HomeMy WebLinkAbout2017 08 14 Public Hearings 400 Ordinance 2017-08, Second Reading, Proper Use of FertilizersCOMMISSION AGENDA
ITEM 400
REQUEST:
Informational
Consent
Public Hearings
X
Regular
August 14, 2017 KS BF
Regular Meeting City Manager Department
The Community Development Department requesting the City Commission
consider Second Reading and adoption of Ordinance 2017 -08 regulating the use of
fertilizers in the City.
SYNOPSIS:
The adoption of a fertilizer ordinance is a requirement of the City's National Pollutant
Discharge Elimination System ( NPDES) Municipal Separate Storm Sewer System (MS4)
Permit. Based on the City Commission's direction at First Reading, Ordinance 2017 -08 has
been modified to match the state's model fertilizer ordinance, which represents the
minimum requirements that must be enacted to maintain compliance with the City's NPDES
stormwater permit.
CONSIDERATIONS:
BACKGROUND:
. Stormwater runoff contains nutrients that are a major source of pollution flowing into
our natural water bodies. Nitrogen and phosphorous are the two nutrients that are
most problematic in water bodies and are responsible for contributing to algae blooms
and fish kills. The Florida Department of Environmental Protection (FDEP) has
determined that lawn fertilizers containing nitrogen and phosphorous can create risks
to water bodies when used improperly.
e FDEP has classified specific water bodies in Seminole County as "impaired" as a
Public Hearings 400 PAGE 1 OF 3 - August 14, 2017
result of the presence of excess nutrients. For the City of Winter Springs, Lake Jesup
is classified as impaired for having excessive levels of nitrogen and phosphorous.
The City of Winter Springs is entirely within the Lake Jesup drainage basin.
The City's National Pollutant Discharge Elimination System ( NPDES) Municipal
Separate Storm Sewer System (MS4) Permit, issued by FDEP, mandates the adoption
of a fertilizer ordinance that includes all of the requirements set forth in FDEP's
Model Ordinance for Florida - Friendly Fertilizer Use on Urban Landscapes.
. FDEP has extended the time for the cities in Seminole County, including the City of
Winter Springs, to adopt a fertilizer ordinance, with the understanding that all cities
will adopt the ordinance as soon as practical.
CITY OF WINTER SPRINGS FERTILIZER ORDINANCE:
. Ordinance 2017 -08 (Exhibit B) amends Chapter 19 of the City Code and establishes
regulations for the proper use of fertilizers in the City.
Based on the City Commission's direction at First Reading on July 10, 2017,
Ordinance 2017 -08 had been modified to match the Florida Department of
Environmental Protection's (FDEP) Model Fertilizer Ordinance. The FDEP Model
Ordinance represents the minimum requirements that must be enacted by the City of
Winter Springs to maintain compliance with the City's NPDES stormwater permit.
e Highlights of Ordinance 2017 -08:
o Fertilizer containing nitrogen or phosphorus may not be applied to turf or
landscape plants during the Prohibited Application Period (severe rainfall
events) or to saturated soils.
o Fertilizer may not be applied within fifteen (10) feet of any pond, stream,
watercourse, lake, canal, or wetland.
o Fertilizers applied to turf must be applied in accordance with requirements and
directions provided by Rule 5E- 1.003, Florida Administrative Code, "Fertilizer
Label Requirements for Urban Turf, Sports Turf or Lawns" (2016), as this
regulation may be amended from time to time.
o Fertilizer must not be applied, spilled, or otherwise deposited on any
impervious surfaces.
o In no case may grass clippings, vegetative material, vegetative debris, or any
combination of them be washed, swept, or blown off into stormwater drains,
ditches, conveyances, water bodies, wetlands, or sidewalks, or roadways. Any
material that is accidentally so deposited must be immediately removed to the
maximum extent practicable.
o Golf courses, athletic fields and turf managed for active recreation, whose
owners implement Best Management Practices as described in Rule 5E- 1.003(2)
(d), Florida Administrative Code, "Fertilizers Labeled for Sports Turf at Golf
Courses, Parks and Athletic Fields" (2016), as this regulation may be amended
Public Hearings 400 PAGE 2 OF 3 - August 14, 2017
from time to time, are exempt.
