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HomeMy WebLinkAbout0873 Ord (Public Water Quality) . "" t, ," ORDINANCE NO. 873 CITY OF STILLWATER PUBLIC WATERS PROTECTION AN ORDINANCE FOR MANAGING PUBLIC WATER QUALITY IN THE CITY OF STILLWATER FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE, TO PRESERVE AND ENHANCE THE QUALITY OF SURFACE WATER, TO PRESERVE THE ECONOMIC, mSTORIC AND NATURAL ENVIRONMENTAL VALUES AND TO PROVIDE FOR THE WISE UTILIZATION OF WATER AND RELATED LAND RESOURCES. THE CITY COUNCIL OF THE CITY OF STILLWATER ORDAINS: SECTION 1 TITLE 1.1 Short Title. This Ordinance shall be known, cited and referred to as the City of Stillwater Public Waters Protection Ordinance; except as referred to herein, where it shall an amendment to be known as, "This Ordinance". SECTION 2 INTENT AND PURPOSE 2.1 Purpose. This Ordinance is adopted for the purpose of: (a) Regulating permitted uses in the City, and; regulating the use of certain lawn care practices. The use of certain lawn care practices within the City will be regulated to preserve and enhance the water quality of the lakes, ponds, wetlands, creeks and St. Croix River, prevent erosion into these water bodies, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, protect fish and wildlife habitat, and preserve the economic and natural environmental values of the surface waters and underground waters of the City. (b) Conserving and developing natural resources, and maintaining a high standard of environmental quality. SECTION 3 STATUTORY AUTHORIZATION AND POLICY 3.1 Statutory Authorization. This Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103 A-I, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. 3.2 Policy. The uncontrolled use of the waters and shorelands within the City, affects the public health, safety and general welfare by contributing to pollution of public waters and degradation of the environmental and aesthetic values and by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and general welfare to provide for the wise development, use, and conservation of the waters and shorelands within the City. The Minnesota legislature has delegated responsibility to local governments of the state to regulate the subdivision, development and use of shorelands of public waters and 1 .. thus to preserve and enhance the quality of surface waters, to manage the effects of shoreland crowding, to conserve the economic, historic and natural environmental values of shorelands, and to provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Stillwater. SECTION 4 GENERAL PROVISIONS AND DEFINITIONS 4.1 Jurisdiction. The provisions of this Ordinance apply to the entire City since all lands drain runoff or surface water directly or indirectly into the lakes or anyone of them, into Brown's Creek or it tributaries and into the St. Croix River. 4.2 Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 4.3 Severability. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 4.4 Abrogation and Greater Restrictions. This Ordinance is in addition to and not in lieu of other official controls adopted by the City Council ofthe City of Stillwater or the Minnesota Department of Natural Resources. Where the standards, regulations or provisions contained in this Ordinance are inconsistent or in conflict with the standards, regulations or provisions of the separate covenants running with the land in each of the developments described in Section 4.1, any provisions of the Minnesota Department of Natural Resources' Statewide Standards for Management of Shoreland Areas (7/3/89) (the "DNR Statewide Minimum Standards"), or the provisions of any other applicable covenants, statutes, rules, regulations or ordinances, the most restrictive provisions shall govern in order to preserve, protect and enhance the water quality, natural environmental economic and historic values and aesthetic beauty of the subwatersheds of the lakes. 