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(a) Except as provided in Subdivisions (b) through (e) hereof, any City department that uses any pesticide shall comply with the following notification procedures:
(1) Notification Signs shall be posted at least three days before application of any Tier I or Tier II pesticide product and remain posted at least four days after application of the pesticide.
(2) Notification Signs shall be posted for pesticide products classified as Tier III (least hazardous) on the day of treatment, prior to application of the Tier III pesticide product. Signs shall remain posted in accordance with instructions on the pesticide product's label.
(3) Signs shall be posted
(i) at every entry point to the area where the pesticide is applied if the pesticide is applied in an enclosed area, and
(ii) in highly visible locations around the perimeter of the area where the pesticide is applied if the pesticide is applied in an open area.
(4) Signs shall contain the name and active ingredient of the pesticide product, the target pest, the date of pesticide use, the signal word indicating the toxicity category of the pesticide product, the date for re-entry to the area treated, and the name and contact number for the City department responsible for the application.
(5) City departments may use permanent signs if the signs are updated as required by this Chapter.
(b) City departments shall not be required to post Notification Signs in accordance with Subsection (a) in right-of-way locations that the general public does not use for recreational purposes. However, each City department that uses pesticides in such right-of-way locations shall work with the City's 311 center to ensure that callers to the 311 center can receive information about pesticide applications in the right-of-way areas. The department, acting through the 311 call center, shall provide callers inquiring about pesticide use in right-of-way locations with all the information normally listed on notification signs under subsection (a)(4). The department shall also post a notice in a public area located in its main office building explaining that the public may obtain information regarding the department's use of pesticides in right-of-way locations by calling the City's 311 center.
(c) City departments using baits or other pesticides granted an exemption by the Department pursuant to Subsection (e) shall not be required to post Notification Signs in accordance with Subsection (a). However, each such department shall post a permanent Notification Sign:
(1) in each building or vehicle where such pesticides are used,
(2) at the City department's main office or a similar location where the public obtains information regarding the building or vehicle, and
(3) when such pesticides are used outdoors to control rats and other pests, in a conspicuous location outside of the area where they are used.
(d) In the event of a public health emergency or to comply with worker safety requirements, the Department of the Environment may authorize City departments to apply a Tier I or Tier II pesticide without providing the usual three-day advance notification. In such cases, Notification Signs shall be posted on the day of treatment, prior to application and remain posted four days following the application.
(e) The Department may grant exemptions to the notification requirements for one-time pesticide uses and may authorize permanent changes in the way City departments notify the public about pesticide use in specific circumstances, upon a finding that good cause exists to allow an exemption to the notification requirements. Prior to granting an exemption pursuant to this subsection, the City department requesting the exemption shall identify the specific situations in which it is not possible to comply with the notification requirements and propose alternative notification procedures. The Department shall review and approve the alternative notification procedures.
(Added by Ord. 171-03, File No. 030422, App. 7/3/2003)
(Derivation Former Administrative Code Section 39.5; added by Ord. 401-96, App. 10/21/96; amended Ord. 27497, App. 7/3/97; Ord. 231-99, File No. 991246, App. 8/20/99; Ord. 2-00, File No. 992000, App. 1/13/2000; Ord. 7-11, File No. 100761, App. 1/7/ 2011)