Ord 1491 - PREVENTING AND REGULATING THE AERIAL SPRAYING OF PESTICIDES WITHIN THE TOWN LIMITS OF THE TOWN OF LOS GATOS - URGENCY.ORDINANCE NO. 1491
ORDINANCE OF THE COUNCIL OF THE TOWN OF LOS GATOS
PREVENTING AND REGULATING THE AERIAL SPRAYING OF
PESTICIDES WITHIN THE TOWN LIMITS OF THE TOWN OF
LOS GATOS - URGENCY.
WHEREAS, the Town of Los Gatos has previously stated its opposition to
aerial spraying of chemicals to mitigate and /or eradicate the Mediterranean
Fruit Fly; and
WHEREAS, the Council of the Town of Los Gatos has previously indicated
its strong support for alternative means of eradication and mitigation of said
pest including the stripping of fruit within the Town of Los Gatos; and
WHEREAS, the discharge of pesticides by aircraft flying over a large and
densely populated community such as the Town of Los Gatos raises problems of
potential harm to persons and property; not only from the pesticide itself but
from accidents resulting from use of such aircraft; and
WHEREAS, the magnitude of these concerns, coupled with the fact that aerial
spraying may soon be proposed over the Town of Los Gatos, requires immediate action
in order to protect the life, health, safety and general welfare of the Town's
inhabitants;
NOW, THEREFORE, the Council of'the Town of Los Gatos does ORDAIN as
follows:
SECTION 1 . Sections 22 -1 through 22 -4 of the Town Code are hereby designated
as Article I. Head Shops.
SECTION 2 . Article II is hereby added to Chapter 22 of the Town Code as
follows:
"Article Ii. Aerial Spraying. --
"22-5. Aerial Spraying of Pesticides.
22- 5.010. Findings. The Town Council hereby finds and deter-
mines that the discharge of quantities of chemical pesticides over the Town of Los
Gatos, a densely populated municipality, will render the air difficult and injurious
to breathe, causing physical discomfort, allergic responses, and possible injury to
many persons, damage to property, including automobiles, and otherwise producing
inconvenience and annoyance to inhabitants of the Town by depriving them of pure,
uncontaminated and inoffensive air and is, therefore, a public nuisance.
22- 5.020. Definitions. (a) Person. The term "person"
shall mean any individual, group of individuals, partnership, association,
corporation, government, governmental agency, or other entity or combination
of any entities.
(b) Aircraft. The term "aircraft" shall mean any
airplane, helicopter, flying machine or any other man -made contrivance now
known or hereafter invented, used or designed for navigation or flight in the
air.
(c) Pesticide. The term "pesticide" shall mean any
substance or mixture of substances which is intended to be used for, or is used
for, preventing, destroying, repelling, or mitigating any insects, fungi, bac-
teria, weeds, rodents, or predatory animals, or for defoliating plants, regulating
plant growth, or any other form of plant or animal life which may infest or be
detrimental to vegetation, man, or animals.
22- 5.030. Aerial Release of Pesticides. No person shall
spray, drop or otherwise release, or cause to be sprayed, dropped, or otherwise
release, any pesticide from any aircraft flying within the Town limits of the
Town of Los Gatos.
22- 5.040. Exceptions. The prohibitions set forth in the
above section shall not apply to prevent the spraying of pesticides during the
following unforeseen and otherwise uncontrollable public emergencies: (1) fire,
(2) flood, (3) earthquake. Additionally, the prohibitions set forth in the above
section shall not apply to prevent the spraying of pesticides when any court of
competent jurisdiction renders an order or judgment which allows said spraying
-_ -.or r_el- easeup_on a- showing tha -t there -- i_sap.ubl.i ceme-r_gencythat_.cannot_ be_ s.ati s
factorily abated by other less hazardous alternative means.
"22 -6. Aerial Spraying of Pesticides Hearing Process.
22- 6.010. Findings. The Town Council hereby finds and deter-
mines that the discharge of quantities of chemical pesticides over the Town of
Los Gatos, a densely populated municipality may render the air difficult and
injurious to breathe, causing physical discomfort, allergic responses, and
possible injury to many persons, damage to property, including automobiles, and
otherwise producing inconvenience and annoyance to inhabitants of the Town by
depriving them of pure, uncontaminated and inoffensive air.
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Further, the Town Council hereby finds and deter-
mines that the protection of the health, safety, and welfare of the inhabi-
tants of the Town of Los Gatos necessitates the need to know who will be
spraying pesticides and when and where such spraying will occur, in order
to prepare the citizenry and the Town's emergency services, such as
physicians, hospitals, police and fire.
