Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public notification of change in use of County lands — See Ch. 183, Art. I.
Agricultural operations — See Ch. 274.
Environmental protection — See Chs. 446 and 943.
Fertilizer — See Ch. 459.
Pest control — See Ch. 647.
[Adopted 6-5-2001 by Res. No. 482-2001 (Ch. 848, Art. I, of the 1985 Code)]

§ 1162-1 List established.

The Vector Control Plan of Work of the Vector Control Bureau of the Department of Public Works for the Year 2001, revised as of January 26, 2001, is hereby modified to include a program to be instituted by the County Department of Public Works, in conjunction with the County Department of Health Services, whereby any household within the County of Suffolk can notify the County Department of Public Works as to that household's desire not to be exposed to adulticide use in the course of mosquito control operations by requesting a designation on a "no spray" list to be maintained by the County Department of Public Works (DPW).

§ 1162-2 Definition.

For the purposes of this article, the term "household" shall mean a detached single-unit residential structure, including the land upon which it was erected, which is used or occupied as a single-family dwelling.

§ 1162-3 Registration.

Each household may participate in the "no spray" list program upon registration with DPW by an adult living in such household pursuant to the provisions of this article.

§ 1162-4 Procedures.

A. 
As part of such a program, DPW shall:
(1) 
Develop a "no spray" list request form which a household can use to notify DPW of that household's desire not to be sprayed or otherwise directly exposed to adulticides used in adult mosquito control operations.
(2) 
Require completed registration forms to be signed and dated by the person making the "no spray" list request submitted to DPW by mail, fax, hand delivery or by any other means that are determined by DPW in its discretion to be appropriate.
(3) 
Notify any registrant if his or her registration form is incomplete and give him or her specific instructions that will correct any defect so that a properly completed form can be submitted and accepted.
(4) 
Accept a completed "no spray" list form at any time during the calendar year. Vector Control will have 20 work days to ensure compliance pursuant to Subsection B of this section.
(5) 
Establish a system by which a household may withdraw and must renew its participation in the "no spray" list program on an annual basis.
(6) 
Develop a "no spray" list form which shall include, at a minimum, the following components:
(a) 
Name of the individual registrant;
(b) 
Address of the household;
(c) 
Contact information such as phone number for day and evening, fax number and e-mail address;
(d) 
Name of municipal jurisdiction such as village, city and/or township;
(e) 
Zip code;
(f) 
Date of request; and
(g) 
Optional information such as reasons for the request.
(7) 
Establish a process to ensure Vector Control's compliance with Subsection B of this section.
B. 
The Vector Control Division shall:
(1) 
Maintain an up-to-date list of households within the target area of operation which have requested not to be sprayed with adulticides.
(2) 
Maintain a map where "no spray" list registrants are identified.
(3) 
Make a good-faith effort to exclude each registrant's property by stopping adulticide spraying from trucks within 150 feet of either side of the property.

§ 1162-5 When effective.

The "no spray" list shall apply to any actions occurring on or after the 60th day subsequent to the effective date of this article.

§ 1162-6 Health emergencies.

The "no spray" list shall not apply in those instances in which the Commissioner of the County Department of Health Services has declared a health emergency requiring spraying without exception.[1]
[1]
Editor's Note: Former § 848-7, Aerial Spraying Committee, which immediately followed this section, was repealed 9-15-2011 by L.L. No. 49-2011.
[Adopted 10-12-2010 by Res. No. 936-2010]

§ 1162-7 Findings and intent.

Controlling the mosquito population in Suffolk County is important to protect the public from mosquito-borne illnesses like West Nile Virus. The Suffolk County Department of Public Works, in coordination with the Department of Health Services Division of Vector Control, sprays pesticides to control the adult mosquito population in high-risk areas of the County. It is advised that everyone, especially children, the elderly and expectant mothers, remain indoors during and shortly after adult mosquito spraying to protect their health. The Department of Health Services maintains an email list to notify interested parties of spraying locations, dates and times. Twenty-four to 48 hours prior to commencing emergency aerial adult sprayings, the Division of Vector Control posts notices on its website, and notifies local newspapers and television stations. The County has the ability, through recent technological/communications advances, to provide enhanced notice to County residents when their communities are going to be sprayed with pesticides. Without this knowledge, residents are more likely to be outside during ground and aerial spraying. The County has an automated caller system called "CodeRED," which is capable of making prerecorded notification calls to landline telephones and also providing similar notice via cell phone and email on an opt-in basis. By January 2011, the County will have a sufficient number of prepaid minutes to make both emergency notifications and adult mosquito spraying calls using the CodeRED system. Residents in areas where adult mosquito spraying will be taking place can and should be notified via telephone in advance to reduce their risk of exposure to pesticides; now, therefore be it.

§ 1162-8 Authority to provide notification.

The Department of Health Services is hereby authorized, empowered and directed to provide notification by automated telephone call and automated text message to all persons residing in areas where ground and/or aerial adult mosquito control pesticide spraying will occur and all persons residing in areas likely to be affected by such spraying.

§ 1162-9 Use of CodeRED system.

The Department of Health Services is hereby authorized, empowered and directed to use the County's CodeRED system for the purposes of providing automated telephone calls to landlines and similar notice to cellular phones and email on an opt-in basis, informing residents of adult mosquito spraying dates and times.

§ 1162-10 Message content; optional services.

The Department of Health Services will be responsible for the content of each message and the time at which such message shall be provided to County residents via automated telephone call or automated text message. Each message shall include a notification to residents that they may opt in to receive notices via cellular phones and email and informing them of the proper procedures for opting in to these alternate notification methods.