4.5 Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. For the purpose of this Ordinance, the words "must and shall" are mandatory and not permissive. In the event of a conflict between any definition contained herein, in the DNR Statewide Minimum Standards, or in any other applicable covenant, statute, rule, regulation or ordinance, the most restrictive definition shall govern. (1) Buffer Zone. Buffer zone means the 90 foot wide strip of land, measured at a right angle to the shoreline or the Ordinary High Water Level, adjacent to every lake, pond, wetland, creek, river or standing water surface. (2) Lot. Lot means a parcel of land designated by plat, metes and bounds, registered land survey, auditor's plot, or other accepted means, and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.. (3) Pesticide. Pesticide means insecticides, herbicides and fungicides (4) Ouick-release Nitrol!en. Quick-release nitrogen means ammonium nitrate, ammonium sulfate, calcium nitrate, and urea. 2 (5) Shoreland. Shoreland means all land within the subwatersheds of any lake, pond, wetland, creek or river within the City. (6) Slow-release Nitrollen. Slow-release nitrogen means IBDU, sulfur-coated or resin-coated urea, ureaformaldehyde, and natural organics such as milorganite, ringer, sustane, manure, grass clippings, phosphate rock, and potash. SECTION 5 RESTRICTIONS 5.1 Fertilizers. (a) General Provisions: (1) Fertilizing is prohibited in the Buffer Zone and within 90 feet of any standing water surface. (2) Beyond the Buffer Zone, fertilizing is permitted subject to the restrictions set forth herein, but should be avoided if possible and minimized, in any event. (3) Fertilizing is prohibited when the ground is frozen and between November 15 and April 15. (4) Lot owners who fertilize should have their soil tested at least once every three years by a soil test laboratory such as the University of Minnesota to determine the proper amounts of nitrogen and potassium to be applied. (5) Fertilizer, yard waste or grass clippings must not be cast upon or applied to an imperious surface such as a driveway, sidewalk or street. If this material is inadvertently spilled upon such a surface it should be swept and cleaned from the surface. (b) Phosphorus: (1) General: Fertilizers containing phosphorus are prohibited unless the soil is demonstrably phosphorus-deficient as shown by a reliable soil test. If the soil is demonstrably phosphorus-deficient, phosphorus-containing fertilizer may be applied provided that phosphorus is applied only in the amount specified by the soil test or by written report from other competent professional based on the soil test. (2) New Lawns: If phosphorus is to be applied in lawn based on the results of a reliable soil test, the fertilizer must be incorporated into the soil seed bed before seeding or laying sod. (3) Record keeping: If phosphorus is applied, the Lot owner must provide copies of all soil test reports demonstrating the phosphorus deficiency in the soil and must provide copies of records reflecting the analysis and 3 amount of fertilizer applied to the City Forester and/or must, upon the City's request, provide samples of lawn fertilizer (large enough to permit laboratory testing) to be applied. (c) Nitrogen: (1) Application of more than 1 pound actual nitrogen per 1000 square feet of lawn per year on "low maintenance" lawns and of more than 3 pounds actual nitrogen per 1000 square feet of lawn per year on "high maintenance" lawns is prohibited on established lawns unless the Lot owner has a written recommendation from a competent professional for higher nitrogen applications based on a reliable soil test. (2) Only Slow-release Nitrogen organic fertilizer may be used. The use of Quick-release Nitrogen fertilizer is prohibited. (3) If nitrogen is applied at rates greater than those specified in Section 5.1 (c)( 1), the Lot owner must provide copies of the written recommendation required therein to the City Forester. (d) Regulations for Commercial Lawn Fertilizer Applicators: (1) License Required. No person, firm, corporation or franchise shall engage in the business of commercial lawn fertilizer application within the subwatersheds of the lakes in the City, unless a license has been obtained from the City Clerk as provided herein. (2) License Application Procedure. Applications for a commercial lawn fertilizer