HomeMy WebLinkAbout2227-02 - ADMIN Ordinance - City Council - 2002/06/03•
ORDINANCE NO. 2227-02
AN ORDINANCE AMENDING CHAPTER 34: VEGETATION
TO INCLUDE ARTICLE IV: FERTILIZER SALES AND APPLICATION
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 34 of the St. Louis Park Ordinance Code, is hereby amended to
add a new Article IV as follows:
ARTICLE IV. FERTILIZER SALES AND APPLICATION
Sec. 34-210. Purpose.
Studies have determined that lake water quality is affected by the amount of lawn fertilizer and
other chemicals entenng the lakes as a result of storm water runoff or other causes. The purpose
of this ordinance is to define regulations which will aid the City in managing and protecting its
water resources which are enjoyed by its residents and other users.
Sec. 34-211. Definitions
(a) "Commercial Applicator" is a person who is engaged in the business of applying fertilizer
for hire.
(b) "Noncommercial Applicator" is a person who applies fertilizer dunng the course
of employment, but who is not a commercial lawn fertilizer applicator.
III (c) "Fertilizer" means a substance containing one or more recognized plant nutnents that is
used for its plant nutnent 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.
(d) "Commercial Retailer" is any person, firm, corporation, franchise or commercial
establishment providing goods and services for sale to the general public.
Sec. 34-212. Regulations for Retail Sale of Commercial Lawn Fertilizers.
Commercial Retailers providing lawn fertilizers for sale to the general public are subject to the
following regulations:
(a) Phosphorous -free fertilizers shall be made available for sale in adequate amounts at all
locations in the City.
(b) Phosphorous -free fertilizer and fertilizer with phosphorous must be separately displayed
and clearly marked as to whether or not the fertilizer contains phosphorous.
(c) A sign or brochure containing regulations and information about use of fertilizers
containing phosphorous will be provided by the city and shall be prominently posted next
to any fertilizer display.
Sec. 34-213. Regulations for Lawn Fertilizer Applicators.
Commercial and non-commercial lawn fertilizer applicators are subject to the following
regulations:
(a) Lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer
applications to be applied within the City at any time.
Ordinance No. 2227-02 -2-
(b) All commercial or non-commercial lawn fertilizer applicators shall, upon request of the
City, produce a copy of the product Matenal Data Safety Sheet of the lawn fertilizer used
for any fertilizer application.
(c) Commercial and non-commercial lawn fertilizer applicators shall comply with the
provisions of the Minnesota Fertilizer and Soil Conditioner Law as contained in
Minnesota Statutes Sections 17.711 through and including 17.729 and amendments
thereto; and with Pesticide Control provisions as contained in the Minnesota Statutes
Chapter 18B.
(d) All commercial and non-commercial lawn fertilizer applicators who apply fertilizers to
turf areas must post or affix signs on the property where the fertilizer is applied. The
signs shall comply with the following cntena and contain the following information:
(1) The signs must project at least eighteen (18) inches above the top of the grass line.
The signs must be of a matenal that is ram resistant for at least a twenty-four (24)
hour penod and must remain in place up to twenty-four (24) hours from the time
of initial application.
(2) The following information must be legibly printed on the signs in letters no less
than 1/2 inch high:
(a) The name of the business, entity, or person applying the fertilizer; and
(b) The following language: "This area was fertilized on (date of fertilizer
application). For questions please call (phone number of business, entity
or person applying the fertilizer)". The signs may include the name of the
fertilizer used and indicate phosphorous content of the fertilizer.
(c) The sign must be posted on a lawn or yard between two (2) feet and five
(5) feet from the sidewalk or street. For parks, golf courses, athletic fields,
playgrounds, or other similar recreational property, the signs must be
posted immediately adjacent to areas within the property where fertilizer
has been applied and at or near the entrance to the property.
SECTION 2. Sections 34-210 through 34-212 shall take effect 15 days following
publication.
SECTION 3. Section 34-213 shall take effect Ja - . y 1, 2004
Reviewed for Administration
City Manager
Attest:
ty Clerk
A
opte. by/4Cie it j' Council June 3, 2002
May
Ap
ed as • -•• - on:
City Attorney
•
•
STATE OF MINNESOTA)
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newspapers
AFFIDAVIT OF PUBLICATION
COUNTY OF HENNEPIN)
Gene Carr, being duly sworn on an oath states or affirms, that he is the publisher of the news-
paper known as Sun -Sailor , and has full knowledge of the facts stat-
ed below
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A 07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks, it was first published on Wednesday, the 3 day of
July
, 2002, and was thereafter printed and published on every Wednesday to and
including Wednesday, the day of , 2002, and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being
the size and kind of type used in the composition and publication of the notice:
Subscribed and swor
o_nthis day of
abcdefghijklmnopqrstuvwxyz
or affirmed efore me
2002.
BY:
President and Publisher
Nota.ublio����d
MERIDEL M HEDBLOM
NOTARY PUBLIC MINNESOTA
MY COMMISSION EXPIRES 1 31 2005
r
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
$ 2.85 per line
$ 6 20 per line
$ 1 40 per line
City of St. Louis Park
(Official Pubhcation)
SUMMARY
ORDINANCE NO. 2227-02
AN ORDINANCE AMENDING CHAPTER 34: VEG-
ETATION TO INCLUDE ARTICLE IV: FERTILIZ-
ER SALES AND APPLICATION
This ordinance states that retailers who sell lawn fertiliz-
ers must provide adequate amounts of non -phosphorous
fertilizers alongside phosphorus containing fertilizers
Also, at fertilizer display area, said retailers must also pro-
vide educational materials that will assist residents in
making responsible choices about fertilizers A second part
of the ordinance requires that signs be posted at sites when
fertilizer is applied by commercial and non-commercial ap-
plicators The intent of this section of the ordinance is to
assist in enforcement of State Statute which bans use of
phosphorous containing fertilizer effective January 1,
2004
This ordinance shall take effect 15 days after publication
Adopted by the City Council July 1, 2002
Jeffrey W Jacobs /s/
Mayor
A copy of the fuI1 text of this ordinance is available for in-
spection with the City Clerk
4uly 3, 2002)A3/Ord 2227-02