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C;of Boca
Incooporated i 925
ORDINANCE
5469
AN ORDINANCE OF THE CITY OF BOCA RATON
CREATING ARTICLE X, CHAPTER 17, CODE OF
ORDINANCES; ESTABLISHING FERTILIZER USE
REGULATIONS PURSUANT TO THE REQUIREMENTS OF
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Section 303(d) of the federal Clean Water Act and the
resulting Florida Impaired Waters Rule (Chapter 62-303, Florida Administrative Code), the
Florida Department of Environmental Protection (FDEP) has classified specific water bodies
in Palm Beach County as "impaired" as a result of the presence of excessive nutrients;
and
WHEREAS, Florida Statutes, Section 403.9337, requires local governments located
within the watershed of a water body or water segment that is listed as impaired by nutrients
pursuant to Florida Statute, Section 403.067, to adopt an ordinance for Florida-FriendlyTM fertilizer
use on urban landscapes; and
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I WHEREAS, the FDEP, March 2, 2011, issued its Palm Beach County Municipal
2 Separate Storm Sewer System Permit No. FLS 000018-003 (hereinafter referred to as the "MS4
3 Permit") to forty-one (41) governmental entities, including the City of Boca Raton; and
4 WHEREAS, the MS4 permit requires local governments within the watershed of a
5 nutrient impaired water body to adopt FDEP's Model Ordinance for Florida Friendly Fertilizer Use
6 on Urban Landscapes or an Ordinance that includes all the requirements set forth in the Model
7 Ordinance; and
s WHEREAS, surface water runoff and base flow runoff leaves residential
9 neighborhoods, commercial centers, industrial areas, and other lands of Palm Beach County and
to enters into natural and artificial stormwater and drainage conveyances and natural water bodies
11 in Palm Beach County; and
12 WHEREAS, phosphorus and nitrogen, the primary nutrients associated with the
13 degradation of surface water, are commonly the primary components of fertilizer for turf and
14 landscape application; and
15 WHEREAS, the quality of streams, lakes, and wetlands is important to environmental,
16 economic, and recreational prosperity and to the health, safety, and welfare of the residents of
17 Palm Beach County; and
18 WHEREAS, algae blooms and accelerated growth of aquatic weeds in Palm Beach
19 County's water bodies have heightened community concerns about water quality and
20 eutrophication of surrounding waters; and
21 WHEREAS, it is generally recognized that Eastern Palm Beach County soils naturally
22 have adequate phosphorus content for most vegetative needs and that additional phosphorus is
23 therefore only occasionally needed to create or maintain a vibrant landscape; and
24 WHEREAS, it has been recognized that proper application of slow-release nitrogen
25 sources is more efficiently used by plants and less likely to leach or runoff; and
'r�
I WHEREAS, this Ordinance is part of a regulatory program to address nonpoint sources
2 of nutrient pollution which is scientifically based, and economically and technically feasible; and
3 WHEREAS, this Ordinance complies with the MS4 Permit requirements for adoption of
4 a local ordinance; and
5 WHEREAS, in the process of adoption of this Ordinance, the City has considered
6 scientific information, including input from the Department of Environmental Protection, the
7 Department of Agriculture and Consumer Services, and the University of Florida Institute of Food
8 and Agricultural Sciences; now therefore
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10 THE CITY OF BOCA RATON HEREBY ORDAINS:
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12 Section 1. Article X, Chapter 17, Code of Ordinances, is created to read:
13 ARTICLE X. FERTILIZER USE AND REGULATIONS
14 Section 17-259. — Definitions.
15 The following words, terms and phrases, when used in this article, shall have the
16 meanings ascribed to them in this section, except where the context clearly indicates a different
17 meaning:
18 "Application or apply" shall mean the actual physical deposition of fertilizer to turf or
19 landscape plants.
20 "Applicator" shall mean any person who applies fertilizer on turf and/or landscape plants
21 in the City of Boca Raton.
