The lawn fertilizer application shall not contain an amount of phosphorus exceeding the amount of phosphorus and the appropriate application rate recommended in the soil test evaluation. 3.Record keeping: The licensee shall be responsible for maintaining a record of the pounds of phosphate, expressed as P205 per 1,000 square feet of land, applied to each site by the licensee during the year, and a record of the soil test confirming the need for phosphorus. 17-7-7: RESPONSIBILITY OF LICENSEE: The conduct of agents or employees of a licensee, while engaged in the performance of their duties for the licensee under the license, shall be deemed the conduct of the licensee. 17-7-8: NON-COMPLIANCE: Failure to comply with any requirement set forth in the Chapter shall constitute sufficient cause for the revocation of the license by the City Council following a public hearing. 17-7-9: DURATION AND TRANSFERABILITY OF LICENSE: The license issued hereunder is effective for the period of January 1 to the following December 31 and must be renewed annually by the licensee. The city shall not prorate any license fee. A license issued hereunder is not transferable and any change in ownership of the licensed business shall terminate the license. 17-7-10: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter that address phosphorus levels in fertilizer, the City Council shall review this Chapter for possible revisions or repeal. 17-7-11: ENFORCEMENT: For the first twelve (12) months following the effective date of this Chapter no penalty shall attach to a violation. Thereafter, a violation shall be a misdemeanor punishable in accordance with law. SECTION 2: Maplewood City Code is amended by adding Division 5, Chapters 9-200 to 9-205 to provide: DIVISION 5 LAWN FERTILIZER 9-200: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existingdata and literature to determine the current and projected water quality of various lakes, ponds, and wetlands within the community. Water quality may be improved if the amount of phosphorus from fertilizer and vegetative sources entering water bodies through the storm drainage system as well as overland runoff is reduced. The purpose of this section is to maintain and promote the improvement of lake, pond and wetland resources that the residents of Maplewood and other users enjoy. 9-201: DEFINITIONS: For purposes of this section, the following terms shall be defined as stated: FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use of or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. 9-202: SALE OF FERTILIZER CONTAINING PHOSPHORUS. Effective August 1, 2003, no person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the City of Maplewood that contains any amount of phosphorus. 9-203: RESTRICTIONS ON APPLICATIONAND USE: The application and use of lawn fertilizer is subject to the following restrictions: a.Timing of Application: No fertilizer application shall be made when the ground is frozen and not between November 15 through April 1 of the succeeding year. b.Impervious Surfaces: Fertilizer shall not be applied, spilled, or otherwise deposited on impervious surfaces. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on impervious surfaces shall be immediately and completelyremoved. c.Buffer Zones: No fertilizer shall be applied within established wetland buffer zones as outlined in City Ordinance 9-196, or within 25 feet of the edge of any wetland, pond, or lake. d.Fertilizer Content and Application Rate: No fertilizer shallbe applied to turf within the City that contains any amount of phosphorus or other compounds containing phosphorus, such as phosphate. The provisions of this paragraph regarding fertilizer content shall not apply to: 1. Newly established turf areas for the turf’s first growing season; or 2. On turf areas which soil tests confirm area below phosphorus levels established by the University of Minnesota Extension Service. The lawn fertilizer application shall not contain an amount of phosphorus exceeding the amount of phosphorus and the appropriate application rate recommended in the soil test evaluation. 9-204: NOTICE REQUIREMENT: Retail businesses in Maplewood selling fertilizer shall post a notice in a conspicuous location near the fertilizer notifying customers of the limitation on the use of fertilizer containing phosphorus in Maplewood as outlined in this Chapter. 9-205: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter that address phosphorus levels in fertilizer, the City Council shall review this Chapter for possible revisions or repeal. 9-206: VIOLATIONS: For the first twelve (12) months following the effective date of this Chapter no penalty shall attach to its violation. Thereafter, a person violatingany provision of this Chapter shall be guilty of a petty misdemeanor and upon conviction shall be subject to the penalties imposed by Minnesota Statutes for petty misdemeanor offenses. SECTION 3:This ordinance shall go into effect six months after the City Council passes it. Passed by the Maplewood City Council on July 22, 2002.