applicator license shall be submitted to the City Clerk. The application shall consist of the following: (i) Name, address and telephone number of applicant and any individuals authorized to represent the applicant. (ii) Description of lawn fertilizer formula proposed to be applied on lawns within the City. (iii) A time schedule for application oflawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application. (iv) Fertilizer Sample. A sample oflawn fertilizer must be submitted to the City along with the initial application for a license, and, thereafter, at least thirty (30) days before fertilizer composition changes are implemented. A sample submittal can be replaced by a chemical analysis certified by an independent testing laboratory. (v) License Fee. The license fee will be as designated, from time to time, by Stillwater City Council resolution. The license will expire on the 31st day of December. The license fee will not be prorated. 4 I.: ., . . . (vi) Performance Bond. A bond in the amount of $1,000.00 will be submitted with the application form. The bond will be conditioned upon compliance with the City's regulations. Actions to collect bond proceeds may not prevent the City from filing criminal complaints for ordinance violations. (3) Conditions of License. A commercial lawn fertilizer applicator license shall be issued subject to the following conditions which shall be specified on the license form: (i) Random Sampling. Commercial lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer to be applied within the subwatersheds of the lakes at any time after issuance of the initial license. (ii) Possession of License. The commercial law fertilizer applicator license or a copy thereof shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the subwatersheds of the lakes. (iii) State Regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer and Soil Conditioner Law as contained in Minnesota Statutes Section 17.711 through and including 17.729 and amendments thereto. (iv.) Compliance with City Regulations. The Licensee must abide by the restrictions on the use of fertilizers and pesticides that are contained in this ordinance. 5.2 Pesticides (Insecticides, herbicides, Fungicides and Other Chemicals). (a) The use of chemical pesticides in accordance with their label is permitted, but should be avoided as much as possible, because a regular cycle of chemical treatments stresses a lawn and makes it more susceptible to Pests and drought. (b) Before using chemical pesticides, the Lot owner must consult the Minnesota Extension Service, the Washington County Soil & Water Conservation District or other competent professional to diagnose properly the Pests, disease or other vegetative problem, and to determine if pesticide use is justified or if there are other control options. (c) When consultation as provided under subparagraph (b) has determined that pesticide use is warranted, a pesticide program may be implemented, provided that: (1) The Lot owner must use the least toxic and most readily degradable pesticide which will be effective. 5 . i. ,.' . . t- . " (2) The pesticide must be applied only and exactly as directed on the label. (3) Pesticide applications must be properly timed to maximize their overall effectiveness. (4) Pouring of excess pesticide on the ground or into the lakes or other surface waters is prohibited. (5) The Lot owner may purchase only the amount of pesticide necessary for the current season, and must dispose of unused pesticide and pesticide containers properly. SECTION 6 ENFORCEMENT 6.1 Enforcement. The City Council of the City of Stillwater IS responsible for the administration and enforcement of this Ordinance. 6.2 Violations and Penalties. Any violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable by a fine of not more than $700.00 or by imprisonment for not more than 90 days, or both, plus the costs of prosecution in any case. Violations ofthis Ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to this Ordinance. 