§ 21-11. NOTIFICATION; ORNAMENTAL APPLICATIONS.

21-11.1 Restriction and Procedures. No person shall cause or allow an outdoor ornamental pest control application utilizing hydraulic spraying equipment operating at a rate greater than three hundred (300) psi and ten (10) gpm, airblast sprayers, or aerial application equipment on property owned or controlled by him unless the following procedures have been implemented:

a.

General Public Requesting Notification . Any person desiring notification of outdoor ornamental pesticide applications may register with the Borough Clerk by June 15, 1983 and thereafter, by April 1 of the calendar year in which the applications subject to notification will occur. The Borough Clerk shall maintain a registry for such purpose.

b.

The contractor shall obtain the names and addresses of persons requesting notification from the Tax Assessor's office or through other available resources such as personal contact with residents of property adjacent and contiguous to the contractor's property and shall provide notice, at least forty eight (48) hours prior to the proposed application, by mail or by personal delivery, such notice to contain the following information:

1.

A general statement of the purpose of the notification and procedures to follow to obtain additional updated information;

2.

The proposed application date;

3.

The location of the application;

4.

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

5.

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

6.

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

c.

Upon the request of any resident of property adjacent and contiguous to the contractor's property, to the applicator designated pursuant to paragraph b.6. of this subsection, such designated applicator 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; and

2.

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

d.

The applicator designated pursuant to paragraph b.6. above, shall maintain a record of all telephone calls attempted and completed with person's requesting information referred to in paragraph c. 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.

e.

The contractor shall keep a record or file of the notice he provided, which may include a copy of the receipt for the certified letter, if certified mail is utilized.

f.

The provisions of this section shall not apply to an additional application made on the same day and in the same locality as an application governed by this section, if the following requirements are satisfied:

1.

The contractor demonstrates to the satisfaction of the local governing authority that he had not hired the applicator more than forty-eight (48) hours prior to the start of the application governed by this section;

2.

The contractor has personally contacted residents listed on the registry and whose property is adjacent and contiguous to property on which the additional application is proposed and no objections were raised; and

g.

A waiver of the minimum amount of prior notice required in paragraph b. may be granted at the discretion of the Mayor and Council of the Borough.

(Ord. #1460, § 11(a))

21-11.2 Written Statement Prior to Application. Prior to performing an outdoor ornamental pest control application subject to the notification provisions, the commercial pesticide applicator shall provide the contractor with a written statement outlining the contractor's notification responsibilities and the specifics of the proposed application referred to in paragraph b.

(Ord. #1460, § 11(b))

21-11.3 Notification Responsibilities. The contractor may delegate, in writing, his notification responsibilities to the commercial pesticide applicator; providing the commercial pesticide applicator agrees, in writing, to assume the notification responsibilities as delineated in this Chapter.

(Ord. #1460 § 11(c))

21-11.4 Failure of Contractor to Fulfill Notification Obligations. The commercial pesticide applicator is not responsible for any actions resulting from the failure of the contractor to fulfill his notification obligations unless the contractor has delegated and the commercial pesticide applicator has assumed the notification responsibilities as stated in subsection 21-11.3 above.

(Ord. #1460, § 11(d))

21-11.5 Certain Applications Exempt. The provisions of this action shall not apply to any pesticide application which is made for the purpose of producing an agricultural commodity or to any person required to supply advance notification pursuant to the provisions of N.J.A.C. 7:30-10.9.

(Ord. #1460, § 11(e))

21-11.6 Exception. The provisions of this section shall not apply where the target site is greater than one hundred (100′) feet from the contractor's property line.

(Ord. #1460, § 11(f))