BYLAW - Prohibition of Cosmetic Pesticides REPEALED BY 5668~14 - 20080812 - 5033~08.P'\own of -4(
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THE CORPORATION OF THE TOWN OF AURORA
. . ';>
By-law Number 5033-0B.P
BEING A BY-LAW for the prohibition of
the application of cosmetic pesticides in the Town
of Aurora.
WHEREAS the provisions of Section 2 of the Municipal Act, 2001, as amended,
Municipalities are recognized as responsible and accountable governments and are
given powers and duties that include fostering the current and future environmental
well-being of the municipality;
AND WHEREAS pursuant to Section 130 of the Municipal Act as amended.
Municipalities may enact by-laws for purposes related to the health, safety and well-
being of its inhabitants;
AND WHEREAS Council has determined through extensive consultation to and other
research that pesticide use has potential negative health and environmental effects on
the well-being of its inhabitants and the use of pesticides shall be prohibited to mitigate
the injurious impacts of pesticides on health and the environment;
AND WHEREAS prohibiting the use of pesticides will help to promote and protect the
physical environment and the health of the Towns residents;
AND WHEREAS prohibiting the use of pesticides respects the "precautionary principal"
of international law which provides that to achieve sustainable development,
environmental policy must anticipate, prevent and attack the causes of environmental
degradation and the lack of scientific certainty should not be used as a reason for
postponing measures that would prevent environmental degradation;
AND WHEREAS prohibiting the use of pesticides by by-law will enhance and will not
conflict with existing federal or provincial legislation;
AND WHEREAS Council intends to undertake a public notification and awareness
program on the prohibition of pesticides and alternative methods to control pests as
part of its pesticides prohibition scheme;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. Definitions:
In this By-law:
ENCLOSED-means closed in by a roof or ceiling and walls with an opening
or openings for ingress and egress, which openings are quipped with doors
which are kept closed except when actually in use for egress or ingress.
FORESTRY AND HABITAT MANAGEMENT-means recognized practices
consistent with the preservation and development of all aspects of plant life
and includes the application of pesticides on a limited basis where necessary;
INFESTATION-means the presence of pests in numbers or under
conditions which involve an immediate or potential risk of substantial loss or
damage to property or harm to a person.
.
"~"·~-
I.P.M. ACCREDITED PROFESSIONAL-means a person who obtains and
maintains accreditation in a recognized integrated pest management program
such as from the Audubon Cooperative Sanctuary System of Canada or
Landscape Canada or equivalent, as determined by the Town and provides
proof of Current I. P.M. accreditation upon request from the Town.
PEST-means an animal or plant or other organism that is injurious, noxious
or troublesome, whether directly or indirectly, and an injurious, noxious or
troublesome condition or organic function of an animal, a plant or other
organism.
PESTICIDE -includes a product, an organism or a substance that is a
registered control product under the federal Pest Control Products Act which
is issued as a means for directly or indirectly controlling, destroying, attracting
or repelling a pest or for mitigating or preventing its injurious, noxious or
troublesome effects but does not include the products listed in Schedule "A"
of this by-law.
PLAYING FIELD -means a public or private property or piece of public or
private property that's use is dedicated to organized sporting events including
but not limited to soccer fields, baseball diamonds and footfall fields.
PROPERTY-includes both Town owned property and privately owned
property in the Town of Aurora.
TOWN -means the Corporation of the Town of Aurora.
2. Restrictions:
2.1 No person shall apply or cause or permit the application of any
pesticide within the boundaries of the Town of Aurora.
2.2 The provision set out in subsection 2.1 does not apply when pesticides
are used:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Ul
(k)
(I)
(m)
To disinfect swimming pools, whirlpools, spas or wading pools;
To purify water intended for use of humans or animals;
Within an enclosed building;
To control termites;
As a wood preservative;
As an insecticide bait which is enclosed by the manufacturer in
a plastic or metal container that has been made in a way that
prevents or minimizes access to the bait by humans and pets;
To comply with the Weed Control Act R.S.O. 1990 c. W.5, as
amended and the regulations made there under or;
As an insect repellent for personal use;
In furtherance of a normal farm practice carried on as part of an
agricultural operation pursuant to the Farming and Farm
Production Protection Act 1998, S.O. 1998. c. 1. as amended;
To control or destroy pests which have caused an infestation to
a property where a permit has been obtained;
On a golf course where there is an accredited Integrated Pest
Management professional employed on a full time basis by the
golf course;
By the direction of the Medical Officer of Health for the Region
of York;
To promote good forestry and habitat practices where a permit
has been obtained.
3. Infestation -Permit:
3.1 Where a property has suffered an infestation as defined in the by-law, the
property owner or his agent shall document the infestation fully and make
application for a permit from the Town before applying a pesticide.
3.2 Where an application for a permit is received, the permit application and
all relevant documentation shall be forwarded to By-law Services for
approval.
4. Forestrv and Habitat Management-Permit
4.1 Where a property owner wishes to apply pesticides consistent with good
forestry or habitat management practices, the property owner or their
agent shall document the need for the use of pesticides and make
application for a permit from the Town before applying a pesticide.
4.2 Where an application for a permit is received, the permit application and
all relevant documentation shall be forwarded to By-law Services for
approval.
5. Enforcement:
5.1 A Police Officer, Provincial Offences Officer or employee of the
Town of Aurora is authorized to inform any person of the provisions of
this by-law and to request compliance therewith.
5.2 Effective from one (1) year from the passing of this by-law, no person
shall discharge or permit the discharge of a pesticide on a golf course
unless applied by a licensed applicator licensed under the Pesticides
Act and the golf course has an accredited Integrated Pest
Management Professional on their staff.
6. Offences:
Any person contravening any of the provisions of this by-law is guilty of an
offence and on conViction is liable to a fine in such amount provided by the
Provincial Offences Act, R.S.O. 1990 c. P.33, as may be amended from time
to time.
7. Severability:
If a court of competent jurisdiction should declare any section or part of a
section of this byelaw to be invalid, such section or part of section shall not be
construed as having persuaded or influenced Council to pass the remainder
of the by-law and it is hereby declared that the remainder of the by-law shall
be valid and shall remain in full force and effect.
8. Short Title:
The short title of this by-law shall be the " Pesticide By-law".
9. Effective Date:
That the by-law comes into full force on January 1, 2009.
READ A FIRST AND SECOND TIME THIS 12th DAY OF AUGUST 2008.
READ A THIRD TIME AND FINALLY PASSED THIS 12th DAY OF AUGUST 2008.
Ph~~
PHYLLIS MORRIS, MAYOR TOWN CLERK
SCHEDULE 'A'
1. A product that uses pheromones to lure pests, sticky media to trap pests or
"quick-kill" traps for vertebrate species considered pests, such as mice and
rats.
2. A product that is or contains only the following active ingredients:
(a) A soap
(b) A mineral oil, also called dormant or horticultural oil
(c) Silicone Dioxide, also called "diatomaceous earth"
(d) Biological pesticides, including BT (bacillus thuringiensis) and
nematodes;
(e) Borax, also called "boric Acid" or" boracic acid";
(f) Ferric acid;
(g) Acetic acid; (horticultural vinegar)
(h) Pyrethrum or pyrethrins;
(i) Fa tty acids;
U) Sulphur; or
(k) Corn gluten meal.