[Adopted 5-8-1990 by L.L.
No. 10-1990]
It is the intention of the Town Board to recognize the private property
rights of residents of the town and the special interests and rights of those
at risk by virtue of pesticide spraying activities. The Town Board finds it
essential to protect residents from the potential ill effects and problems
associated with aerial pesticide spraying, while recognizing the private property
rights of individuals choosing to address problems associated with insect
infestation.
This article is adopted pursuant to the town's municipal home rule authority
pursuant to Municipal Home Rule Law §§ 10, 11 and 20, and the
general police powers set forth in the Town Law, and the general municipal
powers of the town pursuant to the Town Law and Suburban Town Law.
As used in this article, the following terms shall have the meanings
indicated:
ACTIVE INGREDIENT
In the case of a pesticide, an ingredient which will prevent, destroy,
repel or mitigate insects, fungi, rodents, weeds or other pests.
AIRCRAFT
Any contrivance now known or hereafter invented, used or designed
for navigation of or flight in the air.
CERTIFIED APPLICATOR
Any individual who is certified to use or supervise the use of any
pesticide in any category of use covered by his certification from the Department
of Environmental Conservation.
INSECT
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 as, for example,
beetles, bugs, bees, flies, moths and to other allied classes of arthropods
whose members are wingless and usually have more than six legs as, for example,
spiders, mites, ticks, centipedes and wood lice, except those on or in living
man.
PEST
Any insect, rodent, 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 in living man or other
living animals, deemed a "pest" by the Commissioner of Environmental Conservation.
PESTICIDE
Any substance or mixture or substances intended for preventing, destroying,
repelling or mitigating any pest.