[HISTORY: Adopted by the Board of Trustees of the Village of East Hills 11-21-1994 by L.L. No. 4-1994. Amendments noted where applicable.]
Commission for Conservation of the Environment — See Ch. 15.
Air pollution — See Ch. 55.
Animals — See Ch. 67.
Brush, grass and weeds — See Ch. 75.
Gardeners — See Ch. 107.
Parks and recreation areas — See Ch. 137.
Solid waste — See Ch. 173.
Trees, hedges and shrubbery — See Ch. 187.
Environmental quality review — See Ch. 235.
The following words and terms, when used in this chapter, shall have the following meanings:
- ACTIVE INGREDIENT
- Any ingredient which will prevent, destroy, repel, control or mitigate pests or which will act as a plant regulator, defoliant or desiccant.
- BRAND or BRAND NAME or TRADE NAME
- The characteristic designation, by words, symbols, name, number or trademark, of a specific particular pesticide or formulation thereof under which the pesticide is distributed, sold, offered for sale, handled, stored, used or transported in the State of New York.
- COMMERCIAL PESTICIDE APPLICATOR
- Any person who applies pesticides within the Village by equipment other than aerial under the direct supervision of a commercial pesticide operator.
- COMMERCIAL PESTICIDE OPERATOR
- Any person who uses or supervises the use of any pesticide for any commercial purpose on any property within the Village.
- ORNAMENTAL AND TURF
- Trees, shrubs, grass and other plantings in and around habitations generally, including residences, parks, streets, retail outlets and industrial and institutional buildings.
- Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies as well as individuals, and shall also include all political subdivisions of this state or any agencies 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 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.
- PROPER ENFORCEMENT PERSONNEL
- Any official designated by the Village whose duties are to enforce the rules and regulations promulgated under this chapter.
- RESTRICTED-USE PESTICIDE
- Any pesticide so classified under the provisions of NYCRR Part 325.
- STATE REGULATIONS
- Rules and regulations promulgated under NYCRR Part 325.
- Any act of handling or release of a pesticide or exposure of person, property or the environment to a pesticide through acts which include but are not limited to:
- The Incorporated Village of East Hills.
No person shall engage in the activities of a commercial pesticide operator without having first satisfied the applicable requirements established by the New York State Department of Environmental Conservation and having obtained a valid pesticide business registration issued by that Department.
Each commercial pesticide operator shall, at all times, have in his/her possession a valid registration card and shall produce it immediately upon request by proper enforcement personnel.
Each commercial pesticide operator must keep records of each application of pesticides in accordance with state regulations. Such records shall be made available upon request to all proper enforcement personnel.
No person shall engage in the activities of a commercial pesticide applicator without having first satisfied the applicable requirements established by the New York State Department of Environmental Conservation and having obtained a valid commercial pesticide applicator license issued by that Department.
Each commercial pesticide applicator shall, at all times, have in his/her possession a valid license card and shall produce it immediately upon request by proper enforcement personnel.
No person shall store restricted-use pesticides within the Village without first meeting all applicable provisions of state regulations.
No person shall add water to any pesticide handling, storage or application equipment via a hose, pump or other equipment unless such hose, pump or other equipment is fitted with an effective valve or device to prevent the backflow of pesticides or liquids containing pesticides into water supply systems, streams, lakes, other sources of water or other areas.
All persons having employees who use, apply, transport or otherwise handle any pesticide shall make available to such employees all necessary and appropriate safety equipment, in good working order, and shall train such employees in the proper operation of such safety equipment.
Any person within the Village desiring notification of outdoor ornamental and turf pesticide applications within the Village may register with the Village Clerk or other designated municipal official by April 1 of the calendar year in which the applications subject to notification will occur.
No commercial pesticide operator or commercial pesticide applicator shall cause or allow an outdoor ornamental and turf pesticide application utilizing hydraulic spraying equipment, airblast sprayers or other similar application equipment unless the following procedures have been implemented:
A commercial pesticide operator or commercial pesticide applicator shall obtain the names and addresses of persons requesting notification under this section from the Village Clerk or other designated municipal official and shall provide notice of same, at least 48 hours prior to the proposed application, by mail or by personal delivery, to all such persons requesting notification. Such notice shall contain the following information:
A general statement of the purpose of the notification and procedures to follow to obtain additional information.
The proposed application date(s).
The location(s) of the application.
The name, address and registration number of the commercial pesticide operator associated with the application.
The brand name and active ingredients of the pesticide(s) to be used.
Any precautionary statements on the pesticide's federal registration label.
The certified pesticide operator shall keep a record or file of all notices provided under this section.
Any person violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $1,000 or to imprisonment not exceeding 90 days, or both.