Town of Bethlehem, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Bethlehem 10-14-1998 by L.L. No. 11-1998. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ANTIMICROBIAL PESTICIDE
A pesticide as defined by 7 U.S.C. § 136(mm).
PEST
Any insect, rodent, fungus, weed, virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living persons or other living animals) that the Commissioner of the New York State Department of Environmental Conservation declares to be a pest.
PESTICIDE
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 registered as such by the United States Environmental Protection Agency and/or the New York State Department of Environmental Conservation, and all such products for which experimental use permits and provisional registrations have been granted by the United States Environmental Protection Agency and/or the New York State Department of Environmental Conservation.
POISONOUS PLANTS
Poison ivy, oak, or sumac or plants of a similar nature.
[Added 5-23-2007 by L.L. No. 5-2007]
SYNTHETIC CONTROL
A chemically based substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, or weeds, or any other form of life declared to be pests, and those substances intended for use as a plant growth regulator, defoliant, or desiccant. Pesticides are regulated and labeled for use by the US Environmental Protection Agency, under the mandate of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), enacted in 1947, and amended several times since then.
[Added 5-23-2007 by L.L. No. 5-2007]
[Added 5-23-2007 by L.L. No. 5-2007]
A. 
Those found in soil which generally feed on turfgrass roots, and include white grubs, mole crickets, wire worms, bill bugs, black turfgrass ataenius, and ground pearls.
B. 
Thatch-inhabiting insects which include chinch bugs, sod webworms, cut worms, and armyworms.
C. 
Leaf-inhabiting insects, which include aphids, mites, and scales. Furthermore, ornamental leaf and stem pests include Japanese beetles, leaf beetles, root weevils, borers, bark beetles, tent caterpillars, webworms, bag
THRESHOLD LEVEL
A condition measured in time that will allow the Town Supervisor to authorize the use of synthetic control.
[Added 5-23-2007 by L.L. No. 5-2007]
[Added 5-23-2007 by L.L. No. 5-2007]
A. 
Perennial broadleaf weeds (ex., white clover and dandelions): plants that set seeds for two or more seasons.
B. 
Annual grassy weeds (ex., crabgrass and goosegrass): plants that germinate, grow, flower, set seeds, and die in one year.
Notwithstanding any other provisions, this chapter shall not apply to the following:
A. 
Pesticides 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. 
Pesticides used for the treatment of swimming pool water.
C. 
Antimicrobial pesticides.
D. 
Pesticides in contained baits for the purpose of rodent control.
E. 
Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR 152.25.
F. 
Pesticides used for the purposes of maintaining any golf course owned, leased, or operated by the Town.
[Added 5-23-2007 by L.L. No. 5-2007]
The Town of Bethlehem hereby establishes a Pest Management Committee with the power to recommend least-toxic pest control substances or procedures for the period prior to January 1, 2000, for pest control on property owned, operated or maintained by the Town of Bethlehem and to recommend nonchemical pest control substances or procedures for the period after January 1, 2000, on property owned, operated or maintained by the Town of Bethlehem. Said Committee shall be made up of the Town Supervisor; a Town Board member; one person from each of the following Town Departments: Parks and Recreation, Highway and Public Works; one resident designated by the Town Supervisor to represent the environmental interests of the general public, and one person designated by the Town Supervisor who is capable of providing technical assistance on nonchemical alternatives for pest control.
[Amended 5-23-2007 by L.L. No. 5-2007]
A. 
Effective immediately, no Town department or any contractor or subcontractor for pest control purposes shall apply on property owned, operated or maintained by the Town of Bethlehem any pesticide classified as Toxicity Category I by the United States Environmental Protection Agency or any pesticide classified as a known, likely or probable human carcinogen by the United States Environmental Protection Agency, except as provided for in § 87-5, 87-6 or 87-7 of this chapter.
B. 
Effective January 1, 1999, no Town department, or any contractor or subcontractor employed by the Town, shall apply on any property owned, operated or maintained by the Town any pesticide classified as Toxicity Category II by the United States Environmental Protection Agency, any pesticide classified as a possible human carcinogen by the United States Environmental Protection Agency or any pesticide classified as restricted use by the United States Environmental Protection Agency or the New York State Department of Environmental Conservation, except as provided for in § 87-5, 87-6 or 87-7 of this chapter.
C. 
Effective January 1, 2000, no Town department, or any contractor or subcontractor employed by the Town, shall apply any pesticide on any property owned, operated or maintained by the Town, except as provided for in § 87-5, 87-6 or 87-7 of this chapter.
