HomeMy WebLinkAboutOrdinance No. 17-2013 ORDINANCE NO. 17-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A NEW
CHAPTER 92 OF THE CAPE CANAVERAL CODE OF ORDINANCES
ENTITLED "FERTILIZER LAND APPLICATION;" REGULATING
POLLUTANT RUNOFF AND THE APPLICATION OF FERTILIZERS AS
REQUIRED BY LAW; PROVIDING FOR PURPOSE AND INTENT;
DEFINITIONS; APPLICABILITY; TIMING OF FERTILIZER
APPLICATION; FERTILIZER FREE ZONE; LOW MAINTENANCE
ZONE; FERTILIZER CONTENT AND APPLICATION RATES;
APPLICATION PRACTICES; MANAGEMENT OF GRASS CLIPPINGS
AND VEGETATIVE MATTER; EXEMPTIONS; TRAINING; LICENSING
REQUIREMENTS; ENFORCEMENT AND MONITORING; AND
PENALTIES; AMENDING SECTION 2-283 OF THE CODE OF
ORDINANCES TO DESIGNATE VIOLATION OF CHAPTER 92 AS A
CLASS I CODE ENFORCEMENT VIOLATION; PROVIDING FOR THE
REPEAL, OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City is authorized by the Florida Constitution and the provisions of
Chapters 163 and 403, Florida Statutes, to establish and administer programs for stormwater
management, including the control of pollutants entering the City's stormwater system;and
WHEREAS, the United,States Environmental Protection Agency, pursuant to 40 C.F.R.
§122.26, and the Florida Department of Environmental Protection pursuant to 33 U.S.C.
§ 1342(b), have mandated, through the issuance of a National Pollution Discharge Elimination
System ("NPDES") Generic Permit for discharges from Phase II Municipal Separate Storm
Sewer Systems, that the City must establish legal authority to control discharges to the City's
municipal separate storm sewer system in order to control the quality of discharges from the
City's municipal separate storm sewer system to surface waters of the State; and
WHEREAS, the Florida Department of Environmental Protection has documented
impairments, pursuant to section 403.067, Florida Statutes, within the surface waters of the City
and has established pollutant load limits in the form of Total Maximum Daily Loads (TMDLs)
which require the City to reduce pollutant loads discharged from the City's stormwater system:
and
WHEREAS, section 403.9337, Florida Statutes, requires a municipal government
located within the watershed of a water body or water segment that is listed by the Department of
City of Cape Canaveral
Ordinance No. 17-2013
Page 1 of 10
Environmental Protection as impaired to adopt, at a minimum, the model ordinance "Florida
Friendly Fertilizer Use on Urban Landscapes";and
WHEREAS, the City of Cape Canaveral is located within the watershed of the Banana
River Lagoon, which the Florida Department of Environmental Protection has listed as impaired
for nutrients; and
WHEREAS, the City of Cape Canaveral has a comprehensive program to address
nonpoint sources of nutrient pollution which is science-based, and economically and technically
feasible; and
WHEREAS,the Florida Department of Environmental Protection will provide pollutant
load reduction credit to the City toward meeting mandated Total Maximum Daily Load Program
Reductions for adoption and enforcement of code provisions directed at reducing such loadings
from the use of fertilizer;and
WHEREAS, the City Council of the City Cape Canaveral, Florida hereby determines
that the adoption of such an ordinance to reduce pollutant runoff into Cape Canaveral's
surrounding waterways serves the public,safety, health and welfare of its citizens.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
SECTION 2. Adoption of Chapter 92, Fertilizer Land Application. The City Council
of the City of Cape Canaveral hereby adopts a new Chapter 92, entitled "Fertilizer Land
Application,"as follows:
CHAPTER 92.FERTILIZER LAND APPLICATION
Sec.92-1.-Short title; purpose and objectives.
This chapter regulates and promotes the proper use of fertilizers by any applicator;
requires proper training of commercial and institutional fertilizer applicators; establishes training
and licensing requirements, establishes a prohibited application period; specifies allowable
fertilizer application rates and methods; fertilizer-free zones; low maintenance zones; and
exemptions. This chapter requires the use of best management practices which provide specific
management guidelines to minimize negative secondary and cumulative environmental effects
associated with the misuse of fertilizers. These secondary and cumulative effects have been
observed in and on the City of Cape Canaveral's natural and constructed stormwater
conveyances and surface waters. Collectively, these water bodies are an asset critical to the
environmental, recreational, cultural and economic well-being of City of Cape Canaveral
City of Cape Canaveral
Ordinance No. 17-2013
Page 2 of 10
residents and the health of the public. Overgrowth of algae and vegetation hinder the
effectiveness of flood attenuation provided by natural and constructed stormwater conveyances.
Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer,will help
improve and maintain water and habitat quality.
Sec.92-2.-Definitions.
As used in this chapter, the following terms, phrases, words and their derivations shall
have the following meanings:
Administrator means city manager or designee authorized to administer and enforce the
provisions of this chapter.
Application or apply means the actual physical deposit of fertilizer to turf, specialized
turf,or landscape plants.
Applicator means any person who applies fertilizer on turf and/or landscape plants in the
City of Cape Canaveral.
Best Management Practices (BMPs) include schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures and other management practices to prevent or reduce the discharge of
pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance
systems. BMPs also include treatment practices, operating procedures and practices to control
site runoff, spillage or leaks,sludge/water disposal or drainage from raw materials storage.
Best Management Practices Training Program means a training program approved
pursuant to Section 403.9338, Florida Statutes, or any more stringent requirements set forth in
this chapter that include the most current version of the Florida Department of Environmental
Protection's "Florida-friendly Best Management Practices for Protection of Water Resources by
the Green Industries.2008,"as revised, and approved by the administrator.
Board means the City Council of the City of Cape Canaveral,Brevard County, Florida.
Code enforcement officer, official, or inspector means any designated employee or agent
of the City of Cape Canaveral whose duty it is to enforce codes and ordinances enacted by the
City of Cape Canaveral.
Commercial fertilizer applicator, except as provided in section 482.1562(9), Florida
Statutes, means any person who applies fertilizer for payment or other consideration to property
not owned by the person or firm applying the fertilizer or the employer of the applicator.
Fertilize,fertilizing, or fertilization means the act of applying fertilizer to turf, specialized
turf,or landscape plants.
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Ordinance No. 17-2013
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Fertilizer means any substance or mixture of substances that contains one or more
recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or
provides other soil enrichment,or provides other corrective measures to the soil.
Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
Institutional applicator means any person, other than a private, non-commercial or a
commercial applicator (unless such definitions also apply under the circumstances), that applies
fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators
shall include, but shall not be limited to, owners, managers or employees of public lands,
schools, parks, religious institutions, utilities, industrial or business sites and any residential
properties maintained in condominium and/or common ownership.
Landscape plant means any native or exotic tree, shrub,or groundcover(excluding turf).
Low maintenance zone means an area a minimum of ten (10) feet wide adjacent to
surface waters which is planted and managed in order to minimize the need for fertilization,
watering,mowing, etc.
Person means any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the owner's agent.
Prohibited application period means the time period during which a Flood Watch or
Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect
for any portion of Brevard County, issued by the National Weather Service, or if heavy rain is
likely.
Restricted application period means June 1 to September 30.
Saturated soil means a soil in which the voids are filled with water. Saturation does not
require flow. For the purposes of this chapter, soils shall be considered saturated if standing
water is present or the pressure of a person standing on the soil causes the release of free water.
Slow release, controlled release, timed release, slowly available, or water insoluble
nitrogen means nitrogen in a form which delays its availability for plant uptake and use after
application, or which extends its availability to the plant longer than a reference rapid or quick
release product.
Surface waters as defined by the Florida Department of Environmental Protection
(Chapter 62-340, Florida Administrative Code) means waters on the surface of the earth,
contained in bounds created naturally or artificially, including,the Atlantic Ocean,bays, bayous,
sounds, estuaries, lagoons, lakes, ponds, impoundments, rivers, streams, springs, creeks,
branches, sloughs,tributaries,canals,and ditches.
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Ordinance No. 17-2013
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Turf sod, or lawn means a piece of grass-covered soil held together by the roots of the
grass.
Urban landscape means pervious areas on residential, commercial, industrial,
institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or
horticultural plants. For the purposes of this section, agriculture has the same meaning as in
section 570.02 Florida Statutes,
Sec.92-3.-Applicability.
This chapter shall be applicable to and shall regulate any and all applicators of fertilizer
and areas of application of fertilizer within the incorporated areas of the City of Cape Canaveral,
Brevard County, unless such applicator is specifically exempted by the terms of this chapter
from the regulatory provisions of this chapter. This chapter shall be prospective only, and shall
not impair any existing contracts.
Sec.92-4.—Responsibility for administration.
The stormwater utility director or designee shall administer, implement and enforce the
provisions of this chapter. Any powers granted or duties imposed upon the stormwater utility
director or designee may be delegated in writing by the city manager to persons or entities acting
in the beneficial interest of or in the employ of the city.
Sec. 92-5.-Timing of fertilizer application.
