[HISTORY: Adopted by the Town Board of the
Town of Woodstock as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-30-1991 by L.L. No. 2-1991]
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 activities 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 municipal powers of
the Town pursuant to 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 pests.
The application or applications of pesticides 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, and 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 substance or mixture of substances intended
to prevent, destroy, repel or mitigate any insect, rodent, fungus,
weed or any other form of terrestrial or aquatic plant or animal life
or virus, bacteria or other microorganism intended to be prevented,
destroyed, repelled or mitigated (except viruses, bacteria or other
microorganisms on or in living man or other living animals).
Any substance or mixture of substances intended
for use as a plant regulator, defoliant or desiccant.
A.
Any individual, company or corporation engaged in
or sponsoring aerial pesticide spraying within the Town of Woodstock
shall submit a filing with the Town Clerk's office a minimum of 15
days prior to commencement of aerial spraying activities. It shall
be the responsibility of the sponsors who have contracted for aerial
spraying to inform their contractor of the filing requirements in
the Town of Woodstock.
B.
The filing shall include:
(1)
A list, by name and address, of all properties in
the Town that will be subject to aerial pesticide spraying;
(2)
A consent form signed by each participating property
owner consenting to the spraying;
(3)
The dates and times of the proposed aerial spraying;
(4)
The name or names of all active ingredients plus all
other ingredients required to be disclosed by state and federal regulations
which are to be utilized in the aerial spraying activity;
(5)
The names and addresses of the sponsor of the spraying;
(6)
The name and address of the certified applicator of
the pesticide;
(7)
The names and addresses of the owners of the aircraft
being utilized for the spraying;
(8)
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
(9)
The labels and Environmental Protection Agency (EPA)
facts sheets relating to the ingredients being utilized in the spraying
activities.
C.
Within 15 days of the submission of the completed
spraying filing, the Town Clerk shall issue an acknowledgement of
the filing. The acknowledgement shall include the following language:
"The sponsor assumes responsibility in connection with spraying activity
and has received a copy of Local Law No. 2-1991, titled 'Town of Woodstock
Aerial Spraying Law.'"
D.
Upon issuance of the acknowledgement, the Town Clerk
shall cause a notice of the dates and times of the aerial spraying
to be posted and published in the Town's official newspaper(s) and
shall issue a press release of the dates, times and location of the
aerial spraying.
E.
For the purposes of this article, an application shall
mean a single application of pesticide or pesticides on a property
or contiguous set of properties. Any subsequent application or application
to noncontiguous properties shall require a separate filing and filing
fee.
The sponsor of the aerial spraying shall cause
the affected property to be posted at least 24 hours before aerial
spraying occurs. Such posting shall consist of signs placed around
the property boundaries of sufficient number and of sufficient legibility
so as to be read from contiguous properties. The signs shall provide
information as to the date of the spraying, the materials to be sprayed
and the name and address of the applicator.
There shall be a filing fee as provided by the
fee schedule established and annually reviewed by the Town Board for
each act of aerial spraying proposed under the provisions of this
article.
A.
No aerial pesticide spraying is permitted of properties
located within the Town of Woodstock without the filing by the sponsor
pursuant to the regulations of this article.
B.
No aerial pesticide spraying is permitted of the property
of any property owner who has not consented to the aerial spraying
of his or her property.
A.
It shall be a violation of this article to engage in any activities prohibited by § 156-7 hereof. Each separate property affected by a violation of this article shall be considered a separate violation.
B.
It shall be a violation of this article to do any
spraying that is not in accordance with the applicable state and federal
requirements.
C.
For the purposes of this article, violators shall
include the owner, the sponsor who contracted for the spraying, the
certified applicator of the pesticide and the owner(s) of the aircraft
used in the application of the pesticide.
A.
Private action. Any person injured or damaged, or
who may be injured or damaged, by any violation of this article may
enforce the rights created herein through an action in New York State
Supreme Court or any other court of competent jurisdiction against
the sponsor, applicator and/or aircraft owner. These rights shall
extend to the Town of Woodstock or its designated representative.
B.
Government enforcement. A violation of the provisions
of this article or any provision thereof shall be deemed an offense
against such article and for the purposes of conferring jurisdiction
upon the courts and judicial officers such violation shall be deemed
a misdemeanor and for such purposes only all provisions of law relating
to misdemeanors shall apply to violations of this article. Upon conviction,
a violation of any of the provisions of this article shall be punishable
by fine of up to $5,000, payable to the Town of Woodstock. The Woodstock
police force shall be the agent of the Town authorized to enforce
this article.[1]
