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.
PERSON
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.
PEST
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.
PESTICIDE
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.
USE
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:
A.
Applying a pesticide, including mixing and loading and any required
supervisory action in or near the area of application.
B.
Handling, transporting or storing a pesticide or pesticide container.
C.
Disposal actions for a pesticide and/or containers or equipment
associated with the pesticide.
VILLAGE
The Incorporated Village of East Hills.
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 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.