The adoption of Ordinance 2017 -08 satisfies the City's NPDES permit requirement to
have a fertilizer ordinance in place. In addition, the adoption of a Fertilizer
Ordinance provides Total Maximum Daily Load (TMDL) Credit for the City, which
helps to offset the amount of credits needed using more expensive stormwater
treatment methods.
FISCAL IMPACT:
Ordinance 2017 -08 has no direct fiscal impact on the City. Homeowners and commercial
fertilizer applicators may find the proposed fertilizer regulations to increase the cost of lawn
maintenance.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media /Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends the City Commission approve Second Reading of Ordinance 2017 -08 for
final adoption.
ATTACHMENTS:
1. Exhibit A - Legal Advertisement (2 pages)
2. Exhibit B -Ordinance 2017 -08 (10 pages)
Public Hearings 400 PAGE 3 OF 3 - August 14, 2017
City Of Winter Springs - Notice Of Public Hearing
EXHIBIT A
Page 1 of 2
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NGTICE GF PGBLIC HEARING
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION
PROPOSES TO CONSIDER THE FOLLOWING:
ORDINANCE 2017 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 19 OF THE WINTER
SPRINGS CITY CODE AND CREATING A NEW ARTICLE
Ix THEREOF, "PROPER USE OF FERTILIZERS ";
REGULATING THE PROPER USE OF FERTILIZERS BY
ANY APPLICATOR; PROVIDING FOR APPLICABILITY
WITHIN WINTER SPRINGS; ESTABLISHING A
PROHIBITED APPLICATION PERIOD; SPECIFYING
ALLOWABLE FERTILIZER APPLICATION RATES
AND METHODS, FERTILIZER -FREE ZONES, LOW
MAINTENANCE ZONES, AND EXEMPTIONS; REQUIRING
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 WHICH HAVE BEEN
OBSERVED IN AND ON WINTER SPRINGS' NATURAL
AND CONSTRUCTED STORMWATER CONVEYANCES,
RIVERS, CREEKS, CANALS, SPRINGS, LAKES
AND OTHER WATERBODIES; REQUIRING PROPER
TRAINING OF COMMERCIAL AND INSTITUTIONAL
FERTILIZER APPLICATORS; ESTABLISHING TRAINING
AND LICENSING REQUIREMENTS; PROVIDING
FOR ENFORCEMENT AND PENALTIES; AMENDING
CHAPTER 2 OF THE WINTER SPRINGS CITY CODE
TO PROVIDE FOR PENALTIES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
CITY COMMISSION SECOND READING
PUBLIC HEARING
WILL BE HELD ON
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City Of Winter Springs - Notice Of Public Hearing
MONDAY, AUGUST 14, 2617
AT 5:15 RM, OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
Said iidinx m;i; h � iwTrcted by the public at the City Clerk's
Office. I -; ; ,i , -,I - i 1''6 F t F; 434, Winter Springs, Florida, prior to the
public he�ci l ;,,. �ntoieskvr! Ivi,ili rers of the public may appear at the
public hearings and be huai d ;: ith i espect to the proposed ordinances.
The City Commission reserves the right to continue or postpone
hearings to a date certain without re- advertising. Any person
who decides to appeal any decision of the City Commission with
respect to any matter considered at these meetings will need a
record of the proceedings and, for such purposes, may need to
ensure that a verbatim record of the proceedings is made. which
record includes the testimony and evidence upon which the
appeal is based.
SPECIAL ACCOMMODATIONS: Persons with disabilities needing
special accommodations to participate in this proceeding should
contact the City Clerk's Office at 407- 327 -5955 no later than
45 hours prior to the proceeding for assistance.