22- 6.020. Definitions. (a) Person. The term "person"
shall mean any individual, group of individuals, partnership, association,
corporation, government, governmental agency or other entity or any combi-
nation of any entities.
(b) Aircraft. The term "aircraft" shall mean any
airplane, helicopter, flying machine or any other man -made contrivance now
known or hereafter invented, used or designed for navigation or flight in
the air.
(c) Pesticide. The term "pesticide" shall mean any
substance or mixture of substances which is intended to be used for, or is
used for, preventing, destroying, repelling, or mitigating any insects, fungi,
bacteria, weeds, rodents, or predatory animals, or for defoliating plants,
regulating ,plant growth, or any other.form of plant or animal life which may
infest or be detrimental to vegetation, man, or animals.
22- 6.030. Aerial Release of Pesticides. No person shall
spray, drop or otherwise release, or cause to be sprayed, dropped, or other-
wise released, any pesticide from any aircraft flying within the Town limits
of the Town of Los Gatos, except after complying with the provisions of
- h - I s c apter.
22- 6.040. Exceptions. The prohibitions set forth in the
above section shall not apply to prevent the spraying of pesticides during
the following unforeseen and otherwise uncontrollable public emergencies and
where adherence to the provisions of this chapter would make infeasible the
quelling of the following public emergencies: (1) fire, (2) flood, (3) earth-
quake.
22- 6.050. Hearing Process. Any person who intends to
spray or otherwise release, or intends to cause to be sprayed or otherwise
released, any pesticide from any aircraft flying within the Town limits of
the Town of Los Gatos shall file information with the Town Manager of the
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Town of Los Gatos on such forms as the Town Manager or Council may prescribe.
The information 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 Town of Los Gatos to be affected 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 statement of how applicant intends to mitigate any adverse
impacts of the spraying or release; and
(7) such other information as may be required.
A hearing before the Town Council shall be scheduled not
less than ten (10) days nor more than twenty (20) days after receipt of the
application. Notice of the hearing before the Council shall be advertised
at least once in a newspaper of general circulation within the Town of Los
Gatos.
The Council after hearing may impose any reasonable
requirements related to the protection of the health, safety and welfare
of the citizens of Los Gatos upon the proposed spraying. Such conditions
may include, but shall not be limited to, a requirement that the applicant
publish in a newspaper of general circulation the schedule of proposed
spray unless the Council finds that such publication is infeasible; and
the Council may further allow applicant to take other means to effectively
notify the public of its spraying schedule, e.g., through television, radio,
soundtracks, and the like.
22- 6.060. Operative Date. This chapter shall be operative
if the provisions of Section 2 -25 are held invalid in total or with respect
to any particular person by judgment or order of any court of competent
jurisdiction. In addition to the foregoing, the provisions of Section 2 -26
shall be operative with respect to any person who claims or intends to claim
exemption from Section 2 -25 because of governmental sovereignty or status;
provided that, compliance with Section 2 -26 shall not authorize the spraying
or release of any pesticide prior to a judgment or order of any court of
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competent jurisdiction declaring Section 2 -25 inapplicable to said
person.
22- 6.070. Liability. No provision of this chapter
shall be construed as imposing a mandatory duty upon the Town of its
officers, agents, or employees under the California Torts Claim Act.
Government Code Sections 810 et. seq.
SECTION 3 . Severability. If any section, subsection, sentence,
clause, or phrase of this ordinance 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 passed this ordinance, and each section, subsection, sentence,
clause, and' phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases had been declared
invalid or unconstitutional.
SECTION 4 . The Council finds that this ordinance shall not have any
significant adverse environmental impact. Alternatively, this Council also
finds that the exemption provisions of Public Resources Code Section
21080(b)(4) and also Title 14, Section 15107 of the California Administrative
Code shall apply.
SECTION 5 . The Council finds that the the public health and safety
require that this ordinance be adopted as an urgency measure and shall
become effectively immediately in that (a) the Town of Los Gatos presently
has no laws regarding aerial spraying of pesticides; (b) the possibility of
the spraying of mal- athion, a pesticide, to mitigate the Mediterranean Fruit
Fly is immediate; (c) the risk of danger to an unprotected public presently
exists.
SECTION 6 . Publication. This ordinance shall be published once in
a newspaper of general circulation within the Town of Los Gatos within
fifteen (15) days of its adoption.
This ordinance was adopted at a continued regular meeting of the
Town Council of the Town of Los Gatos held on March 17, 1981, by the
following vote:
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AYES: COUNCIL MEMBERS Ru Cannon, Marlyn J.
Rasmussen.; Peter W. Siemens, B rent N.
Ventur and Thomas J. Ferrito
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
SIGNED:
YOR OF THE TOW F LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS TOS