22 "Approved test' shall mean a soil test from the University of Florida, government, or
23 other commercial licensed laboratory that regularly performs soil testing and recommendations.
24 "Best management practices (BMPs)" shall mean turf and landscape practices or
25 combination of practices based on research, field-testing, and expert review, determined to be
26 the most effective and practical site-specific means, including economic and technological
3
1 considerations, for improving water quality, conserving water supplies and protecting natural
2 resources.
3 "Code enforcement officer, official, or inspector" shall mean any employee or agent of
4 the City of Boca Raton designated by the City Manager to enforce codes and ordinances enacted
5 by the City of Boca Raton.
6 "Commercial fertilizer applicator" except as provided in Section 482.1562(9), Florida
7 Statutes, shall mean any person who applies fertilizer for payment or other consideration to
8 property not owned by the person or firm applying the fertilizer, or the employer of the applicators.
9 "Fertilizing or fertilization" shall mean the act of applying fertilizer to turf, specialized
i o turf, or landscape plants.
11 "Fertilizer" shall mean any substance or mixture of substances that contains one (1) or
12 more recognized plant nutrient(s) and promotes plant growth, controls soil acidity or alkalinity,
13 provides other soil enrichment, or provides other corrective measures to the soil.
14 "Institutional applicator" shall mean any person, other than a private, noncommercial or
15 a commercial applicator (unless such definitions also apply under the circumstances), that applies
16 fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall
17 include, but shall not be limited to, owners, managers, or employees of public lands, schools,
18 parks, religious institutions, utilities, industrial or business sites, and any residential properties
19 maintained in condominium and/or common ownership.
20 "Landscape plant" shall mean any native or non-native tree, shrub, or groundcover
21 (excluding turf).
22 "Person" shall mean any natural person, business, corporation, limited liability
23 company, partnership, limited partnership, association, club, organization, and/or any group of
24 people acting as an organized entity.
25 "Prohibited application period" shall mean the time period during which a flood watch
26 or warning, a tropical storm watch or warning, or a hurricane watch or warning is in effect for any
FA
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i portion of the City of Boca Raton, issued by the National Weather Service, or if heavy rain (two
2 (2) inches or more within a 24-hour period) is likely.
3 "Saturated soil" shall mean a soil in which the voids are filled with water. Saturation
4 does not require flow. For the purposes of this division, soils shall be considered saturated if
5 standing water is present or the pressure of a person standing on the soil causes the release of
6 free water.
7 "Slow-release, controlled release, timed release, slowly available, or water insoluble
8 nitrogen" shall mean nitrogen in a form which delays its availability for plant uptake and use after
9 application, or which extends its availability to the plant longer than a reference rapid or quick
io release product.
11 "Turf, sod, or lawn" shall mean an area of grass -covered soil held together by the roots
12 of the grass.
13 "Urban landscape" shall mean pervious areas on residential, commercial, industrial,
14 institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or
15 horticultural plants. For the purposes of this section, agriculture has the same meaning as
16 provided in Section 570.02, Florida Statutes.
17 Section 17-260. - Legislative findings.
18 As a result of the Florida Department of Environmental Protection's determination that
19 certain water bodies within Palm Beach County are impaired by excessive nutrient levels, the City
20 Council of the City of Boca Raton finds that the best management practices contained in the most
21 recent edition of the "Florida -Friendly Best Management Practices for Protection of Water
22 Resources by the Green Industries", are required and are necessary to implement within the city
23 as set forth herein.
24 Section 17-261. - Purpose and intent.
25 This division regulates the proper use of fertilizers by any applicator; requires proper
26 training of commercial and institutional fertilizer applicators; establishes training and licensing
6y
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requirements; establishes a prohibited application period; and specifies allowable fertilizer
application rates and methods, fertilizer -free zones, and exemptions. This division requires the
use of best management practices to minimize negative environmental effects associated with
excessive nutrients in our water bodies. These environmental effects have been observed in and
on Palm Beach County's natural and constructed stormwater conveyances, rivers, creeks, canals,
lakes, estuaries, and other water bodies. Collectively, these water bodies are an asset important
to the environmental, recreational, cultural, and economic well-being of Palm Beach County
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, is
anticipated to help improve and maintain water and habitat quality.
