[Adopted as Sec. 9.09 of the prior Code; amended in its entirety 7-5-2018 by Ord. No. 18-07]
This article is adopted under the authority of §§ 60.22(3) and 61.34(1), Wis. Stats.
The Town of Rome finds that lakes and streams are a natural asset, which enhance the environmental, recreational, cultural and economic resources of the area and contribute to the general health and welfare of the public. The Board further finds that regulating the amount of nutrients and contaminants, including phosphorus contained in fertilizer, entering the lakes will improve and maintain lakes, streams, rivers and groundwater quality.
This article applies in all areas of the Town of Rome.
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURAL USE
- 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.
- Any building which has the primary purpose of human habitation and which contains one or two dwelling units.
- Has the meaning set forth in § 94.64(1)(e), Wis. Stats.
- Shall be the equivalent of the word "forfeiture," and vice versa.
- LAWN FERTILIZER
- Any fertilizer, whether distributed by property owner, renter or commercial entity, distributed for nonagricultural use, such as for lawns, golf courses, parks and cemeteries. "Lawn fertilizer" does not include fertilizer products intended primarily for garden and indoor plant application.
- LAWN WASTE
- Organic debris such as grass clippings, leaves, flowers, and brush which is produced as part of yard development and maintenance.
- Domestic farm animals, such as cattle, horses, sheep, poultry and pigs.
- Includes the plural as well as the singular and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of these who shall hold title to a building, structure or property, or who shall be in actual possession of, or have charge, or control of building, structure, or property as agent of the title holder, or who shall be trustee or guardian of the estate or person of the title holder.
- All grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, public boat landing, public lake access, recreation facility or conservancy district in the Town.
- PARKING LOT
- Any public or private land area where motor vehicles are parked or stored temporarily, but not including the wrecking of automobile or other vehicles or storage for the purpose of repair or wrecking.
- Includes a corporation, firm partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the term "person" is used in any section of this article prescribing a penalty or fine, as to partnerships or associations, the work shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
- PUBLIC NUISANCE
- A thing, act, occupation, condition or use of property, which shall continue for such length of time as to substantially annoy, injure or endanger the comfort, health, repose or safety of the public; in any way render the public insecure in life or in the use of property; greatly offend the public morals or decency; unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
- The Town of Rome, Adams County, Wisconsin, or any duly appointed designate thereof, including, but not limited to, the Town Board and Town committees.
- TOWN BOARD or BOARD
- The present governing body of the Town or any successors to the legislative power of said body, or any duly appointed designate thereof.
- A motor vehicle, trailer, semitrailer or mobile home, whether or not such vehicle is registered under Wisconsin Law.
- Waste is garbage, refuse, and all other discarded or salvageable material, including materials resulting from industrial, commercial, and agricultural operations and from domestic use and public service activities.
- An open space on a lot which is unoccupied and unobstructed by buildings from its lowest level to the sky.
No person shall apply any lawn fertilizer within Town of Rome that is labeled as containing more than 0% phosphorus or other compound containing phosphorus, such as phosphate, except as provided in § 287-9, herein.
No person shall apply any lawn fertilizer within the Town of Rome that is labeled as containing less than 20% slow-release nitrogen.
No lawn fertilizer shall be applied when the ground is frozen.
No person shall apply fertilizer to any impervious surface including parking lots, roadways, and sidewalks. If such application occurs, the fertilizer must be immediately contained and either legally applied to turf or placed in an appropriate container.
No person shall apply any fertilizer to any established natural buffer zones.
No person shall apply any fertilizer within 35 feet of any wetland, pond, shoreline, or ordinary high-water mark of any lake, river or stream as established by the Wisconsin Department of Natural Resources.
The prohibition against the use of fertilizer under § 287-8, herein, shall not apply to:
Newly established turf or lawn areas during their first full growing season.
Turf or lawn areas that soil tests, performed within the past three years by a state-certified soil testing laboratory, confirm are below phosphorus levels established by the University of Wisconsin Extension Service. The lawn fertilizer application shall not contain an amount of phosphorus exceeding the amount and rate of application recommended in the soil test evaluation.
Agricultural uses, vegetable and flower gardens, or application to trees or shrubs.
Yard waste compost, biosolids or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil.
It shall be unlawful for any person to intentionally place, throw, or otherwise discharge lawn waste into any drainage ditch, lake, stream or creek.
The Town Board shall designate an agent who shall be responsible to act upon and enforce this article.
Any person who violates this article in the application of fertilizer at his or her residence shall be subject to a forfeiture of $30 per violation, plus court costs and fees. Any commercial fertilizer applicator, residential or commercial developer, industrial or commercial owner, or other person who violates this article shall be subject to a forfeiture of $50 plus costs and fees for the first violation within a twelve-month period, $150 plus costs and fees for the second violation within a twelve-month period, and $300 plus costs and fees for the third and each subsequent violation within a twelve-month period.
If any provision or portion of this article is ruled invalid by a court, the remainder of the article shall not for that reason be rendered ineffective or invalid.