The URL can be used to link to this page

Home My WebLink AboutDocumentation_Environmental Advisory Committee_Tab 04_9/9/2020Agenda Item #4. Environmental Advisory Committee (EAC) STAFF MEMO Meeting: Environmental Advisory Committee (EAC) - Sep 09 2020 Staff Contact: Robert Shaw Department: Environmental Advisory Committee IMMV Discussion on Tequesta's Existing Pesticide Ordinance Gmail - Pesticide Ordinance Town Council Page 42 of 51 Agenda Item #4. Gmail - Pesticide Ordinance jam) Gmail Pesticide Ordinance Robert Shaw <vot.rshaw.eac@gmail.com> To: Thomas Bradford <vot.tbradford.eac@gmail.com> Cc: vot.rshaw.eac@gmail.com Tom, Thomas Bradford <vot.tbradford.eac@gmail.com> Tue, Sep 1, 2020 at 4:42 PM Here is backup for EAC discussion of review of Tequesta's existing Pesticide Ordinance Tequesta's Current Pesticide Ordinance;, Under Chapter 78 Zoning, Article IX Supplemental Regulations, Div. 4 Landscaping, Sec. 78-399 Maintenance, Part D Pesticide management. All landscape applications of pesticides, including "weed and feed" products, for hire should be made in (1) accordance with state and federal law and with the most current version of the Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries, as amended. Property owners and managers are encouraged to use an Integrated Pest Management Strategy as (2) currently recommended by the OF/IFAS Extension publications. When using pesticides, all label instructions of state and federal law should be adhered to. The Florida (3) Department of Agriculture and Consumer Services is responsible for enforcement of pesticide laws. (Ord. No. 39-13, § 1, 2-13-14; Ord. No. 30-19, § 2, 1-9-2020) FLORIDA'S PESTICIDE & PEST CONTROL STATUTES AND REGULATING / LICENSING AGENCY The Florida Department of Agriculture and Consumer Services (FDACS) regulates and licenses the pest control industry under the authority of the Structural Pest Control Act, Chapter 482, Florida Statutes - http://www.leg.state.fl.us/ statutes/index.cfm?App_mode=Display_Statute&U RL=0400-0499/0482/0482. html Here are some key passages; � 9el 43 of q1 https://mail.google.com/mail/u/1?ik=14c95ba8d4&view=pt&search=all&permmsgid=msg-f%3A1676665611262244199&simpl=msg-f%3A1676665611 6 4 99&... 1 9/1/2020 4 Gail - Pesticide Ordinance Age,Aga r efinitions. "Category" means a distinct branch or phase of pest control for which a pest control operator's certificate may be issued such as: fumigation, general household pest control, termites and other wood -destroying organisms pest control, lawn and ornamental pest control, and such a combination or division of such branches of pest control as the department may by rule establish. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights -of -way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02. 482.032 Enforcement. (1) The department is empowered to enforce this chapter. (2) It is the duty of every state attorney., sheriff,_police officer, and other appropriate county - or municipal officer to enforce, or to assist any duly authorized inspector or other agent of the department in the enforcement of, this chapter and the rules adopted by the department under the provisions of this chapter. 482.051 Rules. (2) That vehicles and trailers used in pest control be permanently marked with the licensee's name that is registered with the department. However, vehicles that are used to perform only sales and solicitation may have temporary or removable markers. 482.071 Licenses. (1) The department may issue licenses to qualified businesses to engage in the business of pest control in this state. It is unlawful for any person to operate a pest control business that is not licensed by the department. (e) The department may not issue or renew a license to engage in the pest control business unless the applicant's pest control activities are under a certified operator or operators in charge who are certified in the categories of the licensee. 482.091 Employee identification cards. � 44 51 httpsalmaiLgoogle.comlmail/oll:�ik-14c956a$d4&view-pt&search=all&permmsgid=msi;-f�/o3A16766656112622441998zsimpl-msg-f%a3AL6766656ll 6 4 99&..of. 2 Agenda Item #4. Gail -Pesticide Ordinance (1)(a) Each employee who performs pest control for a licensee must have an identification card. (2)(a) An identification cardholder must be an employee of the licensee and work under the direction and supervision of the licensee's certified operator in charge...... 482.111 Pest control operator's certificate.- 1. (1) The department shall issue a pest control operator's certificate to each individual who qualifies under this chapter. Before issuance of an original certificate, an individual must complete an application for examination, pay the examination fee required under s. 482.141, and pass the examination. Before engaging in pest control work, each certified operator must be certified as provided in this section. (2)(a) The department shall issue pest control operator's certificates in several categories, including fumigation, general household pest control, lawn and ornamental pest control, and termites and other wood -destroying organisms pest control. 