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Home My WebLink AboutORD 3270• ORDINANCE NO. 32 70 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO PREVENTING AND REGULATING THE AE:RIAL SPRAYING OF PES'l'ICIDES NITHIN 1'HE CITY LIMITS OF 'rHE crrY OF PALO AL'J.10 -[JRGENCY WHEREAS, the City of Palo Alto has previously ~tated its oppo sition to aerial spraying of chemicals to mitigate and/or eradicate the Mediter.r.anean Fruit Fly; and WHERF.AS, the Counci1 of the Cit,y of Pall) Alto has previously indicated its st~·onq support for alternative means of eradication and mitigation of said pest including t.he stripping of fruit within the City of Palo Alto1 and WHEREA.S, the disch~rge of pesticides by aircraft flyi.nq over a J.ar·ge and densely populated community such as the City of Palo Alto r: a i ses pr·ob1ems of potential harm to per sons anti pt~opGrty ~ not. only from the pesticide itself but from accidents resiJltinq fr.om use of such aircraft; and WHEREAS, the magnitude of these concerns coupled with the fact that aerial spraying may soon be proposed over the City of Palo Alto requires immediate action in order to protect the life, health, safety and general welfare of the City's inhabitants; NQ)\J, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1 • Ch aptet: 5. 2 5 is hereby added to the Palo Alto Munic ipalCode to :read as foJ.lO\oJS: "5.25 Aerial Spraying of Pesticides. 5~25.010 Findings. The City Council hereby finds and determines that the discharge of quantities of chemical pesticides over the City of Palo Alto, a densely populated municipality wiJ.l render the air difficult e-'l'lf-injurious to breathe, causing physical dis comfort, allergic responses, and possible injury to many per sons, dam age to property, including automobiles, and otherwise pro ducing inconvenience and annoyance to inhabi tant,s of the City by depriving them of pure, uncontaminated and inoffensive air and is, therefore, a public nuisance. ~"~5.25.020 Definitions.. (a) Person. The term ~person~ shall mean any individual, qroup of individuals, partner ship, association, corporation, government, governmental agency, or other entity or combination of any entities. (b) Aircraft. The term "aircraft" airplane, helicopter, flyinq machine or any contrivance now knowr1 or hen~i:lfter invented, used navigation or flight in the air. shall mean any other man-made or designed for (c) Pestieide. •rhe term "pesticide" shall mean any substance or mixture of substances which is intended to be used for, or is used for, preventing, destroying, repelli.ng, or miti~· gating any insects, fungi, bacteriar ';:'eeds, rodents, or: predatory animals, or for defoliating plants, regulating plant growth, or any other form of plant or animal 1 i fe which may infest or be detr i mental to vegetation, man, or animals. . ,.... . • 5. 2 r;. 0 30 Aerial Release o.f Pesticides~ spray, dt:op or othet"wise release, or cause to be or otherwi~~ released, any pesticide fr.om any within the city limits of the City of Palo Alto. No person shall sprayen, dropped aircraft flying 5.25.040 Exceptions. The prohibitions set forth in the above sect i.on shall not apply to prevent the spraying of pesticides durinq the followinq unforeseen and otherwise uncontrollable public emerqE;'ncies: (1) fire, (2) flood, (3) earthquake. Additionally, the pt"ohibition.s set forth in the above section shall not apply to prevent the spraying of pesticides when any court of competent jur isdicticm renders an order or judgment which allows said spraying or release upon a showing that there is a public emergency that cannot~ satisfacto~ily abated by other less hazardous alternative means. SECTION 2. Chapter 5. 26 is hereby added to the Palo Alto Municipal Code to read as follows: 5.26 Aerial Spraying of Pesticides Hear.ing Process. 5.26.010 Findings. The City Council hereby finds and detennin<?s that the discharge of quantities of chemical pesticides ove~-the City of Palo Alto, a densely populated municipality may render the air ct iff i cult and in j ur. ious t.o breathe, causing physical discomEortg allergic responses, and possible injury to many per sons, damage to propertyf includinq automobiles, and otherwise pro ducing inconvenience and annoyance to inhabit.ants of the City by depriving them of pure, uncontaminated and inoffensive air. Further~ the City Council hereby finds and determines that the protection of the health, safety, and welfare of the inhabitants of the City ot Palo Alto necessitates the need to k110W who will be sprr~yinq pest t~~ides and when and whe:ce such spraying will occut", i.i. order. to prepare the citi:1.:enry a.nd the City's emer gency ser·vicesr such as physicians, hospU:al:<:o,~ police and fire. "5.26.020 Definit,ions. (a) Person. The term "person" shall m-ean any individual, group of individuals, partner ship, association, corporation, government, governmental agency or other entity m: any combination of any entities. (b) Aircraft. The term "aircraft" shall mean any airplane, helicopter, flying machine or any other man .. ·made contrivance nQw known or hereafter invented, used or designed for navigation or flight in the air. (c) Pesticide.. The term "pesticide 11 shall mean any substance or mixture of sl,lbstances which is intended to be used for, or is used for, preventing, destroying, repellin~·, or miti gating any insects, fungi, bacteria, weeds, rodents, or pred at.ory animals, or for defoliating plants, regulating plant growth, or any other form of plant or animal. life which may infest or be detri mental to vegetation 1 mant or animals • .5. 