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deemed to have complied with this requirement by displaying a sign consistent with a <br /> sample sign available from the Mashpee Board of Health. <br /> 7. Lawn Care Companies and Commercial Providers <br /> A. Lawn Care Companies and all Commercial Providers of fertilization and/or weed control <br /> are prohibited from using any product containing phosphorous. If any turf is deemed to <br /> need phosphorous as indicated by a tissue, soil, or other test by a laboratory (or any <br /> similar method approved by the Massachusetts Department of Agriculture and such test <br /> has been performed within the last three years indicates that the level of available <br /> phosphorus in the soil is insufficient to support healthy turf growth may, upon paying a <br /> fee as determined by the Department of Agriculture, apply for a waiver after paying any <br /> prescribed fee to be issued by the Board of Health or other town agency as determined by <br /> the Board of Selectmen. This waiver must be presented to a business prior to a business <br /> selling a fertilizer containing any phosphorous. <br /> B. When seeding, lawn care companies should select grasses appropriate for the area, such <br /> as fescues mixed with rye grass. <br /> C. Except for the final cut of the season, grasses shall be mowed no shorter than 2 inches <br /> and all clippings shall remain on the lawn surface. <br /> 8. Enforcement and penalties for applying lawn fertilizer or displaying for sale in violation <br /> of this Bylaw. <br /> A. If any turf is deemed to need phosphorous as indicated by a tissue, soil, or other test by <br /> either a commercially available soil testing kit, or a certified laboratory analysis (or any <br /> similar method approved by the Board of Health,) and such test has been performed <br /> within the last three years indicates that the level of available phosphorous in the soil is <br /> insufficient to support healthy turf growth may, upon paying a fee of$35.00 apply for a <br /> waiver to be issued by the Board of health or other town agency as determined by the <br /> Board of Selectmen. This waiver must be presented to a business prior to a business <br /> selling a fertilizer containing any phosphorous. <br /> B. Violations of this chapter will be enforced by the Board of Health or any town body <br /> designated by the Board of Selectmen. <br /> C. Any person violating this chapter is guilty of an infraction and is subject to a fine. The <br /> fine for the first offence shall be $150 and $300 for each subsequent offence or an <br /> amount as established by a resolution of the Board of Selectmen. <br /> 9. Severability clause. <br /> A. If any section, provision or portion of this chapter is ruled invalid by a court, the <br /> remainder of the chapter shall not for that reason be rendered ineffective or invalid. <br /> Submitted by Petition <br /> 30 <br />