HomeMy WebLinkAboutBIL 091 Draft 02 2020-2022
AN ORDINANCE AMENDING CHAPTER 15, HAWAI‘I COUNTY CODE 1983
(2016 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 HAWAI‘I:
SECTION 1. Purpose.
This ordinance is intended to reduce the use in County parks and recreational facilities of glyphosate-based products which have the potential to subject County workers, the public,
and wildlife to health risks.
SECTION 2. Chapter 15, Hawai‘i 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.
“Emergency” means an urgent need to mitigate or eliminate a plant pest that threatens public health and safety.
“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.
(a) 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.
(b) This ordinance shall not be construed to prohibit the use of glyphosate-based pesticides by persons or entities other than the County.
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, Hawai‘i 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), Hawai‘i 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:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: