HomeMy WebLinkAboutDocumentation_Regular_Tab 17_5/13/2021Agenda Item #17.
Regular Council
STAFF MEMO
Meeting: Regular Council - May 13 2021
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE 08-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. BY REVISING SECTION 78-399.
MAINTENANCE. SUBSECTION (d) PESTICIDE MANAGEMENT, TO PROVIDE FOR UPDATED
REFERENCE TO FLORIDA STATUTES GOVERNING SUCH PESTICIDE MANAGEMENT;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Per Council discussion at the last Workshop meeting, this proposed ordinance updates Village Code
regarding pesticide management by referencing the state law preemption of this issue.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
It is recommended that the Village Council approve this ordinance on First Reading.
Ordinance 08-21 - Pesticide Management
Page 431 of 496
Agenda Item #17.
ORDINANCE NO.08-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT
ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 4.
LANDSCAPING. BY REVISING SECTION 78-399. MAINTENANCE.
SUBSECTION (d) PESTICIDE MANAGEMENT, TO PROVIDE FOR
UPDATED REFERENCE TO FLORIDA STATUTES GOVERNING SUCH
PESTICIDE MANAGEMENT; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Environmental Advisory Committee of the Village of Tequesta met in
October 2020 and discussed the Village's existing Pesticide Management section within the
Village's Code; and
WHEREAS, the Environmental Advisory Committee of the Village of Tequesta
unanimously recommended the Village Code be updated to reference current state regulations
regarding pest control and pesticides; and
WHEREAS, the Village Council of the Village of Tequesta desires to update the Village
Code to refer to existing Florida Statutes, as amended from time to time, including the Village's
duty to assist with the enforcement of these State regulations; and
WHEREAS, the Village Council of the Village of Tequesta acknowledges that Florida
Statues Chapter 482 vests exclusive regulation of the activities and operations of pest control
services, including the pesticides used pursuant to labeling and registration approved under part 1
of chapter 487, to the State of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 4. Landscaping. by
revising Section 78-399. Maintenance. Subsection (d) Pesticide management, to provide for
updated reference to Florida Statutes governing Pesticide Management; providing that Section
78-399 shall hereafter read as follows:
Sec. 78-399. — Maintenance.
(d) Pesticide management.
Agenda Item #17.
inspectors and agents in the enforcement of applicable state law and associated rules adobted by
the Department of Agriculture and Consumer Services.
(2) All landscape applications of pesticides, including "weed and feed" products, for
hire should be made in 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.
(3) Property owners and managers are encouraged to use an Integrated Pest
Management Strategy as currently recommended by the OF/IFAS Extension publications.
(4) When using pesticides, all label instructions of state and federal law should be
r.
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Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.