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the prohibited application period, or to saturated soils. In addition,
fertilizer containing nitrogen or phosphorus shall not be applied to turf or landscape plants during
the restricted application period, defined as June 1 to September 30.
Sec.92-6.-Fertilizer free zone.
(a) Fertilizer shall not be applied within ten (10) feet of any surface waters, pond, stream,
watercourse, lake, canal, or wetland as defined by the Florida Department of
Environmental Protection (Chapter 62-340, Florida Administrative Code) or within 10
feet from the top of a seawall. Newly planted turf and/or landscape plants may be
fertilized in this zone for a 60-day period beginning 30 days after planting if needed to
allow the plants to become well established. Caution shall be used to prevent direct
deposition of nutrients into the water. The requirements of section 92-5 above also apply
to newly planted turf and landscape plants.
(b) A voluntary fertilizer free zone of ten (10) feet shall be encouraged, through educational
outreach, on each side of a street without stormwater retention that drain directly to the
Banana River Lagoon.
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Ordinance No. 17-2013
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(c) Planting native vegetation that does not require mowing or fertilization along the
shoreline of the Banana River Lagoon shall be encouraged.
Sec.92-7.-Low maintenance zone.
A voluntary ten (10) foot low maintenance zone is strongly recommended, but not
mandated, from any surface waters, pond,stream,watercourse,lake,wetland or from the top of a
seawall. A swale/berm system is recommended for installation at the landward edge of this low
maintenance zone to capture and filter runoff No mowed or cut vegetative material should be
deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent
the over-spray of aquatic weed products in this zone.
Sec. 92-8.-Fertilizer content and application rates.
(a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in the
City of Cape Canaveral unless a soil or plant tissue deficiency is verified by a University
of Florida, Institute of Food and Agriculture Sciences, approved testing methodology. In
the case that a deficiency has been verified, the application of a fertilizer containing
phosphorous shall be in accordance with the rates and directions provided by Rule 5E-
1.003, Florida Administrative Code. Deficiency verification shall be no more than two
(2) years old. However, recent application of compost, manure, or top soil shall warrant
more recent testing to verify current deficiencies.
(b) The nitrogen content of fertilizer applied to turf or landscape plants within City of Cape
Canaveral shall contain at least 50%slow release nitrogen per guaranteed analysis label.
(c) Fertilizers applied to turf within City of Cape Canaveral shall be applied at rates that are
in accordance with requirements and directions provided by Rule 5E-1.003, Florida
Administrative Code,Labeling Requirements For Urban Turf Fertilizers.
(d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or
sodding a site, and shall not be applied for the first 30 days after seeding or sodding,
except when hydro-seeding for temporary or permanent erosion control in an emergency
situation (wildfire, etc.), or in accordance with the Storrnwater Pollution Prevention Plan
for that site.
Sec. 92-9.-Application practices.
(a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces, fertilizer-free zones, surface waters and water bodies, including
wetlands.
(b) Fertilizer shall not be applied, spilled,or otherwise deposited on any impervious surfaces.
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Ordinance No 17-2013
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(c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent
practicable and either legally applied to turf or any other legal site, or returned to the
original or other appropriate container.
(d) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains,ditches,conveyances,or water bodies.
Sec. 92-10.-Management of grass clippings and vegetative matter.
In no case shall grass clippings, vegetative material, and/or vegetative debris be washed,
swept, or blown off into surface waters, stormwater drains, ditches, conveyances, watercourses,
water bodies, wetlands, sidewalks or roadways. Any material that is accidentally so deposited
shall be immediately removed to the maximum extent practicable.
See.92-11.-Exemptions.
The provisions set forth above in this chapter shall not apply to:
(a) bona fide farm operations as defined in the Florida Right to Farm Act, section 823,14,
Florida Statutes;
(b) any lands used for scientific research supported by an accredited institution of higher
learning or a government entity, including, but not limited to, research on the effects of
fertilizer use on urban stormwater, water quality,agronomics,or horticulture;
(c) Reclaimed or irrigation quality (IQ) water used for irrigation (which may contain
nitrogen and/or phosphorous); however, this shall only apply to water use and individual
properties are subject to all other provisions of this chapter that relate to fertilizer use;
(d) Athletic fields at public parks and school facilities that apply the concepts and principles
embodied in the Florida Green BMPs, while maintaining the health and function of their
specialized turf areas.
Sec.92-12.-Training.
(a) Prior to January 1, 2014, all commercial and institutional applicators of fertilizer within
the City of Cape Canaveral, shall abide by and successfully complete the six-hour
training program in the "Florida:friendly Best Management Practices for Protection of
Water Resources by the Green industries" offered by the Florida Department of
Environmental Protection through the University of Florida Extension "Florida-Friendly
Landscapes" program, or an approved equivalent.
