[Ord. No. 443, § 1, 5-21-1968]
For the purposes of this article:
Any contrivance now known, or hereafter invented, that is
used or designed for navigation of, or flight in, the air over land
or water, and that is designed for or adaptable to use in applying
pesticides as sprays, dusts or in other forms.
Any person who engages in custom application of pesticides.
Any application of insecticides, fungicides, herbicides,
defoliants or desiccants by aircraft or ground equipment, for hire
or compensation; provided, however, that the term shall not apply
to stump-treating when the tree is cut or sawn down, nor to the use
of brush or a mop in connection with axe frilling.
Any substance or mixture of substances intended for causing
the leaves or foliage to drop from a plant, with or without causing
abscission.
Any substance or mixture of substances intended for artificially
accelerating the drying of plant tissues.
Any nonchlorophyll-bearing thallophytes including rusts,
smuts, mildews, molds, yeasts and bacteria, except those on or in
living man or other living animals, and except those on or in processed
food, beverages or pharmaceuticals.
Any substance or mixture of substances intended or compounded
for preventing, destroying, repelling or mitigating any fungi or bacteria.
Any machine, equipment or device that is designed for use,
adaptable to use or that is used on land or water in applying pesticides,
as sprays, dusts, aerosols, fogs or in other forms.
Any substance or mixture of substances intended or compounded
for preventing, destroying, repelling or mitigating any weed.
Any of the numerous small invertebrate animals generally
having the body more or less obviously segmented, for the most part
belonging to the class insecta, comprising six legged, usually winged
forms, including beetles, bugs and flies, and belonging to other allied
classes of arthropods whose members are wingless and usually have
more than six legs, including spiders, mites, ticks, centipedes and
wood lice.
Any substance or mixture of substances intended or compounded
for preventing, destroying, repelling or mitigating insects which
may be present in any environment.
Any substance or mixture of substances intended for regulating,
defoliating or desiccating plants, or for preventing, destroying,
repelling or mitigating any insects, rodents, fungi, bacteria, weeds
or other forms of plant or animal life which the board shall declare
to be a pest, excluding plant nutrients, trace elements, nutritional
chemicals, plant inoculants and soil amendments from "regulating."
Any plant or plant part which grows where not wanted.
[Ord. No. 443, § 8, 5-21-1968]
Any person violating the rules, regulations or standards promulgated
pursuant to this article, after a notice to cease and desist, shall
be guilty of a misdemeanor.
[Ord. No. 443, § 4, 5-21-1968]
Nothing contained in this article shall be construed as prohibiting
any person within the corporate limits of the city from spraying his
own property, nor as prohibiting any such person from doing his own
spraying upon any property rented by or under lease to him.
[Ord. No. 443, § 2, 5-21-1968]
It is unlawful for any person to act, operate or do business
as an applicator, or to engage in custom application of pesticides,
unless the person has an applicator's permit issued by the city. Permits
shall be issued only under application to the city on a form of application
prescribed by the city. The application shall contain information
regarding the applicant's qualifications, proposed operations, present
residence, residence for the past five years, name of insurance company
that the applicant has insurance with, policy number and such other
information as may be specified by the city.
[Ord. No. 443, § 2, 5-21-1968]
A permit under this article shall be issued only after the applicant's
qualifications are deemed satisfactory by the board, showing that
the particular individual or individuals who will personally make,
or supervise the making, of a custom application of pesticides under
the permit, are qualified to do so. A failure to show proper qualification
or fitness as an applicator, in the opinion of the city, shall make
it the duty of the city to deny the application for a permit.
[Ord. No. 443, § 2, 5-21-1968]
(a)
No permit shall be issued, renewed or validated under this article
unless the applicant has furnished evidence of financial responsibility
with the board consisting of a surety bond or cash bond, plus certificate
of liability insurance, or certification thereof, protecting any person
who may suffer legal damages as a result of the operations of the
applicant. The board shall require a reasonable bond or insurance
policy from each applicant, under such rules and regulations as it
may prescribe, with respect to custom applications of pesticides.
