LTC 467-2019 CITY OF NORTH BAY VILLAGE ORDINANCE NO. 2019-011 MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 467-2019
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk / 4
DATE: August 22, 2019
SUBJECT: CITY OF NORTH BAY VILLAGE ORDINANCE NO. 2019-011
Attached for your information is Ordinance No. 2019-011, adopted by the Mayor and City
Commission of City of North Bay Village on July 22, 2019.
AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY
VILLAGE, FLORIDA, MODIFYING THE VILLAGE CODE OF ORDINANCES
BY CREATING CHAPTER 102, "USE OF FLORIDA-FRIENDLY
FERTILIZERS," PERMITTING FOR CERTAIN TYPES OF, AND THE
MANNERS BY WHICH, FERTILIZERS CAN BE USED IN THE
COMMUNITY; PROVIDING FOR LICENSING, TRAINING,
ENFORCEMENT, AND PENALTIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City of North Bay Village Clerk has requested that a copy of this Ordinance be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
REG/Ic
Attachment
F:\CLER\$ALL\LILIA\LTC's-Transmittal's\North Bay Village\Resolution 2019-011 North Bay Village.docx
ORDINANCE NO. 2019-011
AN ORDINANCE OF THE MAYOR AND COMMISSION OF
NORTH BAY VILLAGE, FLORIDA, MODIFYING THE
VILLAGE CODE OF ORDINANCES BY CREATING CHAPTER
102, "USE OF FLORIDA-FRIENDLY FERTILIZERS,"
PERMITTING FOR CERTAIN TYPES OF, AND THE
MANNERS BY WHICH, FERTILIZERS CAN BE USED IN THE
COMMUNITY; PROVIDING FOR LICENSING, TRAINING,
ENFORCEMENT, AND PENALTIES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, North Bay Village (the "Village") geographic location places it within an
environmentally sensitive area that is susceptible to deterioration based on residential and
commercial property maintenance practices; and
WHEREAS, it is recognized that the use of prevalent fertilizers has led and will
continue to lead to an impairment to the Village's surface waters caused by excessive
nutrients or an increase in the levels of nitrogen in the surface and/or ground water within
the aquifers or springs within the boundaries of the Village; and
WHEREAS,the Mayor and Commission have determined that the use of fertilizers
on lands within the county creates a risk to contributing to adverse effects on surface
and/or ground water; and
WHEREAS, accordingly, the Mayor and Commission finds that additional
management measures that are specified in this Ordinance, and are otherwise contained
in the most recent edition of the "Florida-friendly Best Management Practices for
Protection of Water Resources by the Green Industries, 2015', are required to protect the
waters in, under and around the Village; and
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WHEREAS, the Village Commission finds that this Ordinance is necessary for the
preservation and improvement of the environment, public health, safety and welfare of the
Village's residents and visitors and future generations.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY MAYOR AND COMMISSION
OF NORTH BAY VILLAGE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. The foregoing recitals are confirmed, adopted, and
incorporated herein and made a part hereof by this reference.
Section 2. Village Code Amended. The Code of Ordinance of North Bay Village
is hereby amended as follows:
Chapter 102 - Florida-Friendly Use of Fertilizer on Urban Landscapes
102.01 — Purpose and intent.
This Ordinance regulates the proper use of fertilizers by any applicator; requires proper
training of Commercial and Institutional Fertilizer Applicators; establishes training and
licensing requirements; establishes a Prohibited Application Period; specifies allowable
fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and
exemptions. The Ordinance 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 North Bay Village's natural and
constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries
and other water bodies. Collectively, these water bodies are an asset critical to the
environmental, recreational, cultural and economic well-being of the Village's 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 phosphorous and nitrogen contained in fertilizer,
will help improve and maintain water and habitat quality.
102.02 — Definitions
For this Article, the following terms shall have the meanings set forth in this section unless
the context clearly indicates otherwise.
Administrator means the Village Manager, or an administrative official of the
Village designated by the Manager to administer and enforce the provisions of this
article.
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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 Village.
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.
Code Enforcement Officer, Official, or Inspector means any designated employee
or agent of the county whose duty it is to enforce codes and ordinances enacted
by North Bay Village.
Commercial Fertilizer Applicator, except as provided in 482.1562(9) F.S., 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.
County means the unincorporated areas of Miami-Dade County, Florida.
