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HomeMy WebLinkAboutOrdinance - 49-96 - Regulation of Lawn Fertilizer - City Code Sec. 5.45 & 9.14 - 11/19/1996 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 49-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.45 RELATING TO LICENSING OF COMMERCIAL LAWN FERTILIZER APPLICATORS; AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.14 RELATING TO RESTRICTIONS UPON THE USE OF LAWN FERTILIZER; AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 5 is amended by adding Section 5.45 to read as follows: "SECTION 5.45. COMMERCIAL FERTILIZER APPLICATORS. Subd. 1. Purpose. The City has reviewed studies and existing data to determine the current and projected water quality of various lakes within its community. The data indicate that lake water quality may be maintained and improved if the City is able to reduce the amount of phosphorus containing fertilizer entering the lakes as a result of storm water runoff or other causes. The purpose of this Section and Section 9.14 is to provide regulations which will aid the City in managing and protecting its water resources which are enjoyed by its residents and other users. Subd. 2. Definitions. For the purpose of this section, certain terms and words are defined as follows: A. "Commercial Fertilizer Applicator" is a person who is engaged in the business of applying fertilizer for hire. B. "Fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use 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. Subd. 3. License Required. It is unlawful for any person to engage in the business of commercial fertilizer applicator within the City without a license from the City. -1- Subd. 4. Exclusions. This Section does not apply to persons who apply fertilizer for normal and ordinary farming and agricultural operations. Subd. 5. License Application Procedure. Applications for a commercial fertilizer applicator license shall, in addition to - containing the information required by this Chapter, include: A. Formula. A description of the formula(s) of the fertilizer(s) proposed to be applied within the City. B. Time of Application. A time schedule for application of fertilizers) and identification of weather conditions acceptable for fertilizer applications. C. State Licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the application of fertilizers. Subd. 6. Conditions of License. Commercial fertilizer applicator licenses shall be issued subject to the following conditions: A. Random Sampling. Commercial fertilizer applicators shall permit the City to sample fertilizers to be applied within the City. The cost of analyzing fertilizer samples taken from commercial fertilizer applicators shall be paid by the commercial fertilizer applicator if the sample analysis indicates that phosphorus content exceeds the levels authorized herein. B. Possession of License. A commercial fertilizer applicator license, or a copy thereof, shall be in the possession of any person employed by a commercial fertilizer applicator when making fertilizer applications within the City. C. Possession of Product Material Safety Data Sheet. A copy of Product Material Safety Data Sheet of fertilizer used shall be in the possession of a person employed by a commercial fertilizer applicator when making fertilizer applications within the City. D. Possession of Labels. A copy of the label(s) , including product chemical analysis of the fertilizer(s) to be applied. E. State Regulations. Licensees shall comply with the applicable provisions of Minnesota Statutes 1994, Chapter 18C, as amended, which is adopted by reference. -2- F. City Regulations. Licensees shall comply with all applicable provisions of the City Code, including §9.14. G. Notice. At least 24 hours prior to applying fertilizer that contains phosphorus, licensees must notify City of the fertilizer application, the reason for applying phosphorous (which may be only those set forth in City Code Section 9.14) , and the amount of phosphorous contained in the fertilizer to be applied." Section 2. City Code Chapter 9 is amended by adding Section 9.14 to read as follows: "SECTION 9.14. RESTRICTIONS RELATING TO THE USE OF FERTILIZER. Subd. 1. Definitions. For the purpose of this Section, certain terms and words are defined as follows: A. "Commercial Fertilizer Applicator" is defined in Section 5.45. B. "Noncommercial Fertilizer Applicator" is a person who applies fertilizer during the course of employment, but who is not a Commercial Fertilizer Applicator. C. The definitions contained in Minnesota Statutes 1994, as §103E.005, Subd. 1, as amended, are adopted by reference. Subd. 2. Exclusions. This Section does not apply to persons who apply fertilizer for normal and ordinary farming and agricultural operations. Subd. 3. No Commercial Fertilizer Applicator or Noncommercial Fertilizer Applicator shall: A. Time of Application. Apply fertilizer when the ground is frozen or when conditions exist which will promote or create runoffs or