For the purposes of application and enforcement of this chapter,
the following words and phrases shall be defined as indicated:
AGRICULTURAL COMMODITY
Any plant or part thereof or animal or animal product produced
by a person (including farmers, rangers, vinyardists, plant propagators,
Christmas tree growers, aquaculturists, floriculturists, orchardists,
foresters or other comparable persons) primarily for sale, consumption,
propagation or other use by man or animal.
MICROBIAL INSECTICIDES
Preparations based on disease organisms which normally cause
insect diseases. (See bacillus thuringiensis; milky disease spores.)
NONAGRICULTURAL USE
Use of a property, which property has not been assessed as
farmland by the Township Tax Assessor and/or is used for purposes
other than the production of an agricultural commodity.
PERSON
Means and includes corporations, companies, associations,
societies, firms, and partnerships, as well as individuals.
PEST
A.
Any insect, rodent, nematode, fungus or weed; or
B.
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 a living man or other animals) which
is injurious to health or the environment.
PESTICIDE
Means and includes any substance or mixture of substances
labeled, designed, or intended for use in preventing, destroying,
repelling or mitigating any pest, or any substances 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.
TOXIC
Poisonous or capable of causing acute or chronic injury to
living organisms.
The aerial spraying of pesticides, other than microbial insecticides
as defined herein, for nonagricultural uses is specifically prohibited.
Any person engaged in aerial spraying of pesticides over lands
located in Berlin Township must register with the Berlin Township
Clerk, or her designee, at least seven days before the anticipated
date of spraying operations; such registration shall include accurate
information regarding:
A. The pesticide to be sprayed, a copy of the label to be filed with
the Township Clerk.
B. The area, by lot and block numbers, to be sprayed.
C. The aircraft (by registration number, model and general description)
to be used in the spraying.
D. The identity of the pilot of the aircraft and his pesticide applicator
license number.
E. The dates and times when the spraying is to take place.
F. The name and address and telephone number of the person making the
application for registration.
G. 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)
Each occurrence: $300,000.
(2) Property damage liability:
(a)
Each occurrence: $100,000.
All aerial spraying operations must conform to existing federal
and state regulations. For example, no single-engine planes are permitted
at low altitudes over congested areas.
The provisions of this chapter shall not apply to county, state
or federal agencies.
[Amended 7-24-2006 by Ord. No. 2006-10]
Any person violating the provisions of this chapter (including,
but not limited to, the registration requirements) and any person
assisting or participating in an aircraft spraying operation resulting
in the violation of this chapter shall be subject to a fine of not
more than $2,000 or imprisonment in the county jail for not more than
90 days, or both.