[HISTORY: Adopted by the Board of Trustees of the Village
of Scarsdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-22-2022 by L.L. No. 9-2022]
A.
In consideration of the hazards involved in the use of pesticides,
fungicides, herbicides, nonorganic fertilizers, and insecticides,
the Village deems it prudent to employ organic landscaping strategies
which minimize risks to human health and to the environment. This
goal is consistent with the recommendations of the U.S. Environmental
Protection Agency, which states that "all pesticides are toxic to
some degree ... and the commonplace, widespread use of pesticides
is both a major environmental problem and a public health issue."
B.
To this end, the Village hereby adopts this article to regulate pesticide
use on Village property.
C.
The Village shall employ nontoxic alternatives and practices to eliminate
the use of pesticides by Village employees and any private contractors
hired by the Village, and to encourage businesses and residents within
the Village to adopt similar methods.
D.
Reducing the amount of pesticides used on Village property (owned
or operated) is appropriate in consideration of the Village's
desire to become a more sustainable community and employ environmentally
sound practices on all Village property.
A.
Unless specifically defined below, words or phrases used in this
article shall be interpreted so as to give them the meanings they
have in common usage and to give this article its most reasonable
application.
B.
NOFA
NOP
OMRI
ORGANIC PRODUCT
(1)
(2)
(3)
(4)
(5)
PEST
PESTICIDE
PROHIBITED PRODUCT
SUPERINTENDENT
VILLAGE
VILLAGE PROPERTY
As used in this article, the following terms shall have the meanings
indicated:
The Northeast Organic Farming Association.
The National Organic Program.
The Organic Materials Review Institute.
Any products or materials:
Sanctioned as organic in accordance with the OMRI;
Whose active ingredients are all listed in the OMRI Generic
Materials List;
Listed in the NOP, Code of Federal Regulations Title 7, Subtitle
B, Chapter I, Subchapter M, Part 205, Subpart G, § 205.601;
Designated and labeled as "for organic production" per the NOP;
or
As prescribed by certified organic agents or contractors accredited
through the NOFA, provided that such prescription is in accordance
with the land care and maintenance practices sanctioned by NOFA in
its Standards for Organic Land Care for clients who ask for organic
services.
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 living in man or other animals) which is injurious to health
and 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 Environmental Protection
Agency (EPA) does not consider to be a pesticide.
Any product, material, pesticide, fungicide, insecticide,
herbicide, rodenticide or fertilizer that is not an organic product.
The Village of Scarsdale Superintendent of Parks, Recreation
and Conservation.
The Village of Scarsdale.
Any property owned, occupied, or controlled by the Village,
including but not limited to parks, streets, sidewalks, grassy areas
adjacent to Village streets and sidewalks, waters, waterways, fields,
athletic fields, and open spaces.
The Village, its officers, employees, and any agents or contractors
employed by or hired by the Village to perform work on a Village property
shall only use and apply organic products on Village property.
A.
Emergency situations. The Superintendent, with the express written
approval of the Village Manager, may issue an emergency order allowing
the use of a prohibited product(s) to remediate an imminent threat
to human health, the environment, or to the public welfare and safety.
The use of the prohibited product(s) may continue until the threat
is eliminated or until such earlier time as the Superintendent may
determine.
B.
Nonemergency situations. Any officer, employee, or agent of the Village,
and any contractor, may apply to the Superintendent for permission
to use a prohibited product(s) to remediate a particular condition
on Village property. The Superintendent, with the express written
approval of the Village Manager, may grant the application upon a
showing that reasonable attempts have been made to remediate the condition
using organic products; that the attempted use of the organic products
have failed to reasonably remediate the condition; and that a prohibited
product(s) has proven to be effective against such condition in the
past. In addition, the application must include a plan to prevent
the post-remediation reoccurrence of the condition using organic products.
C.
Notice.
(1)
The Superintendent shall give advance written notice of any use of
a prohibited product(s) to the Village Board of Trustees and the Village
Conservation Advisory Council Chair at least five business days before
use of such prohibited product(s). Such notice shall include, but
is not limited to:
(2)
Such notice shall be promptly posted on the Village website.
D.
Signage at site. Signage stating the use of a prohibited product(s)
shall be clearly posted at the location where such prohibited product(s)
have been used. Such notice shall be posted immediately after the
application of the prohibited product(s).
Notwithstanding the requirement to use organic products on Village
property, a prohibited product may be used by the Village of Scarsdale
Fire Department and Village of Scarsdale Police Department when engaging
in public safety activities, and the Village of Scarsdale Public Works
Department for sanitary sewer maintenance activities. This exemption
does not extend to the maintenance of Village property used or occupied
by the Village Fire Department, Village Police Department or the Village
Public Works Department.
