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Home My WebLink About339 . .. , . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 339 AN ORDINANCE SUMMARY ESTABLISHING REGULATIONS FOR THE SALE OF LAWN FERTILIZER On the 8th day of July, 2002, the Arden Hills City Council adopted Ordinance #339, and by five (5) affirmative votes pursuant to Minn. Stat. g412.191, Subd. 4, directed that a summary of the Ordinance be published. The adoption of Arden Hills Ordinance #339 will become effective the day following publication ofthe Ordinance Summary. A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator, 1425 West Highway 96, Arden Hills, Minnesota 55112. . ATTEST: JOE LYNCH, CITY ADMINISTRATOR DENNIS PROBST, MAYOR (facsimile) (facsimile) AFFIDAVIT REQUIRED . r - CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 339 AN ORDINANCE SUMMARY FOR AN ESTABLISHING REGULATIONS FOR THE SALE OF LAWN FERTILIZER On the 8th day of July, 2002, the Arden Hills City Council adopted Ordinance #339, and by affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4, directed that a summary of the Ordinance be published. The adoption of Arden Hills Ordinance #339 wi]] become effective the day following publication ofthe Ordinance Summary. A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator, 1425 Highway 96, Arden Hills, Minnesota 55112. . ATTEST: ~ IS PROBST, MAYOR Publication Date: Published on the of ,2002. . - CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 339 AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SALE OF LAWN FERTILIZER Section 339.01 - GENERAL Subd. 1. Title. This Chapter shall be known, cited and referred to as the "Arden Hills Lawn Fertilizer Regulations" Subd. 2. Purpose and Intents. The City has in the past convened a Water Quality Task Force 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. . Subd. 3. Statutory Authorization. This Chapter shall be adopted pursuant to the authorization contained in furtherance of the policies declared in Minnesota Statutes Chapters 103F and 462 and Minnesota Rules Parts 6120.2500-6120-3900. Subd. 4. Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City, and its City Council, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Subd. 5. Abrogation and Greater Restrictions. It shall not be intended by this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. Section 339.02 - DEFINTIONS Subd. 1. Definitions. A. 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. . Ordinance #339 Page 1 . Section 339.03 - GENERAL REGULATIONS Subd. 1. Sale of Fertilizer Containing Phosphorous. Effective 31 July 2002, no person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the city of Arden Hills that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: A. Effective 31 July 2002. Small quantities of such fertilizer may be sold for use for the following as allowed by Minnesota State Statute: 1. a tissue, soil, or other test be a laboratory or method approved by the Minnesota Commissioner of Agriculture and performed within the last three years indicates that the levels of available phosphorous in the soil is insufficient to support health turf growth; 11. the property owner or agent is first establishing turf via seed or sod procedures, and only during the first growing season; or iii. the fertilizer containing the plant food phosphorous 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 Minnesota Commissioner of Agriculture. . Displays of lawn fertilizer containing phosphorous shall be limited to ten percent (10%) of the quantity of non-phosphorous lawn fertilizer on display at any given time. Use of lawn fertilizer containing phosphorous allowed under this section shall not exceed rates recommended by the University of Minnesota and approved by the Minnesota Commissioner of Agriculture. B. Effective 31 July 2002. Displays of such fertilizer must be clearly marked as containing phosphorous, and must be separated from the display of other fertilizers by no less than eight (8) feet. C. Effective 31 July 2002. For each sale of such fertilizer the seller shall provide the buyer with