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HomeMy WebLinkAbout1750-88 - ADMIN Ordinance - City Council - 1988/07/054 1 ORDINANCE NO. 1750-88 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE RELATING TO PESTICIDE CONTROL BY THE ADDITION OF SECTIONS 11-1100 THROUGH 11-1105 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Municipal Code is amended by the addition of Sections 11-1100 through 11-1105 to read as follows: PART 11 - Pesticide Control Section 11-1100. Title. This ordinance shall be known as "The Pesticide Ordinance," except as herein referred to as "this ordinance." Section 11-1101. Definitions. When used in this ordinance, the following words and phrases shall have the meanings ascribed to them in this section: (a) "Lawn Property" means any lawn, yard, park, golf course, athletic field, playground, or other similar recreational property, whether privately or publicly owned, or any privately owned land containing grass, plants, or trees. (b) "Person" means any individual, firm, corporation, partnership, or association which is engaged in the business of applying lawn pesticides for a fee. (c) "Pest" means an insect, rodent, nematode, fungus, weed, terrestrial or aquatic plant, animal life, virus, bacteria, or other organism designated by the Commissioner of Agriculture as a pest, except a virus, bacteria, or other microorganism on or in living humans or other living animals. (d) "Pesticide" means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant, or dessicant. Section 11-1102. Qualifications of Pesticide Applicators. Any person and all employees of a person who are engaged in the business of applying lawn pesticides for a fee shall be trained and qualified in the methods of handling and applying such pesticides. All such persons and their employees shall be licensed or certified by the State of Minnesota as required by Minnesota Statutes Chapter 18B. Section 11-1103. Warning Signs Required. (a) All persons who apply pesticides to Lawn Property for a fee must post or affix warning signs on the Lawn Property so treated in accordance with the requirements of this ordinance. (b) Warning signs must project at least eighteen (18) inches above the top of the grass line. The warning signs must be of a material that is rain -resistant for at least a forty-eight (48) hour period and must remain in place for at least forty-eight (48) hours from the time of initial application. (c) The following information must be printed on the warning sign in contrasting colors and capitalized letters measuring at least one-half inch, or in another format approved by the Commissioner of Agriculture. The sign must provide the following information: (i) The name of the business entity or person applying the pesticide; and (ii) The following language: "This area chemically treated. Keep children and pets off until . . . (date of safe entry) . . ." or a universally accepted symbol and text approved by the Commissioner of Agriculture that is recognized as having the same meaning or intent as specified in this paragraph. (iii) The warning sign may include the name of the pesticide used. (d) The warning sign must be posted on the Lawn Property between two (2) and five (5) feet from the sidewalk or right-of-way, and at intervals of not less than forty (40) feet. For parks, golf courses, athletic fields, playgrounds, or other similar recreational property, the warning signs must be posted at intervals of not less than forty (40) feet immediately adjacent to areas within the property where pesticides have been applied and at or near the entrances to the property. In the case of Lawn Properties which are not bounded by a sidewalk or right-of-way, warning signs shall also be posted at intervals of not less than forty (40) feet immediately adjacent to areas within such Lawn Property where pesticides have been applied,. r N 1 1 Section 11-1104. Published Notice for Municipal Property. The City shall publish a notice in the official City newspaper no less than ten (10) days prior to applying pesticides to any City -owned Lawn Property. The notice shall state the names of, or otherwise specifically describe, the City -owned Lawn Property areas which will be treated with pesticides and the time period during which the pesticide applications will be conducted. The City Clerk shall retain a record of the specific dates of pesticide application for specific City properties treated. Section 11-1105. Violation. Any person who violates this ordinance shall be guilty of a misdemeanor, and shall be subject to the penalities stated in Section 2-203 of the City Code. Section 2. This ordinance shall take effect fifteen days after its publication. Attest: City Adopted by the City Council July 5, 1988. Reviewed for administration: City Manager 8817e Approve; as to form and execution: City torney Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION •STATE OF MINNESOTA) COUNTY OF HENNEPIN) L.J. Canning SS the publisher or authorized agent and employee , being duly sworn on an oath City of St. Louis Park SUMMARY (Official Publication) ORDINANCE NO 175488 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAI%OODE RELATED TO PESTICIDE CONTROL BY THE ADDITION OE E FIONS L-uoo Summary: . c,e�m ll0' deSmhon of ""' fides the state for all applicators, Fars state registrationpro- h perbes and provides! tions therefor,and cites says that he /5/ LYLE W HANKS Adopted by the CiJt!yyyCouncMail kno ( full tart of this ordinance 1s availablefrom 1988 the City Clerk ) (July 18, 1988) -SLP of the publisher of the newspaper S t . Louis Park Sailor , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B)The printed Ordinance No. 1750-88 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for _____0112_ successive weeks, it was first published on Monday •of J U 1 Y , 19 8 , and was thereafter printed and published on every and including , the day of , the 18 day to , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefgtuuklmnopgrs Acknowledged before me on this day of 19_8 BY TITLE • N ME„IDEL M. HEDBLOM is NOTARY PUBLIC — MINNESOT9 HENNEPIN COUNTY My commission expires 7-2-92 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 100 per line (Line, word, or inch rate) $ 544` per line (Line, word, or inch rate) $ 497` per line (Line, word, or inch rate)