[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.]
GENERAL REFERENCES
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:
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.
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:
A.
The area by lot and block numbers, to be treated.
B.
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.
C.
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.
D.
The name, address and telephone number of the person making the application
for registration.
E.
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.
(1)
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
(2)
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.
