[HISTORY: Adopted by the Town Board of the Town of Putnam Valley 2-17-2010 by L.L. No. 1-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Illicit discharges into storm sewers — See Ch. 101, Art. I.
Stormwater management — See Ch. 102.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Any individual, partnership, corporation, trust, estate, limited-liability company, and any other legal entity capable of entering into a contract. "Person" includes, but is not limited to, those engaged in the business of landscape contracting and/or gardening.
A. 
It shall be unlawful for any person to apply fertilizer containing phosphorus or any compound containing phosphorous (such as phosphate) to any outdoor location within the Town of Putnam Valley ("Town").
B. 
The prohibition specified in Subsection A above shall not apply to:
(1) 
Newly established lawn areas during their first growing season;
(2) 
Existing lawn areas whose soil tests provided to the Code Enforcement Officer reveal the need for additional phosphorous.
A. 
Restrictions.
(1) 
Except as provided in Subsection A(2) hereof, no person shall sell or offer for sale within the Town any fertilizer that is labeled as containing phosphorus, or any other compound containing phosphorus, such as phosphate.
(2) 
Subsection A(1) hereof shall not apply where the purchaser certifies in writing to the seller that the phosphorus-containing fertilizer being purchased will be limited to those applications specified in § 88-2B above. Such certification shall contain the purchaser's name, mailing address, location of proposed use and basis of claimed exception. Such certification shall be retained by the seller for a period of two years from date of sale and shall be exhibited to the Town Code Enforcement Officer upon his/her request.
B. 
No person shall within the Town display for sale fertilizer containing phosphorus or any other compound containing phosphorus. Signs shall be posted advising customers that fertilizer containing phosphorus or phosphorus-containing components is available upon request only for uses permitted by § 88-2B.
C. 
Any person who sells or offers for sale fertilizer within the Town is required, at the location where such fertilizers are sold, to post a sign containing this chapter and explaining the effects of phosphorus and nitrogen on water quality.
A. 
A first violation of this chapter shall subject the violator to the imposition by the Town Board of a civil penalty in the sum of $50. The alleged violator shall be issued written notice of the violation at least 10 days prior to the Town Board meeting at which the violation is to be addressed and shall be afforded an opportunity to be heard at said meeting.
B. 
A second and each subsequent violation of this chapter by the same person shall constitute a violation under New York State Penal Law § 55.10, Subdivision 3, and shall subject the violator to a fine of not less than $150 and not more than $500, imprisonment for up to 15 days, or both.