[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge 6-6-1983 as Ord. No. 839. Amendments noted where applicable.]
Homeowners, private commercial applicators, municipal, county and state agencies desiring to use pesticides, herbicides and defoliants for spraying of trees, which will be applied under high pressure, must obtain a permit or written permission from the River Edge Health Officer. This permit may be obtained at least three (3) days prior to the first intended spray date. This chapter shall not limit or regulate spraying by homeowners on their own property using waterborne chemicals or aerosol sprays.
The homeowner or governmental agency shall notify by personal service all property owners within two hundred (200) feet and all beekeepers within two thousand (2,000) feet of the intended spray site at least twenty-four (24) hours but not more than three (3) days before each application. Notification is to include: he date, time and alternate date and time; the purpose for spraying; the type and amount of pesticide, herbicide and/or defoliant to be used; the name, address and telephone number of the applicator, and a statement that all chemicals to be used are approved by the New Jersey Department of Environmental Protection for use in high-density populated areas.
Immediately prior to the commencement of spraying, the homeowner will be responsible for notification of all homeowners within one hundred (100) feet of the intended spray area. The notice will advise homeowners to close windows and remove toys, food and cooking equipment and clothing from the immediate and adjacent spray area and to protect all pets and animals.
It shall be the obligation of the River Edge Beekeepers to provide the River Edge Health Officer with the names and addresses of their designated representative and to provide the Health Department with an updated location of all beehives in the Borough of River Edge with a list of the names, addresses and telephone numbers of all beekeepers by March 15 of each year. Said list shall be maintained in the office of the Borough Health Officer.
Spraying hereunder shall not be permitted during the periods from 10:00 a.m. to 7:00 p.m., inclusive, within two thousand (2,000) feet of a beehive registered with the Borough Health Officer. Spraying hereunder shall be permitted from dawn to dusk in all other areas of the borough. There shall be no spraying when children might be walking to and from school between the hours 8:00 a.m. to 9:00 a.m. and 3:00 p.m. to 4:00 p.m.
Immediately prior to the commencement of spraying, the homeowner or governmental agency will post signs advising the public that spraying is in progress. The signs are to read: CAUTION: PESTICIDE SPRAYING IN PROGRESS, and shall include a universal spraying poison symbol. Signs shall be posted on or adjacent to any and all public roadway adjacent to the property being sprayed, as well as public roadways of properties that are contiguous to the rear and side yards. All signs shall be posted within two hundred (200) feet, and one (1) such sign shall be posted on the premises.
Spraying shall be directed into property to be sprayed rather than out of it.
There shall be no commercial spraying of pesticides, herbicides and/or defoliants within five hundred (500) feet of the boundaries of any property upon which a school is located while school is in session, or any park or recreational facility that is in use.
Application of pesticides, herbicides and/or defoliants using conventional high-gallonage sprays or airblast equipment shall be by commercial applicators who are certified and registered by the State of New Jersey. Application of sprays shall be in conformance with New Jersey Pesticide Control Regulations, Guidelines for Subchapter Two, N.J.A.C. 7:30-1.
This chapter shall not preclude the application of aerial spraying by this municipality or its agents. Notification of such spraying shall be by regular mail. All other aerial spraying shall be prohibited by this chapter.
For a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding one thousand dollars ($1,000.), or imprisonment for up to ninety (90) days, or a period of community service not exceeding ninety (90) days, or any combination thereof.
The Health Officer or his designee shall have the authority to enforce the provisions of this chapter.