2020-016 Creating a New Chapter 176 Enacting a Fertilizer Management, Grass Clippings and Vegetative Material/Debris and Pet Waste Chapter ORDINANCE NO. 2020-016
AN ORDINANCE OF CITY OF OCOEE, FLORIDA,
CREATING A NEW CHAPTER 176 IN THE CITY OF OCOEE
CODE OF ORDINANCES; ENACTING A "FERTILIZER
MANAGEMENT, GRASS CLIPPINGS AND VEGETATIVE
MATERIAL/DEBRIS, AND PET WASTE CHAPTER"
REGULATING APPLICATION OF FERTILIZER TO
LAWNS AND TURF IN THE CITY OF OCOEE; PROVIDING
FOR DEFINITIONS; PROVIDING FOR SEASONAL
RESTRICTIONS ON FERTILIZER APPLICATION;
PROVIDING RESTRICTIONS FOR FERTILIZER
CONSTITUENTS PHOSPHORUS AND NITROGEN;
PROVIDING FOR RESTRICTIONS IN RATES OF
FERTILIZER APPLICATION; PROVIDING FOR TRAINING
REQUIREMENTS FOR COMMERCIAL APPLICATORS OF
FERTILIZER; PROVIDING FOR GRASS CLIPPINGS AND
VEGETATIVE MATERIAL/ DEBRIS, AND PET WASTE
MANAGEMENT; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, phosphorus and nitrogen, the primary nutrients associated with the
degradation of surface and groundwater, are commonly the primary components of fertilizer for
lawn and turf application; and
WHEREAS, the Florida Watershed Restoration Act (403.067 F.S.) and the NPDES
Municipal Stormwater Permitting Program require local governments to reduce pollutant loads
discharged from their stormwater management systems to better protect and restore surface and
ground waters; and
WHEREAS, the amount of fertilizer applied to a given landscape and method of
application have the potential to create nutrient pollution and adversely affect the quality of
waterways and water bodies in the City of Ocoee (hereafter known as "City"); and
WHEREAS,the City's National Pollutant Discharge (NPDES) Municipal Separate Storm
Sewer System (MS4) Permit No. FLS000011-004, 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, by December 31, 2013 (the "Model Ordinance"); and
WHEREAS,the Florida Department of Environmental Protection has informally extended
the time for the City to adopt the subject ordinance with the understanding that the City will adopt
the ordinance as soon as practical; and
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WHEREAS,the City recognizes the need for the protection of water as a natural resource
through the application of Florida-Friendly LandscapingTM practices; and
WHEREAS, City staff has coordinated with the Florida Department of Environmental
Protection in the development of this ordinance; and
WHEREAS,the City Commission of the City of Ocoee hereby finds and declares that the
adoption of this ordinance is appropriate, and in the public interest of the citizens of this
community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter
166, Florida Statutes, and Rule 40C-2.042, Florida Administrative Code.
SECTION 2. Adoption of a New Chapter 176. A new Chapter 176 of the City of Ocoee
Code of Ordinances, entitled Fertilizer Management, Grass Clippings and Vegetative
Material/Debris, and Pet Waste Requirements, is hereby added to read as follows with underlines
indicating new language:
CHAPTER 176 -- FERTILIZER MANAGEMENT, GRASS CLIPPINGS AND VEGETATIVE
MATERIAL/DEBRIS,AND PET WASTE REQUIREMENTS
176-1. TITLE; AUTHORITY.
A. This Chapter shall be known and may be cited as the "Fertilizer Management, Grass
clippings and vegetative material/debris, and Pet Waste Chapter."
B. The City has the authority to adopt this Chapter pursuant to Article VIII of the
Constitution of the State of Florida, Chapter 166, Florida Statutes, and Rule 40C-
2.042, Florida Administrative Code.
$176-2. INTENT AND PURPOSE
It is the intent and purpose of this ordinance to implement uniform citywide procedures
that promote the proper use and application of fertilizer.
&176-3. DEFINITIONS
For the purpose of this chapter, the following terms, phrases, words and their derivatives
shall have the meaning given herein. When not inconsistent with the context, words used in the
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present tense include the future,words in the plural include the singular,and words in the singular
include the plural.
ADMINISTRATOR — The Administrator or his/her designee, or such other
person as may, from time-to-time, be designated by the City Manager.
APPLY OR APPLICATION — The physical deposit, placement, or release of
fertilizer upon soil, turf, or landscape plants.
APPLICATOR—Any person who applies fertilizer.
BEST MANAGEMENT PRACTICES (BMPs) —The practice or 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 quality, conserving water
supplies, and protecting natural resources.
COMMERCIAL APPLICATOR—Any person who applies fertilizer in exchange
for money, goods, services, or other valuable consideration and who is required by
law, ordinance, or regulation to obtain a local business tax receipt.
FERTILIZER — Any substance or mixture of substances, excluding pesticides,
organic composts, fertilizer derived from biosolids, and reclaimed water that
contains one (1) 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 —The percentage of plant nutrients or measures of
neutralizing capability claimed to be present in a fertilizer.
