ORD 2003-15 PEST PREVENTION AND MANAGEMENT Ordinance Number 2003-15
AN ORDINANCE of the City of Bainbridge Island, Washington,
establishing policy, procedures and practices for employees of the
City relating to pest prevention and management, pesticide use and
the use of CCA Treated Wood Products; adding a new Chapter
16.30 to the Bainbridge Island Municipal Code.
WHEREAS, the City has traditionally approached pest management problems using
Integrated Pest Management concepts; and
VOtEREAS, the City has determined that the use of dangerous pesticides is hazardous to
the health of the citizens and the environment; and
WHEREAS, the City wishes to maintain a healthy environment for its current citizens,
wildlife, and future generations; and
WHEREAS, the City has determined that the provisions contained in this ordinance will
ensure that no high hazard pesticides will be used by City employees in or on City property, now,
therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1: A new Chapter 16.30 is added to the Bainbridge Island Municipal Code as
follows:
Chapter 16.30
PEST MANAGEMENT AND PESTICIDE USE
16.30.010 Purpose
16.30.020 Definitions
16.30.030 Pest Prevention and Removal
16.30.040 Emergency Procedures
16.30.050 Training, Education, and Implementation
16.30.060 Public Notification
16.30.070 Record Keeping
16.30.080 Yearly Report
16.30.010 Purpose.
A. The City promotes environmentally sensitive building and landscape pest
and vegetation management that preserves the City's building and landscape
assets and protects the health and safety of the public and City employees. The
City policy is to eliminate the use of pesticides on its property.
B. The City shall use the prevention of pest problems as its primary tool for
landscaping, building maintenance and other pest management issues on City
Ordinance No. 2003-15, 3fa. Reading
May 14, 2003
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property. When pest problems occur, mechanical or biological methods shall be
the preferred control methods. Least toxic pesticides shall be used only as a last
resort when other options have been proven ineffective.
C. Since inception of the City to its current status as an island-wide entity, the
City staff has reduced the amount and toxicity of the pesticides used in building
maintenance and landscape management to a very minimal amount. It is the
City's practice to. continue to look for ways to reduce the toxicity and amount of
hazardous materials used in all City operations, including pesticide usage in
building management and landscape maintenance.
D. The listing of Puget Sound Chinook salmon under the Endangered Species
Act has heightened awareness of the impact that common practices have on the
environment. Recent studies documenting the presence of pesticides in area
streams and effects of pesticides on salmon point to the need for public agencies
to serve as models of environmental stewardship in landscape management.
16.30.020 Definitions. As used in this chapter, the following terms have the
following meanings:
A. Pesticide means any substance registered as a pesticide by the Washington
State Department of Agriculture, including herbicides, insecticides, rodenticides
and fungicides.
B. High hazard pesticide means any pesticide that does not meet the least
toxic pesticide criteria in this chapter.
16.30.030 Pest prevention and removal.
A. Prevention Techniques. Generally, all pest management techniques must
avoid disrupting natural pest controls present and aim to suppress the pest
population, not eliminate it. In many cases, a portion of the pest population must
remain to sustain natural enemies. The City's first preference and most actively
pursued method of pest and vegetation management on City propertyshall be the
use of prevention techniques. Pest prevention techniques encourage the desired
plants, animals, and other organisms and discourage unwanted ones. Prevention
techniques and least-toxic pest controls include:
1. Design and construction of indoor and outdoor areas to reduce the
potential for pest habitats.
2. Good planting techniques, mulching, composting, irrigating,
fertilizing, and use of native and pest-resistant plant species to avoid
conditions where insects, undesirable plant species, disease and pests can
develop into problem conditions.
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May 14, 2003
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3. Mechanical pest control techniques like hand pulling weeds, string
trimming, flaming weeding (where practical and allowed), mowing,
aeration and thatching, vacuum removal and hot water.
4. Increasing pest tolerance thresholds.
City staff shall continue to conduct and review research into alternative pest
control methods to evaluate their effectiveness and potential for use on a City-
wide scale.
B. Mechanical, Physical, and Other Alternative Pest Control Methods. To
evaluate and address existing pest problems or problems that may develop on City
property in spite of prevention techniques, all City departments shall follow the
approach outlined below:
1. Monitor sites for optimal health and sanitation conditions.
2. Monitor populations of potential pests and their natural enemies to
determine if and when control is needed.
