Pesticide Notification

§ 6-39. Declaration of policy. [Amended 3-23-1999, effective 4-6-1999]

1. The Common Council of the City of Buffalo finds and declares that the environmentally sound management of plant and animal species within the city is an integral part of preserving human health and maintaining a vibrant and healthy ecosystem in the city.

2. The Common Council also finds and declares that the potential hazards involved in the use of pest control methods must be given the highest scrutiny in light of the need to preserve the fragile ecosystem of this city. Indeed, in order to so protect the heritage of our future generations, it is the declared policy of this city to phase out the use of pesticides that are toxic to nontarget organisms by the City of Buffalo, to employ pest control strategies which are the least hazardous to human health and the environment, to adopt pest management programs and strategies which place first priority on the prevention of pest problems and to use pesticides that are toxic to nontarget organisms only in emergencies as defined in § 6-47.1F.

3. Towards this end, wise planning and control of activities which influence the ecological balance of the natural resources and environment of this city and the natural and functional beauty of its surroundings require broad-based participation and cooperation of government entities, public and private organizations and the people of the City of Buffalo.

4. It is, therefore, in the best interest of the city that a Pest Management Board be created with the responsibility of developing pest management policies for the city. These policies shall include decisionmaking processes that will incorporate preventative pest management planning for all City of Buffalo projects involving plantings, building and remodeling designs, maintenance programs, etc. In furtherance thereof, when pest management treatment programs are undertaken, they must be:

   (1)Least disruptive or nondisruptive of natural controls.

   (2)Least disruptive or nondisruptive to human health.

   (3)Nontoxic to nontarget organisms.

   (4)Least damaging or not damaging to the environment.

   (5)Most likely to produce a permanent reduction in the environment's ability to support the pest infestation.

§ 6-40. Establishment.

There is hereby established a Pest Management Board to be known as the "Buffalo Pest Management Board."

§ 6-41. Membership.

1. The Board shall consist of nine members. Two members shall be appointed by the Mayor, one by the Environmental Management Commission and six by the Council. The terms of the members shall be for two years, except those of the members first appointed. Of those, five shall be appointed for terms of two years, and one of the Mayor's and three of the Common Council's appointees shall be appointed for terms of one year. All members shall serve without compensation. A vacancy during the term of any member shall be filled in the manner that the original appointment was made for the duration of the expired term.

2. B.The Board will establish and consult with, as the Board deems necessary, a subcommittee of city department personnel involved in pest management activities.

§ 6-42. Qualifications.

The members of the Board shall have a demonstrated commitment to the preservation and enhancement of environmental quality and to public service.

§ 6-43. Meetings.

The Board shall:

1. Hold at least nine meetings each year, all of which shall be open to the public.

2. Adopt rules and procedures for its meetings, including specific provisions for public participation during Board meetings and on major policy decisions.

3. Keep accurate records of its meetings and activities.

4. File an annual report with the Mayor, Common Council and Comptroller on or before the 31st day of March of each year.

§ 6-44. Objectives of the Board. [Amended 3-23-1999, effective 4-6-1999]

The objectives of the Buffalo Pest Management Board are:

1. To limit the use of substances that are toxic to nontarget organisms in pest control undertaken by the City of Buffalo or by contract or subcontract to the City of Buffalo.

2. To progressively direct the city and its departments toward dealing with pests by preventive means and by means that are not toxic to nontarget organisms.

3. To aid in bringing the city's pest management practices to such an environmentally benign level that Buffalo will become a role model for its citizens and for other municipalities.

§ 6-45. Functions and powers. [Amended 3-23-1999, effective 4-6-1999]

1. To assist in carrying out the above-mentioned objectives, the Buffalo Pest Management Board shall prepare and adopt, on or before September 1, 1999, a pest management plan for use by city departments. This plan shall address pest population monitoring and least-toxic pesticide use prior to September 1, 2001, and pest control strategies that are not toxic to nontarget organisms for use after such date.

2. The Buffalo Pest Management Board shall review, summarize and respond to the required emergency pesticide waiver reports from boards, commissions, departments, employees, contractors of the city or subcontractors of the city as described under § 6-47.1F.

