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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_6/10/2021Agenda Item #9. Regular Council STAFF MEMO Meeting: Regular Council - Jun 10 2021 Staff Contact: Keith Davis, Village Attorney Department: Legal ORDINANCE 08-21, SECOND READING, AN ORDINANCE OF THE VILLAGE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. BY REVISING COUNCIL OF THE AT ARTICLE IX. 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 FORCEAND EFFECTAS 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. POTENTIAL MOTION- •REQUESTED: _1 It is recommended that the Village Council approve this ordinance on First Reading. ATTACHMENTS: M 'I Ordinance 08-21 - Pesticide Manaaement Page 116 of 485 Agenda Item #9. 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 #9. 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 adhered to. 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.