06-17-2021 Special Commission Meeting Agenda City Manager
City Commission Ronald J.Wasson
Enid Weisman,Mayor ���
Dr.Linda Marks,Vice Mayor �:!_ =�:;\ City Clerk
Jonathan Evans,Commissioner Elllisa L.Horvath,MMC
Rachel S.Friedland,Commissioner i
Denise Landman,Commissioner City Attorney
Marc Narotsky,Commissioner G Weiss Scrota Deifnnan
Robert Shelley,Commissioner e�✓ Cole&Bierman
CITY COMMISSION
SPECIAL MEETING AGENDA
JUNE 175, 2021
Following 9:00 a.m. Commission Workshop
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL
2. ORDINANCE — SECOND READING/PUBLIC HEARING:
AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,CREATING ARTICLE
IX, "FERTILIZER USE," OF CHAPTER 30, "ENVIRONMENT," OF THE CITY
CODE OF ORDINANCES RELATING TO THE REGULATION OF FERTILIZER
APPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
3. ADJOURNMENT.
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, 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 to be
based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through
the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
CITY OF "ENTURA
PUBLIC WORKS/TRANSPORTATION DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J Wasson, City Manager(9L
BY: Joseph S Kroll, Public Works/Transportation Director.(
DATE: May 28, 2021
SUBJECT: Ordinance Creating Article IX FERTILIZER USE of Chapter 30
ENVIRONMENT
June 1, 2021 City Commission Meeting Agenda (First Reading) Item 7
June 17, 2021 City Commission Special Meeting Agenda (Second Reading) Item 2
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance creating
Article IX "Fertilizer Use" of Chapter 30 "Environment" of the City Code of Ordinances
relating to the regulation of fertilizer.
BACKGROUND
The purpose of this ordinance is to regulate the proper use of fertilizers by fertilizer
applicators, which also requires proper training of commercial and institutional fertilizer
applicators; and will establish a prohibited application period. In addition, this will set
application rate restrictions and methods. This ordinance will help improve and maintain
water and habitat quality.
Attachments:
Exhibit "A" Ordinance
JSK/gf
JSK21011
ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CREATING ARTICLE IX, "FERTILIZER USE," OF
CHAPTER 30, "ENVIRONMENT," OF THE CITY CODE OF
ORDINANCES RELATING TO THE REGULATION OF
FERTILIZER APPLICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, excessive nutrients and/or increasing levels of nitrogen and
phosphorus in the surface and/or ground water have resulted in the impairment of
surface waters throughout Florida; and
WHEREAS, pursuant to Section 403.9337, Florida Statutes, county and municipal
governments located within the watershed of a water body must, at minimum, adopt an
ordinance following Florida's Model Ordinance for Florida-Friendly Fertilizer Use on
Urban Landscapes; and
WHEREAS, on April 20, 2021, the Miami-Dade County Board of County
Commissioners adopted Ordinance No. 21-26, imposing minimum countywide standards
regulating the use of fertilizer ("County Ordinance"); and
WHEREAS, in accordance with Section 403.9337, Florida Statutes, and the
County Ordinance, the City Commission desires to implement an ordinance regulating
the use of fertilizers on turf and landscaping within the City to protect surface and/or
ground water, including the waters of Biscayne Bay; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest
of the City and the City's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:'
Section 1. Recitals Incorporated. That each of the above-stated recitals are
1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicated by strikethrough.
City of Aventura Ordinance No. 2021-
hereby adopted and confirmed.
Section 2. Creating Article IX of Chapter 30 of the Code. That Article IX of
Chapter 30, of the Code of Ordinances is here by created to read as follows:
Chapter 30 — Environment
ARTICLE IX. - FERTILIZER USE.
Section 30-220. - Purpose and intent.