3. The Buffalo Pest Management Board shall also be empowered to engage in, but not be limited to, the following activities:

   (1) Identify all City of Buffalo programs, departments, individuals, employees, contractors or subcontractors directly or indirectly implementing pest management methods or strategies by obtaining documents, including but not limited to purchasing contracts, invoices, certification applications, material safety data sheets, labels, accident reports, incident reports or records, workers' grievances and inventory storage sheets properly maintained by the city, its programs, departments, employees, contractors or subcontractors and any other documents required to be filed by the federal government, State of New York or City of Buffalo relative to pest management.

   (2) With the specific goal of removing, modifying or replacing any city programs or strategies which are not consonant and consistent with the declaration of policy enunciated hereunder, the Board shall evaluate and monitor all present pest management programs utilized by, contracted for or engaged in by any city department, including but not limited to reviewing pesticide application records and requests for pesticide purchases.

   (3) Develop procedures and guidelines for decisionmaking consistent with the declaration of policy referred to above.

   (4) Develop programs for evaluating and monitoring pest problems in the city.

   (5) Develop guidelines for city staff and residents in handling of typical pest problems; these guidelines to be reviewed and updated periodically.

   (6) Develop educational materials to increase public awareness and understanding of the availability of safe alternative methods of pest control and of the hazards associated with the use of pesticides that are toxic to nontarget organisms.

   (7) Offer assistance to citizens with pest or other related problems.

   (8) Work with and invite active citizen participation in monitoring pest control programs.

   (9) Consult with the various departments of the city which are involved with, contract for or are engaged in pest management programs and methods.

   (10) Submit recommendations to the Environmental Management Commission, city departments or the Council, as appropriate.

   (11) Develop a mechanism for record keeping and monitoring all pest management programs authorized by the City of Buffalo or authorized by any board, commission, department, employee, contractor or subcontractor of this city.

   (12) Develop and maintain an accessible, interactive database for all city departments, employees, etc., relative to integrated pest management that is not toxic to nontarget organisms.

   (13) Develop, distribute and conduct outreach and educational programs, including but not limited to developing materials such as warning notices, pamphlets, brochures, workshops, speaking engagements and any and all other materials and programs deemed necessary and consistent with the declaration of policy herein.

   (14) Conduct or recommend studies, surveys or inventories as are in accord with the general purposes of this article and to do so with appropriate coordination with existing or prospective work of a similar nature performed by federal, state, county, municipal or private agencies and organizations.

   (15) Cooperate with and assist such other governmental or nongovernmental boards or organizations in the preparation of plans or reports and in the review of proposal applications related to pest management as the Mayor, Common Council or Comptroller may direct.

   (16) Advertise, promote, prepare, print and distribute information, including but not limited to print and electronic media.

   (17) Accept, by gift, grant, bequest or otherwise, money or other personal property in the name of the City of Buffalo for use in the furtherance of the provisions of this article.

   (18) Hold hearings for a specified purpose in accord with the general purposes of this article.

   (19) Report findings related to pest management to the Mayor, the Common Council, the Comptroller, public and private agencies and organizations and interested citizens.

   (20) Act as a resource on matters concerning pest management issues upon the request of any city department.

   (21) Promote the consideration of and compliance with existing laws, rules and regulations by the responsible departments.

   (22) Suggest, where warranted, that appropriate governmental entities and/or city departments take legal and/or enforcement action pursuant to their authority.

   (23) Promote the development of a pesticide poisoning educational center in consultation with hospitals or other organizations.

   (24) Serve as a resource to facilitate training in integrated pest management.

   (25) Oversee the sunset provisions of § 6-47.1 of this article.

   (26) Advocate for the hiring of the personnel necessary to effectively cut pesticide use by the city and participate in the oversight of those employees.

§ 6-46. Procedures for pest management. [Amended 3-23-1999, effective 4-6-1999]

The Buffalo Pest Management Board shall establish a pest management decisionmaking process for use by city departments which includes the following components:

1. Strategies which emphasize prevention and which are the least disruptive of natural systems shall be selected first. These include such strategies as design and maintenance of buildings, appropriate plants, good soil maintenance practices, etc.

2. After monitoring and determining that there is a need for pest management, nonchemical management techniques shall be considered, including but not limited to the following methods and techniques:

   (1) Modification of land and botanical management practices, including watering, mulching, fertilizing, waste management, etc.

