[HISTORY: Adopted by the Borough Council of the Borough of Medford Lakes 3-28-1985 by Ord. No. 207. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 112.
Fertilizer application — See Ch. 114.
The following words and terms, when used in this chapter, shall have the following meanings:
ADJACENT AND CONTIGUOUS
Property directly bordering on the property to be sprayed and property that would border the sprayed property were it not for the existence of public thoroughfares.
COMMERCIAL PESTICIDE APPLICATOR
Any person who uses or supervises the use of any pesticide for any purpose or on any property.
HOMEOWNER or TENANT
Any person who hires a commercial pesticide applicator business to perform a pesticide application utilizing hydraulic spraying equipment operating at a rate greater than 300 psi and 10 gpm on property owned or controlled by him.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships, and joint-stock companies as well as individuals.
PESTICIDE
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 EPA does not consider to be a pesticide.
A. 
Any commercial pesticide applicator of pesticides hired by a homeowner or tenant of property in the Borough of Medford Lakes, utilizing hydraulic spraying equipment operating at a rate greater than 300 psi and 10 gpm, must be licensed by the New Jersey Bureau of Pesticide Control and must obtain a permit for spraying in the Borough of Medford Lakes from the Borough Manager. This permit shall be obtained at least two days prior to any intended spraying of pesticides and shall expire December 31 of that year.
B. 
Registration fee. A nonrefundable permit fee shall accompany each application in accordance with the Borough's fee schedule as modified from time to time.
[Added 2-24-2010 by Ord. No. 571]
The Borough Manager will maintain a register of all permittees. The permit application form shall provide for the name, address and telephone number of the commercial pesticide applicator, his applicator business registration number as issued by the New Jersey Bureau of Pesticide Control, and a statement of the list of pesticides intended to be used during the spray season, together with their EPA registration numbers.
The homeowner or tenant shall notify by personal notice or first-class mail all property occupants adjacent and contiguous to the intended spray site at least 24 hours but not more than three days before each application, of their intention to spray pesticides pursuant to this chapter. Notification is to include the purpose for spraying; the pesticide to be used; the name, address and telephone number of the commercial pesticide applicator, and the proposed spray date. The homeowner or tenant may delegate this responsibility of notification to the commercial pesticide applicator.
Immediately prior to the commencement of spraying, the homeowner or tenant, or the commercial pesticide applicator, if the responsibility of notification is so delegated pursuant to § 175-4 hereof, shall attempt to personally notify all occupants adjacent and contiguous to the intended spray site that spraying is about to commence, such that said occupants will have reasonable time within which to take such precautions as they may deem appropriate.
Permittees hereunder are required to carry upon their person for identification purposes, their commercial pesticide applicator or commercial pesticide operator registration, as issued by the New Jersey Bureau of Pesticide Control. Such registration shall be made available upon request by the enforcing authority.
Application of pesticides using conventional high-gallonage sprays or airblast equipment shall be permitted only by licensees who are licensed by the New Jersey Bureau of Pesticide Control. Application of sprays shall be in conformance with New Jersey Pesticide Control Regulations, as promulgated pursuant to the New Jersey Pesticide Control Act, as amended.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.