Chapter 11.16
PEST CONTROL
Sections:
11.16.030 Pest Management Committee.
11.16.050 Posting and proposed use.
11.16.060 Notice of pesticide application.
11.16.090 Violations – Penalties.
11.16.010 Purpose.
In consideration of the potential hazards involved in the use of chemical pesticides, the City deems it prudent to employ pest control strategies which are the least hazardous to human health and the environment, and adopt an integrated pest management program which places first priority on the prevention of pest problems, and uses chemical pesticides as a last resort only. [Ord. 997 § 1, 1983.]
11.16.020 Definitions.
For the purpose of this chapter, the term “pesticide” means any substance to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any and all insects, fungi, bacteria, weeds, rodents, or predatory animals or any other form of plant or animal life which is a pest, which may infest or be detrimental to vegetation, man, animals, or households, or be present in any environment whatsoever; includes fungicides, herbicides, insecticides, nematicides, rodenticides, dessicants, defoliants, plant growth regulators, etc. [Ord. 997 § 1, 1983.]
11.16.030 Pest Management Committee.
A. A Pest Management Committee shall be appointed by the City Council to develop and implement pest management policies, rules and regulations.
B. The Pest Management Committee shall consist of five residents of the City, one of whom shall be a member of the Sausalito Parks and Recreation Commission, appointed by the City Council for staggered terms of two years, with one member of the City Council acting as advisor and liaison to the Committee.
C. Annually, the Pest Management Committee shall prepare and submit to the City Council a proposed budget to be reviewed by the City Council in the normal budget process.
D. The responsibilities of the Pest Management Committee shall be established by resolutions adopted from time to time by the City Council, and may be augmented by amendment to those resolutions. [Ord. 1041 § 1, 1988; Ord. 997 § 1, 1983.]
11.16.040 Requirements.
The following regulations shall control the use of pesticides by City officers and employees and by persons under contract to the City:
A. Chemical pesticides shall be purchased and used by the City only where feasible alternatives are not available, under regulations agreed upon jointly by the Pest Management Committee and appropriate City staff. Any chemical pesticide used must have the least acute and chronic toxic effects of possible choices available.
B. All City officers and employees engaged in the application of chemical pesticides shall be trained and certified in conformity with County, State, and Federal regulations; competent supervision shall be provided by the head of the acting department; and all necessary safety equipment shall be used.
C. In all plans for designing or redesigning public parks, landscaping, and buildings, there shall be provision for the prevention of pest problems by means such as the use of pest-resistant vegetation, maintenance and planting practices, and appropriate structural design.
D. This chapter shall apply to all pest control activities on City property, whether by City employees, persons under contract to the City, by private citizens, by businesses, or by governmental agencies. [Ord. 997 § 1, 1983.]
11.16.050 Posting and proposed use.
A. Pesticide application by the City, or by persons or businesses under contract with the City, shall comply with the public notice requirements set forth in SMC 11.16.060.
B. The Department of Public Works shall notify the public at least 48 hours prior to discharging or causing to be discharged any pesticide on public or private property.
C. Warning notices must be visibly posted along all streets or areas to be treated, at the approximate frequency of one notice per lot or at all public accesses to the planned treatment area.
D. The Pest Management Committee, in conference with City staff, may make a few specific exemptions for limited, localized applications of small amounts of the least toxic chemical pesticides. [Ord. 997 § 1, 1983.]
11.16.060 Notice of pesticide application.
The Department of Public Works and the Pest Management Committee shall prepare a notice of pesticide application, copies of which are to be completed and posted at least 48 hours prior to pesticide application as specified in SMC 11.16.050.
The warning notice shall consist of a standard eight and one-half inch by 11-inch international orange form. Such notices shall include:
A. Date of posting;
B. Address, date, approximate time, pest to be controlled, method of application, and specific sites to be treated;
C. Common and trade names of the pesticide;
D. Acute and chronic toxicity of the pesticide, duration of toxicity, and appropriate warnings;
E. Name and telephone number of person responsible for the application;
F. Issued by the Department of Public Works and the Pest Management Committee.
Such notices shall remain in place for the duration of the acute toxicity of the pesticide and removed within five days thereafter. [Ord. 997 § 1, 1983.]
11.16.070 Recordkeeping.
Detailed records shall be kept by the Department of Public Works for a period of at least three years on all pest control problems. [Ord. 997 § 1, 1983.]
11.16.080 Appeals.
Appeals, complaints and recommendations regarding pests, pest control measures and the application of pesticides shall be addressed to the Pest Management Committee which shall reach a decision as soon as possible in case of emergency, and in any case within 15 days. Decisions of the Pest Management Committee may be appealed in writing to the City Council within 15 days of the Pest Management Committee decision. The City Council shall consider and determine the matter at a regular Council meeting, unless a special meeting is required for immediate action. [Ord. 997 § 1, 1983.]
11.16.090 Violations – Penalties.
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof shall be subject to a fine of not more than $100.00. [Ord. 997 § 1, 1983.]