   (2)Modification of pest ecosystems to reduce food and living space.

   (3)Use of physical controls such as handweeding, traps and barriers.

   (4)Use of biological controls. (Given the burgeoning field of biotechnology, the Board shall develop criteria for the use of biological controls consistent with the declaration of policy.)

3. Use of pesticides that are toxic to nontarget organisms should only occur as a last resort, and after their class is sunsetted under this article, an exemption per § 6-47.1 will be required for their use.

4. All treatments should be monitored to evaluate effectiveness.

§ 6-47. Notice of pesticide use. [Amended 3-23-1999, effective 4-6-1999]

The Common Council resolves that, in the best interest of public health and courtesy to neighbors, since there are a variety of ways by which individuals may involuntarily come in contact with pesticides, city residents are encouraged to post notices of intent to spray pesticides on their property 48 hours in advance. It is recommended that the notices remain posted for 48 hours after the pesticide application and that warning notices be similar to those in use by the various departments of the city engaged in pest management.

§ 6-47.1. Municipal pesticide use; sunset provisions. [Added 3-23-1999, effective 4-6-1999]

1. For the purposes of this section, the following definitions shall apply:

   ANTIMICROBIAL PESTICIDE -- A pesticide as defined by 7 U.S.C. 136(mm).

   PEST -- Any insect, rodent, fungus, weed or any other form of terrestrial or aquatic or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the Commissioner of the New York State Department of Environmental Conservation declares to be a pest.

   PESTICIDE -- Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; and any substance or mixture of substances intended for use as a plant regulator, defoliator or desiccant. It shall include all pesticide products registered as such by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation and all products for which experimental use permits and provisional registrations have been granted by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation.

2. Effective September 1, 1999, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category I by the United States Environmental Protection Agency or any pesticide classified as a known, likely or probable human carcinogen by the United States Environmental Protection Agency, except as provided for in Subsection E of this section.

3. Effective September 1, 2000, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category II by the United States Environmental Protection Agency, any pesticide classified as a possible human carcinogen by the United States Environmental Protection Agency or any pesticide classified as restricted use by the United States Environmental Protection Agency or the New York State Department of Environmental Conservation, except as provided in Subsection E of this section.

4. Effective September 1, 2001, no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply any pesticide on City of Buffalo property, except as provided in Subsection E of this section.

5. Notwithstanding any other provisions, this section shall not apply to the following:

   (1) Pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water treatment plants, wastewater treatment plants, reservoirs and related collection, distribution and treatment facilities.

   (2) Antimicrobial pesticides.

   (3) Pesticides in contained baits for the purposes of rodent or insect control.

   (4) Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR 152.25.

   (5) Boric acid when used according to its label.

   (6)Pesticides prescribed by a licensed veterinarian for the control of parasites of wild, domestic or exotic animals.

6. Should a City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city determine that an emergency warrants the use of pesticide that would otherwise not be allowed under this section, it may apply for a single-use waiver from the Commissioner of the department responsible for the property in question. If the waiver is granted, the Commissioner shall file a notice of such waiver with the Common Council.

   (1) The Commissioner shall determine if such a waiver is warranted based on the following criteria:

   (a) The pest situation poses an immediate threat to human health or to valuable public resources; and

   (b) Viable alternatives consistent with this section do not exist. (Such a determination should be made in consultation with a locally recognized expert in integrated pest management whose credentials are deemed satisfactory by the Board or qualified city personnel.)

   (2) As a condition of approval, the Commissioner shall require a commitment from the City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city which made the application for waiver that the underlying causes of the pest outbreak will be addressed in order to prevent future outbreaks.

   (3) When a pesticide prohibited by this section is used under the authority of a waiver obtained from the Commissioner, the entity engaged in emergency pesticide application is required to post the following information at the site of application to inform city employees and the public:

   (a) The date of posting.

   (b) The address, date, approximate time, pest to be controlled, method of application and specific sites to be treated.

   (c) Any trade names of the pesticide.

   (d) The acute and chronic toxicity of the pesticide, duration of toxicity and appropriate warnings.

   (e) The name and telephone number of the person responsible for the application.

   (f) The phone number of the poison control center.

