HomeMy WebLinkAboutOrdinance - 13-2004 - Amending City Code Chapters 5 & 9 Relating to the Licensing of Commercial Fertilizer Applicators - 04/27/2004 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 13-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTERS 5 AND 9 BY REPEALING SECTION 5.45 RELATING TO
THE LICENSING OF COMMERCIAL FERTILIZER APPLICATORS; REPEALING
SECTION 9.14 REGARDING RESTRICTIONS RELATING TO THE USE OF
FERTILIZER; AMENDING SECTION 9.15 REGARDING RESTRICTIONS
RELATING TO THE SALE OF LAWN FERTILIZER; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. City Code Section 5.45 is repealed.
Section 2. City Code Section 9.14 is repealed.
Section 3. City Code Section 9.15, Subd. 2A is deleted in its entirety and replaced with the
following:
A. Person: Person means an individual, firm, partnership, association or private
corporation.
Section 4. City Code Section 9.15, Subd. 3 is amended by deleting subsection 4 in its
entirety and renumbering the subsection accordingly.
Section 5. City Code Section 9.15, Subd. 4, is amended by deleting the second sentence of
the subdivision.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 9.99 entitled
"Violation and Misdemeanor" are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
Section 7. 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 13th
day of April, 2004, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 27th day of April, 2004.
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Kathleen Porta, City Clerk Ron Case,(Acting Mayor
PUBLISHED in the Eden Prairie Sun Current on (Q 52004.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO. 13-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE
CHAPTERS 5 AND 9 BY REPEALING SECTION 5.45 RELATING TO THE LICENSING OF
COMMERCIAL FERTILIZER APPLICATORS; REPEALING SECTION 9.14 REGARDING
RESTRICTIONS RELATING TO THE USE OF FERTILIZER; AMENDING SECTION 9.15
REGARDING RESTRICTIONS RELATING TO THE SALE OF LAWN FERTILIZER; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH,AMONG
OTHER THINGS, CONTAIN PENALTY PROVISONS.
The following is only a summary of Ordinance No. 13-2004. 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 Ordinance is to repeal City Code Section 5.45 relating to the licensing of
commercial fertilizer applicators and City Code Section 9.14 which includes restrictions relating to the use
of fertilizer since both Sections conflict with recently amended state statutes regarding the regulation of
phosphorous-containing fertilizers. Further, the Ordinance amends City Code Section 9.15 regarding
restrictions relating to the sale of lawn fertilizer by adding a definition of "person", removing the
requirement of providing a copy of City Code Section 9.14 with all sales and to clarify penalty provisions.
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 affect upon publication.
ATTEST:
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Kathleen Porta, City Clerk Ron Case,Acting Mayor
PUBLISHED in the Eden Prairie Sun Current on �/ , 2004.
newspapers
AFFIDAVIT OF PUBLICATION
TAT E OF M I N N ESOTA) City of Eden Prairie
(Official Publication)
SS. CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
OUNTY OF CARVER) SUWnL4RY OF ORDINANCE NO.13-2004
AN ORDINANCE OF THE CITY OF EDEN
pp 4HM,DUNNESOTA,AMENDING CITY CODE
:chard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief CHAPTERS 5 AND 9BYREPEALINGSECTION
5.45 RELATING TO THE LICENSING OF
nancial Officer of the newspaper known as Sun-Current and C� FERTI IIZER
REPEALING 9.14
APPLICATORS;
is full knowledge Of the facts stated below: RESTRICTIONS RELATING TO THE USE OF
FERTILIZER-AMENDING SECTION 9.15
REGARDING RESTRICTIONS RELATING TO THE
�)The newspaper has complied with all of the requirements constituting qualification as SALE OF LAWN FERTILIZER;AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND
a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other
SECTIOCONTAIN P�AMONG OT ER TAGS,
S.
applicable laws, as amended. The following is only a summaryofOrdinance No.13-2004.
The full text is available for public inspection by any per-.
i son during regular office hours at the Office of the City
The printed public notice that is attached was published in the newspaper once each Clerk.
week, for one successive weeks;it was first published on Thursday, the 6 day The purpose of the Ordinance is to repeal City Code Sec-
tion 5.45 relating to the licensing of commercial fertilizer
applicators and City Code Section 9.14 which includes re-
of May 2004, and was thereafter printed and published on every Thursday strictions relating to the use of fertilizer since both Sec-
to and includingThursday, the day Of Sec-
tions conflict with recently amended state statutes re-
y, y 2004; and printed below gardingtheregulationof phosphorous-containing fertiliz-
ers.Further,the Ordinance amends city Code Section 9.15
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby regarding restrictions relating to the sale of lawn fertiliz-
er by adding a definition of person",removing the re-
quirement of providing a copy of City Code Section 9.14
acknowledged as being the size and kind of type used in the composition and publics- with all sales and to clarify penalty provisions. TheOrdi- ;
nance incorporates,by reference,City Code Chapter 1 and
tion of the notice: City Code Section 9.99,which contain definitions and pro-
visions relating to penalties.
abcdefghijklinnopgrstuvwxyz WeetiveDate:This Ordinance shall take effect upon pub-
lication.
Nancy Tyra-Lukens,Mayor
Attest: Kathleen Ports,City Clerk
BY: PUBLISHED in the Eden Prairie Sun Current on May 6,
_
2004.
CFO (A full copy of the text of this Ordinance is available from .
City Clerk.)
(May 6,200404113-2004 summary
)bscribed and sworn to or affirmed before me
this 13th day of May 2004.
r7 �_
)tary Public
MARY ANN CARLSON
NOTARY PUBUC-MINNESOTA
MY COMMISSION EXPIRES 1-31.09
i
RATE INFORMATION
I Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
Maximum rate allowed by law $ 6.20 per line
Rate actually charged $ 1.40 per line