[HISTORY: Adopted by the Township of Howell
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-20-2005 by Ord. No. O-05-28]
The purpose of this article is to prohibit the
outdoor application of fertilizer other than low phosphorus fertilizer
in the Township of Howell so as to protect public health, safety and
welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have the meanings
stated herein unless their use in the text of this chapter clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Any substance containing one or more recognized plant nutrients
which is used for its plant nutrient content, and which is designed
for use or claimed to have value in promoting plant growth, except
that it shall not be considered to include animal or vegetable manure
or compost.
A fertilizer for which the guaranteed analysis, stated in
whole numbers, of available phosphoric acid is zero.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
It shall be unlawful to apply outdoors any fertilizer
other than low phosphorus fertilizer.
A.
Any application of fertilizer at a commercial farm
that is exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
B.
Any application of fertilizer needed for establishing
new vegetation after land disturbance in accordance with the requirements
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq.
This article shall be enforced by the Police
Department and the Code Enforcement Departments of the Township of
Howell.
Any person who violates any one or more sections
of this article shall be subject to a fine of not more than $1,000
for each separate offense and/or confinement in the Ocean County Jail
for a period of not more than 90 days.