   (g) The name of the city department responsible for the pest management procedures.

   (4) As a condition of approval the Commissioner shall require a commitment from the City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city which made the application for waiver to file a report with the Common Council and the Pest Management Board detailing the reasons the waiver was needed, the details of when and how the application was made and the steps to be taken to address the underlying cause of the pest problem. This report must be filed with the City Clerk within 30 days of the pesticide use.

§ 196-1. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings:

ACT -- The Pesticide Control Act of 1971, as amended, N.J.S.A. 13:lF-1 et seq.

ACTIVE INGREDIENT -- Any ingredient which will prevent, destroy, repel, control or mitigate pests or which will act as a plant regulator, defoliant or desiccant.

AGRICULTURAL COMMODITY -- Any plant or part thereof or animal or animal product produced by a person, including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters or other comparable persons, primarily for sale, consumption, propagation or other use

BRAND or BRAND NAME or TRADE NAME -- The characteristic designation by words, symbols, name, number or trademark of a specific particular pesticide or formulation thereof under which the pesticide is distributed, sold, offered for sale, handled, stored, used or transported in the State of New Jersey.

COMMERCIAL PESTICIDE APPLICATOR -- Any person, whether or not he is a private applicator with respect to some uses, who uses or supervises the use of any pesticide for any purpose or on any property other than as provided by the definition of "private pesticide applicator."

COMMERCIAL PESTICIDE OPERATOR -- Any person who applies pesticides by equipment other than aerial under the direct supervision of a certified and registered responsible pesticide applicator.

COMMUNITY-WIDE or AREAWIDE -- Any pesticide application performed on aggregate areas greater than three acres of land which is part of a pest-control program administered by a governmental agency or which is contracted for or performed by one person who has control over the use of the land to which the pesticide is applied.

CUSTOMER -- Any person who hires a commercial pesticide applicator business to perform an ornamental pest control application utilizing hydraulic spraying equipment operating at a rate greater than 200 pounds per square inch and 10 gallons per minute, airblast sprayers or aerial application equipment on property owned or controlled by him. For the purposes of this definition, the term "customer" shall include any person who makes such application on property owned or controlled by him.

EPA -- The United States Environmental Protection Agency.

ORNAMENTAL -- Trees, shrubs and other plantings in and around habitations generally, but not necessarily located in urban and suburban areas, including residences, parks, streets, retail outlets, industrial and institutional buildings.

PERSON -- Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals, and shall also include all political subdivisions of this state or any agencies or instrumentalities thereof.

PEST -- Any insect, rodent, nematode, fungus, weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other animals) which is injurious to health or the environment.

PESTICIDE -- Includes any substance or mixture of substances labeled, designed or intended for use in preventing, destroying, repelling or mitigating any pest or any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator, provided that the term "pesticide" shall not include any substance or mixture of substances which the EPA does not consider to be a pesticide.

PESTICIDE APPLICATOR BUSINESS -- Any person who, either wholly or in part, holds himself out for hire to apply pesticides in the State of New Jersey.

PRIVATE PESTICIDE APPLICATOR -- Any person who uses or supervises the use of any pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation, other than the trading of personal services between producers of agricultural commodities, on the property of another person.

PROPER ENFORCEMENT PERSONNEL -- An official designated by the municipality, subject to approval by the New Jersey Department of Environmental Protection, whose duties are to enforce the rules and regulations promulgated under this chapter.

RESPONSIBLE PESTICIDE APPLICATOR -- Any individual who is accountable for the use of a pesticide by himself or any person under his direct supervision.

RESTRICTED-USE PESTICIDE -- Any pesticide or pesticide use so classified under the provisions of N.J.A.C. 7:30-2 or amendments or supplements or so classified by the Administrator of the United States Environmental Protection Agency.

STATE REGULATIONS -- Pesticide rules and regulations promulgated under the Act and codified in N.J.A.C. 7:30, amendments or supplements.

TARGET SITE -- A specific location, including but not limited to any crop, commodity, object, delineated field or area or structure or part thereof, that is intended to be treated by a pesticide so that any pests therein or thereon are controlled. This term does not include any similar site which was not a part of the original agreement between the contracting parties even if such site is included on the label or labeling of the pesticide.

