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Chapter 408 Lawn Fertilizer / Pesticides
SECTION:
408.01: Purpose
408.02: Commercial Applicator Regulations
408.03: General Regulations
408.04: Pesticide Application Warning Signs

408.01: PURPOSE:
The City has conducted studies 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 Section is to define regulations which will aid the City in maintaining and improving lake resources which are enjoyed by its residents and other users. (Ord. 1024, 11-23-87)

408.02: COMMERCIAL APPLICATOR REGULATIONS:
A. License Required: No person shall engage in the business of commercial lawn fertilizer applicator within the City unless a license has been obtained from the City Manager, as provided in subsection 408.02B.
B. License Application Procedure: Applications for a commercial lawn applicator license for a calendar year shall be submitted to the City Manager at least 30 days prior to the initial lawn fertilizer application each year within the City. The application shall consist of the following:
1. Application Form: Application forms shall be provided by the City and shall include the following information:
a. Name, address and telephone number of applicant and any individuals authorized to represent the applicant.
b. Description of lawn fertilizer formula proposed to be applied on lawns within the City.
c. A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application.
2. Fertilizer Sample: A chemical analysis of a sample of the lawn fertilizer shall be submitted to the City along with the initial application for a license and at least 30 days before fertilizer composition changes are implemented. Said analysis shall be certified by an independent testing laboratory.
3. License Fee: The annual license fee for a commercial lawn fertilizer applicator shall be as established by the City Fee Schedule in Section 314.05. The license shall expire on December 31. The license fee shall not be prorated. (Ord. 1379A, 11-17-2008)
C. Conditions of License: Commercial lawn fertilizer applicator licenses shall be issued subject to the following conditions which shall be specified on the license form:
1. Random Sampling: Commercial lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer application to be applied within the City at any time after issuance of the initial license.
2. Possession of License: The commercial lawn fertilizer application license, or a copy of such license, shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City.
3. State Regulations: Licensee shall comply with the provisions of the Minnesota Fertilizer, Soil Amendment, and Plant Amendment Law as contained in Minnesota Statute sections 18C.001, et seq. and amendments thereto. (Ord. 1024, 11-23-87) (Ord 1348, 5-21-2007)

408.03: GENERAL REGULATIONS:
A. Time of Application: Lawn fertilizer applications shall not be applied when the ground is frozen or between January 1 and April 15, and between November 15 and December 31.
B. Sample Analysis Cost: The cost of analyzing fertilizer samples taken from commercial applicators shall be paid by the commercial applicators if the same analysis indicates that the phosphate content exceeds the levels authorized in subsection 408.03C.
C. Phosphorus use restrictions:
1. A person may not apply a fertilizer containing the plant nutrient phosphorus to turf, except under conditions listed in paragraph 2.
2. Paragraph 1 does not apply when:
a. a tissue, soil, or other test by a laboratory or method approved by the commissioner and performed within the last three years indicates that the level of available phosphorus in the soil is insufficient to support healthy turf growth;
b. the property owner or an agent of the property owner is first establishing turf via seed or sod procedures, and only during the first growing season; or
c. the fertilizer containing the plant food phosphorus is used on a golf course under the direction of a person licensed, certified, or approved by an organization with an ongoing training program approved by the commissioner.
3. Applications of phosphorous fertilizer authorized under paragraph 2 must not exceed rates recommended by the University of Minnesota and approved by the commissioner. (Ord.1348, 5-21-2007)
D. Impervious Surfaces: No person shall apply fertilizer to impervious surfaces.
E. Buffer Zone: Fertilizer applications shall not be made within 50 feet of any wetland or water resource. (Ord. 1024, 11-23-87) (Ord.1348, 5-21-2007)

408.04: PESTICIDE APPLICATION WARNING SIGNS
A. Warning Signs Required: All commercial applicators who apply pesticides and non-commercial applicators who apply pesticides in parks, golf courses, athletic fields, playgrounds, or other similar recreational property, must post warning signs on the property where the pesticides are applied in accordance with Minnesota Statute Section 18B.09.
B. Sign Requirements:
1. Warning signs must project at least 18 inches above the top of the grass line.
2. Warning signs must be of a material that is rain-resistant for at least a 48-hour period and must remain in place at least 48 hours after the time of initial application.
3. Warning signs must contain the following information printed in contrasting colors and capitalized letters measuring at least one-half inch:
a. The name of the business organization, entity, or person applying the pesticide; and
b. The following language: “This area chemically treated. Keep children and pets off until _______________ (date of safe entry).”
4. The warning sign may include the name of the pesticide used.
5. Warning signs 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 entrances to the property.
(Ord. 1348, 5-21-2007)

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