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COUNTY OF HAWAVI STATE OF HAWAIJ
BILL NO. 91
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 15, HAWAPI COUNTY CODE 1983
(2 016 EDITION,AS AMENDED), BY ADDING A NEW ARTICLE 12 PROHIBITING
USE OF GLYPHOSATE-BASED PESTICIDES IN COUNTY PARKS AND
RECREATIONAL FACILITIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose.
The Council finds that glyphosate-based pesticides have been linked to increased risk
of contracting leukemia and non-Hodgkin's lymphoma. In 2015, the World Health
Organization's Internal Agency for Research on Cancer declared glyphosate a probable
carcinogen. Since then, thousands of lawsuits have been filed against the largest
manufacturer of glyphosate products and juries have so far awarded several judgments
against this manufacturer, totaling over $2 billion for damages resulting from the adverse
health effects of these products.
In the County of Hawaii glyphosate-based pesticides are routinely used to control
vegetation in public parks, fields, bikeways, sidewalks, trails, drainageways, and
waterways, as well as along fence lines and roads. The routine use of this substance has
the potential to subject County workers, the public, and wildlife to a high risk of exposure
to this dangerous chemical.
This ordinance is intended to reduce the use in County parks and recreational
facilities of a chemical that has been linked with increased incidence of leukemia and non-
Hodgkin's lymphoma.
This ordinance shall not be construed to prohibit the use of glyphosate-based
pesticides by persons or entities other than the County.
SECTION 2. Chapter 15, Hawaii County Code 1983 (2016 Edition, as
amended), is amended by adding a new article to read as follows:
"Article 12. Pesticide Use in County Parks and Recreational Facilities.
Section 15-91. Definitions.
As used in this article, unless otherwise specified:
"County park and recreational facility" means a park or recreational facility listed in
section 15-68.1, the County's park and recreational facility schedule.
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"Emergency" means an urgent need to mitigate or eliminate a plant pest that
threatens public health and safety. y
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"Minimum risk products and methods" are products and methods that are not
required to be regulated by the Environmental Protection Agency under 40 CFR 152.25.
"Pesticide" means:
(1) Any substance or mixture of substances intended for preventing, destroying,
repelling, or mitigating any pest; or
(2) Any substance or mixture of substances intended for use as a plant regulator,
defoliant, or desiccant.
Section 15-92. Glyphosate-based pesticides in County parks and recreational
facilities prohibited.
Except as otherwise provided in this article, the County shall not use, or permit to be
used by County contractors, pesticides that contain Glyphosate as its active ingredient in
all County parks and recreational facilities on or after July 1, 2022.
Section 15-93. 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.
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Section 15-94. Use of other synthetic pesticides in County parks and
recreational facilities. I
(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.
INTRODUCED BY:
COUNC ER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERIMCE Comm. 491
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