(A) The city finds and determines that data indicate that water quality of lakes, ponds, rivers and streams and other waters may be maintained or improved where the city regulates the amount of lawn fertilizer and other chemicals entering such waters as a result of storm water runoff or other causes. The purpose of this section is to set forth regulations which will restrict the amount of fertilizers containing phosphorous which may be applied within the city.
(B) No person, firm, corporation, franchise, or a commercial or non-commercial applicator, including a homeowner and renter, shall apply any lawn fertilizer, liquid or granular, within the city which contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except:
(1) The naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost; or
(2) As otherwise provided in division (C) below.
(C) (1) The prohibition against the use of phosphorous shall not apply to:
(a) Newly established or developed turf and lawn areas during first growing season;
(b) Turf and lawn areas which soil tests confirm are below phosphorous levels established by the University of Minnesota Extension Services; or (The lawn fertilizer application shall not contain an amount of phosphorous exceeding the amount of phosphorous and the appropriate application rate recommended in the soil test evaluation.)
(c) Heavy use sports turf areas.
(2) Phosphorous applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil where it is immobilized and generally protected from the loss of runoff.
(D) No person, firm, corporation, franchise or commercial establishment shall sell or display for sale any lawn fertilizer, liquid or granular, within the city that contains greater than 3% phosphorous or other compound containing phosphorous, such as phosphate, and in no event, unless:
(1) Phosphorous-free fertilizer is also available for sale;
(2) Phosphorous-free fertilizer and fertilizer with phosphorous are separately displayed with each display being clearly marked as to whether or not the fertilizer contains phosphorous; and/or
(3) A sign or brochure is on prominent display next to any fertilizer display containing the city’s regulations concerning the use of fertilizer with phosphorous.
(Ord. 798, passed 7-30-02) Penalty, see § 10.99