For this article, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise.
APPLICATION or APPLY. The actual physical deposit of fertilizer to turf or landscape plants.
APPLICATOR. Any person who applies fertilizer on turf and/or landscape plants within the town.
APPROVED BEST MANAGEMENT PRACTICES TRAINING PROGRAM. A training program approved by the town manager that includes, at minimum, the most current version of the Florida Department of Environmental Protection's “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008,” as revised and any more stringent requirements set forth in this article.
BEST MANAGEMENT PRACTICES. Turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies, and protecting natural resources.
COMMERCIAL FERTILIZER APPLICATOR. Any person who applies fertilizer on turf and/or landscape plants within the town in exchange for money, goods, services, or other valuable consideration.
CONTROLLED RELEASE. See SLOW RELEASE.
FERTILIZE, FERTILIZING, or FERTILIZATION. The act of applying fertilizer to turf, specialized turf, or landscape plants.
FERTILIZER. Any substance or mixture of substances, except pesticide/fertilizer mixtures such as “weed and feed” products, that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.
GUARANTEED ANALYSIS. The percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.
INSTITUTIONAL APPLICATOR. Any person, other than a non-commercial or commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. INSTITUTIONAL APPLICATORS shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites, and any residential properties maintained in condominium and/or common ownership.
LANDSCAPE PLANT. Any native or exotic tree, shrub, or groundcover (excluding turf).
LAWN. See TURF.
LOW MAINTENANCE ZONE. An area consisting of a minimum of twenty-five (25) feet in width, adjacent to water courses, which is planted and managed in order to minimize the need for fertilization, watering, mowing, and similar types of activities.
PASTURE. Land used for livestock grazing that is managed to provide feed value.
PERSON. Any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity.
PROHIBITED APPLICATION PERIOD. The time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning is in effect in any portion of the town, issued by the National Weather Service, or if heavy rain is likely.
RESTRICTED APPLICATION PERIOD. The time period beginning June 1st and ending September 30th of each calendar year.
SLOW RELEASE, CONTROLLED RELEASE, TIMED RELEASE, SLOWLY AVAILABLE, or WATER INSOLUBLE NITROGEN. Nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product.
SLOWLY AVAILABLE. See SLOW RELEASE.
SOD. See TURF.
TIMED RELEASE. See SLOW RELEASE.
TOWN MANAGER. The town manager of Melbourne Beach, or an administrative official of the town government designated by the town manager to administer and enforce the provisions of this article.
TURF, SOD, or LAWN. A piece of grass-covered soil held together by the roots of the grass.
WATER INSOLUBLE NITROGEN. See SLOW RELEASE.
(Ord. 2010-03, adopted 4-21-10; Am. Ord. 2014-07, adopted 6-18-14)