3. Establish threshold levels of pests below which the population
does not require control.
4. Use physical, mechanical, biological, and other alternative
methods to keep pest numbers low enough to prevent intolerable damage
or annoyance.
C. Use of Pesticide Products.
1. The City Council shall adopt by resolution a Least Toxic Products
list for use by City staff.
2. Within six months after the effective date of this chapter, the City
shall end all use of pesticides on City property or in City operations, with
the exception of those on the Least-Toxic Products list adopted by
resolution. The City Council may periodically review the Least Toxic
Products list and, after receiving public comment, add products to that list
that meet the criteria for LeastToxic Pesticides in this chapter or delete
products if new information becomes available indicating that the products
do not meet those criteria. After the effective date of this chapter:
a. No routinely scheduled (i.e. monthly or weekly) pesticide
applications shall be made by the City.
b. No pesticides shall be applied by the City within at least
100 feet (ground applications) and 200 feet (aerial applications) of
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May 14, 2003
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a lake, stream, wetland, or groundwater recharge area; provided,
that applications within 100 feet of a storm drain may be made in
dry weather.
c. Insecticides containing least toxic products shall be used by
the City only in containerized baits, or for spot treatments targeted
to insect nests or problem areas where a minimal amount of
material will be used.
D. Least Toxic Pesticide Criteria. Least toxic pesticides must meet all of the
following criteria (all ingredients should be identified so that they can be screened
using these tests):
1. Product contains no possible, probable, or known carcinogens:
a. Not classified as a known, likely, probable or possible
carcinogen by the U.S. EPA;
b. Not classified as a known, likely, probable, or possible
carcinogen by the Intemational Agency for Research on Cancer
(IARC); and
c. Not listed by the State of California (Prop 65 list) or the
National Toxicology Program as known or reasonably anticipated
to be human carcinogen.
2. Product contains no reproductive toxicants (CA Prop 65 list).
3. Product contains no ingredients listed by Illinois EPA as known,
probable, or suspect endocrine disruptors.
4. Active ingredient has soil half-life of 30 days or less (exception for
minerals).
5. Active ingredient has extremely low or very low mobility in soils.
6. Product is not hazardous to fish or wildlife:
a. Not labeled as toxic to fish, birds, bees, wildlife, or
domestic animals;
b. Not found in U.S. EPA Office of Pesticide Programs
Reregistration Eligibility Decisions (REDs, IREDs, and TREDs)to
exceed a level of concern for fish, aquatic insects, aquatic and
semi-aquatic plants, or wildlife; and
c. Product has not been detected in salmon waters at a level
harmful to aquatic life.
7. Product is not acutely toxic to humans: product is not labeled as
DANGER or POISON (Toxicity Class I or II).
8. Product contains no nervous system toxicants (ingredients that are
cholinesterase inhibitors and/or are listed as neurotoxic by the Toxics
Release Inventory).
9. Pesticide is not a restricted use pesticide.
E. Use of Chromated Copper Arsenate Treated Wood Products. The City
and its contractors shall not purchase wood products treated with Chromated
Ordinance No. 2003-15, 3~d. Reading
May 14, 2003
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Copper Arsenate (CCA) preservatives for use by the City or for performance of
work on City-owned property.
16.310.040 Emergency procedures.
The ~City Council may authorize the use of high hazard pesticide on City property
or in City operations when the Director of Public Works has determined that an
emergency situation exists where there is a serious threat to public safety, health,
or the environment, and that the proposed use is a last resort after less toxic
remedies have been tried without satisfactory result. Prior to the authorization the
DireCtor of Public Works shall review in writing the following with the City
CoUncil:
A. The nature of the problem, the reason for the declared emergency, and the
need~ to use a high hazard pesticide.
B. Information received after consulting with toxicologists in agencies such
as the Washington. State Department of Health, the Washington State Department
of ECology and the university extension services to determine the least toxic and
least persistent pesticide currently available to address the problem, and to
ascertain the currently designated level of toxicity and level of persistence of the
propbsed pesticide.
