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HomeMy WebLinkAboutOrdinance - 5-97 - Amending City Code Sec. 5.45 - Commercial Fertilizer Applicator - Labels - 02/04/1997 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY AMENDING SECTION 5.45, SUBDIVISION 6.D. RELATING TO POSSESSION OF LABELS FOR COMMERCIAL FERTILIZER APPLICATORS; AND AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.14, SUBDIVISION 3 RELATING TO RESTRICTIONS ON THE USE OF FERTILIZER THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The City Code is amended by amending Section 5.45, Subdivision 6.D. in its entirety as follows: "D. Possession of Labels. A copy of the label(s) , including product chemical analysis of the fertilizer(s) to be applied shall be in the possession of a person employed by a commercial fertilizer applicator when making fertilizer applications within the City. " Section 2. The City Code is amended by amending Section 9.14, Subdivision 3.B. by adding a subparagraph 4. as follows: 114. 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. " Section 3. The City Code is amended by amending Section 9.14, Subdivision 3.C. in its entirety as follows: "C. Impervious Surfaces. Apply fertilizer to impervious surfaces. " Section 4. 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 S. 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 4th day of February, 1997, and finally read and adopted and ordered publislied at a regular meeting of the City Council of said City on the day of Ma h, 97. C '1-erk M or PUBLISHED in the Eden Prairie News on the Z3 day of , 1997. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, TA ORDINANCE NO.. 5-97 Affidavit of Publication 5-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE. MINNESOTA, Southwest Suburban Publishing AMENDING CITY CODE CHAPTER 5 BY AMEND- ING RELATING SECTION 5.45.SUBDMSION6.D. State of Minnesota TO POSSESSION OF LABELS FOR )SS. COMMERCIAL FERTILIZER APPLI- CATORS; AND County of Hennepin AMENDING CITY CODE CHAP- TER 9 BY AMENDING SECTION 9.14, SUBDMSION 3 RELATING TO RESTRICTIONS Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of ON THE USE OF FERTILIZER the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated THE CITY COUNCIL OF THE as follows: CITY OF EDEN PRAIRIE, MINNE- (A)This newspaper has complied with the requirements constituting qualification as a legal ORDAINS: Section 1. The City Code is amended newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. by amending Section 5.45, Subdivision 6.D.in its entirety as follows: (B)The printed public notice that is attached to this Affidavit and identified as No.1& - 'D. Possession of Labels. A copy of was published on the date or dates and in the newspaper stated in the attached Notice and said the label(s), including product chemical Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of analysis of the fertilizer(s)to be applied the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both shall be in the possession of a person inclusive,and is hereby acknowledged as being the kind and s' of type used in the composition employed by a commercial fertilizer ap- and publication of the Notice: plicator when makinS fertiiim applica- tions within the City."Section 2.The Citv abcdefghijklmnopgrstuv x3 Code is amended by amending Section 9.14, Subdivision 3.B.by adding a sub- paragraph 4.as follows: "4. Phosphorus applied as lawn fer- tilizer pursuant to subparagraphs 2.and 3. V St6kolfsru ,General Manager above shall be watered into the soil to or his designated agent protect it from loss by runoff." Section 3. The City Code is amended Subscribed and sworn before me on by amending Section 9.14, Subdivision 3.C.in its entirety as follows: ..C. Impervious Surfaces. Apply fertilizer to impervious surfaces."Section this/,& ay of , 1997 4.City Code Chapter 1 entitled"General Provisions and Definitions Applicable to GWEN L4. RADUENZ the Entire City Code Including Penaltyfor NOTARY aUEUC—MINNEZOTA Violation" and Sections 599 d 9.99 MY MISSION EXPIRES 1-31-0D an - COMMISSION` entitled"Violation a Misdemeanor"are pop hereby adopted in their entirety,by refer- ence,as though repeated verbatim herein. 4Notaryblic Section5.This ordinance shallbecome 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 4th day of February, 1997, and RATE INFORMATION finally read and adopted and ordered pub- Lowest classified rate paid by commercial users for comparable space....$16.00 per column inch lished at a regular meeting of the City Council of said City on the 4th day of Maximum rate allowed by law for the above matter...............................$16.00 per column inch March. 1997. Rate actually charged for the above matter.............................................$5.05 per column inch /s/John D.Frane City Clerk /s/Jean L.Harris Mayor (Published in the Eden Prairie News on Thursday,March 13, 1997;No.7622)