(A) Generally. The City Council shall have the right to regulate and/or prohibit the use of any pesticide within the city including the area within one mile of the city limits, by regular or special ordinance, resolution, or other appropriate action.
(Prior Code, § 3.0501)
(B) Sodium monoflouracetate. Before any person shall use or make any application of the pesticide Sodium Monoflouracetate, commonly known as 10-80, within the city or within one mile of the city limits, written application therefor shall be submitted to the City Council for approval. Such application shall include the name, address, and phone number of the applicant, the name, address, and phone number of the proposed user of the pesticide, the reasons of the proposed use and the date(s), extent, and manner of application. No use of the pesticide shall be made until specific prior approval therefor has been granted by the City Council.
(Prior Code, § 3.0502)
(C) Conditions for use. If the Council approves any such use or application, it shall have the right to set such stipulations as it may see fit. Further the Council shall have the right to set and receive a bond, in the amount set by the Council, from the applicant or user, conditioned on the safe application of the pesticide.
(D) Notice. If the Council shall approve any application, with or without stipulations, the applicant or user shall submit to the Council for its approval, a notice for publication and posting, stating that the pesticide will be used, where and when it will be used, the persons (including name, address, and phone number) applying for and using the same, the reason for the use, the fact that the pesticide is harmful to human and animal health, and the date when the area will be safe again.
(1) The notice shall be in the form and contain the information, including the above, as specified by the Council.
(2) The notice shall be published in the paper or papers designated by the city for two successive weeks prior to the proposed use, the second publication to be at least three days and not more than seven days before the proposed use. The published notice shall be entitled “NOTICE-DEADLY PESTICIDE TO BE USED IN BALTIC” in bold print at least one-eighth inch high.
(3) The notice, with the same title, shall be posted on the subject property in the location(s) directed by the Council with letter sized to be sufficiently large enough, as directed by the Council so that the title is clearly readable from a distance. Notice shall be posted at least seven days before the proposed use.
(4) All notice shall be done at the applicant’s expense.
(E) Violation. Any person violating this section shall be subject to prosecution. Each separate day or instance in violation shall be considered a separate offense.
(Prior Code, § 3.0505) Penalty, see § 10.99