6.3 Civil Remedies. This Ordinance may also be enforced by injunction, action for abatement, or other appropriate civil remedy, or by citation written and processed as an administrative proceedings in City Court SECTION 7 EFFECTUATION 7.1 Effective Date. Passed by the City Council on this 16th day of March, 1999. This ordinance will be in full force and effect from and after its passage and publication according to law, except that Section 6 Enforcement will not be in force or effect until:~~ ATTEST: ~-1{Ac~r(~ Published Stillwater Gazette 3/19/99 6 AFFIDAVIT OF PUBLICATION ~tillb.1ater ~bening ~a>ette day of Received Payment , 19 BUSINESS NAME Bill To: CITY OF STILLWATER 216 4TH. ST. N. STILLWATER, MN 55082 OjJLl:Y .19 q9 . ^^^^"./VVVVvvvWV\I\/\NvVVW..!\NV\I'.N'.l> ~ <,~ S ~ '> ((<.,-. -:.'\\'Hif-lLE'y' R IVER~ON ~ \r;;~~;:':;?l) ~., -. .\_. -. ~<~,:Y 1.J1.2COJ ~ ~ Vvv'i/'lV~'\,/'--/\/"./V'\/'v"'./\/,-.j'\I'/\lV'V',,'" v"VV\/v,^.I\I'V .. Ship To: CITY OF STILL WATER 216 4TH. ST. N. STILL WATER, MN 55082 State of Minnesota ) ) ss. ) County of Washington 00006072 Jml# PO Box 58, 102 S 2nd St, Stillwater, MN 55082; Phone 612/439/3130; FAX 612/439/4713 Mike Mahoney, being duly swom, on oath says that he is the Publisher or authorized agent and employee of the publisher of the newspaper known as Stillwater Evening Gazelle, and has full knowledge of the facts which are stated. A. The newspaper has complied with all of the requirements constftuling qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. 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 typed used in the composftion and publication of the notice. -_""""''''"''"''Y'. ~ BY:~ TRle: Pu . her Sub . dand / Date 3/25/99 Pages No. of Documents Col .# of Days Inches Published Total Amount DescriptlonlDates of Publlcalion Unit Rate 40 1 Days Pub. ORDINANCE NO. 873-CITY OF STILLWATER PUBLIC WORKS PROTECTION AN ORDINANCE FOR MANAGING PUBLIC WATER QUALITY IN lHE CITY OF STILLWATER FOR lHE PURPOSE OF PROMOTING HEALTH,SASFETY,ORDER, CONVENIENCE AND GENERAL WELFARE... 3/19 Affidavit will be sent Upon Receipt of Check !1 Maximum rate per column inch under Minnesota Law: $7.50 per 12-plca column. $3.80 inch ()IIIe- $152.00 $152.00 $0.00 $0.00 $152.00 $0.00 Total Amount $152.00 E!wl'Ililg GraIlfe.IlIIrc:h 1t, 1M OAfJNN'CENO. 873" a1Y~SIIJWIII1&Iruu:'MRCS~~ . AN ORDINANCE FOR MANAGING PUBLIC WATER QUAUTY IN THE CITY OF STILL- WATER FOR tHE PURPOSE OF flROMOT- lNGHEALTH, SAFETY, ORDER,CONVE- N1ENCEAND GENERAL WELFARe, TO PRESERVE AND ENHANCE THE QUAUTY OF SURFACE WATER, TO PRESERVE THE &COI'fOMlC, HISTORIC AND NATURAL ENVIRONMENTAL VALUES AND TO .PRo.. VIDE FOR THE WISE UTILIZATION OF WATER AND RELATED LAND RESOURCES. tHE CITY COUNCIL OF STILLWATER :mo.S: SECTION 1 TITLE ..1 Short Title. This Ordinance shall be :nown, cited and referred to .as the ,City of .~Iwater Public Waters Protection Ordinanc:e; except as referred to as the City of Stillwater Public Water Protection Ordinance; except as referred to herein, where it shali be an amend- menttQ be known as, "This Ordinance". SECTION 2 INTENT AND PURPOSE 2.1 .Purpose. This Ordinance is adopted for the purpose of: (a) Regulating permitleduses in the City, and; regulating the use of certain lawn care prac- tices. The use of certain lawn care practices within the City will be regulated to preserve and enhance, the water quality of the lakes ponds, _tlands, creeks and St. .croix Rivet, prevent erosiOn into these water' bodies, fix nutrients, preserve shoreland aesthetics, pre- serve historiC values, prevent bank slumping, prOtect fish and wildlife habitat, and preserve tie economic and natural environmental val- ues of the surface waters and underground ,-$Of the City. . (b) Conserving and developing natural '1'MOO1'CllS, and 'maintaining a high standard of environmental quality. . SECTION '3. STATUTORY "AUTHORIZATION AND pOliCY . 3.1 Statutory AuthorlzatiQn. This Ordinance is adopted pursuant to the authorization and policIes contained in Minnesota Statutes. Chapter 103 A-I, Minnesota Regulat'IOn.s, Parts 6120.2500-6120.3900., and the planning and zoning' enabling legislation in Minnesota Statutes, Chapter 462. 