§ 20-107. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Application or apply means the actual physical deposit of fertilizer to turf or landscape plants.

Applicator means any person who applies fertilizer on turf and/or landscape plants in the unincorporated areas of the county.

Best management practices (BMPs) means 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.

Code enforcement officer, official, or inspector means any designated employee or agent of the county whose duty it is to enforce codes and ordinances enacted by the county.

Commercial applicator business means any person, sole proprietor, partnership, corporation, business trust, joint venture, or other legal entity that engages in the business of providing lawn fertilizer application in exchange for money, goods, services or other valuable consideration.

Commercial fertilizer applicator, except as provided in F.S. § 482.1592(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator.

Damaged turf or landscape plants means turf or landscape plants that have been deleteriously affected by environmental or biotic stress. Environmental stresses are a result of prolonged exposure to shade, drought, nutrient deficiency, the effects of vehicle and foot traffic, salinity and occasional cold temperatures. Biotic stresses result from living organisms such as insects, diseases or nematodes.

Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants.

Fertilizer means 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.

Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

Heavy rain means rainfall greater than or equal to 50 mm (two inches) in a 24-hour period.

Impervious surfaces means a constructed surface such as sidewalks, roads, parking lots or driveways covered by water impenetrable materials such as asphalt, concrete, brick, pavers, stone and/or highly compacted soils.

Institutional applicator means any person, other than a private, non-commercial or a commercial 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, managers or employees 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 means any native or exotic tree, shrub, or groundcover (excluding turf).

Lawn care and maintenance or landscaping includes, but is not limited to, mowing, trimming, pruning, edging, liming, fertilizing, mulching, seeding and aerating of turf and/or landscaping plants.

Low maintenance zone means an area a minimum of ten feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc.

Noncommercial applicator means any person other than a commercial or institutional applicator who performs lawn care and maintenance on turf and/or landscape plants in the county, such as an individual owner or tenant of a single-family residential unit.

St. Lucie County Approved Best Management Practices Training Program means a training program approved per F.S. § 403.9338 and any more stringent requirements as set forth in this article that includes the most current version of the state department of environmental protection's Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, as revised and approved by the county administrator.

Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.

Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means 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.

Specialized turf means areas of grass used for athletic fields, activity fields, parks, golf course practice and play areas, cemeteries and other similar areas.

Specialized turf manager means a person responsible for fertilizer or directing the fertilization of specialized turf as defined in this section.

Turf, sod, or lawn means a piece of grass-covered soil held together by the roots of the grass.

Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For purposes of this section, agriculture has the same meaning as in F.S. § 570.02.

Water body or water bodies means any visible, standing or open body of water. This shall include, but not be limited to: municipal or private storm sewer systems (including inlets, conveyances and structures), ditches, swales, canals, creeks, rivers, streams, tidal waters, lakes, ponds, ponded water, standing water, marshes, swamps or any other body of permanent or temporary standing or visible water whether or not the water body is natural or manmade or contained by impervious surfaces on the bottom or sides and all wetlands and other surface waters as defined by F.A.C. ch. 62-348.

(Code 1982, § 1-7.6-45; Ord. No. 11-001A, pt. A, 3-1-2011; Ord. No. 2014-3 , § 1-7.6-45, 1-7-2014)