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AGENDA ITEM COVER PAGE
File ID: #6789
Ordinance
Second Reading
Sponsored by: Francis Suarez, Mayor, Ken Russell, Commissioner, Joe Carollo,
Commissioner, Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "GREEN INITIATIVES", BY ADDING ARTICLE VII, TITLED "FLORIDA -
FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA -
FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH
STATE LAW; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR OTHER
GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 6789 (Revision:) Printed On: 4/28/2020
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Legislation
Ordinance
Enactment Number: 13896
File Number: 6789 Final Action Date: 4/9/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "GREEN INITIATIVES", BY ADDING ARTICLE VII, TITLED "FLORIDA -
FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA -
FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH
STATE LAW; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR OTHER
GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, excess nutrients such as nitrogen and phosphorus that come in most
fertilizers can pollute waterways and cause environmental problems including but not limited to
algae blooms; and
WHEREAS, algae blooms kill wildlife, are harmful to humans, and smother seagrass;
and
WHEREAS, the Miami City Commission has determined that the use of fertilizers on
lands within the City of Miami ("City") may contribute to the adverse effects on surface and/or
ground because of the impairment to the City's surface waters caused by excessive nutrients or
increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs
within the boundaries of the City; and
WHEREAS, pursuant to Section 403.0885, Florida Statutes, and rules promulgated
thereunder, the City's National Pollutant Discharge Elimination System ("NPDES") permit
FLS000002-004 authorizes the City to discharge stormwater to waters of the State in
accordance with the approved stormwater management program, effluent limitation, and
monitoring; and
WHEREAS, part of the stormwater management program is compliance with pollution
prevention measures, treatment or removal techniques, stormwater monitoring, use of legal
authority, and other appropriate means to control the quality of permitted stormwater discharge;
and
WHEREAS, one (1) of the seven (7) activities in the stormwater management program
mandates the reduction of pesticides, herbicides, and fertilizer applications pursuant to Section
403.9337, Florida Statutes, where all local governments are encouraged to adopt a Florida
Friendly Landscaping Ordinance which should be adopted within 24 months of the date of the
NPDES permit (November 18, 2016); and
WHEREAS, the required activities and reporting requirements are detailed in Part III. A.
6 of the NPDES permit and are submitted in each annual report to the Florida Department of
Environmental Protection ("FDEP"); and
City of Miami File ID: 6789 (Revision:) Printed On: 4/28/2020
WHEREAS, pursuant to Section 403.9337, Florida Statutes, each municipal government
located within the watershed of a water body or water segment that is listed as impaired by
nutrients pursuant to Section 403.067, Florida Statutes, shall, at a minimum, adopt the FDEP's
Model Ordinance for Florida -Friendly Fertilizer Use on Urban Landscapes; and
WHEREAS, relevant scientific information was considered to address fertilizer use;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 22.5 of the Code of the City of Miami, Florida, as amended, is
hereby further amended as follows:'
"CHAPTER 22.5 - GREEN INITIATIVES
ARTICLE VII. FLORIDA -FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES
Sec. 22.5-129. Puraose 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; and specifies allowable Fertilizer
Application rates and methods, Fertilizer -free zones, Low Maintenance Zones, and exemptions.
This 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 the City'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
City'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 phosphorus and nitrogen contained in Fertilizer, will help
improve and maintain water and habitat quality.
Sec. 22.5-130. Definitions.
For the purposes of this Ordinance, the following words and phrases shall have the
meanings respectively ascribed to them by this Section unless the context clearly indicates
otherwise.
"Application", "Apply", or variants thereof means the actual physical deposit of Fertilizer
to Turf or Landscape Plants.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 6789 (Revision:) Printed On: 4/28/2020
"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.
"Commercial Fertilizer Applicator' or "Commercial Applicator' means any Person who
Applies Fertilizer on Turf and/or Landscape Plants in the City in exchange for money, goods,
services, or other valuable consideration.
"Fertilize." "Fertilizins." or "Fertilization" means the act of ADDIvina Fertilizer to Turf
specialized Turf, or Landscape Plants.