Fertilize, Fertilizing, or Fertilization means the act of applying fertilizer to turf,
specialized turf, or landscape plants.
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, industrial or 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 (10) feet wide adjacent
to surface waters which is planted and managed in order to minimize the need for
fertilization, watering, mowing, etc.
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Miami-Dade County Approved Best Management Practices Training Program
means a training program approved per 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
Management Practices for Protection of Water Resources by the Green Industries,
2015," as revised, and approved by the county Administrator.
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 is likely.
Restricted Application Period means June 1 to September 30.
Saturated Soil means a soil in which the voids are filled with water. Saturation does
not require flow. For the purposes of this ordinance, soils shall be considered
saturation 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 as defined by the Florida Department of Environmental Protection
(Fla. Admin. Code 62-340) means waters on the surface of the earth, contained in
bunds created naturally or artificially, including the Atlantic Ocean, bays, bayous,
sounds, estuaries, lagoons, lakes, ponds, impoundments, rivers, streams, springs,
creeks, branches, sloughs, tributaries, canals, and ditches.
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.
102.04 —Applicability
This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer
and areas of application of fertilizer within the area of North Bay Village, unless such
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applicator is specifically exempted by the terms of this Ordinance from the regulatory
provisions of this Ordinance.This Ordinance shall be prospective only and shall not impair
any existing contracts.
§ 102.05 —Timing of Fertilizer Application
(A) No applicator shall apply fertilizers containing nitrogen and/or phosphorous to
turf and/or landscape plants during the Prohibited Application Period, or to
saturated soils. In addition, fertilizer containing nitrogen or phosphorous shall not
be applied to turf or landscape plants during the Restricted Application Period,
which is defined as June 1 to September 30.
(B) Fertilizer shall only be applied to actively growing turf.
(C) Fertilizer containing nitrogen or phosphorous 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.
§ 102.06 — Fertilizer Free Zones
Fertilizer shall not be applied within fifteen (15) feet of any pond, stream, watercourse,
lake, canal, or wetland as defined by the Florida Department of Environmental Protection
(Fla. Admin. Code 62-340) or from the top of a seawall. If more stringent County Code
regulations apply, this provision does not relieve the requirement to adhere to the more
stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this
Zone only for a sixty (60) day period beginning 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.
102.07 — Low Maintenance Zones
A voluntary ten (10) foot low maintenance zone is strongly recommended, but not
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 County Code
regulations apply, this provision does not relieve the requirement to adhere to the more
stringent regulations. 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.
§ 102.08 — Fertilizer Content and Application Rates
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(A) Fertilizers applied to turf and/or landscape plants within the county shall be
applied in accordance with directions provided by Rule 5E-1.003(2), Florida
Administrative Code, Labeling Requirements for Urban Turf Fertilizers.
(B) Nitrogen or phosphorous fertilizer shall not be applied to turf or landscape
plants except as provided in (a) above for turf, or in UF/IFAS recommendations for
landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or
tissue deficiency has been verified by an approved test.
(C) Fertilizer should be applied to turf and/or landscape at the lowest rate
necessary. Nitrogen shall not be applied at an application rate greater than 0.7 lbs
of readily available nitrogen per one thousand (1,000) square feet at any one time
based on the soluble fraction of formulated fertilizer, with no more than one (1)
pound total nitrogen per one thousand (1,000) square feet applied at any one time,
and not to exceed the nitrogen recommendations set forth below on an annual
basis:
Grass species Maximum N application rate (lbs/1,000 sq
ft/Year)
Bahiagrass 4
Bermudagrass 7
Centipedegrass 3
St. Augustinegrass 6
Zoysia 4_5
(D) No phosphorous fertilizer shall be applied to existing turf and/or landscape
plants within the county at application rates which exceed 0.25 pounds
phosphorous per one thousand (1,000) square feet per application nor exceed
0.50 pounds phosphorous per one thousand (1,000) square feet per year.
(E) The nitrogen content of fertilizer applied to turf or landscape plans within the
county shall contain at least 50% 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.
(F) Fertilizers labeled for sports turf at golf courses, parks, and athletic fields shall:
(1) Have directions for use not to exceed rates recommended in the
document titled SL191 "Recommendations for N, P, K and Mg for Golf
Course and Athletic Field Fertilization Based on Mehlich I Extractant", dated
March 2007, which is hereby adopted and incorporated by reference into
this rule.