3.2 Pol~.. The uncontrolled use'of the waters and'shorelands within the City, affecl$the pub- lic health, safety and general welfare t>y con- tributing to pollution of public waters and degredatlon of the environmental arid aesthet. ic values by impairing the local tax base. Therefore, it is in the best interesl$ of the pub- lic health, safety and general welfare to provide . for the wise development, use, and co~rva. tion of the. waters and shorelands within the City. The Minnesota legislature has delegated reeponsibility to local governments of the 'State t9 regulate the subdivision, development and Use of shorelands of public waters and thus to preserve. and enhance the quality. of surface waters, to manage the effects of shoreland crowding, to conserve the economic, historic and natural environmental values of shore- lands, and to provide for the wise use of waters and related land resources. This resPQnSibility is hereby recognized by the City of Stillwater. SECTION 4 GENERAL. PROVISIONS AND DEFlNtTlONS 4.1 Jurisdiction. The provisions of this Ordinance apply to the entire City sinc~ all lands drain or runoff or surface water directly or Indirectly into the lakes or anyone of them, into Brown's Creek or its tributaries and into the St. Croix River. 4.2 Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall b8 liberally construed in favor of the gov. erning body and shali not be c:leemed a Iimitll- tion orrlipeal of any other powers granted by state statutes. ,U.~ If any MOtion, cl8_, provi- sion' or portion of this Ordinance is adjudged unco . al or in'o,Jid ItY a eeurt ofc~ ." .,.prohibiie<f unless ttie sOiiiS d&morl- tent I jurisdiction. the r~.".. thie ,... phosphorus.defici~nt as shownbylil' Ordi ance shall not be aflec..",,:tiqllfo.ll):- ;1\ ...... soil test. If the soH is demonstratnY U Abrotatkm and ....... A.,.-tllllll&. .~ ~rus-defk?ient, pho$phorus-contain- .This tdinanceis in addition to and not in Ileu \, int fllrtlllzer may be apPlied provided that of er.officlal t:onlrol$ aoopled by the CIlv.. phalphorusis applied only in the amount: tpou cll of the City of Stillwater or the '1 IIP8Clfied py the soil test or by written report ~inn sota Department of Natural ResOlllCe$. ,from other competent professional based on Whe e the stahdards, regulations or provn.lons the soil test. c:ont ined in this Ordinance are Inconsistent or (J)New I./lw",' If phosphorus is to be JI. '. nflict witl;l. the. Sill. ncfatds, ..regulations. . ..C?f. applied In la:.wn based Oll'thetesults ofa re.._. r. .". 'tJr nsotthe sepaMte covenantsrunnlnt ... lOll test. thefertilizetmust be incorp(ll. ;with the land in each of the developrnenls rated into the soil seed bed before seeding or ;, desc ibed in Sectibn 4.1, any provisions of Ihe laying aod. Min sota Department of Natural Resouroes (3) Record Keeoing' . If phosphorus is Sta wide Standards for Management of 8IflI\lll8d, the Lot owner must provide CoplQ Sho land Ares (7/3/98) (the "DNR Statewide of all soil test reports. demonstrating the Mini um Standards"), 6J the Provisions ohny Jlhost:lhorus deficiency In the soil and must othe appllcablecovenahts, statutes.. rule$" provide copies of records reflecting the regu ations of ordinances, the most restricfve analysis and amount of fertilizer applied to prov sions shall govern in order to preserve, the City Forester and/or must, upon the.. prot t and enhance the water quality, natural City's request, provide samples of lawn fertil" envi onmental economic and historic values izer (large enough to permit laboratory test- and esthetic beauty of the subwatersheds of ing) to be applied. ' the I kes. .. . (c) ~ 4.5 Definitions. Unless specifically defined (1) App4icaIion of lJlor$than 1 pOund actual.. belo , words or phrases used in this nitrogen per 1000 square feet of lawn per ! ('Ordi ance shall be interpreted so as to give ywon "low. maintenance" lawns and Qf the the same meaning as they heve in corn. morelhen 3 pounds actual nitrogen per 1000 lImo USllge and so as to give this Ordinanoe _ ..... fel!l1 of lawn per year on "high ~('~ mo reasonable application. For the purpoea tIinllnce" laWns' is prohibited on .establishe'd" 1 of t is Ordinance, the words "must and ahali" ... unless the Lot owner has awr/tten rec. ~re mantfatory and' not per,missive., In" omlMIldatiOn fiom a competent P\'Pfessional ..