GOLF COURSE — Any public or private area of land designed and used
exclusively for playing or practicing golf, including tees, fairways, greens, rough
areas, hazards, and driving ranges (stand-alone ranges or those associated with a
golf course). A golf course shall also include the following uses if they are
accessory to the above uses: clubhouses and all facilities adjacent to and associated
with the daily operations of the above-referenced areas. Golf-related structures or
features on residentially zoned private land shall not constitute a golf course.
GROUNDCOVER — Plants used in mass as an alternative to turf or lawn or to
create variety in landscape, usually not having a mature height over two (2) feet
tall.
LANDSCAPE PLANT(S) —Any shrub, tree, or groundcover, excluding turf and
vegetable gardens.
PERSON—Any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organization, or other group of
people acting as an organized entity.
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RECLAIMED WATER — Effluent which has been treated to advanced tertiary
treatment standards in compliance with the requirements of the Florida Department
of Environmental Protection; includes the term "treated effluent." The treated
effluent may or may not come from the City-owned and operated wastewater
treatment plant.
RESTRICTED SEASON—The period from June 1 through September 30.
SLOW RELEASE NITROGEN—nitrogen in a form which delays its availability
for plant uptake and use for an extended period after application, or which extends
its availability to the plant longer than a readily available, rapid or quick-release
product. This definition includes the terms "controlled release," "timed release,"
"slowly available," and "water insoluble."
TURF, SOD, OR LAWN — A mat layer of monocotyledonous plants, including
but not limited to,Bahia,Bermuda, Centipede, Paspalum, St. Augustine, or Zoysia.
§ 176-4. APPLICABILITY
A. The provisions of this Chapter shall apply to all property and each person located
within the corporate limits of the City of Ocoee (City).
B. Any business that sells fertilizer within the corporate limits of the City shall post
a notice stating that the use of lawn and landscape fertilizers in the City is restricted
in accordance with this chapter.
§ 176-5. WEATHER AND SEASONAL RESTRICTIONS
A. No fertilizer containing nitrogen or phosphorus shall be applied to turf or
landscape plants during a period for which the National Weather Service has
issued any of the following advisories for any portion of the City: a severe
thunderstorm warning or watch, flood warning or watch, tropical storm warning
or watch, or hurricane warning or watch.
B. No person, except applicators certified pursuant to section 176-9 of this Code,
shall apply fertilizer containing nitrogen or phosphorus to turf or landscape plants
during the restricted season from June 1 through September 30.
§ 176-6. FERTILIZER CONTENT; APPLICATION RATE
A. No fertilizer shall be used unless labeled in accordance with state law.
B. No fertilizer containing phosphorus shall be applied to turf or landscape plants
unless the soil or plant deficiency is verified by a testing methodology approved by
the University of Florida's Institute of Food and Agricultural Sciences
("UF/IFAS"). If a deficiency is verified the application of phosphorus may then be
applied at a rate no greater than one-quarter of one pound (0.25 lb) of phosphorus
per 1,000 square feet per application, not to exceed one-half pound (0.5 lb) of
phosphorus per 1,000 square feet per year. Test results documenting phosphorus
deficiency shall be readily available onsite at application.
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C. Fertilizers containing nitrogen applied to turf or landscaping plants within the City
must contain no less than fifty (50) percent slow release nitrogen as indicated on
the Guaranteed Analysis label, with no more than one pound (1 lb) total nitrogen
per 1,000 square feet of area per application. This requirement shall change to at
least sixty-five percent (65%) slow release if the product is readily available on the
local commercial market by July 1, 2020.
D. Notwithstanding subsection (C) of this section, commercial applicators may apply
fertilizer at a rate that does not exceed one-half of one pound (0.5 lb) of readily
available nitrogen per 1,000 square feet of area, provided, however, that any
application that exceeds one-half of one pound (0.5 ib) of nitrogen shall conform
to subsection (C) of this section.
E. The above-referenced application rates must be reduced appropriately on properties
where reclaimed water is used for irrigation based on available nutrients.
F. Notwithstanding any other provision of this section, fertilizers applied to turf shall
follow the guidelines found in Rule 5E-1.003, F.A.C., as it may be amended from
time to time.
G. Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or
sodding a property and shall not be applied for the first thirty(30)days after seeding
or sodding a property, except when hydro-seeding for temporary or permanent
erosion control in an emergency situation (such as a wildfire or other similar
emergency), or when applied in accordance with the Stormwater Pollution
Prevention Plan for that property.
§ 176-7. FERTILIZER-FREE ZONES
A. No fertilizer shall be applied within fifteen (15) feet of any wetland or surface
waters, including but not limited to a lake,pond, stream, water body, or canal.
B. A low-maintenance buffer zone is strongly recommended, though not required, for
all areas within ten (10) feet of the normal high-water elevation of any lake, pond,
stream, water body, or canal, or any wetland, excluding permitted stormwater
ponds. Low-maintenance zones should be planted and managed in such a way as to
minimize the need for watering,mowing, and other active maintenance.No mowed
or cut vegetative material may be deposited or left remaining in this zone or
deposited in the water. Care should be taken to prevent over-spray of aquatic weed
control products in this zone.
