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2002-19 I I I BILL NO. 2002-19 AN ORDINANCE RELATING TO PUBLIC SAFETY AND WATER QUALITY; REGULATING THE USE OF LAWN FERTILIZERS; AMENDING CHAPTER IX OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter IX of the Richfield City Code is amended by adding the following Section: Section 911 - Lawn Fertilizer Use 911.01. Purpose. The purpose of this section is to achieve the policies outlined in the City's Surface Water Management Plan and protect the water quality of the water bodies within the City of Richfield. 911.03. Administration. The City Council hereby designates the Public Works Director as the administrator of this section. 911.05. Fertilizer Use Requlations. Subdivision 1. Prohibition Regarding Application of Phosphorous Fertilizers on Turf. A person may not apply a fertilizer containing the plant nutrient phosphorus to turf, including, but not limited to, residential and commercial residential property, private golf courses, and property owned by federal, state, or local units of government, including parks, recreation areas, and public golf courses. Subd. 2. Exemptions. The following exemptions apply to the fertilizer use ordinance on turf, provided that the application of phosphorus fertilizer does not exceed rates recommended by the University of Minnesota and approved by the commissioner of agriculture: 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 levels of available phosphorus in the soil are 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. 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 of agriculture. Subd. 3. Prohibition Regarding Application of Phosphorous Fertilizers on Impervious Surfaces. A person may not apply a fertilizer to an impervious surface. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. 911.07. Penaltv. Any person violating this section shall be guilty of a petty misdemeanor. Section 2. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 11th day of June, 2002. k~j0 )U Martin J. Kirsth,-rV1ayor ATTEST: \, I I I CI --- ~ newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. 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-Current , 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. (8) The printed public notice that is attached was published in the newspaper once each week, for ~ successive weeks; it was first published on Wednesday, the -1L day of June , 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 I the ,;ze and k;nd 01 type u,ed ;n Ihe compo,';on and pubHeal;on ot Ih~ aOCdefghIJklmnOpqrstu:z ~ President and Publisher .VV>JVvVv\I\lV"../V\''',^ MERIDEL M. HEDBLOM f NOTARY PUBLIC-MINNESOTA . MY COMMISSION EXPIRES 1-31.2005 . '. . RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ 2.85 per line (2) Maximum rate allowed by law $ 6.20 per line j (3) Rate actually charged $ 1.40 per line City of Richfield (Official Publieation) SUMMARY PUBLICATION BILL NO. 2002.19 AMENDMENT TO CITY OF RICHFIELD ORDINANCE CODE SECTION 911 I I This summary of the ordinance is published pursuant to f Section 3.12 of the Richfield City Charter. I The purpose of this ordinance is to limit use oflawn fertil- I izers that contain phosphorous. This ordinance affects both commercial and non-commercial applicators and sets limits on the amount of fertilizer that can be applied per application and per season. The ordinance also limits where and when phosphorous fertilizers can be applied. Copies of the ordinance are available for public inspection in the Public Works Department during normal business hours or upon request by calling Engineering Supervisor George Atkinson at 612-861-9191. Adopted by the City Council of the City of Richfield, Min- nesota this 11th day of June, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk (Jun.e ~, 2002)D2IBill 2002-19