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HomeMy Public PortalAboutORD 61/126ORDINANCE NO. 2 6 AN ORDINANCE PROHIBITING THE USE OF PARATHION AND OTHER TOXIC ORGANIC PHOSPHATE CHEF +iICALS WITHIN THE' TOWN OF GULF STREAM WITHOUT FIRST OBTAINING A PERMIT; PROVIDING PENALTIES FOR THE VIOLATION OF SAID ORDINANCE; PROVIDING FOR THE SEPARABILITY OF THE PROVISION THEREOF; �- WHEREAS, the Town Commission of the Town of Gulf Stream, Florida, has found and determined after careful investigation that the chemical known as Parathion and other related organic phosphates as more particularly described in following parts of this ordinance, which are used as insecticides, are extremely toxic and are dangerous to human beings and warm blooded animals coming into contact with them; WHEREAS, the Town Commission has also found and deter- mined after investigation that said chemicals should not be used inadvisedly for the control of insects attacking man or animals or for insects found in households, home gardens and in public places; WHEREAS, the use of said chemicals is particularly dan- gerous in urban areas where there are high concentrations of human beings, pets and other warm blooded animals; WHEREAS, it has very recently come to the attention of this Town Commission that of late there have been reported cases of illness of persons within the corporate limits of the Town of Gulf Stream attributed to the misuse of said chemicals within the corporate limits; WHEREAS, it is directed under this ordinance that all commercial sprayers, except those contracted by local, State or Federal Government, shall inform adjoining residents each and every time they spray, dust or spread or in any other manner use. materials of their trade within the corporate limits of the Town of Gulf Stream, Florida; and WHEREAS, under these circumstances this ordinance is one which in the opinion of the Town Commission is required to be 'passed for the immediate protection and preservation of the safety] SIE V 2 and health of the inhabitants of the Town of Gulf Stream: BE IT ORDAINED, BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA: Section 1. From and after the effective date of this ordinance it shall be unlawful for any persons, firm or corporatioi to spray, dust, spread or in any other manner use or employ within the corporate limits of the Town of Gulf Stream, Florida, any of the following chemicals of the group sometimes known as organic phosphates, namely: Common Name Chemical Name Parathion 0,0- diethyl 0- p- nitrophenyl thiophosphate tetraethyl pyrophosphate TEPP tetraethyl pyrophosphate HEPT hexaethyl tetrophosphonate EPN 0 -ethyl 0 -p- nitrophenyl benzene thiophosphate OMPA octa methyl pyrophosphoramide SYSTOX 0,0- diethyl 0- 2(ethyl mercaptoethyl thio- phosphate) or any other toxic materials as described and contained in the Current Florida State Board of Health Publications, pertaining to restrictive use of pesticides, without first having obtained a permit for such use from the Town of Gulf Stream. Permits and applications therefor, shall designate the time and place of the use, shall be nontransferable and permits shall expire within 24 hours after being issued. Section 2. Before using any pesticides, reasonable and practical prior notice shall be given by the applicant to property owners and occupants of property within three hundred feet of the area where such chemical is to be sprayed, dusted, spread or used. Section 3.- Violation of this ordinance shall be pun - ished by fine of not more than one hundred dollars ($100.00), or by imprisonment for not more than one (1) month, or by both such fine and imprisonment. Section 4. If any word, phrase, clause, section or othe portion of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not be deemed to affect the validity of the remaining portions thereof nor the enforceability thereof under different circumstances not adjudicated. Section 5. Spraying Technique: Shall conform to the Florida State Board of Health current recommendations concerning use of restrictive pesticides and all other sections contained in Regulations governing commercial spraying of lawns and ornamental shrubbery in residential areas with highly toxic pesticides or residential pesticides Spraying Regulations of 1959 Part 1. Section 6. No person or corporation shall be granted a city license to engage in residential pesticides spraying unless he or it has already obtained a state permit to engage in this business. IF .3 --% 7- 4 . '000"Pi. 'A,ew YV' Mayor As and constituting the Town Commis- sion of the Town of Gulf Stream, Florida. e rk Town of Gulf Stream 246 Sea Road Gulf .Stream. Fla.,33444 -q -