[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.]
GENERAL REFERENCES
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:
Any ingredient which will prevent, destroy, repel, control
or mitigate pests or which will act as a plant regulator, defoliant
or desiccant.
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.
Any person who applies pesticides within the Village by equipment
other than aerial under the direct supervision of a commercial pesticide
operator.
Any person who uses or supervises the use of any pesticide
for any commercial purpose on any property within the Village.
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.
Any official designated by the Village whose duties are to
enforce the rules and regulations promulgated under this chapter.
Any pesticide so classified under the provisions of NYCRR
Part 325.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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:
(1)
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)
A general statement of the purpose of the notification and procedures
to follow to obtain additional information.
(b)
The proposed application date(s).
(c)
The location(s) of the application.
(d)
The name, address and registration number of the commercial
pesticide operator associated with the application.
(e)
The brand name and active ingredients of the pesticide(s) to
be used.
(f)
Any precautionary statements on the pesticide's federal
registration label.
(2)
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.
