[HISTORY: Adopted by the Town Board of the Town of Clifton Park 5-8-1990
by L.L. No. 10-1990. Amendments noted where applicable.]
[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.[1]
[1]
Editor's Note: See Article 3-A of the Town Law.
As used in this article, the following terms shall have the meanings
indicated:
In the case of a pesticide, an ingredient which will prevent, destroy,
repel or mitigate insects, fungi, rodents, weeds or other pests.
The application of pesticide from an aircraft.
Any contrivance now known or hereafter invented, used or designed
for navigation of or flight in the air.
Any application of pesticides by aircraft.
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.
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.
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.
Any substance or mixture or substances intended for preventing, destroying,
repelling or mitigating any pest.
A.
Any individual, company or corporation engaged in or
sponsoring aerial pesticide spraying within the Town of Clifton Park shall
submit a filing with the office of the town's Department of Building and Development
a minimum of 15 days prior to commencement of aerial spraying activities.
B.
The filing shall include a list, by name and address,
of all properties in the town that will be subject to aerial pesticide spraying,
a consent form signed by each participating property owner consenting to the
spraying, the dates and times of the proposed aerial spraying, the name of
the active ingredients to be utilized in the aerial spraying activity, the
name and address of the sponsor of the spraying, the name and address of the
certified applicator of the pesticide, the names and addresses of the owners
of the aircraft being utilized for the spraying and an affidavit listing the
names and addresses and a map of all property owners within 500 feet of the
properties to be sprayed, which affidavit shall affirm that all property owners
on the list have been notified of the dates and times of the proposed spraying
in person or, as an alternative, provide with the filing the Postmaster's
green card indicating said individuals have received written notification
of the proposed spraying, and the active byproduct labels and Environmental
Protection Agency fact sheets for ingredients being utilized in the spraying
activities.
C.
Within 15 days of the submission of the completed spraying
filing, the Director of the Town Department of Building and Development shall
issue an acknowledgment of filing. The acknowledgment shall include the following
language: "The sponsor assumes responsibility in connection with spraying
activity and has received a copy of Local Law No. 10-1990, entitled `Regulation
of Aerial Pesticide Spraying.'"
D.
Upon issuance of the acknowledgment, the Director shall
cause a notice of the dates and times of the aerial spraying to be posted
and published in the town's official newspaper and shall issue a press release
of the dates, times and location of the aerial spraying.
A.
No aerial pesticide spraying is permitted on properties
located within the Town of Clifton Park without the filing by the sponsor
pursuant to this article.
B.
No aerial pesticide spraying is permitted on the property
of any property owner who has not consented to the aerial spraying of his
property.
A.
It shall be a violation of this article to engage in any activities prohibited by § 159-5 hereof. Each separate property affected by a violation of this article shall be considered a separate violation.
B.
Private action. Any person injured or damaged or who
may be injured or damaged by any violation prescribed herein may enforce the
rights created herein through an action in New York State Supreme Court against
the sponsor, applicator and/or aircraft owner in connection with any such
violation.
C.
Government enforcement. Each violation of any of the
provisions of this article shall, upon conviction, be punishable by a fine
not to exceed $2,000, or by a term of imprisonment not to exceed 30 days,
or by both such fine and imprisonment.
[Amended 5-2-2005 by L.L. No. 4-2005]
