(a) Definitions. As used in this section certain terms are defined as follows:
(1) "Pesticide" means any substance produced or distributed for preventing, destroying or repelling any insects, weeds, rodents, fungi, nematodes, mites, spiders or other forms of plant or animal life or viruses (such as any herbicide, insecticide, acaricide, nematicide, rodenticide or fungicide), except viruses on or in living humans or other animals. This includes any fertilizer mixture which contains pesticides within it.
(2) "Application of a pesticide" means the placement for effect of any pesticide at or on the exterior site where pest control or other response is desired.
(3) "Pest" means any organism, plant or animal, targeted for elimination or control by a pesticide.
(4) "Public property" means any land owned by the City.
(5) "Private property" means land owned by a private individual or business, and includes tree lawns adjacent to public rights-of-way.
(b) Prohibition of Pesticide Use. Except as provided in division (c) of this section, no person shall apply any pesticide on the gardens, lawns, lands, grounds or other exterior premises of any city-owned properties.
(c) Exceptions.
(1) Private property is exempt from this code.
(2) The ground-level application of larvicides, adulticides, and rodenticides is permitted as a public health measure necessary to reduce the spread of disease pursuant to recommendations and guidance provided by the Centers for Disease Control and Prevention, the U.S. Environmental Protection Agency, and the Ohio Department of Agriculture. Any rodenticides shall be placed in tamper-proof products, unless designed and registered for specific environments inaccessible to humans and pets. Under no circumstances shall aerial spraying or roadside spraying be permitted.
(3) The use of larvicides or rodenticides, if administered by Cuyahoga County, shall be approved by the county under provisions of County Ordinance No. 02011-0047.
(4) Prior to the approval of a request for pesticide application, the Board shall conduct a review of the applicant's consideration of Organic Pest Management (OPM) and Integrated Pest Management (IPM) strategies.
(d) Environmental Review Board (ERB).
(1) An Environmental Review Board (ERB) is hereby created to hear and decide upon requests for permission to apply pesticides in specific cases. The Board shall consist of 1) the Service Director, 2) Director of Community Services, 3) Council Recreation Committee Chairperson or other Council member or City department representative appointed by Council, 4) a member of the public with knowledge of pesticide use and organic and integrated pest management strategies, which person is to be appointed by Council, and 5) a representative of the Cuyahoga County Board of Health, to be appointed by that agency. A majority vote of those present, in person or via remote conference connection, is required to approve a request for pesticide application.
(2) The Environmental Review Board shall meet as needed in response to requests for permission to apply chemical pesticides on public property. The body shall elect its Chair, who shall serve as the primary contact for the Board and to whom requests shall be given.
(3) The ERB shall determine what form a request may take and what documentation is required.
(4) The Board may grant permission for the application of pesticides under controlled and limited conditions when the Board determines that such application is necessary for the public health and safety, the control of invasive plants, or the preservation of property, and will not pose a danger to City residents.
(e) Penalty. A violation of this section shall be a minor misdemeanor on the first offense, and a fourth degree misdemeanor on a second or subsequent offense.
(Ord. 22-17. Passed 12-27-17.)