~~ t of a conflict between any definition CCll'I- for hlgher nltrogen applipalionaQlitsed on. a .in d herein, in the DNRStatewide Minimum ~ sOH test.. .:' ''tta dards, or in any other applicllbit (2) OnIV SIow-rel~ase Nitrogeni organic fer. COY nant,' statute, rule, regulation or ordl- lib may ba used.. The use of Quick- "an e, the most restrictive definition shall QOV ~ Nitrogen fertilizer isprel'liOOed. . .1'1.' ~. It nltrogen is applied at rates QfllIiter th811 :(1) Buffer Zone. Buffer zone means the 90 ... lIPIlCified in Section S:1(e)(1), the Lot !l:f." 0 w. id. e strip of land,. me, a. SU!ed. .a..t a right 0WlW. .' must.,p,f....PVid. e. COPies. .O.ffhe.......wr...... illen ree. .' !. i:an Ie to the' shoreline or the Ordinary High CIl'I'IfMnCIaliotfiequ/red therein' Ii!!, the' City ",W tet L$vel, -adjacent to fNery lake, pond, Forester.' . . ~ . . w land, creek, river orstllndlng water sur. (d) Aegulat~fl8 for iiCCim","piaJ La." :fa , '.'. F@rti==r: "". .... " i~i(2) .L.m. Lot means a parcel of land desig. (1):'. . i:d . No,pel'$Oii,:flrm, corpo.. mina ed by plat, metes and bounds, ragistered railotl, or franchise shall engage #I'lthe buSi-, :\'Ia sUl"ley, auditor's plot, or other accepted n&Sll of commeroial lawn, fllrtiIlzer'appJicjation il'm ns, and separated from. other parcels or within the subwatersheds of .thlllake in the., ~. '!;,pO ons by said deSctipt!on for the purpose City,' unleSs a license ~as been .QJ,;ta.. ined fronr 11'!of. $Ie, lease, or separation.. the City ClerlQl as provided heretn~ rri(3 Pesticides, Pesticides ' means insecti- (2), License' AWliDati(lnDrocedure,' ,r"ci , herbicides and fungjcides Application for a commerolallawn fertilizer ~(4 Quick-retease Nltroaen. Quick.releaseappllqator license shall be submitted to the City j., .ni ogen means. ,amm?nium nJ!rllte. .1!fIl~ ~ ..1;h,~~ation shall consifl of the fOl- i; u sulfate, calcium nitrate, and urea. 1OWIflt: '". j;:, (5ShOrelsnd. Shoreland means aH lend Ii) Name, address and talephonenumber of \Iii hin tbe subwaterSheds of any lake, pond, appIican~ and any individuals authorized to w tland, creek or river within City, represent the applicant. . (6 Slow-release Nitro~n. Slow-release (il) Description of lawn fertifizer formula pro- ni. ogen means IBOU, sulfur coated or resin posed to be. applied on. lawns within tl1e. City, led Ufe$, urea formaldehyde, and natural (ill) A time schedule !of application of lawn. . or anics such as mHorganite, ringer, sustan, IertHizer and identification of weather condi. .'. m nure, grass clippings. phosphate rock, .tions acceptable for lawn fertilizer applica. a potaSh. liOn. . 5.1 Fertilizers. (Iv) F.ertillzer Sample. A $ample of lawn fer. :, (a) Genenil Provisions: . liI~er must be submitted to the City along . n (1 Fertilizing is prohibited in the Buffer Zone wiIh.the lnltlalapplication for a license, and, ..;, ;ti\ a d within 90 feet of any standing water sur- thereefter, at ieestthirty, (30) days betore fer. ,0: fa e. ' . ' IiIizar ~. changes are implement" (2 Beyond the Buffer Zone. fertilizing is ed. A sampte wb:nillal can be replaced by a p rmitled subject to the restrictions set forth chemical ane\ylIiI certified by an indepen, h re, but should be avoided n possible and dent testing laboratory..~ m nhnized, in any event. (v) License Fee. The license fee will be all, . ( Fertilizing is prohibited when the ground designated, from lime to time, by' Stfilwater ,. is frozen andbeMQn November 15 and' COl!ncHresolutlon. The license will expiteot'L". \ i115. the 31st day of December. Tha l.icense fee If (. Lot owners who fertilize should' have wlII not he prorated.. . . (~, th 'r soil tested at least once eVery ItYee (vi) Performance Bond. A bond in the ,;;,,'y ars t>y a soil tesflaboratory such.. Ihe',amount of $1,000.00 will be submitt$d with. ,:< U. iversity of Minnesota to delsrmine Ihe,~he llPPfication form. The bond will be condi- "Ii! opar amounts of nitrogen and potassium toi ~oned upon ?ompliance with th,e City"s regu- b applied. lallona. ActIOnS to collect bond proceeds ,",,( ) Fertifizer, yard waste or grass clippings !nay not prevent the City from filing criminal usl not be cast upon orapplied to an 1/nJIer, ~ompIeinta for ordinance violations. v s surface such as a driveway, si~') Conditions of License A commercial lawn o street. If this material is advertently ~ /llrtHi., applicator license ~all be issued sub- u such a surface it should be swept ~ject to Ihe following conditions whiCh shall be c ned from the surface. specified on the license fomi: ,,( PhoMlhorllS: (ij FWIClomSampling. Commercial lawn fer- ( ) G.tDmI;. FertiIiz.... . ing phosPho- ~ applicators shall permit the City. to .