[HISTORY: Adopted by the Mayor and Council of the Borough of Harrington Park 6-21-2004 by Ord. No. 564. Amendments noted where applicable.]
This chapter shall be knows as the "Pesticide Control Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- The Pesticide Control Act of 1971, as amended (N.J.S.A. 13:1F-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.
- ADJACENT and CONTIGUOUS
- To border upon or touch; for the purpose of this chapter this includes those properties across the intervening residential street, which would actually touch or border upon the property in question if the street were not present.
- 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.
- Spraying, dusting, vaporizing or any outdoor airborne application of a pesticide by any person.
- BRAND or BRAND NAME or TRADE NAME
- The characteristic designation by words, symbols, name, number or trademark of a specific particular pesticide or formation 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 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."
- Any person(s) who hires a commercial pesticide applicator business to perform turf or ornamental pest control application on a property owned or rented by him.
- New Jersey Department of Environmental Protection.
- ENFORCEMENT OFFICER
- The United States Environmental Protection Agency.
- Includes corporations, companies, associations, societies, firms, partnerships, and joint-stock companies, as well as individuals, and shall also include all political subdivisions of the state or any agency or instrumentalities thereof.
- Any insect, rodent, nematode, fungus, weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or microorganism (except viruses, bacteria, or other microorganisms on or in living man or other animal) which is injurious to health or the environment.
- PESTICIDE (also includes HERBICIDE)
- 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 or herbicide.
- 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 trading of personal services between producers of agricultural commodities, on the property of another person.
- 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. 7:30-1 et seq. or so classified by the Administrator of United States Environmental Protection Agency (EPA).
- 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 than any pests therein or thereon are controlled. This term does not include any similar site which was not part of the original agreement between the contracting parties even if such site is included on the label or labeling of the pesticide.
- 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:
No person shall engage in the activities of a commercial pesticide applicator without having satisfied the applicable requirements established by the Department of Environmental Protection (DEP) and having obtained a valid commercial pesticide applicator registration issued by the Department.
Each commercial pesticide applicator shall at all times have in his/her possession the valid registration card and shall produce it upon request by proper enforcement officers as well as the customer.
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 proper enforcement officers or to customers upon request.
No person shall make false or misleading claims through any media relating to the effects of a pesticide, the degree of certification required, or the application methods to be utilized.
No person shall falsify or produce fraudulent application records.
No person shall store restricted-use pesticides without first meeting applicable provisions of state regulations.
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.
Businesses required to register pursuant to N.J.A.C. 7:30-7.1 et seq. shall maintain financial responsibility at all times while such registration is in effect. The financial responsibility shall meet or exceed the standards set forth in N.J.A.C. 7:30-7.1 et seq.
The customer may obtain copies of notices from the commercial pesticide applicator and shall deliver such notices, at least 12 hours prior to the proposed application date, to residents of property adjacent and contiguous to the customer's property, such notice to contain the following information:
A general statement of the purpose of the notification and procedures to follow to obtain additional updated information.
The proposed application date(s).
The location of the application.
The name, address and registration number of the applicator business or the responsible applicator associated with the application.
The pesticide(s) to be used (brand name and common chemical names, if available, of the active ingredients).
The name, address and telephone number of the applicator who may be contracted and is responsible for supplying updated information on the proposed pesticide applications to those persons requesting it.
Any precautionary statement(s) on the product's federal registered label.
The telephone number of the National Pesticide Telecommunication Network for general pesticide information.
The telephone number of the New Jersey Poison Information and Education System for emergency use.
The telephone number for the DEP Pesticide Control Program for regulation information.
Nothing herein shall be deemed or construed to apply in any regard to the application of any pesticide as defined herein which is available to the consumer market and for which use or application no license or certification is required by any federal or state agency.
The provisions of this chapter shall not apply to any pesticide application which is made for the purpose of producing an agricultural commodity.
[Amended 4-18-2011 by Ord. No. 658]
Failure to comply with the provisions of this chapter shall be punishable as set forth in Chapter 164, Fines and Penalties.