Section 17-262. - Applicability.
The regulations set forth herein shall be applicable to and shall regulate any and all
applicators of fertilizer and areas of application of fertilizer to urban landscapes within the City of
Boca Raton, unless such application is specifically exempted by Section 17-268. These
regulations shall be prospective only and shall not impair any existing contracts.
Section 17-263. - Timing of fertilizer applications.
(a) 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.
(b) Fertilizer containing nitrogen and/or phosphorus shall not be applied before
seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding,
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.
Section 17-264. - Fertilizer -free zones.
Fertilizer shall not be applied within ten (10) feet (or three (3) feet if a deflector shield
or drop spreader is used) of any pond, stream, water body, lake, canal, or wetland (as defined by
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1 the Florida Department of Environmental Protection in Chapter 62-340, Florida Administrative
2 Code), or from the top of a seawall or lake bulkhead. Newly planted turf or landscape plants may
3 be fertilized in this zone only for a sixty-day period beginning thirty (30) days after planting if
4 needed to allow the plants to become well established. Caution shall be used to prevent direct
5 deposition of nutrients into the water.
6 Section 17-265. - Fertilizer content and application rates.
7 (a) Fertilizers applied to turf within the City of Boca Raton shall be formulated and
8 applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida
9 Administrative Code. Under Rule 5E-1.003(2), required application rate and frequency
10 maximums, which vary by plant and turf types, are found on the labeled fertilizer bag or container.
11 (b) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants,
12 except as provided in subsection (a) above for turf, or in the University of Florida/ Institute of Food
13 and Agricultural Services (UF/IFAS) recommendations for landscape plants, vegetable gardens,
14 and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved
15 test.
16 (c) Fertilizer used for sports turf at golf courses shall be applied in accordance with
17 the recommendations in "Best Management Practices for the Enhancement of Environmental
18 Quality on Florida Golf Courses", published by the Florida Department of Environmental
19 Protection, dated January 2007, as may be amended. Fertilizer used at park or athletic fields shall
20 be applied in accordance with Rule 5E-1.003(2), Florida Administrative Code.
21 Section 17-266. - Fertilizer application practices.
22 (a) As required in section 17-264 of this division, spreader deflector shields shall be
23 used when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that
24 fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones, and water
25 bodies, including wetlands. Any fertilizer applied, spilled, or deposited, either intentionally or
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1 accidentally, on any impervious surface shall be immediately and completely removed to the
2 greatest extent practicable.
3 (b) Fertilizer released on an impervious surface must be immediately contained and
4 either legally applied to turf or any other legal site, or returned to the original or other appropriate
5 container.
6 (c) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
7 stormwater drains, ditches, drainage conveyances, or water bodies.
s (d) Property owners and managers are encouraged to use an integrated pest
9 management (IPM) strategy, as currently recommended by the University of Florida Cooperative
10 Extension Service publications, and to utilize the plant selection and landscape design standards
I l of the OF/IFAS Florida -Friendly Landscape Program.
12 Section 17-267. - Management of grass clippings and vegetative matter.
13 In no case shall grass clippings, vegetative material, and/or vegetative debris
14 intentionally be washed, swept, blown, or otherwise deposited onto or into stormwater drains,
15 drainage ditches or conveyances, water bodies, wetlands, sidewalks, or roadways. Any material
16 that is accidently so deposited shall be immediately removed to the maximum extent practicable
17 and disposed of in accordance with applicable codes and regulations.
