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Home My WebLink AboutOrdinance - 21-2002 - Amending City Code Section 9.14 and adding 9.15 Restrictions Relating to the Sale of Fertilizer - 07/02/2002 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.21-2002 AN ORDINANCE OF THE EDEN PR AMIE CITY, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.14 RELATING TO RESTRICTIONS RELATING TO THE USE OF FERTILIZER; ADDING SECTION 9.15 RELATING TO RESTRICTIONS RELATING TO THE SALE OF FERTILIZER; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Section 9.14 is amended to read as follows: SECTION 9.14. RESTRICTIONS RELATING TO THE USE OF LAWN FERTILIZER Subd. 1. Purpose. The purpose of this Ordinance is to establish regulations that will aid the City in maintaining and improving lake resources within its jurisdiction, thus enhancing the enjoyment of the lakes by City residents and other users. Subd. 2. Definitions. The definitions contained Minnesota Statutes § 103E.005, subd. 1, as amended, are adopted by reference. For the purpose of this section, certain terms and words are defined as follows: A. Commercial Applicator: a person who is engaged in the business of applying fertilizer for hire as defined in Section 5.45. B. Non-Commercial Applicator: a person who applies fertilizer during the course of employment,but who is not a commercial lawn fertilizer applicator. C. Person: "Person" means an individual, firm, partnership, association, or private corporation. Subd. 3. Exclusions. This section does not apply to persons who apply fertilizer for normal and ordinary farming and agricultural operations. Subd. 4. Regulations Relating to the Use of Fertilizers. No Commercial Applicator, Non- commercial Applicator or Person shall: A. Time of Application. Apply lawn 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, within the City of Eden Prairie that contains any amount of phosphorus or other compound containing phosphorus, such 1 as phosphate, to turf or lawn areas. The prohibition against use of fertilizer containing any quantity of phosphorus shall not apply to: 1. Newly established or developed turf and lawn areas during the first growing season; or 2. Turf and lawn areas that soil tests confirm are below phosphorus levels established by the University of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorus exceeding the amount of phosphorus in the appropriate application rate recommended in the soil test evaluation; or 3. Naturally occurring phosphorus in unadulterated natural fertilizer such as yard waste compost. Phosphorus applied as fertilizer pursuant to the aforementioned exemptions shall be watered into the soil where it is immobilized and generally protected from loss by runoff. C. Impervious Services and Drainage Ways. Apply fertilizer to impervious services, drainage ditches, or water ways. D. Buffer Zone. Apply fertilizers and pesticides below the ordinary high water level of water bodies as established by the Minnesota Department of Natural Resources, within 25 feet of any wetland or water resource, or within conservation easements. Subd. 5. Sample Analysis Cost. Any cost incurred in analysis of fertilizer samples from either commercial applicators or property owners shall be paid by the commercial applicator or property owner if the sample analysis indicates that the phosphorus content exceeds the levels authorized herein. Subd. 6. Penalty. Any person violating this section shall be guilty of a petty misdemeanor. The City may revoke a commercial applicator's license for repeat violations of this section. Section 2. City Code Section 9.15 shall read as follows: SECTION 9.15. RESTRICTIONS RELATING TO THE SALE OF LAWN FERTILIZER Subd. 1. Purpose. The purpose of this Ordinance is to establish regulations that will aid the City in maintaining and improving lake resources within its jurisdiction, thus enhancing the enjoyment of the lakes by City residents and other users. The provisions of Minnesota Statutes 2002, Chapter 18C, Fertilizer, Soil Amendment, and Plant Amendment Law, are hereby incorporated herein and adopted by reference. Subd. 2. Definitions. The definitions contained Minnesota Statutes § 103E.005, subd. 1, as amended, are adopted by reference. For the purpose of this section, certain terms and words are defined as follows: 2 A. Commercial Applicator: a person who is engaged in the business of applying fertilizer for hire as defined in Section 5.45. B. Fertilizer: 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. Effective July 31, 2002, no person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular,within the City of Eden Prairie that contains any amount of phosphorus or other compound containing phosphorus, such as phosphate,unless: 1. Phosphorus-free fertilizer is also for sale; 2. Phosphorus-free fertilizer and phosphorus-containing fertilizer are separately displayed with each display being clearly marked as to whether or not the fertilizer contains phosphorus; 3. Displays of phosphorus-containing fertilizers shall be limited to ten percent (10%) of the quantity of phosphorus-free fertilizer on display at any time; 4. For each sale of such fertilizer through January 2004, the seller shall provide the buyer with a copy of Section 9.14 of the Eden Prairie City Code; and 5. Fertilizer displays shall include signage providing information on phosphorus. All signage must be pre-approved or provided by the City on request. Subd. 4. Penalty. Any person violating this section shall be guilty of a petty misdemeanor. The City may revoke a commercial applicator's license for repeat violations of this section. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" is hereby adopted in its entirety by reference as though repeated verbatim herein. Section 4. This Ordinance shall take effect from and after its publication as required by law. ADOPTED BY THE CITY COUNCIL this 2nd day of July, 2002. Kat een Porta, City Clerk 6yra uken , ayor 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO.21-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.14 RELATING TO RESTRICTIONS RELATING TO THE USE OF FERTILIZER; ADDING SECTION 9.15 RELATING TO RESTRICTIONS RELATING TO THE SALE OF FERTILIZER; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The following is only a summary of Ordinance No.21-2002. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The purpose of the amendment and the new section is to bring the City in compliance with recently passed state regulations regarding fertilizers. The ordinance amends City Code Section 9.14 relating to restrictions relating to the use of lawn fertilizers by adding a purpose,new definitions,and a list of exemptions while expanding the general regulations to include homeowners and renters. The ordinance also adds City Code Section 9.15 relating to restrictions relating to the sale of lawn fertilizers to regulate the sale of fertilizer with phosphorus. The ordinance incorporates, by reference,City Code Chapter 1 and City Code Section 9.99,which contain definitions and provisions relating to penalties. Effective Date: This Ordinance shall take effect upon publication ATTEST: 1akA . ' Kath een A. Porta, City Clerk N cy -L ns,M PUBLISHED in the Eden Prairie News on // '2*"' Affidavit of Publication Southwest Suburban Publishing CITY OF EDEN PRAIRIE State of Minnesota ) HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. )SS. 21-20E County of Hennepin AN ORDINANCE OF THE CITY tY p. OF EDEN PRAIRIE, MINNESOTk AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.14 RELATING TO RESTRICTIONS. Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of RELATING TO THE USE OF the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated FERTILIZER;ADDING SECTION 9.15 as follows: RELATING TO RESTRICTIONS (A)This newspaper has complied with the.requirements constituting qualification as a legal RELATING TO THE SALE OF' FERTILIZER; AND ADOPTING BY� newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as REFERENCE CITY CODE CHAPTER amended. 1 AND SECTION 9.99 WHICH, (B)The printed public notice that is attached to this Affidavit and identified as No9 t� „l AMONG OTHER THINGS,CONTAIN was published on the date or dates and in the newspaper stated in the attached Notice and said PENALTY PROVISIONS Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of The following is,only a summary of the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both Ordinance or public in2. The full text y inclusive,and is hereby acknowledged as being the kind an i e of type used in the composition available for public inspection by any person during regular office hours at the and publication of the Notice: office of the City Clerk. abcdefghijklmnjBy wx The purpose of the amendment and the new section is to bring,the City in compliance with recently passed state regulations regarding fertilizers. The ordinance amends City Code Section 9.14 t olfsru ,Gener anager relating to restrictions relating to the use of j or his designated agent lawn fertilizers by adding a purpose,new i definitions,and a list of exemptions while Subscribed and sworn before me on ,expanding the general regulations to include homeowners and renters. The ordinance also adds City Code Section 9.15 relating 4_' to restrictions relating to the sale of lawn, this day of 2002 fertilizers to regulate the sale of fertilizer '' GW€N M.RADU�NZ 1 with phosphorus. The ordinance WMy NOTARYFUDLIC MINNESOTA incorporates, by reference, City Code Commission Expires Jan.31,.05 Chapter 1 and.City Code Section 9.99, which contain definitions and provisions relating to penalties. Effective Date: This Ordinance shall! Notary Public take effect upon publication j Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta,City Clerk (Published in the Eden Prairie News on! Thursday,July,112002;No:-3961) , RATE INFORMATION f Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch Maximum rate allowed by law for the above matter................................$20.00 per column inch Rate actually charged for the above matter................................................$10.23 per column inch