HomeMy WebLinkAboutCity Council Ordinance 1995-46ORDINANCE NO. 95-46
AN ORDINANCE AMENDING CHAPTER X AND XI OF
THE PLYMOUTH CITY CODE CONCERNING
LAWN FERTILIZER APPLICATION CONTROL
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. CHAPTER XI of Plymouth City Code is amended by adding
Section 1170 to provide:
1170 - Lawn Fertilizer Application Control
1170.01. Purpose. The City has conducted studies and has reviewed existing data to
determine the current and projected water quality of various lakes within its community. The
data indicates that lake water quality may be maintained and improved if the City is able to
regulate the amount of lawn fertilizer and other chemicals entering the lakes as a result of
storm water runoff or other causes. The purpose of this ordinance is to define regulations
which will aid the City in managing and protecting its water resources which are enjoyed by
its residents and other users.
1170.02. Definitions. For the purpose of this section, certain terms and words are
defined as follows:
"Commercial Applicator" is a person who is engaged in the business of applying
fertilizer for hire.
"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.
"Noncommercial Applicator" is a person who applies fertilizer during the course of
employment, but who is not a commercial lawn Fertilizer applicator.
"Pesticide" means a substance or mixture of substances intended to prevent, destroy,
repel, or mitigate a pest, and a substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant.
Lawn Fertilizer Application Control
1170.03. Regulations for Commercial Lawn Eertilizer Applicators
Subd. 1. License Required. No person, firm, corporation or franchise shall
engage in the business of commercial lawn fertilizer applicator within the City unless a license
has been obtained from the City Manager or a designee as provided herein.
Subd. 2. License Application Procedure Applicants for a commercial lawn
fertilizer applicator license shall be submitted to the City Manager or a designee. The
application shall consist of the following:
(a) Application Form. Applications forms shall be provided by the City and shall
include the following instructions:
(1) Name, address and telephone number of applicant and any individuals
authorized to represent the applicant.
(2) Description of lawn fertilizer formula proposed to be applied on lawns
within the City.
(3) A time schedule for application of lawn fertilizer and identification of
weather conditions acceptable for lawn fertilizer application.
(b) Product Material Safety Data Sheet. A copy of Material Safety Data Sheet,
including product chemical analysis of the intended lawn fertilizer, shall be
submitted to the City along with the initial application for a license, and,
thereafter, at least seven days before fertilizer composition changes are
implemented.
(c) Minnesota State Licenses. A copy of all licenses required of the applicant by
the State of Minnesota regarding the application of pesticides and fertilizers.
(d) License Fee. The license fee as established in Chapter 10 of the Plymouth City
Code. The license shall expire on the 31st day of December. The license fee
shall not be prorated.
Subd. 3. Conditions of License. Commercial lawn fertilizer applicator licenses
shall be issued subject to the following conditions which shall be specified on the license form:
(a) Random Sampling. Commercial lawn fertilizer applicators shall permit the
City to sample any commercial lawn fertilizer applications to be applied within
the City at any time after issuance of the initial license.
(b) Possession of License. The commercial lawn fertilizer license, or a copy
thereof shall be in the possession of any party employed by the commercial
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Lawn Fertilizer Application Control
lawn fertilizer applicator when making lawn fertilizer applications within the
City.
(c) Possession of Product Material Safety Data Sheet. A copy of product Material
Data Safety Sheet of the lawn fertilizer used shall be in the possession of any
party employed by the commercial lawn fertilizer applicator when making lawn
fertilizer applications within the City.
(d) State Regulations. Licensee shall comply with the provisions of the Minnesota
Fertilizer and Soil Conditioner Law as contained in Minnesota Statutes Sections
17.711 through and including 17.729 and amendments thereto. The licensee
shall also comply with the provisions of the Pesticide Control as contained in
the Minnesota Statutes Chapter 1813.
1170.04. General Regulations.
Subd. 1. Time of Application. Neither commercial applicators or noncommercial
applicators may apply lawn fertilizer when the ground is frozen or when conditions exist which
will promote or create runoffs.
