[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes 3-28-1985 by Ord. No. 207. Amendments
noted where applicable.]
The following words and terms, when used in
this chapter, shall have the following meanings:
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.
Any person who uses or supervises the use of any pesticide
for any purpose or on any property.
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.
Includes corporations, companies, associations, societies,
firms, partnerships, and joint-stock companies as well as individuals.
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.
