(A) Purpose and intent. The Town Council of the Town of Clear Lake finds that the lakes and streams within the town are a natural asset, which enhance the environmental, recreational, cultural and economic resources of the area and contribute to the general health and welfare of the public. The Town Council further finds that regulating the amount of nutrients and contaminants, including phosphorus contained in fertilizer, entering the Clear Lake watershed will improve and maintain lake water quality.
(B) Applicability. This section applies to all areas within the boundaries of the municipal Town of Clear Lake, Indiana.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USES. Beekeeping, dairying, egg production, floriculture, fish or fur fanning; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts, berries, sod fanning and vegetable raising.
FERTILIZER. A substance containing one or more recognized plant nutrients, which substance is used for its plant nutrient content and which is designed for use, or claimed to have value, in promoting plant growth. FERTILIZER does not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other materials exempted by this section.
LAWN FERTILIZER. Any fertilizer, whether distributed by property owner, renter or commercial entity, distributed for nonagricultural use, such as for lawns, golf courses, parks and cemeteries. LAWN FERTILIZER does not include fertilizer products intended primarily for garden or indoor use.
(D) Regulation of the use and application of lawn fertilizer.
(1) No person shall apply any lawn fertilizer within the town that is labeled as containing more than 0% phosphorus or other compound containing phosphorus, such as phosphate, except as provided in division (E) of this section.
(2) No lawn fertilizer shall be applied when the ground is frozen.
(3) No person shall apply fertilizer to any impervious surface including parking lots, roadways, and sidewalks. If such application occurs, the fertilizer must be immediately contained and either legally applied to turf or placed in an appropriate container.
(E) Exemptions. The prohibition against the use of fertilizer under division (D) of this section shall not apply to:
(1) Newly established turf or lawn areas during their first growing season;
(2) Agricultural uses, vegetable and flower gardens, or application to trees or shrubs; or
(3) Yard waste compost, bio-solids or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil.
(F) Sale of fertilizer containing phosphorus.
(1) No person or establishment shall sell or offer for sale any lawn fertilizer within the town that is labeled as containing more than 0% phosphorus, or other compound containing phosphorus such as phosphate, except such fertilizer may be sold for use as provided in division (E) of this section.
(2) No person or establishment shall display lawn fertilizer containing phosphorus within the town. Signs may be posted advising customers that lawn fertilizer containing phosphorus is available upon request for uses permitted by division (E) of this section.
(3) A sign containing the regulations set forth in this section and the effects of phosphorus on the town’s waters must be prominently displayed at the Town Hall.
(G) Enforcement. Violations of this section will be enforced by the town through any means allowed by law.
(H) Penalty. Any person who violates division (D) of this section in the application of fertilizer at his or her residence shall be subject to a forfeiture of $50 per violation. Any commercial fertilizer applicator, residential or commercial developer, industrial or commercial owner, or other person who violates division (D) of this section, or any person violates division (F) shall be subject to a forfeiture of $50 for the first violation within a 12-month period, $150 for the second violation within a 12-month period, and $300 for the third and each subsequent violation within a 12-month period.
(Ord. 2007-02, passed 6-11-07)