Local Law Filing
(Use this form to file a local law with the Secretary of State)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
underlining to indicate no matter
County
City of ......TOWN OF CAZENOVIA...............
Town
Village
Local Law No...............2................ of the year 2009
A Local Law........... A LOCAL LAW TO BAN LAWN FERTILIZER CONTAINING
PHOSPHORUS IN THE CAZENOVIA LAKE WATERSHED
IN THE TOWN OF CAZENOVIA
Be it enacted by the .....................TOWN BOARD............................... of the
County
City of............................TOWN OF CAZENOVIA.................. as follows:
Town
Village
Be it enacted by the Town Board of the Town of Cazenovia as follows:
SECTION 1. BAN FERTILIZER CONTAINING PHOSPHORUS
The Town Code of the Town of Cazenovia is hereby amended by adding a new Chapter
109 entitled Lawn Fertilizers as follows:
"Chapter 109
LAWN FERTILIZERS
§ 109-1. Purpose and Intent
The Cazenovia Town Board has concluded that phosphorus contained in storm water runoff
contributes to the eutrophication (enrichment) of Cazenovia Lake and consequently
represents a threat to the lake's ecological health, recreational quality, and aesthetic value.
Cazenovia Lake is a natural asset which enhances the environmental, recreational, cultural
and economic resources of the area and contributes to the general health and welfare of the
public. The Board further finds that regulating the amount of phosphorus contained in fertilizer
will help reduce overall phosphorus loading to the lake, which is the best long term
strategy for the restoration and protection of Cazenovia Lake.
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§ 109-2. Applicability
This Chapter applies to all areas of the Cazenovia Lake Watershed, as shown on the map
attached as Schedule B to Chapter 140 of the Town of Cazenovia Code.
§109-3. Definition
For purposes of this Chapter, the following terms shall have the following meanings:
A. "Agriculture uses" means beekeeping, dairying, egg production, floriculture, fish
or fur farming; forest and game management; grazing; livestock raising; orchards;
plant greenhouses and nurseries; poultry raising; raising of grain, grass,
mint and seed crops; raising of fruits, nuts, berries, sod farming and vegetable
raising.
B. "Lawn fertilizer" means any fertilizer, whether applied by property owner, renter
or commercial entity, intended for nonagricultural use, such as for lawns, golf
courses, parks and cemeteries. Lawn fertilizer does not include fertilizer products
intended primarily for garden or indoor use.
§109-4. Regulation of the Use and Application of Lawn Fertilizer
A. Effective March 1, 2009, no person shall apply any lawn fertilizer within the
Town of Cazenovia Lake Watershed that is labeled as containing more than 0%
phosphorus, except as provided in Section 5 of this Chapter.
B. No lawn fertilizer shall be applied when the ground is frozen.
C. No person shall apply lawn fertilizer to any impervious surface including parking
lots, roadways, and sidewalks. If such application occurs, the fertilizer must be
immediately removed from those surfaces and either legally applied to turf or
placed in an appropriate container.
§109-5. Exemptions
The restrictions upon the use of lawn fertilizer under Section 4 of this Chapter shall not
apply to:
A. Newly established turf or lawn areas during their first growing season.
B. Turf or lawn areas that soil tests, performed within the past three years by a state
certified soil testing laboratory or other qualified or recognized authority in the
area of soil analysis, confirm are below phosphorus levels established by the
Cornell Cooperative Extension. The lawn fertilizer application shall not contain
an amount of phosphorus exceeding the amount and rate of application recommended
in the soil test evaluation.
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C. Agricultural uses, vegetable and flower gardens, or application to trees or shrubs.
D. Yard waste compost, bio-solids or other similar materials that are primarily organic in
nature and are applied to improve the physical condition of the soil.
§109-6. Sale of Fertilizer Containing Phosphorus
Effective March 1, 2009, all vendors of lawn fertilizer within the Town of Cazenovia will display
a map of the Cazenovia Lake Watershed and a sign containing the regulations set forth in
this Chapter and the effects of phosphorus on Cazenovia Lake. All vendors will offer fertilizer
that is labeled as containing 0% phosphorus.
§109-7. Enforcement
This Chapter will be enforced by the Codes Enforcement Officer of the Town of Cazenovia.
§109-8. Civil Infraction Penalties; Injunctive Relief
A. Any person who violates Section 4 of this Chapter in the application of lawn fertilizer
at his or her residence shall be subject to a civil infraction penalty of one hundred
($100.00) dollars per violation.
B. Any commercial fertilizer applicator, residential or commercial developer, industrial
or commercial owner, and any person who violates Section 4 shall be subject to a civil
infraction penalty of two hundred ($200.00) dollars for the first violation within a
twelve (12) month period, three hundred five ($305) dollars for the second violation
within a twelve (12) month period, and five hundred ($500) dollars for the third and
each subsequent violation within a twelve (12) month period.
§109-9. Severability
If any section, provision or portion of this Chapter is ruled invalid by a court, the remainder of
this Chapter shall not for that reason be rendered invalid.
SECTION 2. EFFECTIVE DATE
This Local Law shall be effective upon filing with the office of the Secretary of State.