26.030 Aerial Release of Pesticides.. No person shall spray, drop c;r. otherwise release, or cause to be sprayed, dropped, or otherwise released, any pesticide from any aircraft flying within the city limits of the City of Palo Alto except after com plying with the provisions of this chapter. 5.26.040 ExceptionL, The prohibitions set forth in the above section shall not apply to prevent the spraying of pesticides durinq the following unforeseen and otherwise uncontrollable public emerqencies and where adherence to the provisions of this chapter would make infeasible the quelling of the following ~.;ubl ic emer gencdes: ( 1) fire, ( 2) flood, ( 3) earthquake. -2- . ,. . • 5.26.050 Hearing Process. Any person who int~nds to spt'.:lY or. otherwise release, or intentis to cause to tl€ sprayed or otherwise released, any pesticide from any aircraft flying 'flithin the ci.ty limits of the City of Palo Alto sha.ll file information with the City Manager of the City of Palo Alto on such forms as the City Manaqer or Counc i 1 may prescribe. The .in format ion shall include, but not be limited to: { 1) a statement of the purpose for the desired spraying or release; (2) the date and times of said spraying or release; ( 3) the areas of the City of Palo Alto be af fec~ted by the spraying or release; {4) a statement of the anticipated impact of the spraying or release upon humans~ animals, vegetation, insects; {5) the reasons why the spraying or release is preferable to other alternative acts and whether other alternative actions are infeasible; ( 6) a statc:rnent of how applicant intends to mi tiqate any adverse imp~cts of the spraying or release; and ( 7) such other in format ion as m<:1y be required. A hearinq before the City Council shall be scheduled not less than ten ( 1 0) days nor more Lb an twenty ( 20) days after r:ece ipt of the ~pp1 ication. Notice of the hea·ring before the Council shall be advertised at least once .in a nevlSpaper of genera1 circulation within the City of P~lo Alto. 'l'he Council aftPr hearing may impose any reasonable require ments re1 a ted to the protection of the health, safety and welfare of the citizens of Palo Alto upon the proposed sprayinq. Such ·-x>n ditions ma.y include, but shall not be limited to~ a requirement that the applicant publish in a newspaper of general circulation the schedule of proposed sprayings U!i.t~='~S tht: Co unci 1 find~ that such publication is infeasible~ and tt:e Counc i.l may further allow applicant to take other means to effectively notify the public of its spraying schedule~ e.g. through television, radio, soundtrucks, and the like. 5. 26.060 Operative Date. Th i.s chapter shall be operative if the provisions of Chapter 5. 25 are held inva.l id in total or with respect to any particular person by judgment or order of any court of competent jurisdiction. Ir1 addition to the foregoing, the pro vis ions of Chapter 5. 26 shall be operative ~d th respect to any per son who claims or intends to claim exemption from Chapter 5.25 because of governmental sovereignty or status; provided that, com pliance with Chapter 5.26 shall not authorize the spraying or release of any pesticide prior to a judgment or order of any court of competent jurisdiction declar inq Chapte·r: 5o 25 inappl i.cable to said person. 5.26.070 Liabilit.y. No provision of this chapter shall be construed as imposing a mandatory duty upon City or its ()ffi cer s, agents, or employees under the California 'l1orts Claim Act. Government Code Sections 810 et. seq" sgcTION 3. Scverabi l :l ty. If any sect ion, subsection, sen- tence, clause or phras~ of this o~dinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have pa~sed this ord ina nee, and each section, subsection, sentence, clause and phrase thereof, irrespec tive of the fact that any m1e or more sect ions, subsections, sen tences, clauses or phrases had been declared invalid or unconsti tu tional. -3- . , ,. • ,:.:;EC'T'ION 4. The Council finds that. thiE• ordinance shall not have any .. -slqnicflnt arlverse envir-onmental impact. Alternatively, this Council also finds that the exemption pr·ovi::dons of Public Hesourcos Co(le Section 210AO(b) shall apply. 'T'his pro·)ect is cateq0rically exempt in accordance \·dth Category 8 of the CEQA q u i !~ e 1 i n e s • Sf:C'r!ON 5. 'Phe Counc i 1 finds tha.t this is an urgency measure and shalT"-become effective immecHately as provided in Section 2.04.375 of the Palo Alto Municipal Code in that (a) the City of Palo Alto presently has no laws regarding aerial spraying of pesticides;: (b) the possibility of the spraying of malathion, a pesUcide, to mitiqate the r>1editerranean Fruit Fly is immediate~ (c) the risk of danger to an unprotected public presently exists. SECTION 6. Publication. This ordinance shall be published once Tn-am~w~paper of qeneral circulation within the City of Palo Alto within fifteen (15) days of adoption. INTRODUCF:!l 1-\ND PASSF:D: March 16, 1981 8i::chti!l, Eyerly, Fazzino, Fletcher, Henderson~ Klein, Levys Renzel, Witherspoon -4-