HomeMy WebLinkAboutORD 2022-003 2020-2022 ' YY of •.
,• 4 .`'='.r STATE OF HAWAII
COUNTY OF HAWAII
ATF Of*N►'�
BILL NO. 91
(DRAFT 2)
ORDINANCE NO. 22 3
AN ORDINANCE AMENDING CHAPTER 15,HAWAII 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 HAWAII:
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."
2
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 HAWAII
Kona ,
Hawai i
Date of Introduction: December 8, 2021
Date of 1st Reading: December 8, 2021
Date of 2nd Reading: December 22, 2021
Effective Date: July 1, 2022
REFERENCE Comm. 491.63
3
OFFICE OF THE COUNTY CLERK COUNTY (.1.ER
County of Hawaii COUNTY O 'HAWAII
Kona, Hawai`i
MU AN 13 PH 12: 5.5
(Draft 2)
Introduced By: Rebecca Vi 1legas ROLL CALL VOTE
Date Introduced: December 8, 2021 AYES NOES ABS: EX
First Reading: December 8, 2021
Chung X
Published: December 17, 2021 David X
Inaba X
REMARKS. Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: December 22, 2021 8 1 0 0
To Mayor: January 3, 2022
Returned: January 13, 2022 ROLL CALL VOTE
Effective: July 1, 2022
AYES NOES ABS EX
Published: January 28, 2022
Chung X
REMARKS:
David X
Inaba X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
8 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Counc 1 •ublished as
indicated above. '/
_4
COUNCIL CHA i'
/1 'oved/Disapprovedthis day
of a o-t1 , 20 CO-OUT-CLERK
91 (Draft 2)
Bill No.:
MAYOR, COUNTY OF'HAWAI`I C-491/CRNRMC-1
Reference:
Ord No.: 22 3