between November 30 and April 1 of any year. B. Fertilizer Content. Apply fertilizer, liquid or granular, containing phosphorous or compound containing phosphorous, such as phosphate, except: 1. naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost; 2. upon newly established or developed turf and lawn areas during the first growing season; or -3- 3. upon turf and lawn areas which soil tests confirm are below phosphorous levels established by the University of Minnesota Extension Services. A lawn fertilizer application shall not contain an amount of phosphorous exceeding the amount of phosphorous and the appropriate application rate recommended in the soil test evaluation. C. Impervious Surfaces. Apply fertilizer to impervious surfaces. Phosphorus applied as lawn fertilizer pursuant to subparagraphs 2. and 3. above shall be watered into the soil to protect it from loss by runoff. Subd. 4. General Regulations. No person shall apply fertilizer to natural water courses, public water basins, wetlands or public waters below the ordinary high water level of any thereof or within ten (10) feet of the upland side of any thereof. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sections 5.99 and 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the --�-�== day of woomz&O , 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the k day of 1996. City yor PIIB SHED 'n t e Eden Prairie News on the /6") day of 1996. -4- CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.49-96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITYCODE CHAPTER 5 BY ADDING SECTION 5.45 RELAT- ING TO LICENSING OF COMMER- CIAL LAWN FERTILIZER APPLICA- TORS; AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION Affidavit of Publication 9.14 RELATING TO PSS'IRICHONS UPON THE USE OF LAWN FERTIL- Southwest Suburban Publishing IZER: AND, ADOPTING BY REFER- ENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 9.99 WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. State of Minnesota ) THE CITY COUNCIL OFTHE CITY OF EDEN PRAIRIE, MINNESOTA, )SS. ORDAINS: County of Hennepin ) Section 1. City Code Chapter 5 is amended by adding Section 5.45 to read Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of as follows: the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated SECTION 5.45. COMMERCIAL as follows: FERTILIZER APPLICATORS. (A)This newspaper has complied with the requirements constituting qualification as a legal Subd. 1. Purpose. The City has newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as reviewed studies and existing data to de- amended. termine the current and projected water quality ofvarious lakes within its commu- (B)The printed public notice that is attached to this Affidavit and identified as No. pity. The data indicate that lake water was published on the date or dates and in the newspaper stated in the attached Notice,and said quality may be maintained and improved Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of the p the City s able i reduce the amount of newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both phosphorus containing fertilizer entering inclusive,and is hereby acknowledged as being the d d size of a used in the composition the lakes as a result of storm water runoff y g g type p or other causes. The purpose of this and publication of the Notice: Section and Section 9.14 is to provide regulations which will aid the City in abcdefghij opqr yZ managing and protecting its water re- sources which areenjoyed by its residents and other users. Subd.2.Definitions.For the purpose By: A Z--s" of this section, certain terms and words SM Rolfsrud,General Manager are defined as follows: or his designated agent A. "Commercial Fertilizer Applica- tor" is a person who is engaged in the Subscribed and sworn before me on business of applying fertilizer for hire. B. "Fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plantnutrient , f G content and designed for use or claimed to day of 1996 NOT�J NZ WE ARY PUBLJG—MIN M. RADUENNENZ have value in promoting plant growth. '' MY COMMISSION EXPIRES OTA Fertilizer does not include animal and -31-00 vegetable manures that are not manipu- lated, marl, lime, limestone, and other of Public productsexempted by Rule by the Minne- ar rota Commissioner of Agriculture. Subd. 3. License Required. It is unlawful for any person to engage in the business of commercial fertilizer applica- tor within the City without a license from the City. Subd. 4. Exclusions. This Section does not apply to persons who apply fer- tilizer for normal and ordinary farming and agricultural operations. Subd.5. License Application Proce- dure. Applications for a commercial fer- tilizer applicator license shall,in addition RATE INFORMATION to containing the information required by this Chapter,include: A. Formula. A description of the Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch formula(s)of the Maximumrate allowed by law for the above matter...................................