"Fertilizer' means any substance or mixture of substances except pesticide/fertilizer
mixtures such as "weed and feed" products that contains one or more recognized plant nutrients
and promotes plant growth, controls soil acidity or alkalinity, provides other soil enrichment, or
provides other corrective measures to the soil.
"Institutional Applicator' means any Person other than a non-commercial or 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 and managers of public lands, schools, parks, religious
institutions, utilities, industrial or business sites, and any residential properties maintained in
condominium and/or common ownership.
Turf).
"Landscape Plant" means any native or exotic tree, shrub, or groundcover (excluding
"Low Maintenance Zone" means an area a minimum of ten (10) feet wide adiacent to
watercourses which is planted and managed in order to minimize the need for Fertilization,
watering, mowing, etc.
"Pasture" means land used for livestock grazing that is managed to provide feed value.
"Person" means any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organization, or group of people acting as an
organized entity.
"Prohibited Application Period" means the time period during which a Flood Watch or
Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for
any portion of the City issued by the National Weather Service, or if heavy rain is likely.
"Restricted Application Period" means June 1 through September 30.
"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.
"Turf," "Sod," or "Lawn" means a piece of grass -covered soil held together by the roots of
the grass.
City of Miami File ID: 6789 (Revision:) Printed On: 4/28/2020
Sec. 22.5-132. ADDlicabilit
This Ordinance 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 Ordinance from the regulatory provisions of this
Ordinance or an existing contract in effect at the time this Ordinance passes which provides
other regulatory provisions that shall govern only until such existing contract terminates, expires,
or is amended or during any declared State of Emergency pursuant to Chapter 45 of the City
Code. This Ordinance shall be prospective only and shall not impair any existing contracts.
Sec. 22.5-133. Time 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 or to saturated soils. In
addition, Fertilizer containing nitrogen or phosphorus 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 phosphorus shall not be Applied before seeding or
sodding a site and shall not be Applied for the first thirty (30) days after seeding or sodding
except when hydroseeding for temporary or permanent erosion control in an emergency
situation (wildfire. etc.) or in accordance with the Stormwater Pollution Prevention Plan for that
site
Sec. 22.5-134. 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
("FDEP"), currently codified in 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 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.
ec. 22.5-135. 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 should be deposited or left remaining in the Low Maintenance
Zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed
products in the Low Maintenance Zone. Care must be taken to ensure erosion of the surface
soil does not occur. Excessive erosion may result in additional pollution hazard.
ec. 22.5-136. Fertilizer Content and Aaalication Rates.
(a) Fertilizers Applied to Turf and/or Landscape Plants within the City shall be Applied to
Turf and/or Landscape Plants at the lowest recommended rate according to the "Florida Green
Industries Best Management Practices for Protection of Water Resources in Florida, December
2008", as updated, with no more than four (4) pounds of nitrogen per one thousand (1,000)
square feet Applied in any calendar vear.
City of Miami File ID: 6789 (Revision:) Printed On: 4/28/2020
(b) Liquid Fertilizers containing nitrogen Applied to Turf and/or Landscape Plants within
the City shall not be Applied at a rate that exceeds 0.5 pounds per one thousand (1,000) square
feet per Application.
(c) Granular Fertilizers containing nitrogen Applied to Turf and/or Landscape Plants
within the City shall contain at least fifty percent (50%) Slow Release, Controlled Release,
Timed Release, Slowly Available, or Water Insoluble Nitrogen per guaranteed analysis label.
Caution should be used to prevent direct deposition of nutrients in the water.
(d) No Fertilizer containing phosphorus shall be applied to Turf and/or Landscape Plants
within 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 of
Florida 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 prior to the Application of phosphorus.
(e) 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, as amended from time to time, which is
hereby adopted and incorporated by reference into this Ordinance.
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 FDEP dated
October 2012. This does not exempt Applicators at these sites from the required basic Green
Industry BMP training.