a copy of this Chapter of the Arden Hills City Code. Section 339.04 - PENALTY Subd. 1. Any person violating this Chapter shall be guilty of a petty misdemeanor. Effective Date: This ordinanee shall become effective the day following its publication. Adoption Date: Passed by the City Council of the City of Arden Hills the 8th day of July 2002. . Ordinance #339 Page 2 . . . ATTEST: P. LYNCH, CITY ADMINISTRATOR . . Ordinance #339 Page 3 --- ------- . -- ~ffibabit of ~ublitation i>tatt of .1Hinnt50ta } 55. ([ount)1 of 3L\am5t)1 TALLEY M. DORNBUSCH , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SHOREVIEW BULLETIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 339 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY, the 24TH day of JULY 20~ and was thereafter printed and published on every to and including the day of , 20~; 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: *ABCDEFGHIJKLMNOPQRSTUVWXYZ ~jJ6M' ~.t//?~ *ABCDEFGH IJKLMNOPORSTUVWXYZ *abcdefghijklmnopqrstuvwxyz TITLE Bookkeeper Subscribed and sworn to before me on J~ oa,"' ""': . ~O",,- --~.~ Notary Public *Alp~ .. e size and kind of type as the notice. i e TONYA R. WHITEHEAO ! ~\. NOTARY PUBUC-MINNESOTA ',t,.i MyComm, E'pi,es Jan.31. 2005 RATE INFORMATION l!l vvvvv..,.'V\^,,,,^^^'V\J'V'..~.I\I'fV\/V"Il\t',r\I\A"bfV"-:- (1 ) Lowest classified rate paid by commercial users for comparable space, . .. . . , . . , . . , . . . .. , . . .. . . . . $23.00 per col. inch (2) Maximum rate allowed by law for the above matter .. .. . . .. . .. .... . .. . $16.92 per col. inch (3) Rate actually charged for the above matter" . .. . ."" . .... $ per col. inch , 1/02 -" - -.-- . clT't OF ARDEN tlILLS ~ COUNf'/' OF ftAIISE't ST"'TE OF "'INNESOT'" OR~ NO. 339 AN 011 SUMMAII'! ESTABlJSHIIIG REGU\.AlIONS fOR THE SA\.E OF \.AWM F~ 00 thO 8th dBiI 01 JulY. 2Q02. thO - Hitls CiIV COuncil adOpted QrdI_ 11339. aod by jiVe (51 OtfinnoII"e - pursuent '" Minn. Stat. 1412.191. SUlJd. 4, directed ""at a sUmma:ry of t1'\8 O<<f- be publiSl1ed. ThO edOP'l<'" 01 _ HitIs 0rdI- '339 w'" _ome eft"'''''' I~e dBiI fo\IO'l'\ng publ\C8liO" 01 "'" 0rdI- summarY. Po. 00V1 01 thO 0Id- is evenableror ;~byOl"/~dUringrO\}Ul8' bUSiness hOUfS at the oftic8 of tne City A<\lfIInI"'-' 1425 'lid tIighY'8Y 96. AAl"" HI\I9. ~nnes<>'" 55112. \lOnn" ...- MaYO' "TrESC _ Lynch _-\ni- I I I ~ '2 ~ '2.\\\\2 , - n - ---- - - - ~ Rffibabit of J)ublir tiou RECEIVED AUG - 5 2002 ,*tatp of Alinurata CITY OF i ii_LS gg. ctCountp of Ramap TALLEY M. DORNBUSCH being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SHOREVIEW BULLETIN and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 339 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY, the 24TH day of JULY 2002 and was thereafter printed and published on every to and including 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: *ABCDEFGHIJKLMNOPORSTUVWXYZ *ABCDEFGHIJKLMNOPORSTUVWXYZ B *abcdefghij klm nopq rstuvwxyz LE Bookke r Subscribed and sworn to before me on this 24TH day of JULY 2002 Notary Public *Alp n the same size and kind of type as the notice. TONYA R.WHITEHEAD ■ NOTARY PUBUC-MINNESOTA My Comm Expires Jan.31,2005 RATE INFORMATION O Nd�M.nnn.hnnJrnMn 1MnhA,A n.n,q nn:v+n (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . $23.00 per col. inch (2) Maximum rate allowed by law for the above matter . . . . . . . . . . . . . . . $16.92 per col. inch (3) Rate actually charged for the above matter . . . . . . . . . . . . . . . . . . . . . $ per col. inch 1/02 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO.339 AN ORDINANCE SUMMARY ESTABLISHING REGULATIONS FOR THE SALE OF LAWN FERTILIZER On the 8th day of July,2002,the Arden Hills City Council adopted Ordinance #339, and by five (5) affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of the Ordinance be published. The adoption of Arden Hills Ordinance #339 will become effective the day following publication of the Ordinance Summary. A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator, 1425 West Highway 96, Arden Hills,Minnesota 55112, Dennis Probst Mayor ATTEST: Joe Lynch City Administrator