§ 176.8. APPLICATION PRACTICE
A. Broadcast spreaders applying fertilizers must be equipped with deflector shields
positioned to deflect fertilizer from all impervious surfaces, rights-of-way,
stormwater drains, ditches, conveyances, and water bodies.
B. No fertilizer shall be deposited, washed, swept, or blown off, intentionally or
inadvertently, onto any impervious surfaces, public right-of-way, public property,
stormwater drain, ditch, conveyance, or water body. 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.
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Fertilizer released on an impervious surface must be immediately contained and
either applied to turf or landscape plants or other legal site in strict accordance with
this Code, or returned to the original or other appropriate container.
176.9. TRAINING REQUIREMENTS; PROOF OF COMPLIANCE
A. No Commercial Applicator shall cause fertilizer to be applied,except at his/her own
residence, without a valid limited certification for urban landscape commercial
fertilizer application from the Florida Department of Agriculture and Consumer
Services, Florida Department of Environmental Protection's Florida-Friendly Best
Management Practices for Protection of Water Resources by the Green Building
Industries training by OF/IFAS, or City-approved equivalent.
B. Each Commercial Applicator shall ensure that each applicator he/she employs has
a valid limited certification for urban landscape commercial fertilizer application
from the Florida Department of Agriculture and Consumer Services or approved
equivalent prior to the application of fertilizer.
C. Non-commercial applicators are encouraged to complete the online training such
as "Orange County Fertilizer Application Education Course for Citizens" on the
Orange County fertilizer web page or equivalent.
D. All Commercial Fertilizer Applicators shall have in their possession at all times }
evidence of certification by the Florida Department of Agriculture and Consumer
Services, Florida Department of Environmental Protection's Florida-Friendly Best
Management Practices for Protection of Water Resources by the Green Building d
Industries training by OF/IFAS, or City-approved equivalent.
§ 176-10. EXEMPTIONS; EXCEPTIONS
A. Sections 176-7 through 176-10 of this Chapter shall not apply to golf courses;
provided, however, fertilizer shall not be applied to golf courses in excess of the
provisions set forth in Rule 5E-1.003(3), F.A.C., as it may be amended from time F
to time.
B. This article shall not apply to any bona fide farm operation that the City is without
authority to regulate with regard to fertilizer application pursuant to the Florida
Right to Farm Act, Florida Statues section 823.14 et seq., or other applicable state
law.
C. This article shall not apply to sports turf areas at parks and athletic fields.
D. This article shall not apply to property that is not subject to or covered under the
Florida Right to Farm Act that has pastures used for grazing livestock.
E. This article shall not apply to any property used for bona fide scientific research,
including, but not limited to, research on the effects of fertilizer use on urban
stormwater, water quality, agronomics, or horticulture.
§ 176.11. GRASS CLIPPINGS AND VEGETATIVE MATERIAL/DEBRIS
Grass clippings or vegetative material/debris shall not be deposited, washed, swept, or
blown off, intentionally or inadvertently, onto or into any impervious surface, stormwater drain,
ditch, conveyance, or water body.
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§ 176.12. ANIMAL WASTE
The owner or person having custody or control of every animal shall be responsible for the
removal of any excreta deposited by his/her animal(s) on public walks,recreation areas, or private
property other than his/her own.
§ 176-13. ENFORCEMENT
The provisions of this Section may be enforced by code enforcement or law enforcement
personnel. Any person who fails to comply with the requirements of this Section shall be guilty
of violating the City of Ocoee Code and shall be subject to all enforcement proceedings provided
in general law and in the City of Ocoee Code, including Section 1-12, penalties for offenses, and
Chapter 16, Violations. If a violation is deemed to be a public nuisance or a public safety issue,
the City may seek injunctive or declaratory relief or other civil remedy. Remedies may include
fines, in accordance with Chapter 16 Fine and Fee schedule, as amended, and penalties. Each day
a violation exists it shall constitute a new and separate offense. The Administrator shall oversee
the daily administration of the provisions of this Chapter, including enforcement and the
maintenance of records regarding violations of this Chapter. The Administrator is specifically
authorized to enforce the provisions of this Chapter and issue citations and levy fines in connection
therewith.
SECTION 3. Severability. If any section, subsection, sentence, clause,phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 1
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Codification. It is the intention of the City Commission of the City that the
provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of
the City; and that sections of this Ordinance may be renumbered or relettered and the word
ordinance may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code
is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of
typographical errors which do not affect the intent may be authorized by the City Manager,without
need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
[Signature Page to Follow]
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PASSED AND ADOPTED this '7 day of Z, ,_,/ , 2020.
APPROVED:
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ATTEST: CITY OF OCOEE, FLORIDA
774.4%:I/10Z
Melanie Sibbitt, City Clerk Rusty Johnson`` ayor
(SEAL)
ADVERTISED �c3 ,2020
READ FIRST M ,2020;
READ SECO D TI D
ADOPTED nett , 2020
UNDER A E A ITEM NO. g
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this I day of A-A0 - , 2020.
SHUFFIELD LOWMA „& WILSON, P.A.
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By:
Cit Atto
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