(2) Have directions for use in accordance with the recommendations in
"BMP's for the Enhancement of Environmental Quality on Florida Golf
Courses", published by the Florida Department of Environmental
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Protection, dated October 2012. Note that this does not exempt applicators
at these sites from the required basic Green Industry BMP training.
102.09 —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 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 or any other legal site 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 drains, ditches, conveyances or water bodies.
§ 102.10 — Management of Grass Clippings and Vegetative Matter
In no case shall 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 roadways. Any material that is accidentally so deposited shall be
immediately removed to the maximum extent practicable.
102.11 — Exemptions
The provisions set forth above in this Ordinance 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 the
appropriate Best Management Practices Manual adopted by the state Department
of Agriculture and Consumer Services, office of agricultural water policy for the
crop in question
(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 the appropriate Best Management Practices Manual adopted by
the state Department of Agriculture and Consumer Services, office of agricultural
water policy for the crop in question;
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(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.
§ 102.12 —Training
(A) All commercial and institutional applicators of fertilizer within North Bay
Village'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 Extension "Florida-
Friendly Landscapes" program, or an approved equivalent.
(B) Private, non-commercial applicators are required to follow the
recommendations of the University Florida IFAS Florida Yards and Neighborhoods
program when applying fertilizers.
102.13— Licensing Of Commercial Applicators
(A) Prior to 1 January 2020, all commercial applicators of fertilizer within North Bay
Village's jurisdiction shall abide by and successfully complete training and
continuing education requirements 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 IFAS "Florida-Friendly Landscapes" program, or an approved equivalent
program, prior to obtaining a Village Business Tax Certificate or equivalent for any
category of occupation which may apply any fertilizer to turf and/or landscape
plants. Commercial Fertilizer Applicators shall provide proof of completion of the
program to the North Bay Village Hall within 180 days of the effective date of this
ordinance.
(B)After 31 December 2020, all commercial applicators of fertilizer within the North
Bay Village'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 as a Commercial Fertilizer Applicator per 5E-14.117(18)
F.A.C.
(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 or equivalent. 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 Village
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102.14 — Enforcement
Funds generated by penalties imposed under this section shall be used by North Bay
Village for the administration and enforcement of section 403.9337, Florida Statutes, and
the corresponding sections of this ordinance, and to further water conservation and
nonpoint pollution prevention activities.
102.15 — Penalties
Violation of any provision of this article shall be subject to the following penalties:
(A) First violation. Written notification and education.
(B) Second violation. Fifty dollars ($50.00).
(C) Third violation. One hundred dollars ($100.00).
ID) Fourth and subsequent violation(s). Five hundred dollars ($500.00)
increasing 10-fold with each violation.
Each day in violation of this article within a three hundred sixty-five (365) days period,
beginning the date of the first violation, shall constitute a separate offense. The
Commission may take any other appropriate legal action, including but not limited to
emergency injunctive action, to enforce the provisions of this article.
Section 3. Conflict. All Sections or parts of Sections of the Code of
Ordinances, all ordinances or parts of ordinances, and all Resolutions, or parts of
Resolutions, in conflict with this Ordinance are repealed to the extent of such conflict.
Section 4. 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 5. Inclusion in Code. The provisions of this Ordinance shall become
and be made a part of the City Code, that the sections of this Ordinance may be
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renumbered or relettered to accomplish such intentions, and that the word Ordinance
shall be changed to Section or other appropriate word
Section 6. Implementation. The Village Manager, Village Attorney, and Village
Clerk are hereby authorized to take such further action as may be needed to implement
the purpose and provisions of this Ordinance
Section 7. Effective Date. That this Ordinance shall become effective
immediately upon adoption on second reading.
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The foregoing Ordinance was offered by Vice Mayor Wilmoth, who moved its
adoption on second reading, This motion was seconded by Mayor Latham and upon
being put to a vote, the vote was as follows:
Mayor Brent Latham YES
Vice Mayor Marvin Wilmoth YES
Commissioner Jose R. Alvarez ABSENT
Commissioner Andreana Jackson ABSENT
Commissioner Julianna Strout YES
PASSED on first reading on this 9th day of July, 2019.
PASSED AND ENACTED on second reading on this 22nd day of July, 2019.
Br-n L-tham, Mayor
ATT +T.
Elora ''-
Village Clerk 1
APPROVED AS TO LEGAL SUFFICIENCY:
Weiss Serota HeIf an Cole & Bierman, PL
Village Attorney
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