COM 0491.062 2020-2022 - Laserfiche WebLink

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Section 1 -93. Exemptions. (a) This article does not prohibit private property owners or those in control of private property, that is located adjacent to a County road easement from using glyphosate-based pesticides on that easement, provided such activity is not in violation of the provisions of chapter 149A, Hawaii Revised Statutes. (b) The Hilo Municipal Golf Course, Hilo Drag Strip, and County cemeteries are exempt from the provisions of this article, except for the provisions of section 15- 94, relating to the use of other synthetic pesticides. (c) Emergency. Should an emergency arise that necessitates a temporary exemption to the provisions of this article, the mayor or applicable department may submit a formal request to the council for such an exemption,provided that: actions taken during an exemption period are solely for the purpose of mitigating a public health hazard or emergency; all other methods available are demonstrated to be inadequate in mitigating said emergency; and that a time frame for this exemption to take place is presented and affirmed. Requests for an emergency exemption from the provisions of this article shall be made by official communication from the mayor or applicable department making the request for exemption. Section 15-94. Use of other synthetic pesticides in County parks and recreational facilities. (a) When a pesticide other than one that is glyphosate-based or that is not considered a "minimum risk product and method," is applied by the County onto a County park or recreational facility, pesticides shall be applied in accord with the following: (1) Pesticide applications shall comply with the provisions of chapter 149A-31(1), Hawaii Revised Statutes; (2) The area sprayed shall be made inaccessible to the public until the sprayed product dries, but for no less than four hours, or in accordance with the product's label; and (3) All directions on the label must be adhered to, such as wind or rain condition restrictions. (b) A visible notice, in the form of temporary signage shall be posted at the location of pesticide application, identifying the pesticide used by name." SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect on July 1, 2022. 4