Chapter 8.85
REGULATION OF LAWN FERTILIZERS
Sections:
8.85.040 Regulation of the use and application of lawn fertilizer.
8.85.060 Sale of fertilizer containing phosphorus.
8.85.070 Enforcement and penalties.
8.85.010 Purpose and intent.
The Town Board of the Town of East Troy finds that the lakes, streams, ponds and navigable waters in the Township are natural assets, which enhance the environmental, recreational, cultural and economic resources of the area and contribute to the general health and welfare of the public. The Board further finds that regulating the amount of nutrients and contaminants, including phosphorus contained in lawn fertilizer, entering the above-referenced bodies of water will improve and maintain water quality and limit excessive weed growth. (2008 code § 11.15(1))
8.85.020 Applicability.
This chapter applies in all areas of the Town of East Troy. (2008 code § 11.15(2))
8.85.030 Definitions.
“Commercial applicator” is defined as a person, or business entity who applies fertilizer for hire.
“Lawn fertilizer” means any fertilizer, whether distributed by property owner, renter or commercial entity, distributed for nonagricultural use, such as for lawns, golf courses, parks and cemeteries. Lawn fertilizer does not include fertilizer products intended primarily for garden and indoor plant application. (2008 code § 11.15(3))
8.85.040 Regulation of the use and application of lawn fertilizer.
1. Effective upon the passage and publication of the ordinance codified in this chapter, no person, property owner, renter or commercial applicator shall apply any lawn fertilizer within the Town of East Troy that is labeled as containing more than zero percent phosphorus or other compound containing phosphorus, such as phosphate, except as provided in ETMC 8.85.050.
2. No lawn fertilizer shall be applied when the ground is frozen.
3. No person, property owner, renter or commercial applicator shall apply any lawn fertilizer to any impervious surface including parking lots, roadways, and driveways. If such application occurs, the fertilizer must be immediately contained and either legally applied to turf or placed in an appropriate container. (2008 code § 11.15(4))
8.85.050 Exceptions.
The prohibition against the use of phosphorus fertilizer under ETMC 8.85.040 shall not apply to the following:
1. Application to any farming or agricultural business, provided the use of fertilizers is related to the growth of a product or maintenance of growing fields. Notwithstanding this exception, appropriate steps shall be taken to incorporate the fertilizer into the soil to minimize runoff. This exception does not apply to the lawn areas on a farm or agricultural business unless that farm is a sod farm.
2. Vegetable and flower gardens, or application to trees or shrubs provided that such application does not occur within 10 feet of any lake, stream, pond or navigable water.
3. Naturally occurring phosphorus in unadulterated natural or organic fertilizing products such as yard waste compost. (2008 code § 11.15(5))
8.85.060 Sale of fertilizer containing phosphorus.
Effective upon the passage and publication of the ordinance codified in this chapter, no person shall sell, display, or offer for sale any lawn fertilizer within the Town of East Troy that is labeled as containing more than zero percent phosphorus, or other compound containing phosphorus, such as phosphate, except such fertilizers may be sold for use as provided in ETMC 8.85.050. (2008 code § 11.15(6))
8.85.070 Enforcement and penalties.
Any person, property owner, renter or commercial applicator who violates any provision of this chapter shall be subject to a forfeiture of $100.00 for the first violation within a 12-month period, $150.00 for the second violation within a 12-month period, and $250.00 for the third and subsequent violation within a 12-month period. (2008 code § 11.15(7))