§ 21-10. NOTIFICATION; COMMUNITY OR AREA WIDE APPLICATIONS.

21-10.1 Requirements. No person shall apply any pesticide on a community or area wide basis unless prior notification of the proposed application has been given to persons residing in the vicinity of the proposed target site.

a.

The notification shall be made through advertisement in at least two (2) newspapers having the greatest likelihood of informing the public within the area of application.

b.

The newspaper notification must be given a maximum of sixty (60) days and a minimum of seven (7) days prior to the proposed application date.

c.

The notification must contain at least:

1.

The proposed application date;

2.

The location of the application;

3.

The name, address, and registration number of the business or the responsible pesticide applicator associated with the application;

4.

The brand name and active ingredients of the pesticide(s) to be used;

5.

Application equipment to be used; and

6.

The name, address, and phone number of a person who may be contacted and is responsible for supplying updated information on the advertised pesticide applications to those persons requesting it.

d.

Upon the request by a person residing in the vicinity of the proposed target site, to a person designated pursuant to paragraph c.6. above, such designated person shall provide, at a minimum, the following information at least twelve (12) hours prior to the application, except that if a reasonable attempt to provide notice is unsuccessful, an attempt to notify such person, by telephone, shall be made immediately prior to the application.

1.

The actual time and date of application;

2.

The actual pesticide to be applied including the EPA registration number; and

3.

Any precautionary statement on the product's Federal registered label.

e.

The person designated pursuant to paragraph c.6. above shall maintain a record of all telephone calls, attempted and completed with persons requesting information referred to in paragraph d. above, and a file of related correspondence. Such record and file shall be made available to the proper enforcement personnel upon request. The minimum information required to be kept on the call record shall include:

1.

Name and phone number of the person contacted; and

2.

The time and date of the call.

f.

The person making the application subject to the notification requirements shall keep a record of the newspapers in which the advertisement was placed and the dates published. This information shall be made available to the proper enforcement personnel upon request.

(Ord. #1460 § 10)

21-10.2 Exception. The provisions of this section shall not apply to any pesticide application which is made for the purpose of producing an agricultural commodity, mosquito larviciding applications, or the application of granular formulations in non-residential areas.

(Ord. #1460 § 10)