Fiscal Note
No appropriation required.
Title
SUBSTITUTE - Amending Sections 7.48(6) and (7) of the Madison General Ordinances to recognize the corresponding County ordinance pertaining to fertilizer containing phosphorus, to incorporate County provisions for consistency, and to clarify that there are no conflicts between the ordinance and federally approved label instructions.
Body
The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (6) of Section 7.48 entitled "Regulations on the Sale and Use of Fertilizers" of the Madison General Ordinances is amended to read as follows:
"(6) It shall be unlawful for any person to display or distribute for retail sale lawn and turf fertilizer containing more than a trace of phosphorus. This prohibition shall apply to the fertilizer content of a product that combines fertilizer with a pesticide. Signs may be posted advising customers that lawn and turf fertilizer containing phosphorus is available upon request for uses permitted by sub. (7)(a). A sign containing the regulations set forth in this section and the effects of phosphorus on Dane County's waters must be prominently displayed where lawn and turf fertilizers are sold. This prohibition shall only apply when the retail sale is to a resident of the City of Madison. "
2. Subsection (7) entitled "Exceptions" of Section 7.48 entitled "Regulations on the Sale and Use of Fertilizers" of the Madison General Ordinances is amended to read as follows:
"(7) Exceptions.
(a) Subsection (3) shall not apply when:
1. a tissue, soil or other test by UW-Extension Laboratory or another approved state-certified soil-testing laboratory and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient to support healthy turf growth, as determined by the University of Wisconsin Extension Service, provided that the proposed lawn and turf fertilizer application shall not contain an amoun...
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