Pesticide By-law - Town of Cobalt, Ontario

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        Subject:     Pesticide By-law - Town of Cobalt, Ontario
           
Date:     Sun, 3 Nov 2002 05:40:12 -0500
           From:     Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)

To:     Paul Helliker <phelliker@cdpr.ca.gov>
          Director, State of California, Department of Pesticide Regulation 

cc:    Christine Whitman whitman.christine@epa.gov

Pesticide By-law - Town of Cobalt, Ontario
Date: Sat, 2 Nov 2002 14:16:55 -0500

THE CORPORATION OF THE TOWN OF COBALT  BY-LAW NO.2002-017

BEING a By-Law to regulate and control the use of pesticides within the Town of Cobalt.

WHEREAS the Municipal Act, R.S.O. 1990c. M.45, s 102 allows municipalities in Ontario to respond expeditiously to new challenges facing municipalities  in protecting the general welfare of residents in their territory, and such  authority has been unanimously confirmed by the Supreme Court of Canada on June 28, 2001, In its decision on 114957 Canada LTEE (Spraytech, societe D'Arrosage) and services des espaces verts ltee/ Chemlawn, vs. the  municipality of Hudson, Quebec, the Municipality of THE CORPORATION OF THE TOWN OF COBALT Passes by-law 2002-017.

NOW THEREFORE the Council of the Town of Cobalt enacts as follows:

1.    Definitions: For the purposes of this by-law, the following words and phrases shall have the following meanings:

"PESTICIDE" means any substance, matter, or micro-organism intended to  control, destroy, reduce, attract or repel, directly or indirectly, an  organism, which is noxious, harmful, or annoying for a human being, fauna, vegetation, crops or other goods, or intended to regulate the growth of  vegetation, excluding medicine or vaccine;

"FARMER" means a farm producer or horticulturist.

2.    The spreading and use of a pesticide is prohibited throughout the territory of the Municipality.

3.    Notwithstanding article 2, it is permitted to uses pesticide in the following cases:

a.)    in a public or private swimming pool;
b.)    to purity water intended for the use of human beings or animals;
c.)    inside of a building;
d.)    to control or destroy animals which constitute a danger for human  beings;
e.)    to control or destroy plants which constitute a danger for human beings  who are allergic thereto,

4.    Notwithstanding article 2, a farmer using a pesticide on an immovable tract which is exploited for purposes of agriculture or horticulture, in a hot house or in the open, is requested to

a)    register, by written declaration with the Town, in the month of March of  each year, the products which he stores and which he will be using during that year,

b.)    Also provide, in the written declaration at article 4a.), the schedule of application of said products and the area(s) of his property where the products will be applied.

5.    Notwithstanding Article 2, it is permitted to use a biological pesticide to control or destroy insects, which constitute a danger for human beings.

6.    Any person, corporation or individual in contravention of this by-law shall be subject to a fine of not more than $10,000.00.

7.    That this bylaw take force and effect on November 1, 2002

READ a first and second time this 14th day of May 2002

READ a third time and passed this 11th day of June 2002

[signature]
Mayor

[signature]
Clerk Treasurer

[Seal of Approval/Crest]
Certified to be a true copy of By-law 2002-017
of the Corporation of the Town of Cobolt
passed in Council on the 11 day of June 2002

[signature]
Steph Palmateer,
Clerk, Town of Cobalt


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