Sec. 22.5-137. 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 imaervious surface must be immediatelv 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. convevances. or water bodies.
Sec. 22.5-138. Management of Grass Clippings and Vegetative Matter.
In no case shall grass clippings, vegetative material, and/or vegetative debris, either
intentionally or accidentally, be washed, swept, or blown off into stormwater drains, ditches,
conveyances, water bodies, wetlands, sidewalks, or roadways. Any material that is accidentally
so deposited shall be immediatelv removed to the maximum extent practicable.
City of Miami File ID: 6789 (Revision:) Printed On: 4/28/2020
Sec. 22.5-139. Exemptions.
The provisions set forth 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 Florida Department of Agriculture and
Consumer Services, Office of Agricultural Water Policy for the crop in question, if applicable in
the City.
(b) Other properties not subject to or covered under the Florida Right to Farm Act that
have Pastures used for grazing livestock provided that Fertilizers are Applied in accordance with
the appropriate Best Management Practices manual adopted by the Florida Department of
Agriculture and Consumer Services, Office of Agricultural Water Policy for the crop in question,
if applicable in the City.
(c) Fruit trees and shrubs provided that Fertilizer Application rates do not exceed
University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) recommendations.
(d) Vegetable gardens, owned by individual property owners or a community, provided
that Fertilizer Application rates do not exceed OF/IFAS recommendations per SP 103 Florida
Vegetable Gardening Guide, December 2008, as amended.
(e) Yard waste compost, mulches, or other similar materials that are primarily organic in
nature and are Applied to improve the physical condition of the soil.
(f) Tree trunk infection Fertilization treatments that are performed by a certified arborist.
(g) Golf courses. For all golf courses, the provisions of the Florida Department of
Environmental Protection document, titled "BMPs for the Enhancement of Environmental Quality
on Florida Golf Courses. January 2007". as amended. are reauired and shall be followed when
Applying Fertilizer to golf courses.
(h) Specialized Turf managers are required to follow the provisions of the "Florida Green
Industries Best Management Practices for Protection of Water Resources in Florida, December
2008", as amended, for Turf and Landscape Plants.
Sec. 22.5-140. Training.
(a) All Commercial and Institutional Applicators of Fertilizer within the City 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
FDEP through the University of Florida Extension "Florida -Friendly Landscapes" program.
(b) Private, non-commercial Applicators are required to follow the recommendations of
the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) Florida Yards and
Neighborhoods program when Applying Fertilizers.
Sec. 22.5-141. Licensing of Commercial Applicators.
(a) All Commercial Applicators of Fertilizer within the City 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
FDEP throuah the Universitv of Florida Institute of Food and Aaricultural Sciences (UF/IFAS)
City of Miami File ID: 6789 (Revision:) Printed On: 4/28/2020
"Florida -Friendly Landscapes" program prior to obtaining a City Local Business Tax Receipt
("BTR") 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
Department of Code Compliance when applying for the BTR within 180 days of the effective
date of this Ordinance.
(b) All businesses of any category of occupation who may Apply 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 (1)
employee has an appropriate "Florida -Friendly Best Management Practices for Protection of
Water Resources by the Green Industries" training certificate prior to the business owner
obtaining a BTR.
Sec. 22.5-142. Enforcement.
Funds generated by penalties imposed under this Ordinance shall be used by the City
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.
Sec. 22.5-143. Penalties.
A violation of any provision of this Article shall be punishable by a fine of $250.00 for a
first offense and $500.00 for each offense thereafter and shall be enforced pursuant to the
provisions of Chapter 2, Article X of the City Code. The City, including its departments, boards,
and agencies, may take any and all appropriate action to enforce the provisions of this Article,
including but not limited to code enforcement action pursuant to Chapter 2, Article X of the City
Code, emergency injunctive action, and any other action permitted by law, including but not
limited to Chapter 162, Florida Statutes. The use of one remedy shall not preclude the use of
another."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
4Attor
i ria i ndeez-Cy 1/31/2020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 6789 (Revision:) Printed On: 4/28/2020