[HISTORY: Adopted by the Common Council of
the City of Albany 12-7-1998 by Ord. No. 38.71.98; amended in its
entirety 6-6-2011 by Ord. No. 34.51.11(MC). Subsequent amendments
noted where applicable.]
The Common Council declares it to be the policy
of the City to phase out pesticide use for many pest-control purposes
and to adopt a control policy that substantially reduces chemical
controls. The Common Council further finds that, because of continual
developments in alternatives to pesticides, City departments must
carry out an ongoing review of pesticide use and continually seek
to reduce or eliminate pesticide use.
As used in this chapter, the following terms
shall have the meanings indicated:
A pesticide as defined by 7 U.S.C. § 136(mm).
Any insect, rodent, weed or any other form of terrestrial
or aquatic or animal life or virus, bacteria or other microorganism
(except viruses, bacteria or other microorganisms on or in living
man or other living animals) which the Commissioner of the New York
State Department of Environmental Conservation declares to be a pest.
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest; and any substance or
mixture of substances intended for use as a plant regulator, defoliator
or desiccant. It shall include all pesticide products registered as
such by the United States Environmental Protection Agency and the
New York State Department of Environmental Conservation and all products
for which experimental use permits and provisional registrations have
been granted by the United States Environmental Protection Agency
and the New York State Department of Environmental Conservation.
A.
There is hereby created a Pest Management Board under this chapter
composed of seven members as follows: the Commissioner of the Department
of General Services or his or her designee; the Commissioner of the
Department of Recreation or his or her designee; the Director of the
Office of Sustainability or his or her designee; and four citizens
appointed by the Common Council, one of whom shall have a background
in public health or be a healthcare practitioner, one of whom shall
be actively involved in a local environmental organization; one of
whom shall have a background in organic pest management, and one of
whom shall have a background in landscaping or property management.
The members shall serve at the pleasure of the Common Council. The
Committee shall annually choose a chair.
[Amended 12-18-2017 by Ord. No.
46.121.17]
B.
The Pest Management Board shall publicly notice and hold meetings
at least once per year, or more often if necessary. The Board shall
allow for a public comment period at each meeting, the length and
placement to be determined by the Committee. The Mayor shall have
the authority to call a special meeting of the Pest Management Board
in the event of an emergency regarding property, health and safety.
[Amended 12-18-2017 by Ord. No.
46.121.17]
C.
The Pest Management Board shall review and make recommendations to the City departments regarding pest management, monitor efforts of the City to reduce pesticide use, have the authority to research and report on programs used successfully by other municipalities or private industry, and shall be responsible for granting waivers as provided in § 259-6.
A.
A. Each
City department in carrying out its duties shall assume that pesticides
are potentially hazardous to humans and the environment and shall
give preference to reasonably available nonpesticide alternatives
when addressing pest problems on City property. No pesticides classified
as Toxicity Category I by the United States Environmental Protection
Agency, or any pesticide classified as a known, likely or probable
human carcinogen or "carcinogenic to humans," "likely to be carcinogenic
to humans," or "suggestive evidence of carcinogenic potential," by
the United States Environmental Protection Agency, pesticides classified
as Toxicity Category II by the United States Environmental Agency,
or any pesticide classified as restricted use by the United States
Environmental Protection Agency or the New York State Department of
Environmental Conservation, or pesticides classified as Toxicity Category
III by the United States Environmental Protection Agency, shall be
applied on any property owned by the City of Albany. This prohibition
on applying pesticides shall apply to all City departments and entities,
contractors and subcontractors and entities leasing City property.
B.
Each City
department that has used pesticides during the past year shall at
least annually develop a plan for reducing pesticide use, substituting
for less toxic, nontoxic and nonchemical alternatives to pesticides.
In developing its plan, each department shall consult with persons
and organizations with expertise in pesticide use, reduction and substitution,
giving preference to nontoxic and nonchemical alternatives.
C.
On or before
January 1 of every year, each City department that has used any pesticide
during the previous year shall submit a plan to the City Clerk that
details how it will reduce pesticide use and substitute less toxic,
nontoxic and nonchemical alternatives to pesticides in the coming
year. The report shall specify any pesticide use thought to be necessary
in the coming year, and alternatives to its use, and the potential
for eliminating or reducing its use for substituting less toxic, nontoxic
and nonchemical means of pest control. The Pest Management Board,
in consultation with organizations with expertise in pesticides and
alternatives to pesticides, shall assist the departments in reducing
and, where feasible, eliminating pesticide use. The Board shall submit
these reports to the General Service, Health and Environment Committee
of the Common Council, the Chair of which shall be responsible for
making the reports available to members of the Common Council.
D.
Notice
to the public shall be provided of each application of pesticides
on City property by the posting of signs at the site for at least
a twenty-four-hour period prior to the application of pesticides and
a forty-eight-hour period after the application.
Notwithstanding any other provisions of this
chapter to the contrary, this chapter shall not apply to the following:
A.
Pesticides otherwise lawfully used for the purpose
of maintaining a safe drinking water supply at drinking water treatment
plants, wastewater treatment plants, reservoirs and related collection,
distribution and treatment facilities.
B.
Antimicrobial pesticides.
C.
Pesticides in contained baits for the purposes of
rodent and insect control.
E.
City-owned
property managed by a federal or state agency, or any city property
where pesticide use must be included as part of a property management
plan that is subject to federal or state approval.
A.
The Pest Management Board may grant a temporary waiver
of up to one year to allow the use of pesticides on City-owned property.
The determination of the waiver shall specify the property and the
purpose of the pesticides. The specific pesticides to be used may
be determined by the Pest Management Board.
B.
In the event that the Mayor determines that a threat
to human health or other threatening condition warrants the use of
pesticides that would otherwise not be allowed under this chapter,
the Mayor, in consultation with the Pest Management Board, shall determine
if such a waiver is warranted and may issue a waiver from the provisions
of this chapter based on the following criteria:
(1)
The
pest situation poses an immediate or imminent threat to human health
or that other threatening conditions exist; and
(2)
Viable
alternatives consistent with this chapter do not exist. In making
such determination, the Mayor shall outline the means for addressing
the underlying causes of the pest outbreak in order to prevent future
outbreaks.
C.
The Pest Management Board may grant a temporary waiver of up to one year to allow the use of pesticides by private pesticide application companies on articles placed on City-owned property in accordance with Subsection G of § 313-4 of the Code of the City of Albany in connection with the City's curbside waste collection program. The purpose of the waiver is to protect City employees from articles infested with bedbugs, other insects or rodents and to eliminate any public health or safety threat contained in the infested materials.
[Added 5-2-2016 by Ord.
No. 31.31.16]