C. Description of the specific high hazard pesticide, persistence in the
environment (length of soil half-life), currently designated toxicity levels, and all
knovOn potential risks with regard to public health and safety, and/or to the
environment.
D. Proposed date and method of application, notification and posting
provisions, and specific steps that will be taken to minimize risks to human health
and the environment.
E. An evaluation of all feasible alternatives including non-chemical and no
action alternatives.
F. Any legal requirements that are applicable.
The City Council shall approve or deny the use either on a one-time basis, or for a
limited time to be specified by the Council.
16.30i050 Training, education, and implementation.
A. City staff involved in grounds and maintenance shall attend at least once a
year available trainings in prevention and other pest management techniques
outlined in this chapter if appropriate to their area of work. All other City staff
shall receive educational materials about prevention of pest problems in the
workplace.
Ordinance No. 2003-15, 3rd. Reading
May 14, 2003
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B. The City shall designate a staff member to be responsible for the
implementation of this chapter.
16.2t0.060 Public notification.
Witlhin 120 days of the effective date of this chapter, any City department that
uses~ any pesticide shall comply with the following notification procedures:
A. Notification signs shall be posted at least 48 hours prior to any pesticide
application. Signs shall remain in place for at least 24 hours after pesticide
appl!cation. Signs shall be posted at the treatment site, at a central area in the
building, and at every entry point if the pesticide is applied in an enclosed area,
and in highly visible locations around the perimeter of the application area if the
pesticide is applied in an open area. If the application is to a linear landscape,
such as along a path or roadside, signs shall be posted at 100-foot intervals.
B. Notices shall begin with a header containing the signal word from the
pesticide label alongside the words "Pesticide Application." For example,
"WARNING: PESTICIDE APPLICATION." Notices shall be at least 8-1/2 by
11 inches, and shall include the following information: the pesticide's active
ingredient; the date and time of pesticide application; the area treated; the rate of
application; the name and phone number of the contact person for the application;
the name and phone number of the responsible party where the pesticide label and
material safety data sheets may be obtained; and a boxed-off warning stating:
"CAUTION: Individuals taking medication, pregnant women, infants, children,
and :individuals with respiratory or heart disease, chemical sensitivities, or
weakened immune systems may be particularly susceptible to adverse health
effects due to pesticide exposure."
C. The City shall notify the public prior to any aerial pesticide application via
notices in the City's newspaper of record and with postings, the content of which
meets the above requirements. Notices shall be posted throughout the area
affected by the aerial application. If an immediate pesticide application of any
kind is necessary for the protection of public health, signs meeting the
requirements of this section shall be posted.
D. The pre-notification and pre-posting requirements of this section do not
apply to any application of allowable products for control of any pest that poses
and immediate human health or safety threat. When such an application is made
notification and posting consistent with the City's notification system shall occur
as soon as possible after the application.
16.30.070 Record keeping.
The City shall maintain publicly accessible information with records of pesticides
used by all departments. The information recorded shall include the date and
location of the application; the product name, active ingredient and EPA
registration number; the target pest; the quantity applied and the applicator.
Ordinance No. 2003-15, 3rd. Reading
May 14, 2003
16.30.080 Yearly report.
On ~ yearly basis in the fall at a public meeting of the City Council, a report shall
be [}resented which: includes quantities of each pesticide product (measured as
ready-to-use) applied during the previous year, evaluates how well its pest
prex~ention and control objectives are being met, assesses how well the City is
complying with this chapter, and identifies areas where improvement may be
needed. The report shall be made available to the public upon request and shall
be posted on the City web site.
Sect!on 2. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED by the City Council this 14th day of May, 2003.
APPROVED by the Mayor this 15th day of May, 2003.
D'~lene Kordono~vy, Mayor ~
ATTEST/AUTHENTICATE:
Susan Kasp~r, City
APPROVED AS TO FORM:
Rod Kaseguma, City Attorney
FILED WITH ~I~HE CiTY CLERK: May 9, 2003
PASSED BY I'HE CITY COUNCIL: May 14, 2003
PUBLISHED: May 21, 2003
POSTED: May 21, 2003
EFFECTIVE DATE: May 26, 2003
ORDINANCEi 2003-15
Ordinance No. 2003-15, 3fa. Reading
May 14, 2003 ~