482.165 Unlicensed practice of pest control; cease and desist order; injunction; civil suit and penalty. (1) It is unlawful for a person, partnership, firm, corporation, or other business entity not licensed by the department to practice pest control. (2) If the department has probable cause to believe that a person, partnership, firm, corporation, or other business entity not licensed by the department to practice pest control has violated any provision of this chapter, the department shall issue and deliver to that person, partnership, firm, corporation, or other business entity a notice to cease and desist from such violation. For the purpose of enforcing a cease and desist order, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person, partnership, firm, corporation, or other business entity that violates any provision of the order. 482.211 Exemptions. —This chapter does not apply to: (1) Pest control, except for fumigation, performed by a person upon her or his own individual residential property. �e 45 ;1 httpsalmaiLgoogle.comlmail/o!1`?ik-14c956a$d4&view-pt&search=all&permmsl;id=ms�*-f�/o3A16766656112622441998zsimpl-msg-f%a3AL6766656ll 6 4 99&..of. 3 Agenda Item #4. Gmail - Pesticide Ordinance Here is more info. from FDACS website on PEST CONTROL LICENSING AND CERTIFICATION. This applies to Residential Lawn & Ornamental Pest Control - https://www.fdacs.gov/Business-Services/Pest-Control/Licensing-and-Certification. Here's a couple of key points and directives from FDACS; 1. If you have a complaint about pesticide use related to structural pest control, lawn care, mosquito control, aquatic weed control or agricultural applications, please contact FDACS at (850) 617-7996 2. Can lawn maintenance companies make pesticide applications on my property? No, lawn maintenance companies cannot make pesticide applications to turf areas of your property. Presently, lawn maintenance companies are restricted to making ONLY fertilizer applications within turf areas. They cannot make "weed-n- feed" applications or use granular fertilizers with pesticides incorporated within them. Lawn maintenance companies can cut, mow, edge, use blowers and physically pull weeds anywhere within your turf or plant bed areas. Then there is FLORIDA's PESTICIDE LAW- Chapter 487, Florida Statutes - http://www.leg.state.fl.us/statutes/index.cfm?App_mode= Display_Statute&U RL=0400-0499/0487/0487. html . FL Laws, Statutes and Guidance from FDACS on Pesticide Application on GOLF COURSES and other non-residential applications, see the following; 1. - FLORIDA'S ADMINISTRATIVE CODE, RULE 5E-9, LICENSED PESTICIDE APPLICATORS AND DEALERS - https://www.firules.org/ � Q 46051 https://mail.google.com/mail/u/1?ik=14c95ba8d4&view=pt&search=all&permmsgid=msg-f%3A16766656ll262244199&simpl=msg-f%3A1676665611 6 4 99&... 4 5 Agenda Ite #4. Gail -Pesticide Ordinancegateway( hapterHome.asp?Chapter=5E-9 2. Dept. of Agriculture and Consumer Services (FDACS) PESTICIDE APPLICATOR LICENSES. This is Not for Residential Applications but includes licenses for Golf Course Turf Maintenance - https://www.fdacs.gov/Business-Services/Pesticide- LicensinglPesticide-Applicator-Licenses Robert Shaw Vice -Chair Environmental Advisory Committee Village of Tequesta � i 47 0 51 httpsalmaiLgoogle.comlmailloll`?ik-14c956a$d4&view-pt&search=all&permmsl;id=msi;-f�/o3A16766656112622441998zsimpl-msg-f%a3AL6766656ll 6 4 99&... 5 Agenda Item #4. Town Council, After reviewing the Remembrance Park Concept Sketch developed by Chris Wayne and Assoc., I have a few comments. First and foremost, I would hope that the Village takes this opportunity to establish a peaceful natural refuge for both residents as well as birds, butterflies and pollinators. This park could be the home to a variety of native trees and shrubs that would dramatically reduce irrigation needs compared with conventional turf grass landscaping. Once these plantings are established, the Village would save on water consumption year after year. Further, the use of pesticides and herbicides could be dramatically reduced. Since turf grass sprayed with pesticides creates biological deserts, avoiding this ecological disaster should be a priority. The Village should strive to re-establish habitats that are destroyed with a turf grass monoculture dependent on chemicals designed to kill and a danger to the environment. I could foresee a meandering path (not paved) thru a variety of landscape themed areas of the park. Canopies of shade provided by Oak, Gumbo Limbo, and other natives, with the understory filled with a variety of native shrubs and plantings. A few benches could be installed throughout. While a more Eco-Florida-Friendly design might be a bit more involved to create, it will save on water and maintenance costs for many years. I believe with a design such as this, the Village could create a peaceful haven worthy of the name Remembrance Park. Robert Shaw 198 Golfview Drive Tequesta Robert Show Vice -Choir Environmental Advisory Committee Village of Tequesto Page 48 of 51