For the purpose of this ordinance, the following terms shall have the meanings set forth unless the context clearly indicates otherwise:
ADMINISTRATOR. City Manager or designee authorized to administer and enforce the provisions of this ordinance.
APPLICATION or APPLY. The actual physical deposit of fertilizer to turf, specialized turf, or landscape plants.
APPLICATOR. Any person who applies fertilizer on turf and/or landscape plants in the City of Palm Bay.
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.
CODE ENFORCEMENT OFFICER, OFFICIAL, OR INSPECTOR. Any designated employee or agent of the City of Palm Bay whose duty it is to enforce codes and ordinances enacted by the City of Palm Bay.
COMMERCIAL FERTILIZER APPLICATOR, except as provided in fla. stat. § 482.1562(9). Any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator.
FERTILIZE, FERTILIZING, OR FERTILIZATION. The act of applying fertilizer to turf, specialized turf, or landscape plants.
FERTILIZER. Any substance or mixture of substances that contains one (1) or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or prov ides 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 private, non-commercial or a 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, managers or employees 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).
LOW MAINTENANCE ZONE. An area a minimum of ten (10) feet wide adjacent to surface waters which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.
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 for any portion of Brevard County, issued by the National Weather Service, or if heavy rain is expected.
RESTRICTED APPLICATION PERIOD. The time period from June 1 to September 30.
SATURATED SOIL. A soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.
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.
SURFACE WATERS as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code). Waters on the surface of the earth, contained in bounds created naturally or artificially, including, the Atlantic Ocean, bays, bayous, sounds, estuaries, lagoons, lakes, ponds, impoundments, rivers, streams, springs, creeks, branches, sloughs, tributaries, canals, and ditches.
TURF, SOD, OR LAWN. A piece of grass-covered soil held together by the roots of the grass.
URBAN LANDSCAPE. Pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in Fla. stat. § 570.02.
(Ord. 2014-16, passed 5-15-14)