-. OOlMIel.rliwn ~'to.. .....:Wjthln.. the ;$llb~ 9f .~, Ia~. ". . time 1I_;1he lssIlanCe of the In. h !hIi . ..... '. : ' . f." (fi).p~ of L.icanSlil.. Tl;le.~81 lawn 1ertiiiDr ~r fioen$e or a copy thereof ~all be in the po&$e$$/On of ~. party B/l'if)Ioyed bY the commerclsllawn tiir. lib apptiQ$tor when making lawn fertilizer .wllcation$ within thesubwatersheds of tn. Ia~ .......... .'. . (iil)~~.Lioen$ee'shall.~ ply with the provISiOns. of the MinnB$Ota Fertili.zerlfild Soil COnditioner. Law as cOn- tained..i.ntlittn.. "~a Stilt. SIlCUon 17.71:1 through_lntluding '17;72~ and amend- mentS' thereto. (hi)CompllClnce with City Regulations. The Licensee must abide t>y therestric::tions ,:(\A the use of fertilizers and pesticideS thai ere contained in this ordinance: 5.2 Pesticides (Insecticides, Herbicides; Fungicides and other Chemicals). . , (a) The use of chamical pesticides itlaccor- dance with their label is permitted, bUt should' . tie aV~1li mucl1 aspQS$lllle, beca\lSl!l a regular cycle ofchemfcaltreatments stresses.. lawn .nd meke. it more $\JSCeptitlle to P&st't and1:lrClUght. . '. . ... '. '. . ..' (Q};~e ~ cherni681 pe$t/c/des, 'the . [01 0.. muSt consuft thll MinnB$OtaEldriori Servioe, \he. Washington CQUmrSoH & Wlter Con$eNlltlon District .or other COmpetel1t PIP". ~ ~. diagnose proper1ythe. Peatl, qr.:. .....or ~ vegetative problel1l', ahd to deferI.' mI~.1f pemiclde USlt isJustifiedor if tIlere'_ other contrOl options. "', . (0) When consultation as provided undarsl1b-' paragraph '. (6) has determined that pestii:kfe ~ lswarranted, a pestiCidepl'09ram may be IInpletnenllld. prOVided that: (1) The Lot owner must lIS8 ~$least toxic and mostreaQily <iegr.al.'l$ble ,pesliCidewhlOti, will be effentive. . ;. , (2) The pesflCide must be applied onlya~ci! exactly'es directed on \he. IlIIbeI. ,';! (3) . PestICide a~tionsmust be prOJilBtIY' timet! to mBXlmize thelt overall effectiveness. (4) Pouring of excess pesticide on Jl\&; ground or into the'181<es or other su~e waters is prohibited. .... '" (5) the Lot owner may purchase only 1he. amount of pestiolde necessary for the cur- rent season, and must di$ppse of unused,; pB$tlcide and pesticlde contalnerspropei'fY. . SECTION 6 ENFORCEMENT 8.1 EnflN"C8menL' the City Council of the.c;~ of St.filwater is responsible for theadministfa. tion and enforcement of this Ordinance. .'. 6.2 Violations and Penalties. Any viOlation Ofth. eP.r.ovisiO..n. s. of this Or. dI.nance. orfaiItJ.~~~. comply with any of Its requ\{8ment&{inC~ vlola1lons,of conditions and safelluard&~ iished inco.nnection Wi~.. grants of Vs~...' . or Condltlonet U...) _II con$titute 'a ~ dameanor and shall be punishable by a~ot not more than $700.00 or t>y imprisonment for not more than 90 days,. or both, plus the ~ of proseCMion In any case. Violations o.f itJ1lS Ordlnanee tan OCCl.Ir regardies$ ofwhetheflO,r not a p~t is requited for a regulated acfh!itY pursuant to this Ordinance.' 6.3 Civil ReiMd.... 'this Ordinance maY'alS6 be enforCed t>y injui'letion, action for abate- .mBrlt;., .... o~~~. '. .,appropna. '..t$.ciIlil ram.' ~y. Of. :bI. . oitatlOrlwnttenandprocessed, sa an admIAjl IrativeP,tOC8edingsin City Court,' . . , . SECTION 7. F;FFECTUAnON 7.1 .E~e~. passed.t>y theGltY COuncUOnthls 16th day otMareh, 1999;tI'tis ordi~, WIll be. in full. force and effect from and attelll$. Passage and ~icaliOn~rci- ing.to law, except tflatSectiOn 6.EnforcemerK wid not be in forca or effect until Jan\l8ry 1, 2000. I Is/Jay L. KImble Jay L. Kimble, Mayor AneST: ~ Kriesel NMtKrieMI, AotIrlg City. Clerk 3/111"'