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Ordinance No. 17-2013
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(b) Private, non-commercial applicators are encouraged to follow the recommendations of
the University of Florida IFAS Florida Yards and Neighborhoods program when
applying fertilizers.
Sec.92-13.-Commercial and institutional applicators.
(a) After December 31, 2013, all commercial applicators of fertilizer within the City of Cape
Canaveral, shall abide by and have successfully completed training and continuing
education requirements in the "Florida-friendly Best Management Practices for
Protection of Water Resources by the Green Industries", offered by the Florida
Department of Environmental Protection through the University of Florida IFAS
"Florida-friendly Landscapes" program, or an approved equivalent program, prior to
obtaining a business tax receipt for any category of occupation which may apply any
fertilizer to turf and/or landscape plants. Commercial fertilizer applicators shall provide
proof of completion of the program to the Brevard County's Tax Collector's office upon
application or renewal of business tax receipt.
(b) After December 31, 2013, all commercial applicators of fertilizer within the incorporated
area of City of Cape Canaveral, shall have and carry in their possession at all times when
applying fertilizer,evidence of certification by the Florida Department of Agriculture and
Consumer Services as a commercial fertilizer applicator pursuant to Rule 5E-14.117(18),
Florida Administrative Code.
(c) Institutional Applicators who apply fertilizer to turf and/or landscape plants (including
but not limited to residential lawns,golf courses,commercial properties,and multi-family
and condominium properties) must ensure that at least one employee has a "Florida-
friendly Best Management Practices for Protection of Water Resources by the Green
Industries" training certificate prior to the business owner obtaining a business tax
receipt. Owners for any category of occupation which may apply any fertilizer to turf
and/or landscape plants shall provide proof of completion of the program to the City.
(d) All provisions of this chapter shall apply to City of Cape Canaveral owned property
unless exempt under section 92-11.
Sec. 92-14.-Enforcement and monitoring.
(a) Violations of this chapter may be subject to civil citation pursuant to Chapter 2, Article
VI,Division 3 of this Code.
(b)The provisions of this chapter may also be enforceable by proceedings before the City of
Cape Canaveral Code Enforcement Board, or by suit for prohibitory or mandatory injunctive
relief, or by any other lawful remedy existing at law or in equity for the enforcement of
municipal ordinances. Funds generated by penalties imposed under this chapter shall be used
by the City of Cape Canaveral for the administration and enforcement of section 403.9337,
City of Cape Canaveral
Ordinance No, 17-2013
Page 8 of 18
Florida Statutes, and the corresponding sections of this chapter, and to further water
conservation and nonpoint pollution prevention activities.
Sec.92-15.-Appeals.
Appeals relating to any administrative decision or determination concerning
implementation or application of the provisions of this Division shall be filed in writing within
30 calendar days after the decision is rendered by the Administrator. Requests for appeals will be
considered by the city manager.
SECTION 3. Amendment to Section 2-283 of the Code of Ordinances. The City
Council of the City of Cape Canaveral hereby amends section 2-283 of the Code of Ordinances
as follows (underlined type indicates additions and stfik-ethfeugh type indicates deletions, while
asterisks (* * *) indicate a deletion from this Ordinance of text existing in section 2-283. It is
intended that the text in section 2-283 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
Sec. 2-283. Applicable codes and ordinances; class violation.
(a) The following city codes and ordinances may be enforced by civil citation to the
Brevard County Court, and are assigned the violation classification enumerated below:
(16) Chapter 92,Fertilizer Land Application . . . . .Class I.
SECTION 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict herewith,are hereby repealed to the extent of the conflict.
SECTION 5. Incorporation Into Code.This Ordinance and all Exhibits hereto shall be
incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or
letter and any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical and like errors may be corrected and additions, alterations and
omissions,not affecting the construction or meaning of this Ordinance and the City Code may be
freely made.
SECTION 6. Severabilty. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
City of Cape Canaveral
Ordinance No. 17-2013
Page 9 of 10
SECTION 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 21st day of
January , 2014.
(3C4C sCouv%<(1(1•24**-
ROCKY RANDELS,Mayor
For Against
ATTEST:2 John Bond
CZ-fe,4 Bob lioog Motion
ANGELA APPERSON, MMC,City Clerk Buzz Petsos X
Rocky Randels Absent
Betty Walsh Second
First Reading: December 17, 2013
Legal Ad published: January 2, 2014
Second Reading: January 21, 2014
Approved as to legal form and sufficiency
for the.40,6_,Val of Cape Canaveral only by:
411111/4 -
WY
ANTHONY A.GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No. 17-2013
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