USE -- Any act of handling or release of a pesticide or exposure of man, property or the environment to a pesticide through acts which include but are not limited to:

1. Applying a pesticide, including mixing and loading and any required supervisory action in or near the area of application.

2. Handling, transporting or storing a pesticide or pesticide container.

3. Disposal actions for a pesticide and/or containers or equipment associated with the pesticide.

§ 196-2. Commercial pesticide operator registration.

1. No person shall engage in the activities of a commercial pesticide operator without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid pesticide operator registration issued by the Department.

2. Each commercial pesticide operator shall at all times have in his/her possession the valid registration card and shall produce it upon request by proper enforcement personnel.

§ 196-3. Commercial pesticide applicator registration.

1. No person shall engage in the activities of a commercial pesticide applicator without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid commercial pesticide applicator registration issued by that Department.

2. Each commercial pesticide applicator shall at all times have in his/her possession a valid registration card and shall produce it immediately upon request by proper enforcement personnel.

3. Each commercial pesticide applicator must keep records of each application of pesticides in accordance with provisions of state regulations. Such records shall be made available to all proper enforcement personnel.

4. Each commercial pesticide applicator shall register the name and address of each customer with the Borough Clerk.

§ 196-4. Pesticide applicator business registration.

No person shall engage in the activities of a pesticide applicator business without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid pesticide applicator business registration issued by that Department. The business registration shall be made available immediately upon request of proper enforcement personnel.

§ 196-5. Private pesticide applicator registration.

1. No person shall engage in the activities of a private pesticide applicator without having satisfied the applicable requirements established by the New Jersey Department of Environmental Protection and having obtained a valid private pesticide applicator registration issued by that Department.

2. The valid registration card shall be made available within 24 hours of the request of proper enforcement personnel.

3. All private pesticide applicators must keep records of each application of pesticides in accordance with provisions of state regulations. Such records shall be made available to all proper enforcement personnel.

§ 196-6. Permit for spraying equipment; exception.

1. Permit required.

   (1) Any person engaged as a private or commercial pesticide operator or applicator in an ornamental, areawide or community-wide pest control application utilizing hydraulic spraying equipment operating at a rate greater than 200 pounds per square inch and 10 gallons per minute, airblast sprayers or aerial application equipment on a property must secure a permit from the Cresskill Borough Clerk at least 96 hours prior to the commencement of the work. A prerequisite to the permit application is the possession and display of a valid pesticide operator or applicator registration issued by the New Jersey Department of Environmental Protection and a certificate of insurance reflecting the type of coverage and policy limits referred to herein. A fee of $10 shall be charged and paid before the issuance of said permit.

   (2) The information required to secure the permit shall be such information as is required to be in the notice to area residents within 500 feet, as listed in § 196-14 as applicable.

   (3) If the application of the pesticide is by aerial spraying, such application shall include, in addition to the previously stated information:

   (a) The area, by lot and block numbers, to be sprayed.

   (b) The aircraft, by registration number, model and general description, to be used in the spraying.

   (c) The identity of the pilot of the aircraft and his pesticide applicator license number.

   (d) The name, address and telephone number of the person making the application for registration.

   (e) The name and address of the insurance carrier insuring the aircraft and the policy number of a public liability and property damage insurance policy covering personal injury and property damage resulting from the spraying and operation of the aircraft. Said coverage shall meet or exceed the standards set forth below:

   [1] Bodily injury liability:

   [a] One million dollars for each occurrence.

   [b] Three million dollars for aggregate.

   [2] Property damage liability: $500,000 for each occurrence.

2. Persons using hand-held and hand-operated pesticide spraying equipment operating at a rate of 200 pounds per square inch and 10 gallons per minute or lower who personally apply a pesticide solely within the boundary of their own property shall be exempt from the permit and notification requirements.

§ 196-7. Prohibited use.

The aerial spraying of pesticides other than microbial insecticides for nonagricultural uses is specifically prohibited.

§ 196-8. Hours of application.

Application of pesticides requiring a permit shall be permitted from dawn to dusk in all areas of the Borough, except within 1/2 mile of an apiary enrolled with the Borough Clerk and either the New Jersey Department of Environmental Protection or the New Jersey Beekeepers Association. Such application of pesticide shall not be permitted between the hours of 10:00 a.m. and 7:00 p.m.

