[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.
FERTILIZER
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.
LOW PHOSPHORUS FERTILIZER
A fertilizer for which the guaranteed analysis, stated in whole numbers, of available phosphoric acid is zero.
PERSON
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.