[HISTORY: Adopted by the Township Committee of the Township of Winslow: Art. 1, 5-20-87 as Ord. No. 0-19-87. Amendments noted where applicable.]
Weed control — See Ch. 288.
[Adopted 5-20-87 as Ord. No. 0-19-87]
For the purposes of the application and enforcement of this Article the following words and phrases shall be defined as indicated:
- AGRICULTURAL COMMODITY
- Any plant or part thereof or animal or animal product produced by a person including farmers, rangers, vineyardists, plant propagators. Christmas-tree growers, aquaculturists, floriculturists, orchardists, foresters or other comparable persons, primarily for sale, consumption, propagation or other use by man or animal.
- NONAGRICULTURAL USE
- Use of a property, which property has not been assessed as farmland by the Township Tax Assessor and/or is used for purposes other than the production of an agricultural commodity.
- Includes corporations, companies, associations, societies, firms and partnerships, as well as individuals.
- Any insect, rodent, nematode. fungus or weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other animals) which is injurious to health or the environment.
- 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 Environmental Protection Agency does not consider to be a "pesticide."
- Poisonous or capable of causing acute or chronic injury to living organisms.
[Amended 2-22-89 by Ord. No. 0-3-89]
Any person engaged in aerial application of pesticides over lands located in Winslow Township must register with the Winslow Township Clerk or his designee at least seven (7) days before the anticipated date of spraying operations. Such registration shall include accurate information regarding:
The area by lot and block numbers, to be treated.
The identity of the pilot of the aircraft, with copies of the pilot's current New Jersey Department of Environmental Protection Certified Pesticide Applicator Registration, and a Pesticide Applicator Business Registration, if applicable.
The dates and times when the spraying is to take place and a list of alternate dates and times in the event of unfavorable weather conditions or other delays.
The name, address and telephone number of the person making the application for registration.
Unless such information appears on the document copies required by Subsection B above, the applicant shall also furnish the name and address of the insurance carrier insuring the aircraft and the policy number of a public liability and property damage insurance policy covering personal injury and property damage resulting from the spraying and operation of the aircraft. Said coverage shall meet or exceed the standards set forth below. This requirement may be waived if the applicant has made a good faith effort to secure such insurance coverage but the coverage was not available.
Liability insurance coverage with a three hundred thousand ($300,000.) combined single limit of liability for bodily injury and property damage, including completed operations; and
As part of the coverage required in paragraph (1), above, an endorsement for Pesticide or Herbicide Applicator Coverage is required. This endorsement shall be the Insurance Services Office standard endorsement GL 04 09 or equivalent.
[Amended 2-22-89 by Ord. No. 0-3-89]
The treatment of crops which are an agricultural commodity shall be exempt from registration requirements of this article.
All aerial spraying operations must conform to existing federal and state regulations.
No pesticides or chemicals shall be utilized which are otherwise prohibited by state or federal law.
The provisions of this Article shall not apply to county, state or federal agencies.
Any person violating the provisions of this Article, including but not limited to the registration requirements, and any person assisting or participating in an aircraft spraying operation resulting in the violation of this Article shall be subject to a fine of not more than five hundred dollars ($500.) or imprisonment in the county jail for not more than ninety (90) days, or both.