Notice Of Public Hearing
Current Advertisements
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ONMII:I1■:
ORDINANCE NO. 2017-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 19 OF THE WINTER
SPRINGS CITY CODE AND CREATING A NEW ARTICLE
IX THEREOF, "PROPER USE OF FERTILIZERS ";
REGULATING THE PROPER USE OF FERTILIZERS BY
ANY APPLICATOR; PROVIDING FOR APPLICABILITY
WITHIN WINTER SPRINGS; ESTABLISHING A
PROHIBITED APPLICATION PERIOD; SPECIFYING
ALLOWABLE FERTILIZER APPLICATION RATES AND
METHODS, FERTILIZER -FREE ZONES, LOW
MAINTENANCE ZONES, AND EXEMPTIONS;
REQUIRING 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 WHICH HAVE BEEN OBSERVED IN AND
ON WINTER SPRINGS' NATURAL AND CONSTRUCTED
STORMWATER CONVEYANCES, RIVERS, CREEKS,
CANALS, SPRINGS, LAKES AND OTHER WATERBODIES;
REQUIRING PROPER TRAINING OF COMMERCIAL AND
INSTITUTIONAL FERTILIZER APPLICATORS;
ESTABLISHING TRAINING AND LICENSING
REQUIREMENTS; PROVIDING FOR ENFORCEMENT
AND PENALTIES; AMENDING CHAPTER 2 OF THE
WINTER SPRINGS CITY CODE TO PROVIDE FOR
PENALTIES; 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 § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, pursuant to 33 U.S.C. § 1313(d) (2016) of the Federal Clean Water Act and
the resulting Florida Impaired Waters Rule, Chapter 62 -303, Florida Administrative Code (2016),
the Florida Department of Environmental Protection ( "FDEP ") has classified specific waterbodies
in Seminole County as "impaired" as a result of the presence of excess nutrients; and
City of Winter Springs
Ordinance No. 2017 -08
Page 1 of 11
WHEREAS, the Seminole County National Pollutant Discharge (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit No. FLS000038, issued by the Florida Department
of Environmental Protection under authority delegated to it by the United States Environmental
Protection Agency, mandates the adoption of a fertilizer ordinance that includes all of the
requirements set forth in the Florida Department of Environmental Protection's Model Ordinance
for Florida - Friendly Fertilizer Use on Urban Landscapes pursuant to Section 403.9337, Florida
Statutes (2016), by December 31, 2013 (the "Model Ordinance "); and
WHEREAS, the Florida Department of Environmental Protection has informally extended
the time for the City of Winter Springs to adopt the subject ordinance with the understanding that
the City would adopt the ordinance as soon as practical; and
WHEREAS, it is the intent of the City Commission to adopt this Ordinance consistent
with the terms of the Model Ordinance, and the principal purposes of the instant Ordinance are to
receive credits and otherwise comply with all applicable Total Maximum Daily Loads (TMDLs)
and Basin Management Action Plans (BMAPs); and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 19, is hereby amended as follows (underlined type indicates additions and meet type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing
in Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Chapter 19 — UTILITIES
* **
ARTICLE IX. — PROPER USE OF FERTILIZERS
Sec. 19 -310. — Findings.
As a result of impairment to the City of Winter Springs' surface waters caused by excessive
nutrients, or, as a result of increasing levels of nitrogen in the surface and ground water within the
City of Winter Springs
Ordinance No. 2017 -08
Page 2 of 11
aquifers and springs within the boundaries of the City of Winter Springs, the Winter Springs City
Commission hereby determines that the use of Fertilizers on lands within the City of Winter
Springs creates a risk of contributing to adverse effects on surface and ground water. Accordingly,
the City Commission hereby finds that management measures contained in the most recent edition
of the Florida - Friendly Best Management Practices for Protection of Water Resources by the
Green Industries are required.
Sec. 19 -311. — Purpose and Intent.
This Article IX: (a) regulates the proper use of Fertilizers by anyApplicator, (b ) requires
proper training of commercial and Institutional Fertilizer Applicators, (c) establishes training and
licensing requirements, (d) establishes a Prohibited Application Period, and (e requirements, (d) establishes a Prohibited Application Period, and (e )specifies allowable
Fertilizer Application rates and methods, Fertilizer free zones, Low Maintenance Zones, and
exemptions. This Article IX 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 natural and constructed stormwater conveyances, rivers, creeks, canals, springs,
lakes, and other water bodies. Collectively, these water bodies are an asset critical to the
environmental, recreational, cultural, and economic well -being of city residents and the health of
the public in general. Overgrowth of algae and vegetation hinder the effectiveness of flood
attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients,
including both nitrogen and phosphorus contained in Fertilizer, will help improve and maintain
water and habitat quality_
Sec. 19 -312. — Definitions.
For the purposes of this Article IX, the following terms have the meanings set forth in this
Section unless the context clearly indicates otherwise.
Administrator means the City Manager, or an administrative official of the City of Winter Springs
designated by the City Manager to administer and enforce the provisions of this Article.
Application or Apply means the actual physical deposit of Fertilizer to Turf or Landscape Plants.
Applicator means any Person who Applies Fertilizer on Turf and /or Landscape Plants in the City
of Winter Springs.