§ 196-9. Storage.

No person shall store restricted-use pesticides without first meeting the applicable provisions of state regulations.

§ 196-10. Use of water with pesticide equipment.

No person shall add water to any pesticide handling, storage or application equipment via a hose, pump or other equipment unless such hose, pump or other equipment is fitted with an effective valve or device to prevent backflow of pesticides or liquids containing pesticides into water supply systems, streams, lakes, other sources of water or other areas, except that such backflow devices or valves are not required when the hose, pump or other equipment is not allowed to contact or fall below the level of the liquid in the handling, storage or application equipment to which water is being added and no other possible means of establishing a backsiphon or backflow exists.

§ 196-11. Safety equipment.

All persons having employees who use, apply, transport or otherwise handle any pesticide shall make available to such employees any necessary and appropriate safety equipment in good working order and shall train such employees in the proper operation of such safety equipment.

§ 196-12. Request for notification of outdoor applications.

Any resident of the Borough of Cresskill may request notification of outdoor pesticide applications by enrolling with the Cresskill Borough Clerk by April 1 of each calendar year. Failure to comply with the request for notification by April 1 will relieve the Borough of Cresskill, the customer and/or the responsible pesticide operator or contractor of all responsibility for notification only.

§ 196-13. Notification of community-wide or areawide applications.

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

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

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

   (3) The notification must contain at least:

   (a) The proposed application date.

   (b) The location of the application.

   (c) The name, address and registration number of the applicator business or the responsible pesticide applicator associated with the application.

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

   (e) The application equipment to be used.

   (f) 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.

   (g) The name, address and policy number of the insurance company which covers the customer, operator and/or contractor for claims and suits. Said liability insurance must be in at least the amount of $1,000,000 per claim and $3,000,000 per aggregate, as well as $500,000,000 for property damage claims for each occurrence.

   (4) Upon request by a person residing in the vicinity of the proposed target site to a person designated pursuant to Subsection A(3)(f) above, such designated person shall provide, at a minimum, the following information at least 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:

   (a) The actual time and date of application.

   (b) The actual pesticide to be applied, including the EPA registration number.

   (c) Any precautionary statement(s) on the product's federal registered label.

   (5) The person designated pursuant to Subsection A(3)(f) above shall maintain a record of all telephone calls, attempted and completed, with persons requesting information referred to in Subsection A(4) 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:

   (a) The name and phone number of the person contacted.

   (b) The time and date of the call.

   (6) 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.

2. The provisions of the 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 nonresidential areas.

§ 196-14. Notification of ornamental applications.

1. No person shall cause or allow an outdoor ornamental pest control application utilizing hydraulic spraying equipment operating at a rate greater than 200 pounds per square inch and 10 gallons per minute, airblast sprayers or aerial application equipment on property owned or controlled by him unless the following procedures have been implemented:

   (1) The customer shall obtain copies of notices from the commercial pesticide applicator and shall mail by certified mail, return receipt requested, such notices, at least 48 hours prior to the proposed application, to residents of property within 200 feet of the customer's property, such notice to contain the following information:

   (a) A general statement of the purpose of the notification and procedures to follow to obtain additional updated information.

   (b) The proposed application date(s).

   (c) The location of the application.

   (d) The name, address and registration number of the applicator business or the responsible pesticide applicator associated with the application.

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

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

   (2) Upon the request of any resident of property notified pursuant to Subsection A(l) above to the applicator designated in the notice, such designated applicator shall provide, at a minimum, the following information at least 12 hours prior to the application, except that, if a responsible attempt to provide notice is unsuccessful, an attempt to notify such person by telephone shall be made immediately prior to application:

   (a) The actual time and date of application.

   (b) Any precautionary statement(s) on the product's federal registered label.

   (3) The applicator designated pursuant to Subsection A(l)(f) above shall maintain a record of all telephone calls attempted and completed with persons requesting information referred to in Subsection A(2) 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:

   (a) The name and phone number of the person contacted.

   (b) The time and date of the call.

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

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

   (a) The customer demonstrates to the satisfaction of the local governing authority that he had not hired the applicator more than 48 hours prior to the start of the application governed by this section.

