HomeMy WebLinkAbout00-15
AN ORDINANCE AMENDING SECTION 600
OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain:
Section 600 of the Prior Lake City Code is hereby amended to read as follows:
Subsections:
607,100:
607.200
607.300
607.400
607.500
607.600
607.700
607,100:
607,200:
SECTION 607
LAWN FERTILIZER APPLICATION CONTROL
Purpose
Definitions
Regulations for Commercial Lawn Fertilizer Applicators
General Regulations
Exemption to Phosphorous Requirement
Penalty
Effective Date
Purpose: The City has reviewed existing data related to the water quality of Prior Lake.
The data indicates that lake water quality may be maintained and improved if the City is
able to regulate the amount of lawn fertilizer entering the lake as a result of storm water
runoff or other causes. Excessive nutrient loading leads to excessive aquatic vegetation
and reduced transparency. 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.
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.
16200 Eaale Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
R:\ORDINAN0.2000\OO-IS.DOC
AN EQUAL OPPORTUNITY EMPLOYER
607.300:
607.301
607.302
607.303
Regulations for Commercial Lawn Fertilizer Applicators:
License Reauired: 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.
License Application Procedure: Applicants for a commercial lawn fertilizer applicator
license shall be submitted to the City Manager or a designee. The application shall be on
a form provided by the City and contain at a minimum of the following information:
(1) Application Form. Applications forms shall be provided by the City and shall include
the following instructions:
. Name, address and telephone number of applicant and any individuals
authorized to represent the applicant.
. Description of lawn fertilizer formula proposed to be applied an lawns within
the City.
. A time schedule for application of lawn fertilizer and identification of weather
conditions acceptable for lawn fertilizer application.
(2) Product Material Safetv 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.
(3) Minnesota State Licenses. A copy of all licenses required of the applicant by the
State of Minnesota regarding the application of pesticides and fertilizers.
(4) License Fee. An applicator license fee for each commercial business shall be Fifty
Dollars ($50.00) or as determined or as established by the City Council. The license
shall expire on the 31st day of December. The license fee shall not be prorated.
(5) Other Information. Such other information as the City Manager may deem
necessary to making an informed decision concerning whether to issue a license to
the applicant.
Conditions of License: Commercial lawn fertilizer applicator licenses shall be issued
subject to the following conditions which shall be specified on the license form:
(1) 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.
(2) Possession of License. The commercial lawn fertilizer license, or a copy thereof
shall be in the possession of any party employed by the commercial lawn fertilizer
applicator when making lawn fertilizer applications within the City.
R:\ORDINANCI2000\OO-lS.DOC
607.400:
607.401
607.402
607.403
607.404
607.405
607.500:
(3) 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.
(4) State Reaulations. 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.
General Regulations.
Time of ADDlication: No person, commercial applicator or noncommercial applicator
may apply lawn fertilizer when the ground is frozen or when conditions exist which will
promote or create storrnwater runoff.
Sam Die Analvsls 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.
Fertilizer Content: No person, commercial applicator or noncommercial applicator shall
apply any lawn fertilizer, liquid or granular, within the City of Prior Lake which contains
any amount of phosphorous or other compound containing phosphorous, such as
phosphate, exceDt:
(1) the naturally occurring phosphorous in unadulterated natural or organic fertilizing
products such as yard waste compost
(2) or as otherwise provided in Section 607.500.
ImDervious Surfaces and Drainaae Ways:
noncommercial applicator shall apply fertilizer
drainage ditches, or waterways.
No person, commercial applicator or
to impervious surfaces, areas within
Buffer Zone: No fertilizers and pesticides regardless of whether it contains phosphorus
shall be applied:
(1) below the Ordinary High Water lines as established by the Minnesota Department of
Natural Resources; or
(2) within fifteen (15) feet of any wetland or water resource.
Exemption to Phosphorous Requirement: The limitation pertaining to quantity of
phosphorous shall not apply to:
(1) newly established or developed turf and lawn areas during the first growing season;
or
(2) 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
R:\ORDINANC\2000\OO-IS.DOC
607.600
607.700
607.800
607,900
phosphorous and the appropriate application rate recommended in the soil test
evaluation.
Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions
shall be watered into the soil where it is mobilized and generally protected from loss
by runoff.
At least 24 hours prior to applying lawn fertilizer that exceeds the phosphorus limits
as specified in this subsection, 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.
Penalty: Any person or business violating any provision of this Section shall be guilty of
a petty misdemeanor and upon conviction thereof shall be punished by a fine of not more
than seven hundred dollars ($700.00) The City may revoke a commercial applicator's
license for repeat violations of this Chapter.
Revocation: The City manager may revoke a commercial applications license upon
finding that there has been a violation of this Chapter. The City manager shall provide a
license with ten (10) days written notice that the City manager intends to revoke the
license. The notice shall state the violation and provide a factual basis for the
determination. The license may, within the ten (10) day notice period, request a hearing
before the City Manager to present facts why the licensee's license should not be
revoked. The City Manager shall meet with the appellant within five (5) business days of
receiving the licensee's notice requesting reconsideration of the revocation decision. The
meeting with the licensee shall consist of the City Manager and a department head
designated by the City Manager to observe and document the discussion between the
licensee and the City Manager. The licensee may be accompanied by any individual who
has evidence to support the licensee's claim that the licensee has not violated any
provision set out in this Section.
Effective Date: For noncommercial applicators this Section shall become effective upon
its due passage and enactment and publication according to law. For commercial
applicators this Section shall become effective January 1, 2001.
Severability: If any provision of this ordinance is deemed unenforceable by a court of
competent jurisdiction, the remaining provisions shall not be invalidated.
Passed by the City Council of the City of Prior Lake this 7th day of August, 2000.
ATTEST:
Frank Boyles, City Manager
Wesley Mader, Mayor
Published in the Prior Lake American on the 26th day of AUQust, 2000 by summary ordinance.
Drafted By: City of Prior Lake, 16200 Eagle Creek Avenue S.E., Prior Lake, MN 55372
R:\ORDINANC\2000\00-IS.DOC