[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.).
Any ingredient which will prevent, destroy, repel, control
or mitigate pests or which will act as a plant regulator, defoliant
or desiccant.
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.
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.
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.
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.
Police.
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.
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.
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.
Any individual who is accountable for the use of a pesticide
by himself or any person under his direct supervision.
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).
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:
A.
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.
B.
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.
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 proper
enforcement officers or to customers upon request.
D.
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.
E.
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.
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 applicator associated with the application.
E.
The pesticide(s) to be used (brand name and common
chemical names, if available, of the active ingredients).
F.
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.
G.
Any precautionary statement(s) on the product's federal
registered label.
H.
The telephone number of the National Pesticide Telecommunication
Network for general pesticide information.
I.
The telephone number of the New Jersey Poison Information
and Education System for emergency use.
J.
The telephone number for the DEP Pesticide Control
Program for regulation information.
A.
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.
B.
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.