The board shall not accept a surety bond or liability insurance policy,
except from authorized insurers licensed to do business in the state,
in the following amounts:
(b)
These amounts are to include any legal loss or damage arising out
of the actual use of a pesticide. The bond or liability insurance
policy shall be maintained at not less than the required sum at all
times during the licensed period, and a copy of the valid bond or
insurance policy will be furnished to the city auditor at the time
the license is issued. If the applicant has not satisfied the requirement
of the deductible amount in any prior legal claim, such deductible
clause shall not be accepted by the board.
(c)
Whenever the applicator's bond or liability insurance is reduced
below the required amount, the permit shall be automatically suspended
until such bond or insurance policy again meets the requirements prescribed.
The board shall be notified at least 10 days prior to any reduction
or cancellation of the surety bond or liability insurance policy by
the surety or insurer.
[Ord. No. 443, § 2, 5-21-1968; Ord. No. 511, 10-28-1975]
(a)
A fee of $65 shall be paid to the city for the issuance, or renewal,
of a permit, for each unit of an aerial applicator plus and investigation
fee of $10. This fee shall be paid annually.
(b)
A fee of $65 shall be paid for the issuance or renewal of a permit,
for each unit of any applicator, other than aerial, plus an investigation,
fee of $10 for the initial permit only.
(c)
All fees shall be collected by the city auditor.
[Ord. No. 443, § 2, 5-21-1968]
Upon payment of the license fee as provided in this article,
a license so granted shall entitle the licensee named therein to engage
in business as a public sprayer within the corporate limits of the
city for a period of one year, unless said license shall be sooner
revoked.
[Ord. No. 443. § 7, 5-21-1968]
Any permit issued under this article may be suspended, canceled
or revoked by the board after a hearing and opportunity to be heard
has been given to the holder of the permit. Notice thereof shall be
given to the holder of the permit by registered or certified mail
at least 10 days prior to the date of hearing. The suspension, cancellation
or revocation may be made if the board finds that the person has made
misrepresentations for the purpose of defrauding; has not satisfactorily
performed, without proper cause, any contract into which the person
has entered; if the person has used methods of pesticides not suitable
or safe for the purpose for which they have been employed; for the
failure or refusal to furnish the board, upon request, true information
regarding methods, pesticides and safety measures used, work performed
or other information deemed essential by the board; for making any
false statement or misrepresentation in an application for issuance
or renewal of a permit; or for any violation of state law or of regulations
or standards prescribed by the board. Any reason for suspension, cancellation
or revocation of a permit is a misdemeanor.
[Ord. No. 443, § 2, 5-21-1968]
All permits shall expire annually on December 31st following
their issuance or renewal and may be renewed for the ensuing calendar
year, without examination, if the application therefor is filed with
the board not later than March first of the ensuing year for which
the permit is to be renewed.
[Ord. No. 443, § 4, 5-21-1968]
(a)
Every licensee under this article shall be equipped with a power
sprayer with a pressure gauge attached, and such machine shall be
capable of maintaining at least 250 pounds pressure or the equivalent
thereof, measured at the gauge when two nozzles are open for use.
The tank must have a mechanical agitator. If back pressure agitation
is used, at least 400 pounds pressure must be used. All dormant sprays
for San Jose scale and other sucking and chewing insect pests, as
well as the calyx spray for the codling moth, shall be applied by
such machines under at least 200 pounds pressure or the equivalent
thereof.
(b)
The board shall have the authority to make, adopt, promulgate and
enforce regulations and standards for the custom application of pesticides.
All regulations and standards adopted by the board shall have the
force and effect of law insofar as they conform, as far as possible,
under existing state law, to the recommendations of the United States
Department of Agriculture. The board may procure samples of spray
and dusting materials, after they have been mixed, in order to determine
the concentration of the mixture. If the board finds that any sample
is deficient, the findings shall be considered prima facie evidence
for revocation of applicator's permit and for prosecution for a misdemeanor.
[Ord. No. 443, § 3, 5-21-1968]
(a)
Each applicator is hereby required to keep the following information:
(1)
Date, time and method of each application.
(2)
Pesticide used and dosage.
(3)
Name and address of person contracting application.
(4)
Name and address of owner or occupant of area treated.
(5)
Location of area treated.
(6)
Specific type of vegetation, trees, crop, etc., to which pesticide
was applied.
(b)
It shall be, the duty of every licensee to file with the city auditor
weekly a written report giving the names and addresses of the persons
for whom spraying has been done during the period covered by said
report.
