HomeMy WebLinkAboutord_1348CITY OF ROSEVILLE
OFFICIAL SUMMARY OF ORDINANCE NO. 1348
AN ORDINANCE AMENDING PORTIONS OF TITLE 4
AND ADDING SECTION 408.04 PESTICIDE
APPLICATION WARNING SIGNS
The City Comrcil of the City of Roseville adopted Ordinance No.1348 on May 21, 2007, which is
sununarized as follows:
The Roseville City Code is amended by adding a section requiring pesticide
application warning signs for commercial and certain non-commmercial applicators and
increasing the buffer distance prohibiting fertilizer application adjacent lakes and
wetlands and updating fertilizer content language to be consistent with current state
statute. The ordinance takes effect upon the publishing of this summary.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Manager at the Roseville City Hall, 2660 Civic Center Drive,
Roseville, Minnesota 55113. A copy of the ordinance and summary is also being posted at the
Reference Desk of the Roseville Branch of the Ramsey County Library, 2160 Hamline Avenue,
Roseville, Mn. 55113, and on the Internet web page of the City of Roseville
(www.ci.roseville.mn.us).
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Attest: i/®.J ~ 1~J Date: ~ ~ -2s~' 6
Wi ~ J. Malinen, City Manager
City of Roseville
ORDINANCE NO. 1348
AN ORDINANCE AMENDING
Chapter 408, Lawn Fertilizer
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1: Chapter 408 of the Roseville City Code is amended to read as follows:
SECTION:
408.01: Purpose
408.02: Commercial Applicator Regulations
408.03: General Regulations
408.04: Pesticide Application Warninzr 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 thirty (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.
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
thirty (30) days before fertilizer composition changes are implemented. Said
analysis shall be certified by an independent testing laboratory.
License Fee: The annual license fee for a commercial lawn fertilizer applicator
shall be one hundred dollars ($100.00). The license shall. expire on December 31.
The license fee shall not be prorated.
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.
State Regulations: Licensee shall comply with the provisions of the Minnesota
Fertilizer, aruJ Soil Amendment, and Plant Amendment''~~ Law as
contained in Minnesota Statute sections
~9 18C.001, et sea. and amendments thereto. (Ord. 1024, 11-23-87)
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.
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C. Phosphorus use restrictions:
1. A person may not apply a fertilizer containing the plant nutrient phosphorus to
turf except under conditions listed in para rag ph 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
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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 rg owing season; or
c. the fertilizer containing the plant food phosphorus is used on a eolf course
under the direction of a person licensed, certified, or approved bean
organization with an ongoin trg aining.pro rg am 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.
D. Impervious Surfaces: No person shall apply fertilizer to impervious surfaces.
E. Buffer Zone: Fertilizer applications shall not be made within ten fifty feet (~ 50 of any
wetland or water resource. (Ord. 1024, 11-23-87)
408.04: PESTICIDE APPLICATION WARNING SIGNS
A. Warning Siens Required: All commercial applicators who apply pesticides and non
commercial applicators who applespesticides 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 signns must project at least eighteen (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 ]east 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 Warningsigns must be posted on a lawn or yard between two (2) feet and five (5)
feet from the sidewalk or street. For marks, golf courses, athletic fields,
playgrounds or other similar recreational property, the warning signs must be
posted immediatel~adiacent to areas within the property where pesticides have
been applied and at or near the entrances to the property.
Ordinance Amending Portions of'I'itle 4 Adding Section 0.08.04
Pesticide Application Warning Signs
(SEAL)
ATTEST:
CITY OF ROSEVILLE
BY: r~~~
Craig .Klausing, Mayor
Will J. Malinen, City Manager