18 Section 17-268. - Exemptions.
19 The provisions set forth hereinabove shall not apply to lands used for bona fide
20 scientific research, including, but not limited to, research on the effects of fertilizer use on urban
21 stormwater, water quality, agronomics, or horticulture.
22 Section 17-269. - Training.
23 (a) All commercial and institutional applicators of fertilizer within the City of Boca
24 Raton shall abide by and successfully complete the six -hour training program in the "Florida -
25 Friendly Best Management Practices for Protection of Water Resources by the Green Industries"
26 offered by the Florida Department of Environmental Protection through the University of
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Florida/Palm Beach County Cooperative Extension Service "Florida -Friendly Landscapes"
program or an approved equivalent program.
(b) Noncommercial and noninstitutional applicators not otherwise required to be
certified, such as private citizens on their own residential property, are encouraged to follow the
recommendations of the OF/IFAS "Florida -Friendly Landscape Program" and label instructions
when applying fertilizers.
Section 17-270. - Licensing of commercial applicators.
(a) All businesses applying fertilizer to turf or landscape plants (including, but not
limited to, residential lawns, golf courses, commercial properties, and multifamily and
condominium properties) must ensure that the business owner or his/her designee holds the
appropriate "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 occupation which may apply any fertilizer to turf and/or
landscape plants shall provide proof of completion of the program to the City of Boca Raton. It is
the responsibility of the business owner to maintain the "Florida -Friendly Best Management
Practices for Protection of Water Resources by the Green Industries" certificate in order to receive
his/her/its business tax receipt annually. Additionally, commercial applicators of fertilizer who are
not required to obtain a business tax receipt from the City of Boca Raton shall be required to
register with the city pursuant to Section 8-93 of the City Code of Ordinances.
(b) After December 31, 2018, all commercial applicators of fertilizer within the City of
Boca Raton 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.
(c) All businesses applying fertilizer to turf and/or landscape plants (including, but not
limited to, residential lawns, golf courses, commercial properties, and multifamily and
condominium properties) must ensure that at least one (1) employee has an appropriate "Florida -
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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 or prior to
registering with the city pursuant to Section 8-93 of the City Code of Ordinances. Standard
Business Tax Receipt (BTR) and/or standard transaction fees shall apply.
Section 17-271. - Enforcement.
(a) The provisions of this division shall be enforced by: (1) the City of Boca Raton
code enforcement special magistrate pursuant to the authority granted by Section 162.01 et seq.,
Florida Statutes, as may be amended, and Chapter 2 of the City Code of Ordinances, as may be
amended; or (2) the City of Boca Raton through its authority to enjoin and restrain any person
violating the City Code of Ordinances. The City of Boca Raton may also pursue any other
enforcement remedies available at law or in equity.
(b) Any violation of this division is hereby deemed to be irreversible and irreparable
in accordance with Section 162.01 et seq., Florida Statutes.
Section 2. If any section, subsection, clause or provision of this ordinance is held
invalid, the remainder shall not be affected by such invalidity.
Section 3. All ordinances and resolutions or parts of ordinances and resolutions and
all sections and parts of sections in conflict herewith shall be and hereby are repealed.
Section 4. Codification of this ordinance in the City Code of Ordinances is hereby
authorized and directed.
Section 5. This ordinance shall take effect immediately upon adoption.
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PASSED AND ADOPTED by the City Council of the City of Boca Raton this2� day
of 2018.
ATTEST:
S san S. Saxton, City Clerk
CITY OF BOCA RATON, FLORIDA
Scott Singer, May r
Approved as to form:
C4Dia a Grub Frleser
Attorney
COUNCIL VOTE
YE NO ABSTAINED
MAYOR SCOTT SINGER
DEPUTY MAYOR JEREMY RODGERS
COUNCIL MEMBER MONICA MAYOTTE
COUNCIL MEMBER ANDREA LEVINE O'ROURKE
COUNCIL MEMBER ANDY THOMSON
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018917v2