§ 33-1004 — Lawn applications; certain municipalities

§ 33-1004. Lawn applications; certain municipalities.\n 1. Notwithstanding any other provision of law to the contrary, any\ncounty not contained entirely within a city, and any city with a\npopulation of one million or more, may, after public hearing, adopt a\nlocal law comprised of the following provisions in their entirety and\nwithout exception including all applicable definitions as provided in\nthis article:\n a. All retail establishments that sell general use pesticides for\ncommercial or residential lawn application shall display a sign meeting\nstandards, established by the commissioner pursuant to subdivision one\nof section 33-1005 of this article, in a conspicuous place, and such\nsign shall be placed as close as possible to the place where such\npesticides are displayed.\n b. (i) At least forty-eight hours prior to any commercial lawn\napplication of a pesticide, the person or business making such\napplication shall supply written notice, as defined in subdivision three\nof section 33-1005 of this article to:\n A. occupants of all dwellings, as defined in paragraph d of\nsubdivision five of section 33-0905 of this article, on abutting\nproperty with a boundary that is within one hundred fifty feet of the\nsite of such application; and to owners, owners' agents, or other\npersons in a position of authority for all other types of premises, as\ndefined in paragraph d of subdivision five of section 33-0905 of this\narticle, that are on abutting property with a boundary that is within\none hundred fifty feet of the site of such application. Owners or\nowners' agents of multiple family dwellings shall supply such written\nnotice to the occupants of such multiple family dwellings and for all\nother types of premises, owners, owners' agents or other persons in a\nposition of authority shall post such written notice in a manner\nspecified by the commissioner; and\n B. owners, owners' agents or other persons in positions of authority\nfor multiple family dwellings, the property of which is the site of such\napplication. Owners, or owners' agents of multiple family dwellings\nshall supply such written notice to the occupants of such multiple\nfamily dwellings in a manner specified by the commissioner.\n (ii) The prior notification provisions of this paragraph shall not\napply to the following:\n A. the application of anti-microbial pesticides and anti-microbial\nproducts as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)\n(2);\n B. the use of an aerosol product with a directed spray, in containers\nof eighteen fluid ounces or less, when used to protect individuals from\nan imminent threat from stinging and biting insects, including venomous\nspiders, bees, wasps and hornets. This section shall not exempt from\nnotification the use of any fogger product or aerosol product that\ndischarges to a wide area;\n C. the use of non-volatile insect or rodent bait in a tamper resistant\ncontainer;\n D. the application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under 40 CFR Part\n152.25;\n E. the application of a pesticide which the United States\nEnvironmental Protection Agency has determined satisfies its reduced\nrisk criteria, including a biopesticide;\n F. the use of boric acid and disodium octaborate tetrahydrate;\n G. the use of horticultural soap and oils that do not contain\nsynthetic pesticides or synergists;\n H. the application of a granular pesticide, where granular pesticide\nmeans any ground applied solid pesticide that is not a dust or powder;\n I. the application of a pesticide by direct injection into a plant or\nthe ground;\n J. the spot application of a pesticide, where spot application means\nthe application of pesticide in a manually pressurized or\nnon-pressurized container of thirty-two fluid ounces or less to an area\nof ground less than nine square feet;\n K. the application of a pesticide to the ground or turf of any\ncemetery; and\n L. an emergency application of a pesticide when necessary to protect\nagainst an imminent threat to human health, provided, however, that\nprior to any such emergency application, the person providing such\napplication shall make a good faith effort to supply the written notice\nrequired pursuant to this title. Upon making an emergency application,\nthe person making such application shall notify the commissioner of\nhealth, using a form developed by such commissioner for such purposes\nthat shall include minimally the name of the person making such\napplication, the pesticide business registration number or certified\napplicator number of the person making such application, the location of\nsuch application, the date of such application, the product name and\nUnited States Environmental Protection Agency registration number of the\npesticide applied and the reason for such application.\n c. (i) All persons performing residential lawn applications treating\nan area more than one hundred square feet shall affix markers to be\nplaced within or along the perimeter of the area where pesticides will\nbe applied. Markers are to be placed so as to be clearly visible to\npersons immediately outside the perimeter of such property. Markers\nshall be posted at least twelve inches above the ground and shall be at\nleast four inches by five inches in size. Such markers shall be in both\nthe English and Spanish languages, and any other languages if the\ncommissioner deems it necessary pursuant to rules and regulations.\n (ii) The markers required pursuant to this paragraph shall be in place\non the day during which the pesticide is being applied and shall\ninstruct persons not to enter the property and not to remove the signs\nfor a period of at least twenty-four hours. Such instruction shall be\nprinted boldly in letters at least three-eighths of an inch in height.\n 2. Any county not contained entirely within a city or any city with a\npopulation of one million or more that adopts a local law pursuant to\nthe provisions of this section, shall, in addition to any authority\notherwise conferred in this chapter, have concurrent authority to\nenforce such local law administratively, provided however that all\nsanctions, which shall be assessed after providing a hearing or\nopportunity to be heard, shall be as specified in section 71-2907 of\nthis chapter and shall be payable to and deposited with the enforcing\nmunicipality.\n 2-a. Within twenty days after the adoption of a local law pursuant to\nthis section, the clerk or other officer designated by the legislative\nbody shall forward one certified copy thereof to the commissioner and\none to the attorney general.\n 2-b. Any local law adopted pursuant to this section shall take effect\non the first day of January after it shall have been adopted.\n 3. The commissioner of health shall review any emergency form\nsubmitted pursuant to this section to ensure that the circumstance did\nwarrant such emergency application. Such forms shall be kept on file at\nthe department of health for three years from the date of application\nand shall be made available to any person upon request.\n