Approved Best Management Practices Trainin Program means a training program _ approved per
section 403.9338, F.S., or any more stringent requirements set forth in this Article that includes
the most current version of the Florida Department of Environmental Protection's "Florida -
Friendly Best any Practices for Protection of Water Resources by the Green Industries,
2008," as revised, and approved by the Administrator.
City of Winter Springs
Ordinance No. 2017 -08
Page 3 of 11
Best Management Practices means turf and landscape Practices or a combination of Practices
based on research, field - testing, and expert review, determined to be the most effective and
practicable on- location means, including economic and technological considerations, for
improving water duality, conserving water supplies and protecting natural resources.
Code Enforcement O acer, Official or Inspector means any designated employee or agent who has
the duty to enforce codes and ordinances enacted by the City of Winter Springs.
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.
Fertilizer. Any substance or mixture of substances that contains one or more recognized _ n 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 capabilityof plant nutrients or measures of neutralizing capability
claimed to be bresent in a Fertilizer.
Institutional Fertilizer Applicator means any Person, other than a private, non - commercial or a
Commercial Fertilizer Applicator (unless such definitions also apply under the circumstances),
that Applies Fertilizer for the purpose of maintaining Turf and /or Landscape Plants. Institutional
Fertilizer Applicators shall include, but are not limited to, owners, managers or employees
public lands, schools, parks, religious institutions, utilities, industrial or business sites and any
residential properties maintained in condominium or other form of 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 water courses
which is planted and managed in order to minimize the need for Fertilization, watering, mowing,
and related activities.
Person means any natural Person, business, corporation, limited liability company, partnership,
limited partnership, association, club, organization, and /or any other group of people acting as an
organized entity_
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 the City of Winter Springs, issued by the National Weather Service, or if heavy rain, as defined
by the World Meteorological Organization as rainfall greater than or equal to two (2) inches in a
City of Winter Springs
Ordinance No. 2017 -08
Page 4 of 11
twen . -four (24) hour period, is likely_
Saturated Soil means a soil in which the voids are filled with water. Saturation does not require
flow. For the purposes of this Article IX, soils are 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 availabili , to the plant longer than a reference rapid or quick release product.
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 s. 570.02.
Sec. 19 -313. — Applicability.
This Article IX applies to and regulates any and all Applicators of Fertilizer and areas of
Application of Fertilizer within the jurisdictional limits of the City of Winter Springs, unless such
Applicator is specifically exempted by the terms of this Article IX. This Article IX operates
prospectively only, and does not impair any existing contracts.
Sec. 19 -314. — Timin2 of Fertilizer Application.
No Applicator may Apply Fertilizers containing g nitro_ gen, phosphorus, or both to Turf
and /or Landscape Plants during the Prohibited Application Period, or to Saturated Soils.
Sec. 19 -315. — Fertilizer Free Zones.
Fertilizer may not be Applied within ten (10) feet of any pond, stream, watercourse, lake,
canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-
340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop
spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a
minimum of 3 feet shall be maintained. If more stringent Winter Springs City Code regulations
apply, this provision does not relieve the requirements to adhere to more stringent regulations.
Newly planted Turf and /or Landscape Plants may be Fertilized in this zone only for a sixty (60)
dayzperiod beginning thirty (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.
Sec. 19 -316. — Low Maintenance Zones.
A voluntary ten (10) foot Low Maintenance Zone is strongly recommended, but not
City of Winter Springs
Ordinance No. 2017 -08
Page 5 of 11
mandated, from any pond, stream, water course, 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. If more stringent Winter Springs City Code regulations apply,
this provision does not relieve the requirement to adhere to the more stringent regulations. No
mowed or cut vegetative material may posited or left remaining in this zone or deposited in
the water. Care must be taken to prevent the over -spray of aquatic weed products in this zone.
Sec. 19 -317. — Fertilizer Content and Application Rates.
(a) Fertilizers Applied to Turf shall be Applied in accordance with requirements and directions
provided by Rule 5E- 1.003, Florida Administrative Code.
(b) Fertilizer containing nitrogen 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 Stormwater Pollution Prevention Plan for that site.
(c) Nitrogen or phosphorus Fertilizer may not be Applied to Turf or Landscape Plants except
as provided in subsection (a) for Turf, or in the University of Florida/IFAS recommendations for
Landscape Plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency
has been verified by an aproved test.
Sec. 19 -318. — 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, and water bodies, including wetlands.