Subd. 2. Sample Analysis Cost. The cost of analyzing fertilizer samples taken
from commercial applicators shall be paid by the commercial applicators if the sample
analysis indicates that phosphorus content exceeds the levels authorized herein.
Subd. 3. Fertilizer Content. Neither a commercial applicator nor a
noncommercial applicator shall apply any lawn fertilizer, liquid or granular, within the City of
Plymouth which contains any amount of phosphorous or other compound containing
phosphorous, such as phosphate, except:
(a) the naturally occurring phosphorous in unadulterated natural or organic
fertilizing products such as yard waste compost
(b) or as otherwise provided in Section 1170.05.
Subd. 4. Impervious Surfaces and Drainage Ways. No person shall apply
fertilizer to impervious surfaces, areas within drainage ditches, or waterways.
Subd. 5. Buffer Zone. Fertilizers and pesticides shall not be applied:
a) to any established natural buffer zones as outlined in City Wetland Ordinance
No. 95-2;
b) below the Ordinary High Water lines as established by the Minnesota
Department of Natural Resources; or
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Lawn Fertilizer Application Control
c) with ten (10) feet of any wetland or water resource.
Subd.6. Warning Signs for Pesticide Application. All commercial or
noncommercial lawn fertilizer applicators who apply pesticides to turf areas must post or affix
warning signs on the property where the pesticides are applied. The warning signs shall
comply with the following criteria and contain the following information:
(a) The warning signs must project at least eighteen (18) inches above the top of the
grass line. The warning signs must be of a material that is rain resistant for at
least a forty-eight (48) hour period and must remain in place up to forty-eight
(48) hours from the time of initial application.
(b) The following information must be printed on the warning signs in contrasting
colors and capitalized letters measuring at least one-half inch (1/2"), or in
another format approved by the Minnesota Commissioner of Agriculture. The
signs must provide the following information:
(1) The name of the business, entity, or person applying the pesticide; and
(2) The following language: "This area chemically treated. Keep children
and pets off until (date of safe entry)" or a universally accepted symbol
and text approved by the Minnesota Commissioner of Agriculture as
recognized as having the same meaning or intent as specified in this
subparagraph. The warning signs may include the name of the pesticide
used.
(c) The warning sign must be posted on a lawn or yard between two (2) feet and
five (5) feet from the sidewalk or street. For parks, golf courses, athletic fields,
playgrounds, or other similar recreational property, the warning signs must be
posted immediately adjacent to areas within the property where pesticides have
been applied and at or near the entrances to the property.
1170.05. Exemption to Phosphorous Requirement. The limitation pertaining to
quantity of phosphorous shall not apply to:
(a) newly established or developed turf and lawn areas during first growing season;
or
(b) turf and lawn areas which soil tests confirm are below phosphorous levels
established by the University of Minnesota Extension Services. The 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.
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Lawn FerldnerApplication Control
Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be
watered into the soil where it is immobilized and generally protected from loss by runoff.
At least 24 hours prior to applying lawn fertilizer that exceeds the phosphorus limits specified
in this Chapter, the City must receive notice from the commercial license applicator of the
lawn fertilizer application, the reason for exceeding the phosphorous limitations provided in
this Chapter and the amount of phosphorous contained in the lawn fertilizer to be applied.
1170.06. Penalty. Any person violating this Chapter shall be guilty of a petty
misdemeanor. The City may revoke a commercial applicator's license for repeat violations of
this Chapter.
SECTION 2. CHAPTER X of Plymouth City Code is amended by adding Section
1010.01 subd. 7 to provide:
Subd. 7. Commercial Lawn Fertilizer e
Applicator License
(a) $100.00, which includes the use of one vehicle
(b) $ 25.00 for each vehicle used in the application of Fertilizer in the City of
Plymouth in excess of first vehicle
SECTION 3. This ordinance shall be effective as of January 1, 1996.
ADOPTED by the City Council this 5th day of Sept. , 1995
Jgycel H. Tierney, Mayo
ATTESo o o�
Laurie F. Ahrens, City Clerk
Published: Sun Sailor, 9-27-95.
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