Town of Greenville, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenville 9-10-2007 by Ord. No. 45. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 265.
Trees — See Ch. 282.
Weeds and managed natural landscapes — See Ch. 307.

§ 135-1 Authority.

This chapter is adopted under the authority of the Town Board.

§ 135-2 Purpose and intent.

The Town Board finds that the Town of Greenville waterways are a natural asset, which enhances 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, specifically phosphorus contained in fertilizer, entering the lakes will improve and maintain lake water quality.

§ 135-3 Applicability.

This chapter applies in all areas in the Town of Greenville.

§ 135-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL USES
Beekeeping, dairying, egg production, floriculture, fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouse and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, berries, sod farming and vegetable raising.
FERTILIZER
A fertilizer that contains the three chief plant nutrients, nitrogen, phosphoric acid, and potash.
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 or indoor use, or product intended for snow or ice removal.

§ 135-5 Use and application of lawn fertilizer.

A. 
Effective January 1, 2008, no person shall apply any lawn fertilizer within the Town of Greenville that is labeled as containing more than 0% phosphorus or other compound containing phosphorus, such as phosphate, except as provided in § 135-6.
B. 
No person shall apply lawn fertilizer containing phosphorus 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 the turf or placed in an appropriate container.

§ 135-6 Exemptions.

The prohibition against the use of lawn fertilizers containing phosphorus under § 135-5 shall not apply to:
A. 
Agricultural uses, vegetable and flower gardens, or application to trees or shrubs.[1]
[1]
Editor's Note: Original Subsection a), regarding newly established turn or lawn areas, and b), regarding turn or lawn areas tested to have phosphorous below levels established, which immediately preceded this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
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.

§ 135-7 Sale of lawn fertilizer containing phosphorus.

A. 
Effective January 1, 2008, fertilizer containing more than 0% phosphorus or phosphate needs to be displayed separately with proper signage indicating the conditions of its use. Such fertilizer may be sold to Greenville residents for use as provided in § 135-6.
B. 
Effective January 1, 2008, a sign containing the regulations set forth in this chapter and the effects of phosphorus on the Town of Greenville waters must be prominently displayed where lawn fertilizers are sold.

§ 135-8 Enforcement.

The Town of Greenville Sanitary District #2 will enforce violations of this chapter.

§ 135-9 Violations and penalties. [1]

Any person who violates § 135-5 in the application of fertilizer at his/her residence shall be subject to a forfeiture amount listed in the Fine and Forfeiture Schedule of the Town of Greenville. Any commercial fertilizer applicator, residential or commercial developer, industrial or commercial owner, or other person who violates § 135-5, and any person who violates § 135-7 shall be subject to a forfeiture amount listed in the Fine and Forfeiture Schedule for the first violation within a twelve-month period, an amount listed in the Fine and Forfeiture Schedule of the Town of Greenville for the second violation within a twelve-month period, and an amount listed in the Fine and Forfeiture Schedule for the third and each subsequent violation within twelve-month period
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).