(b) Fertilizer must not be Applied, spilled, or otherwise deposited on any impervious surfaces.
(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.
(d) Fertilizer released on an impervious surface must be immediately contained and either
legally Applied to Turf or any other legal site, or returned to the original or other aPpropriate
container.
(e) In no case may Fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or water bodies.
City of Winter Springs
Ordinance No. 2017 -08
Page 6 of 11
Sec. 19 -319. — Management of Grass Clippings and Vegetative Matter.
In no case may grass clippings, vegetative material and /or vegetative debris be washed,
swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or
sidewalks, or roadway material that is accidentally so deposited shall be immediately
removed to the maximum extent practicable.
Sec. 19 -320. — Exemptions.
This Article IX does not apply to:
(a) Bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14,
Florida Statutes.
(b) Other properties not subject to or covered under subsection (a) above that have pastures
used for _grazing livestock.
lands used for bona fide scientific research. includiniz_ but not limited to. research on
the effects of Fertilizer use on urban stormwater, water quality, agronomics, or horticulture.
Sec. 19 -321. — Training.
(a) All commercial and Institutional Fertilizer Applicators 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
Landscaping„ program, or an aproved equivalent.
(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. 19 -322. — Licensing of Commercial Fertilizer Applicators.
All commercial applicators or fertilizer within the City, 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 per 5E-
14.117(18) F.A.C.
All businesses applying 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 Local Business Tax Certificate. Owners for any category of
City of Winter Springs
Ordinance No. 2017 -08
Page 7 of 11
occupation which may apply any fertilizer to Turf and /or Landscape Plants shall provide proof of
completion of the program to the City Tax Collector's Office
Sec. 19 -323. — Enforcement, Penalties, and Legal Proceedings.
(a) Any Person found to be in violation of the provisions of this Article IX may be subject to
any Uplicable civil enforcement mechanisms available to the City, including, but not limited to:
injunctive relief, referral to the City's Code Enforcement Board or Code Enforcement Magistrate,
or issuance of a citation pursuant to Section 2 -69 of this Code.
(b) Violations of this Article IX can present a serious threat to public welfare and are
potentially irreparable or irreversible. Therefore, pursuant to Section 2 -69.1 of this Code and
Section 162.21(3)(b), Florida Statutes (2016), as these provisions may be amended from time to
time, a City Code Enforcement Officer may immediately issue a citation to any Person in violation
of this Article IX if the Code Enforcement Officer has reason to believe that the violation presents
a serious threat to the public health, safety, or welfare, or if the violation is irreparable or
irreversible.
(c) Each incidence of violation under this Article IX constitutes a separate violation and
offence and a separate offence will be deemed committed on each day during or on which a
violation occurs or continues.
(d) In addition to the other remedies provided in this Section, the City is authorized to make
application in a court of appropriate jurisdiction for an injunction restraining any person from
violating, or continuing to violate any - provisions of this Article IX. Further, the City may
itself of any other legal _ or equitable remedy available to it in the enforcement of any provision of
this Article IX or any provision of any resolution enacted pursuant to this Article IX.
(e) The City may elect to take any or all of the above remedies concurrently, and the pursuit
of one does not preclude the pursuit of another.
(f) Funds generated by penalties imposed under this section shall be used by the City for the
administration and enforcement of section 403.9337, Florida Statutes, and the corresponding
sections of this Article IX. and to further water conservation and nonpoint pollution brevention
activities.
Section 3. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 2, is hereby amended as follows (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing
in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance):
Chapter 2 — ADMINISTRATION
City of Winter Springs
Ordinance No. 2017 -08
Page 8 of 11
DIVISION 2. — CODE ENFORCEMENT
Subdivision B. — Citations
Sec. 2 -69.4. - Schedule of Violations.
(a) Violation of the following city codes or ordinances is a civil infraction for which a
citation may be issued:
Chpt. 19, Article IX Improper Use of Fertilizers I
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs 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. Severability. 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.
Section 7. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter; provided, however, no citations, notices to appear, notices of violation or other
enforcement procedures may be instituted until October 1, 2017.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 14th day of August, 2017.
City of Winter Springs
Ordinance No. 2017 -08
Page 9 of 11
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO - LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Legal Ad Published:
Effective Date:
July 10, 2017
August 14, 2017
City of Winter Springs
Ordinance No. 2017 -08
Page 10 of 11