This article regulates the proper use of fertilizers by fertilizer applicators: requires
proper training of commercial and institutional fertilizer applicators, establishes a
prohibited application period for fertilizers, sets forth fertilizer application rate restrictions
and methods, creates fertilizer-free zones and low maintenance zones: and provides for
limited fertilizer regulation exemptions. The article requires the use of best management
practices 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 Biscayne Bay and the City's natural and constructed
stormwater systems, lakes, and other water bodies. Collectively, these surface waters
are a critical asset to the environmental, recreational, cultural, and economic well-being
of the City's residents and the health of the public. Regulation of nutrients, including both
phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and
habitat quality.
Section 30-221. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
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.
Best management practices means turf and landscape practices, 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, including the guidelines set forth in the Florida Department of
Environmental Protection's "Florida Green Industries Best Management Practices for
Protection of Water Resources in Florida" Manual.
Commercial fertilizer applicator 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, except as provided in Section 482.1562(9), Florida
Statutes.
Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf,
specialized turf, or landscape plants.
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City of Aventura Ordinance No. 2021-
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, 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 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 natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organizations, and/or any 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 county, issued by the National Weather Service, or if heavy rain
(two inches or more) is likely.
Restricted application period means May 15 to October 31.
Saturated soil means a soil in which the voids are filled with water. Saturation does
not require flow. For the purposes of this article, 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 means waters on the surface of the earth, including the Atlantic
Ocean, Biscayne Bay, lakes, ponds, canals, and other similar water bodies.
Tun`, sod, or lawn means a piece of grass-covered soil held together by the roots of
the grass.
Section 30-222. —Applicability. This article shall be applicable to and shall regulate any
and all applicators of fertilizer and areas of application of fertilizer within the City, unless
such applicator is specifically exempted by the terms of this article.
Section 30-223. - Timing of fertilizer application.
(a) No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf
and/or landscape plants during the prohibited application period, the restricted
application period, or to saturated soil.
(b) Fertilizer shall only be applied to actively growing turf that is not dormant, dead or
unestablished.
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City of Aventura Ordinance No. 2021-
(c) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or
sodding a site, and shall not be applied for the first 60 days after seeding or sodding,
except when hydroseeding for temporary or permanent erosion control in an
emergency situation or in accordance with the stormwater pollution prevention plan
for that site.
Section 30-224. — Fertilizer Zones.
(a) Fertilizer free zones. Fertilizer shall not be applied within 20 feet of any surface
waters, including the Atlantic Ocean, Biscayne Bay, lakes, ponds, and/or canals, or
from the top of a seawall.
(b) Low maintenance zones. A voluntary ten foot low maintenance zone is strongly
recommended, but not mandated, from any surface waters 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 may 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.
Section 30-225. - Fertilizer application.
(a) Fertilizers applied to turf and/or landscape plants within the City shall be applied at
the lowest rate necessary in accordance with best management practices.
(b) Fertilizer containing nitrogen shall be applied to turf and/or landscape plants in an
amount not to exceed one (1) pound of nitrogen per 1,000 square feet per application
and no more than four (4) pounds of nitrogen per 1,000 square feet in a calendar
year.
(c) Fertilizer containing phosphorus shall not be applied to turf and/or landscape plants
in the City, except where a phosphorus deficiency has been demonstrated in the soil
underlying the turf and/or landscape plants by a soil analysis test performed by a
state certified laboratory. Any person who obtains a soil analysis test showing a
Phosphorus deficiency and who wishes to apply phosphorus to turf and/or landscape
plants shall provide a copy of the test results to the City Manager or designee for
approval prior to the application of phosphorus. Where a phosphorus deficiency has
been demonstrated and approved by the City, fertilizer containing phosphorus shall
be applied in an amount not to exceed 0.25 pounds of phosphorus per 1,000 square
feet per application and no more than 0.5 pounds of phosphorus per 1,000 square
feet in a calendar year.
(d) The nitrogen content of granular fertilizers applied to turf or landscape plans within
the City shall contain at least 65 percent slow release, controlled release, timed
release, slowly available, or water insoluble nitrogen per guaranteed analysis label.
