City Council Ordinance 378ORDINANCE AMENDMENT NO. 378
City of Monticello
Wright County, Minnesota
AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE BY
ADDING CHAPTER 9, PROHIBITING USE OF FERTILIZERS
CONTAINING PHOSPHORUS
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS AS
FOLLOWS:
Section 1. Title 7 of the City Code is hereby amended to add Chapter 9, Prohibiting Use of Fertilizers
Containing Phosphorus:
SECTION
9-1-1: Purpose
9-1-2: Definitions
9-1-3 : Regulation
9-1-4: Exceptions
9-1-5: Impervious Surfaces and Drainage Ways
9-1-6: Penalty
9-1-1: PURPOSE:
The City has considered data that indicates that water quality of lakes, rivers and streams within the
community may be maintained or improved if the City is able to regulate the amount of lawn fertilizer
and other chemicals entering these bodies of water as a result of storm water runoff or other causes.
The purpose of this Chapter is to set forth regulations that will aid the City in managing and
protecting its water resources.
9-1-2: DEFINITIONS: For the purpose of this section, certain terms and words are defined as follows:
A. Administrator. The individual responsible for overseeing the requirements of the City
Code. For purposes of the section of the code, the administrator shall be the Director of
Public Works or his/her designee.
B. Fertilizer. Fertilizer means 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.
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C. Pesticide. A substance or mixture of substances intended to prevent, destroy, repel, or
mitigate a pest, and a substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant.
9-1-3: REGULATIONS:
(A) Time of Application: Neither commercial applicators nor noncommercial applicators may
apply lawn fertilizer when the ground is frozen or when conditions exist which will promote
or create runoff.
(B) Sample Analysis Cost. The cost of analyzing fertilizer samples taken from commercial
applicators shall be paid by the commercial applicators if the sample analysis indicates that
phosphorus content exceeds the levels authorized herein.
(C) Fertilizer Content. No person shall apply any lawn fertilizer, liquid or granular, within the
City of Monticello which contains any amount of phosphorus or other compound containing
phosphorus, such as phosphate, except:
1. The naturally occurring phosphorous in unadulterated natural or organic fertilizing
products such as yard waste compost.
2. Or as otherwise provided in Subdivision 9-1-4.
9-1-4: EXCEPTIONS: The prohibition against use of fertilizer containing any quantity of phosphorus set
forth under Subdivision 9-1-3 shall not apply to:
(A) Newly established turf and lawn areas during first growing season; or
(B) Turf and lawn areas which have been confirmed by soil testing to be below phosphorus
levels established by the University of Minnesota Extension Services. The lawn fertilizer
application shall not contain an amount of phosphorus in excess of that which is
recommended in the soil test evaluation.
(C) Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be
watered into the soil so that it is immobilized and protected from loss by runoff.
9-1-5: IMPERVIOUS SURFACES AND DRAINAGE WAYS. No person shall apply fertilizer to
impervious surfaces, areas within drainage ditches, or waterways.
9-1-6: PENALTY. Any person violating this Chapter of the Code shall be guilty of a petty misdemeanor.
Section 2: Effective Date. This ordinance shall take effect from and after its passage and publication.
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Adopted by the Monticello City Council this
ATTEST:
Rick Wolfsteller, City A inistrator
28th
day of
Ro Belsaas, Mayor
May 2002.