§ 9-101 - Definitions.
For this article, the following terms shall have the meaning set forth in this section unless the context clearly indicates otherwise.
ADMINISTRATOR. The City Manager, or an administrative official of City of Cape Coral government designated by the City Manager to administer and enforce the provisions of this article.
APPLICATION orAPPLY. The actual physical deposit of fertilizer to turf or landscape plants.
APPLICATOR. Any person who applies fertilizer on turf and/or landscape plants in the City of Cape Coral.
BEST MANAGEMENT PRACTICES. 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.
CITY OF CAPE CORAL APPROVED BEST MANAGEMENT PRACTICES TRAINING PROGRAM. A training program approved by the City of Cape Coral that includes at a minimum, 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 any more stringent requirements set forth in this article.
CODE ENFORCEMENT OFFICER, OFFICIAL, or INSPECTOR. Any designated employee or agent of the City of Cape Coral whose duty it is to enforce codes and ordinances enacted by the City of Cape Coral.
COMMERCIAL FERTILIZER APPLICATOR. Except as provided in F.S. § 482.1562(9), any person who applies fertilizer on turf or landscape plants in the City of Cape Coral to property not owned by the person or firm applying the fertilizer, and the employer of the applicator in exchange for money, goods, services or other valuable consideration.
FERTILIZE, FERTILIZING, orFERTILIZATION. The act of applying fertilizer to turf, specialized turf, or landscape plants.
FERTILIZER. 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.
FERTILIZER-RESTRICTED ZONE. Within 15 feet of any pond, stream, watercourse, lake, canal, or wetland, as defined by the Florida Department of Environmental Protection, or from the top of a seawall.
GOVERNING BODY. The City Council of the City of Cape Coral, Florida.
GUARANTEED ANALYSIS. The percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.
IMPERVIOUS SURFACE. Hard surfaced areas which either prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly affect the natural infiltration or runoff patterns which existed prior to development.
INSTITUTIONAL APPLICATOR. Any person, other than a non-commercial or commercial fertilizer 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.
LANDSCAPE PLANT. Any native or exotic tree, shrub, or groundcover, but excluding turf.
LOCAL BUSINESS TAX RECEIPT. The document that is issued by the local governing authority and evidences that the person in whose name the document is issued has complied with the provisions of F.S. Chapter 205, relating to the local business tax.
PERSON. Any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity.
PROHIBITED APPLICATION PERIOD. June 1 through September 30 and, otherwise, 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 Lee County, issued by the National Weather Service, or if heavy rain is likely. Notwithstanding the foregoing, the City Manager is authorized to extend the prohibited application period for an additional period of one month from May 1 through May 31 as provided in § 9-103.
SLOW RELEASE, CONTROLLED RELEASE, TIMED RELEASE, SLOWLY AVAILABLE, orWATER INSOLUBLE NITROGEN. 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. An area of grass-covered soil held together by the roots of the grass, including, but not limited to, sod or lawn.
URBAN LANDSCAPE. Pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in F.S. § 570.02.
(Ord. 79-21, § 1, 10-6-2021) (Ord. 79-21, § 1, 10-6-2021) (Ord. 79-21, § 1, 10-6-2021) (Ord. 79-21, § 1, 10-6-2021) (Ord. 79-21, § 1, 10-6-2021) (Ord. 86-10, 11-29-2010)