Should the Town Supervisor, upon consultation with the Pest Management Committee to the extent practicable, determine that a human health or safety emergency warrants the use of a pesticide that would otherwise not be allowed under this chapter, the Town Supervisor shall have the authority to issue an exception based on the following criteria:
A. 
The pest infestation poses an immediate threat to human health or safety.
B. 
Viable effective alternatives consistent with this chapter do not exist.
C. 
Any pesticide used of all available choices must have the least acute and chronic toxic effect on human health or safety.
D. 
Underlying causes of the pest infestation are addressed in order to prevent future outbreaks.
[Amended 5-23-2007 by L.L. No. 5-2007]
Should the Administrator of Parks and Recreation determine that an infestation of stinging insects warrants the use of a pesticide that would otherwise not be allowed under this chapter, the Administrator shall have the authority, in consultation with the Town Supervisor, to use such pesticide if the following criteria are met:
A. 
The pest infestation poses an immediate threat to human health or safety.
B. 
Viable effective alternatives consistent with this chapter do not exist.
C. 
Any pesticide used of all available choices must have the least acute and chronic toxic effect on human health or safety.
D. 
Underlying causes of the pest infestation are addressed in order to prevent future outbreaks.
[Added 5-23-2007 by L.L. No. 5-2007[1]]
A. 
Should the Town Supervisor, upon consultation with the Administrator of Parks and Recreation and the Pesticide Committee, and based upon a report from the Administrator of Parks and Recreation, determine that an infestation has occurred at a threshold level set forth below, the Town Supervisor shall have the authority to permit Category III or Category IV synthetic controls:
(1) 
For weeds adapted to lawns and poisonous plants: Measuring an area of turf 10 feet by 10 feet (100 square feet) and yielding more than six noxious weed types may require synthetic control.
(2) 
For target insects: Areas shall be monitored prior to any control methods applied.
(a) 
Measuring a square of turf one foot by one foot and observing more than eight grubs will require treatment.
(b) 
Similarly more than 15 chinch bugs per square foot may require synthetic control.
(c) 
Other insects shall be evaluated on a case-by-case basis and monitored prior to any synthetic controls.
B. 
Notwithstanding anything to the contrary set forth hereinabove, prior to the application of synthetic control, applied in accordance with a time schedule that minimizes human exposure to the maximum degree practicable, the Town shall attempt to use nonsynthetic controls, including but not limited to:
(1) 
Overseeding, fertilizing and irrigation as available; or
(2) 
Removing stressed and/or diseased plants from the landscape to discourage infestation; or
(3) 
When planting new areas, utilize plant species not preferred by prevalent insects; or
(4) 
Encouraging natural predators when possible; or
(5) 
Alleviating compaction, dry and wet soil conditions; or
(6) 
Using landscape fabric or organic mulch layer; if practicable.
[1]
Editor's Note: This local law also redesignated former §§ 87-7, 87-8 and 87-9 as §§ 87-8, 87-9 and 87-10, respectively.
A. 
Should pesticides or synthetic control be used pursuant to § 87-5 or § 87-7 of this chapter, the entity engaged in such application shall conspicuously post at the site of application and, to the extent practicable in advance of the actual application, publish or communicate through local mass media such as newspapers, Internet, television or radio the following information:
[Amended 5-23-2007 by L.L. No. 5-2007]
(1) 
Date of posting.
(2) 
Organism targeted.
(3) 
Specific location, date, and approximate time of application.
(4) 
Method of application.
(5) 
Trade name and the active ingredient of the pesticide used.
(6) 
Copy of the label.
(7) 
Name and telephone number of the person responsible for the application.
(8) 
Poison control telephone number.
B. 
Should pesticides be used pursuant to § 87-6 of this chapter, the Administrator shall conspicuously post for 48 hours at the immediate area of application the following information:
(1) 
Organism targeted.
(2) 
Date and time of application.
(3) 
Trade name and active ingredient of pesticide used.
Any plans for new construction or remodeling of buildings owned, operated or maintained by the Town of Bethlehem, any plans for designing or redesigning public parks and recreational areas owned, operated or maintained by the Town of Bethlehem and any plans for landscaping on property owned, operated or maintained by the Town of Bethlehem shall contain provisions for the prevention of pest problems by means such as appropriate structural design, pest-resistant vegetation and pest control maintenance and planting practices.
The Town Clerk of the Town of Bethlehem is directed to forward certified copies of this chapter to the appropriate Town officials.