Borough of Cresskill, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 5-2-1989 by Ord. No. 89-6-1009. Amendments noted where applicable.]
GENERAL REFERENCES
Residential landscaping — See Ch. 151.
Ragweed and noxious growth — See Ch. 201, Part 2.
Shade trees — See Ch. 214.

§ 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 by man or animal.
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:
A. 
Applying a pesticide, including mixing and loading and any required supervisory action in or near the area of application.
B. 
Handling, transporting or storing a pesticide or pesticide container.
C. 
Disposal actions for a pesticide and/or containers or equipment associated with the pesticide.

§ 196-2 Commercial pesticide operator registration.

A. 
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.
B. 
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.

A. 
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.
B. 
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.
C. 
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.
D. 
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.

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

A. 
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.
B. 
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.

A. 
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.
B. 
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.

A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.

A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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[1] or any rules and regulations promulgated thereunder.
[1]
Editor's Note: "The Act" refers to the Pesticide Control Act of 1971, as amended. N.J.S.A. 13:1F-1 et seq.
F. 
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.
G. 
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.
H. 
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.

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