Section 33-1004. Lawn applications; certain municipalities

1.  Notwithstanding  any  other  provision of law to the contrary, any
  county not contained entirely  within  a  city,  and  any  city  with  a
  population  of  one  million or more, may, after public hearing, adopt a
  local law comprised of the following provisions in  their  entirety  and
  without  exception  including  all applicable definitions as provided in
  this article:
    a. All retail establishments that  sell  general  use  pesticides  for
  commercial  or residential lawn application shall display a sign meeting
  standards, established by the commissioner pursuant to  subdivision  one
  of  section  33-1005  of  this article, in a conspicuous place, and such
  sign shall be placed as close  as  possible  to  the  place  where  such
  pesticides are displayed.
    b.  (i)  At  least  forty-eight  hours  prior  to  any commercial lawn
  application  of  a  pesticide,  the  person  or  business  making   such
  application shall supply written notice, as defined in subdivision three
  of  section  33-1005  of this article, to occupants of all dwellings, as
  defined in paragraph d of subdivision five of section  33-0905  of  this
  article, on abutting property with a boundary that is within one hundred
  fifty  feet  of  the  site  of  such application; and to owners, owners'
  agents, or other persons in a position of authority for all other  types
  of  premises,  as  defined in paragraph d of subdivision five of section
  33-0905 of this article, that are on abutting property with  a  boundary
  that  is  within one hundred fifty feet of the site of such application.
  Owners or owners' agents of multiple family dwellings shall supply  such
  written  notice  to  the occupants of such multiple family dwellings and
  for all other types of premises, owners, owners' agents or other persons
  in a position of authority shall post such written notice  in  a  manner
  specified by the commissioner.
    (ii)  The  prior  notification  provisions of this paragraph shall not
  apply to the following:
    A. the application of  anti-microbial  pesticides  and  anti-microbial
  products  as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)
  (2);
    B. the use of an aerosol product with a directed spray, in  containers
  of  eighteen fluid ounces or less, when used to protect individuals from
  an imminent threat from stinging and biting insects, including  venomous
  spiders,  bees,  wasps  and  hornets. This section shall not exempt from
  notification the use of any  fogger  product  or  aerosol  product  that
  discharges to a wide area;
    C. the use of non-volatile insect or rodent bait in a tamper resistant
  container;
    D.  the  application  of  a  pesticide classified by the United States
  Environmental Protection Agency as an exempt material under 40 CFR  Part
  152.25;
    E.   the   application   of   a  pesticide  which  the  United  States
  Environmental Protection Agency has  determined  satisfies  its  reduced
  risk criteria, including a biopesticide;
    F. the use of boric acid and disodium octaborate tetrahydrate;
    G.  the  use  of  horticultural  soap  and  oils  that  do not contain
  synthetic pesticides or synergists;
    H. the application of a granular pesticide, where  granular  pesticide
  means any ground applied solid pesticide that is not a dust or powder;
    I.  the application of a pesticide by direct injection into a plant or
  the ground;
    J. the spot application of a pesticide, where spot  application  means
  the   application   of   pesticide   in   a   manually   pressurized  or

  non-pressurized container of thirty-two fluid ounces or less to an  area
  of ground less than nine square feet;
    K.  the  application  of  a  pesticide  to  the  ground or turf of any
  cemetery; and
    L. an emergency application of a pesticide when necessary  to  protect
  against  an  imminent  threat  to  human health, provided, however, that
  prior to any such  emergency  application,  the  person  providing  such
  application  shall make a good faith effort to supply the written notice
  required pursuant to this title. Upon making an  emergency  application,
  the  person  making  such  application  shall notify the commissioner of
  health, using a form developed by such commissioner  for  such  purposes
  that  shall  include  minimally  the  name  of  the  person  making such
  application, the pesticide business  registration  number  or  certified
  applicator number of the person making such application, the location of
  such  application,  the  date  of such application, the product name and
  United States Environmental Protection Agency registration number of the
  pesticide applied and the reason for such application.
    c. (i) All persons performing residential lawn  applications  treating
  an  area  more  than  one  hundred square feet shall affix markers to be
  placed within or along the perimeter of the area where  pesticides  will
  be  applied.  Markers  are  to  be placed so as to be clearly visible to
  persons immediately outside the perimeter of such property. Such markers
  shall be posted at least twelve inches above the ground and shall be  at
  least four inches by five inches in size.
    (ii) The markers required pursuant to this paragraph shall be in place
  on  the  day  during  which  the  pesticide  is  being applied and shall
  instruct persons not to enter the property and not to remove  the  signs
  for  a  period  of at least twenty-four hours. Such instruction shall be
  printed boldly in letters at least three-eighths of an inch in height.
    2. Any county not contained entirely within a city or any city with  a
  population  of  one  million or more that adopts a local law pursuant to
  the provisions of this section, shall,  in  addition  to  any  authority
  otherwise  conferred  in  this  chapter,  have  concurrent  authority to
  enforce such local  law  administratively,  provided  however  that  all
  sanctions,  which  shall  be  assessed  after  providing  a  hearing  or
  opportunity to be heard, shall be as specified  in  section  71-2907  of
  this  chapter  and  shall be payable to and deposited with the enforcing
  municipality.
    2-a. Within twenty days after the adoption of a local law pursuant  to
  this  section,  the clerk or other officer designated by the legislative
  body shall forward one certified copy thereof to  the  commissioner  and
  one to the attorney general.
    2-b.  Any local law adopted pursuant to this section shall take effect
  on the first day of January after it shall have been adopted.
    3.  The  commissioner  of  health  shall  review  any  emergency  form
  submitted  pursuant  to this section to ensure that the circumstance did
  warrant such emergency application. Such forms shall be kept on file  at
  the  department  of  health for three years from the date of application
  and shall be made available to any person upon request.