   (b) The customer has personally contacted residents of property on which the application is proposed and no objections were raised.

   (6) A waiver of the minimum amount of prior notice required in Subsection A(1) and (2) may be granted at the discretion of the local governing authority.

2. 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 specifies of the proposed application referred to in Subsection A(1) or (2) above.

3. The contractor may delegate, in writing, his notification responsibilities to the commercial pesticide applicator, provided that the commercial pesticide applicator agrees, in writing, to assume the notification responsibilities as delineated in the chapter.

4. 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 C above.

5. The provisions of this section 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, as amended and/or supplemented.

6. The provisions of this section shall not apply where the target site is greater than 200 feet from the customer's property line.

§ 196-15. Notification to beekeepers.

1. No person shall make an outdoor application of a pesticide product which has information on its label or labeling noting that the product is toxic to bees unless such person first notifies, at least 36 hours prior to the application, each apiarist who:

   (1)Desires notification;

   (2)Maintains an apiary which is located within one-half mile of the target site; and

   (3)Has been registered with either the New Jersey Department of Environmental Protection or the New Jersey Beekeepers Association by April 1 of the calendar year in which the applications subject to the notification requirements of this section will occur.

2. Notification pursuant to Subsection A above may be given to the apiarist directly or, in the case of any apiarist registered with the New Jersey Beekeepers Association, through the local designated agent of that association, provided that the agent has agreed to make the required notification and has himself been given notification at least 72 hours prior to the intended application.

3. The notification must include the following information:

   (1) The intended date of the application.

   (2) The approximate time of the application.

   (3) The brand name and active ingredient(s) of the pesticide to be applied.

   (4) The location of the land on which the application is to be made.

   (5) The name and certified pesticide applicator registration number of the responsible pesticide applicator.

4. If the application date is changed so that the application will not occur on the intended date specified in the original notification of application but will be conducted during the next consecutive day, notification must be given to the individual apiarist as soon as reasonably possible but not later than 10:00 p.m. the night prior to the new application date.

5. If the owner or operator of an apiary does not choose to move, cover or otherwise protect the apiary, the application may be made without delay, provided that such application complies with the pesticide labeling and any provisions of the Act EN or any rules and regulations promulgated thereunder.

6. The provisions of this section shall not apply to any person using a pesticide on an aggregate area less than three acres, provided that the application is not made with hydraulic spraying equipment operating at a rate greater than 200 pounds per square inch and 10 gallons per minute, airblast sprayers or aerial equipment.

7. Any person required to notify apiarists pursuant to the provisions of this section shall not be responsible for notifying any apiarist who cannot be notified because:

   (1) The New Jersey Department of Environmental Protection and the New Jersey Beekeepers Association have failed to provide information deemed necessary by the department for such notification; or

   (2) The New Jersey Beekeepers Association has failed to or been unable to notify any apiarist(s) after agreeing to do so.

8. The provisions of this section shall not apply to any pesticide application which is made for agricultural purposes, except to the crops within the dates and/or stage as stated below:

   Type of Crop	Dates or Stage
   Apples	April 15 to May 15
   Pears	April 15 to May 15
   Strawberries	April 15 to May 15
   Blueberries	April 15 to May 31
   Cranberries	June 15 to August 15
   Holly	June 1 to June 30
   Vine crops (cucumbers)	June 1 to August 31
   Sweet corn	Flowering stage

§ 196-16. Enforcement; violations and penalties.

1. The Police Department and its officers and employees shall be the enforcing agency of these provisions.

2. Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment for a period not to exceed 90 days, or by both such fine and imprisonment.

3. A copy of the report of such enforcement action(s) will be forwarded to the Bureau of Pesticide Control within the New Jersey Department of Environmental Protection.

§ 196-17. Effect of statutory provisions. [Added 5-20-1992 by Ord. No. 92-6-1069]

Compliance with the Borough Code shall not constitute a defense against the violation of any provision under N.J.A.C., Title 7, Chapter 30, since the Borough ordinance is a supplement to the New Jersey Administrative Code. If the Borough Code is contradictory to anything stated in N.J.A.C., Title 7, Chapter 30, then the Administrative Code will supervene. Where the Administrative Code makes no reference to a particular area, the Borough Code shall serve as a supplement and be followed.