$16.00 per column inch fertilizer(s) proposed to be applied Rate actually charged for the above matter.............................................. S 7.67 per column inch within the City. B. Time of Application. A time schedule for application of fertilizer(s) and identification of weather conditions acceptable for fertilizer applications. C. State Licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the applica- tion of fertilizers. Subd.6. Conditions of License. Commercial fertilizer applicator licenses shall be issued subject to the following conditions: A. Random Sampling. Commer- cial fertilizer applicators shall permit the City to sample fertilizers to be applied within the City. The cost of analyzing fertilizer samples taken from commercial fertilizer applicators shall be paid by the commercial fertilizer applicator if the sample analysis indicates that phosphorus y B. Fertilizer Content. Apply content exceeds the levels authorized fertilizer, liquid or granular, containing herein. phosphorous or compound containing B. Possession of License. A phosphorous,such as phosphate.except: commercial fertilizer applicator license, 1. naturally occurring phosphorous or a copy thereof,shall be in the posses- in unadulterated natural or organic fertil- sion of any person employed by a com- izing products such as yard waste com- mercialfertilizer applicator when making post; fertilizer application within the City. 2. upon newly established or devel- C. Possession of Product Mate- oped turf and lawn areas during the fast rial Safety Data Sheet. A copyof Product growing season;or Material Safety Data Sheet fertilizer used 3. upon turf and lawn areas which shall be in the possession of a person soil tests confirm are below phosphorous employed by a commercial fertilizer ap- levels established by the University of plicator when making fertilized applica- Minnesota Extension Services. A lawn tions within the City. fertilizer application shall not contain D. Possession of Labels. A copy an amount of phosphorous exceeding the of the label(s),including product chemi- amount of phosphorous and the appropri- cal analysis of the fertilizer(s)to be ap- ate application rate recommended in the plied• soil test evaluation. E. State Regulations. Licensees C. Impervious Surfaces. Apply shall comply with the applicable provi- fertilizer to impervious surfaces. Phos- sions of Minnesota Statutes 1994,Chap- phorus applied as lawn fertilizer pursuant ter 18C,as amended,which is adopted by to subparagraphs 2.and 3.above shall be reference. watered into thesoil to protect it from loss F. City Regulations. Licensees by runoff. shall comply with all applicable provi- Subd.4. General Regulations. No sions of the City Code,including§9.14. person shall apply fertilizer to natural G. Notice. At least 24 hours prior water courses,public water basins, wet- to applying fertilizer that contains phos- lands or public waters below the ordinary phorus,licensees must notify City of the high water level of any thereof or within fertilizer application, the reason for ap- ten (10) feet of the upland side of any Plying phosphorous(which may be only thereof. those set forth in City Code Section 9.14), Section 3. City Code Chapter 1 and the amount of phosphorous contained entitled"General Provisions and Defmi- in the fertilizer to be applied." tions Applicable to fhe Entire City Code Section 2. City Code Chapter 9 is IncludingPenalty for Violation"and Sec- amended by adding Section 9.14 to read tions 5.99 and 9.99 entitled"Violation a as follows: Misdemeanor"are hereby adopted in their "SECTION 9.14. RESTRIC- entirety,byreference,as though repeated TIONS RELATING TO THE USE OF verbatim herein. FERTILIZER. Section 4. This ordinance shall Subd.1.Definitions.For thepurpose become effective from and after its pas- of this Section, certain terms and words sage and publication. are defined as follows: FIRST READ at a regular meeting A. "Commercial Fertilizer Appli- of the City Council of the City of Eden cator"is defined in Section 5.45. Prairie on the 19th day of November, B. "Noncommercial Fertilizer Ap- 1996, and finally read and adopted and plicator"is a person who applies fertil- ordered published at a regular meeting of izer during the course of employment,but the City Council of said City on the 3rd who is not a Commercial Fertilizer Appli- day of December,1996. cator. C. The definition's contained in fs/Jean L.Hams Minnesota Statutes 1994,as§103E.005, Mayor Subd.1,as amended,are adopted by ref- /s/John D.Frane erence. City Clerk Subd.2. Exclusions.This Section (Published in the Eden Prairie News on does not apply to persons who apply fer- Thursday,Dec.12,1996;No.7570) tilizer for normal and ordinary farming and agricultural operations. Subd.3. No Commercial Fertil- izer Applicator or NoncommercialFertil- izer Applicator shall: A. Time of Application. Apply fertilizer when the ground is frozen or when conditions existwhich willpromote orcreate runoffs or between November30 and April 1 of any year.