The city has considered expert testimony 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 chapter is to establish regulations that will aid the city in managing and protecting its water resources that are enjoyed by its residents and other users.
(1987 Code, § 310.01)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL APPLICATOR. A person who is engaged in the business of applying fertilizer for hire.
FERTILIZER. 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. A person who applies fertilizer during the course of employment, but who is not a commercial lawn fertilizer applicator.
PESTICIDE. 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.
(1987 Code, § 310.02)
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 Administrator/Clerk 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 Administrator/Clerk or a designee. The application shall consist of the following:
a. Application form. Application forms shall be provided by the city and shall include the following information:
(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. Minnesota state licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the application of pesticides and fertilizers;
c. License fee. The license fee as established in Chapter 13 of the City Code. The license shall expire on the last day of February. The license fee shall not be prorated.
d. Certificate of insurance. A copy of the applicator’s current certificate of insurance.
Subd. 3. Conditions of license. Commercial lawn fertilizer applicator licenses shall be issued subject to the following conditions that 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 lawn fertilizer applicator when making lawn fertilizer applications within the city;
c. Possession of Product Material Safety Data Sheet. The Product Material Data Safety Sheet of the lawn fertilizer used shall be in the possession of the commercial lawn fertilizer applicator.
d. State regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer, Soil Amendment and Plant Amendment Law, M.S. Chapter 18C, as it may be amended from time to time. The license shall also comply with the provisions of the Pesticide Control as contained in M.S. Chapter 18B.
(1987 Code, § 310.03) (Am. Ord. 391, passed 11-12-2002)
Subd. 1. Time of application. Neither commercial applicators nor noncommercial applicators may apply lawn fertilizer when the ground is frozen or when conditions exist that 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. No person, firm, corporation, franchise or commercial or noncommercial applicator, including homeowners or renters, shall apply any lawn fertilizer, liquid or granular, within the City of Shorewood that 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 § 310.05.
Subd. 4. Sale of fertilizer containing phosphorous. Effective 1 January 2003, no person, firm, corporation, franchise or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the City of Shorewood that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except:
a. Small quantities of the fertilizer may be sold for use as provided in § 310.05. Displays of lawn fertilizer containing phosphorous shall be limited to 10% of the quantity of non- phosphorous lawn fertilizer on display at any given time;
b. Displays of the fertilizer must be clearly marked as containing phosphorous and must be separated from the display of other fertilizers by no less than eight feet;
c. For each sale of the fertilizer the seller shall provide the buyer with a copy of this chapter of the Shorewood City Code.
Subd. 5. Impervious surfaces and drainage ways. No person shall apply fertilizer to impervious surfaces, areas within drainage ditches or waterways.
Subd. 6. Buffer zone. Fertilizers and pesticides shall not be applied:
a. To any established natural buffer zones as outlined in § 1102.06, Subd. 2 of this code.
b. Below the ordinary high water level of any lake as established by the Minnesota Department of Natural Resources; or
c. Within ten feet of any wetland or water resource.
Subd. 7. Warning signs for pesticide application. All commercial or noncommercial lawn fertilizer applicators that 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 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 48 hour period and must remain in place for at least 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 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 subsection. 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 feet and five 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 entrance to the property.
(1987 Code, § 310.04) (Am. Ord. 377, passed 1-14-2002)
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