Sponsor
Alderman Karas
Title
Ordinance No. 16-07
To create Article VII of the Municipal Code of the City of Racine, Wisconsin Relating to Regulation of the Sale, Application and Use of Fertilizers.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Article VII of the Municipal Code of the City of Racine is hereby created to read as follows:
“Article VII. Regulation of the Sale, Application and Use of Fertilizers.
Sec. 42-201. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Distribute has the meaning specified under sec. 94.64(1)(d), Wis. Stats.
Fertilizer has the meaning specified under sec. 94.64(1)(c), Wis. Stats.
Impervious surface means a highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
Lawn and turf fertilizer has the meaning specified under sec. 94.64(1)(e), Wis. Stats., except the manufacturer has designated the produce to be used for the promotion of lawn and turf growth.
Sec. 42-202. Purpose.
The Common Council finds that the Racine rivers and lakes are natural assets which enhance the environmental, recreational, cultural and economic resources of the Racine area and contribute to the general health and welfare of the public. The Common Council further finds that Racine river and lake water quality may be maintained and improved if the city is able to regulate the amount of nutrients and contaminants including phosphorus contained in fertilizer entering the Racine rivers and lakes as a result of runoff from lawns and turf. The purpose of this ordinance is to set forth regulations which will enable the city to protect its water resources for the health, safety, and welfare of the public without detracting from the natural beauty of homeowners’ lawns and gardens.
Sec. 42-203. Application.
(a) It shall be unlawful for any person to apply within the city any lawn and turf fertilizer, liquid or granular, that contains more than a trace of phosphorus or other compound containing phosphorus, such as phosphate.
(b) It shall be unlawful for any person to apply or deposit any fertilizer on an impervious surface. If such application occurs, the fertilizer must be immediately contained and either legally applied to turf or any other lawful site, or returned to the original or other appropriate container.
Sec. 42-204. Time of application.
It shall be unlawful for a person to apply lawn and turf fertilizer when the ground is frozen or when conditions exist which promote or create runoff.
Sec. 42-205. Display and Distribution.
It shall be unlawful for any person to display or distribute for retail sale lawn and turf fertilizer containing more than a trace of phosphorus. This prohibition shall apply to the fertilizer content of a product that combines fertilizer with a pesticide. Signs may be posted advising customers that lawn and turf fertilizer containing phosphorus is available upon request for uses permitted by sec. 42-206(a). A sign containing the regulations set forth in this section and the effects of phosphorus on Racine’s waters must be prominently displayed where lawn and turf fertilizers are sold.
Sec. 42-206. Exceptions.
(a) Sec. 42-203(a) shall not apply when:
1. A tissue, soil or other test by UW-Extension Laboratory or another state-certified soil-testing laboratory and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient to support healthy turf growth, as determined by the University of Wisconsin Extension Service, provided that the proposed lawn and turf fertilizer application shall not contain an amount of phosphorus exceeding the amount and rate of application recommended in the soil test evaluation;
2. The property owner or an agent of the property owner is first establishing or re-establishing turf via seed or sod procedures, and only during the first growing season.
(b) Any person who applies a lawn and turf fertilizer containing phosphorus pursuant to the aforementioned exceptions shall, consistent with the product label instructions, water such lawn and turf fertilizer into the soil where it is immobilized and generally protected from loss by runoff.
(c) Sec. 42-205 regarding the prohibition of the distribution of lawn and turf fertilizer containing phosphorus shall not apply when the customer states:
1. A tissue, soil or other test by UW-Extension Laboratory or another state-certified soil-testing laboratory and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient to support healthy turf growth, as determined by the University of Wisconsin Extension Service;
2. The property owner or an agent of the property owner is first establishing or re-establishing turf via seed or sod procedures and only during the first growing season.
Sec. 42-207. Severability.
Any provision of this section which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and the remaining provisions hereof shall nevertheless remain in full force and effect.
Sec. 42-208. Penalty.
Any person who violates this ordinance shall pay a forfeiture of not less than $25.00 nor more than $300.00 for each offense.”
Part 2:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council:
__________________________
Approved: ______________
__________________________
Mayor
Attest:
___________________________
City Clerk
Fiscal Note: N/A