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(1) Except as provided in subsection (2), no person shall use or apply synthetic herbicides on any City Grounds. This prohibition shall be effective thirty-six (36) months after the ordinance adding this Section 6-1302 to the Code becomes law for golf courses and athletic fields and effective eighteen (18) months after the ordinance adding this Section 6-1302 to the Code becomes law with respect to all other City Grounds.
(2) Upon constitution of the advisory committee authorized under subsection (3), and upon request for a waiver by an applicant, the Department of Public Health may authorize the use or application of a synthetic herbicide on any City Grounds after receiving a recommendation from the advisory committee, if the Department determines the following criteria are met with respect to such use or application:
(a) Such use or application is appropriate to address an emergency that threatens the public health, safety, or welfare of persons; or involves an invasive species that threatens the overall health of the ecosystem and is necessary after organic methods prove insufficient;
(b) The applicant has carefully evaluated all alternative methods and materials, including but not limited to, non-herbicide management tactics and non-synthetic herbicides, and is requesting to use the minimum amount of the least toxic, most effective herbicide necessary;
(c) The person or entity using or applying the synthetic herbicide will, to the greatest extent practical, minimize the impact of the application on abutting properties; and
(d) The authorized use or application of the synthetic herbicide will not be detrimental to the public's health, safety, or welfare.
(3) The City is authorized to create an advisory committee to evaluate and make recommendations to the Department of Public Health concerning waivers requested under subsection (2).