Sebastopol studies pesticide warning
Proposal calls for residents to notify neighbors before spraying chemicals
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Sebastopol studies pesticide warning
Proposal calls for residents to notify neighbors before spraying chemicals
June 7, 2001
By MATT WEISER THE PRESS DEMOCRAT
If Sebastopol Mayor Larry Robinson has his way, a new city law will force residents to notify neighbors when they unleash chemical weapons on weeds and aphids.
Robinson introduced a proposal Tuesday that would require private property owners to give 48 hours' notice before spraying pesticides and herbicides. The measure is intended to augment the city's pioneering adoption last year of a ban on the use of all such chemicals on city property.
The proposal would affect all residential and commercial property owners in the city, who would be required to provide written notification to all neighbors within 150 feet.
The notices must specify the chemical and the time of application and include a toll-free phone number for information about the chemical. All landscaping chemicals would be covered, even such common brands as Roundup and Weed-B-Gone.
Commercial landscaping companies also would be required to comply when performing work for property owners.
The proposal appears to have the three City Council votes it would need for adoption, although many details still need to be worked out. Not surprisingly, the other two supporters are Sam Spooner and Craig Litwin, who join with Robinson to form a Green Party majority on the council.
"People are going to think, 'This is a taking of my right to do what I want to do with my land,' " Litwin said. "But I don't think that (argument) has merit because this is a public health issue."
Councilmen Bob Anderson and Bill Roventini expressed strong skepticism about the measure. Roventini said it "doesn't sit well with me," while Anderson said he doubts the proposal is enforceable.
"I don't dispute the importance of the issue," Anderson said. "It's well-meant, but I'm questioning whether it's actually going to be followed."
The proposal applies penalties for failing to follow the notification rules -- reaching the misdemeanor criminal level for a third offense in three years -- but doesn't outline how the rule would be enforced.
Robinson said he does not intend to stop anyone from using pesticides and herbicides. He merely believes residents have a right to know when chemicals are being sprayed nearby so they can take steps to protect themselves.
"There is an epidemic of people who are chemically sensitive. That's what this is about," he said.
The proposal is based on a similar measure adopted in March by Fairfax, in Marin County, which copied Sebastopol in adopting a ban on pesticide spraying on city property.
Both measures include exemptions for certain types of chemicals that are considered low-risk, including boric acid and granular rodent baits. Property owners also are exempted for once-a-year chemical applications to an area of nine square feet or less when using a manually pressurized container of 32 ounces or less.
Steve Doughty, a Sebastopol-area landscaping contractor, said he and his employees try to use chemicals as little as possible. But he said Robinson's proposal would still make their work much more complicated because they commonly apply Roundup from backpack sprayers to control weeds for customers.
"We do spray Roundup just about every day. It's going to make it tougher because that's just part of our maintenance," said Doughty, owner of DNL Landscaping. "We'd have to charge more because it would be more time-consuming."
Sebastopol City Attorney Larry McLaughlin said many details need to be resolved in Robinson's proposal, starting with who enforces it and what kind of hearing process is needed when assessing penalties.
Robinson directed city staff to research his proposal further and return to the council in August with a draft ordinance.
You can reach Staff Writer Matt Weiser at 521-5257 or e-mail mweiser@pressdemocrat.com.
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