Number
061029
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. D’AMATO
Title
Substitute ordinance relating to the regulation of the application and use of fertilizer.
Sections
75-61 cr
Analysis
This ordinance makes it unlawful for any person to apply any fertilizer that is labeled as containing more than 3% phosphorus, and to apply any fertilizer more than 4 times per year.
However, the regulation of the application and use of fertilizer does not apply to:
1. Turf or lawn areas newly established via seeding or sodding, and during the first 12 months after seeding or sodding.
2. Turf or lawn areas for which soil tests, performed within the past 3 years by a state-certified laboratory, confirm that application of fertilizer nutrients is required to promote adequate turf growth as defined by the University of Wisconsin extension service.
3. Applications to agricultural uses, vegetable gardens, flower gardens, trees and shrubs.
4. Turf fertilizers shown through accredited research and labeling to contain at least 50% slow release or water insoluble nitrogen.
5. Yard waste compost, biosolids, or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil or fertilize the soil.
This ordinance also makes it unlawful to apply fertilizer to any impervious surface, or when the ground is frozen or otherwise impervious to water infiltration, and when conditions exist which promote runoff.
Any person who violates this section in the application of fertilizer at his or her residence shall be subject to a forfeiture of $50 per violation. Any commercial fertilizer applicator, residential or commercial developer, industrial or commercial owner who violates this section shall be subject to a forfeiture of $50 for the first violation within a 12-month period, $150 for the second violation within a 12-month period, and $300 for the third and each subsequent violation within a 12-month period.
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