HomeMy WebLinkAbout1996-04-15 Ordinance 4342• •
ORDINANCB NO. 4342
ORDINANCE OF T.dE COUNCIL OF THB CITY OF PALO AI/ro
REPEALING C.dAPTBRS 5.25 AND 5 .. 26 OF THE PALO ALTO
MUNICIPAL CODE RELATING TO AERIAL SPRAYING OF
PESTICIDES DUE TO STATE PREEMPTION
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION l,. The City Council finds as follows:
(a) Chapters 5.25 and 5.26 were added to the Palo Alto
Municipal Code in 1981 by adoption of Or<iinance No. 3270, as a
result of concerns that arose with the aerial spraying of chemicals
to mitigate and/or eradicate the Mediterranean Fruit Fly.
(b} Cb.apte:rs 5.25 and 5.26 were enacted for the purpose
of regulating the aerial spraying of pesticides within the city
limits of Palo Alto.
(c) Pursuant to Chapter 1386, Stats. of 1984, the
California Legislature enacted Section 11501.1 of the Food and
Agriculture Code, thereby stating its intent to occupy the entire
field of regulation regarding the registration, sale,
transportation, or use of economic poi9ons (i.e.t pesticides) to
the exclusion of all local regulation. The City Attorney has
advised that enactment of Seccion 11501 .. 1 preempted ·the City's
authority to enforce Chapters 5.25 and 5.26.
(d) Consistent with its practice of deleting obsolete
prov~sJ.ons of the Municipal Code, the City Council desires to
repeal Chapters 5.25 and 5.26 from the Palo Alto Municipal Code*
.SECTION 2.. C.lu1pter 5. 25 of the Palo Alto Municipal Code
(Aerial Spraying of Pesticides} is hereby repealed.
SECTIQN 3. Chapter 5.26 of the Palo Alto Municipal Code
(Aerial Spraying of Pesticides Hearing Process) is hereby repealed.
SECIIQN 4. The City Council finds that this project is
exempt from the provisions of the Environmental Quality Act {"CEQAJt)
because it can be seen with certainty that there is no possibility
that this project will have a significant effect on the
environment.
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960311 lac 0031219
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SBCTION 5. This c.:..dinance shall become effective upon the
commencement of the thirty·first day after the date of its
adoption.
INTRODUCED: April 1, 1996
P~S!a>: April 15, 1996
AYES: ANDERSEN, FAZZINO, HUBER, MCCOWN, ROSENBAUM, SIHITIAN, WHEELER
NOES:
ABSENT: KNISS, SCHNEIDER
ABSTENTIONS:
ATTEST:
~_;.~b:IL ~t, City Clerk
APPROVED AS TO FORM:
~ tJ, C-tl. ~--4._
Senior Asst. City Attorney