Caution shall be used to prevent direct deposition of nutrients in the water.
(e) Liquid fertilizers containing nitrogen applied to turf and/or landscape plants shall not
be applied at a rate that exceeds 0.5 pounds per one thousand (1,000) square feet
per application, and no more than four (4) pounds of nitrogen per 1,000 square feet
in a calendar year.
Section 30-226. - Application practices.
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City of Aventura Ordinance No. 2021-
(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 shall 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 and/or landscaping, or returned to the original or other
appropriate container.
(e) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater systems or water bodies.
(f) Grass clippings, vegetative material, and/or vegetative debris shall not be washed,
swept, or blown off into stormwater drains, ditches, surface waters, sidewalks, or
roadways. Any material that is accidentally deposited shall be immediately removed
to the maximum extent practicable.
Section 30-227. - Exemptions.
The provisions set forth above in this article shall not apply to:
(a) Bona fide farm operations as defined in the Florida Right to Farm Act, Section
823.14, Florida Statutes, provided that fertilizers are applied in accordance with best
management practices:
(b) Other properties not subject to or covered under the Florida Right to Farm Act that
have pastures for grazing livestock provided that fertilizers are applied in accordance
with best management practices:
(c) Any lands used for bona fide scientific research including, but not limited to, research
on the effect of fertilizer use on urban stormwater, water quality, agronomics, or
horticulture.
(d) City owned, leased, or maintained athletic fields, or private or publicly owned,
leased, or maintained golf courses.
Section 30-228. - Training.
(a) All commercial and institutional fertilizer applicators of fertilizer within the City's
jurisdiction 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's Florida-Friendly
Landscapes Program (or an approved equivalent).
(b) Private, non-commercial applicators are required to follow the recommendations of
the University of Florida's Florida Yards and Neighborhoods Program when applying
fertilizers.
(c) All commercial applicators of fertilizer within the City's jurisdiction 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 for commercial
fertilizer application.
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City of Aventura Ordinance No. 2021-
(d) Prior to a business applying fertilizer to turf and/or landscape plants, the business
must ensure that at least one employee has completed the six-hour training program
in the Florida-Friendly Best Management Practices for Protection of Water
Resources by the Green Industries (or an approved equivalent). Upon request, a
business shall provide proof of completion of the program to the City Manager or
designee.
Section 30-229. - Enforcement, penalties.
(a) Following adoption of this article, the City shall engage in public education efforts to
inform the public of the provisions of this article.
(b) Beginning July 31, 2021, the City's code compliance division shall enforce all
provisions of this article.
(c) Violations of the provisions of this article shall be enforced through Article V. "Code
Enforcement." Chapter 2 of the City Code and shall be subject to the following
penalties:
(1) First violation: written warning:
(2) Second violation: a fine of$250.00.
(3) Third and subsequent violations: a fine of$500.00.
(d) Each day in violation of these regulations within a 365 day period, beginning with the
date of the first violation, shall constitute a separate offense. The City Commission
or City Manager may approve any other appropriate legal action, including but not
limited to emergency injunctive action, to enforce the provisions of this Code.
(e) In addition to any applicator, commercial fertilizer applicator, or institutional
applicator, the owner of any real property upon which any fertilizer regulated herein
is applied shall be responsible for compliance with this article to the same extent as
the applicator, commercial fertilizer applicator, or institutional applicator.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura, that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions, and that the
word Ordinance shall be changed to Section or other appropriate word.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or
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City of Aventura Ordinance No. 2021-
parts of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Landman, who moved its
adoption on first reading. This motion was seconded by Commissioner Evans, and upon
being put to a vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Absent
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Dr. Linda Marks
Mayor Enid Weisman
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City of Aventura Ordinance No. 2021-
PASSED on first reading on this 1st day of June, 2021.
PASSED AND ADOPTED on second reading on this 17t" day of June, 2021.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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