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Pesticide Use Control Bylaw No. 838, 2006

This page was last reviewed on February 26, 2015.

BYLAW NO. 838

A Bylaw to regulate the use of pesticides for cosmetic purposes within the Village of Cumberland

WHEREAS the Council of the Corporation of the Village of Cumberland deems it expedient to provide for regulating the use of pesticides for cosmetic purposes within the Village of Cumberland;

NOW THEREFORE, the Council of the Corporation of the Village of Cumberland enacts as follows:

1. Title

This Bylaw may b e cited as “The Corporation of the Village of Cumberland Pesticide Use Control Bylaw No. 838, 2006.”

2. Severability

If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase.

3. Definitions

“Biological Control” means the use of natural agents such as insects, nematodes, fungi, viruses, fish or animals to control weed.

“Cosmetic Purposes” means the use of pesticides for non-essential use in certain situations where the application is purely for an aesthetic pursuit.

“Hard Landscapes” means any constructed surface typically used for landscaping such as asphalt, concrete, rocks, gravel, treated wood or brick pavers.

“Integrated Pest Management Plan” means an approach incorporated in the Pesticide Control Act (British Columbia) in 1997. Integrated pest management means a decision making process that uses a combination of techniques to suppress pests.

“Permitted Pesticide” means a pesticide listed in Schedule “A”.

“Pest” means an injurious, noxious or troublesome living organism, but does not include a virus, bacteria, fungus or internal parasite that exists on or in human or animals.

“Pesticide” means a parcel or part of a parcel if the parcel or part is used for residential purposes.

“Public Lands” means a parcel or part of a parcel if the parcel or part is used for residential purposes.

“Public Lands” means lands vested in the Village of Cumberland.

4. Interpretation

Municipalities have jurisdiction to pass pesticide regulation bylaws pursuant to Section 8(3)(i) and (j) of the Community Charter.

5. Pesticide Use Control Regulation

No person may apply or otherwise use pesticides, except Permitted Pesticides, for the purpose of maintaining outdoor trees, shrubs, flowers, other ornamental plants and turf on Private Lands or Public Lands, except on those lands approved by Council and listed in Schedule “B”. Application for Exemption is attached as Appendix 1.

6. Exceptions

This Bylaw shall not apply in respect of:

(a) The application or other use of Permitted Pesticides as listed in Schedule “A”;

(b) The application of pesticide where there is a danger to human or animal health;

(c) The use of a biological control to destroy insects or noxious animals, including rates and mice;

(d) The use of pesticides in a public or private swimming pool;

(e) To purify water intended for the use of human beings or animals;

(f) Inside of a building;

(g) To control or destroy plants which constitute a danger for human beings who are allergic thereto or are listed as noxious weeds under the B.C. Weed Control Act.

(h) The use of wood preservatives.

7. Offence and Penalty

Every person who violates a provision of this Bylaw, or who consents, allows or permits an act or thing to be done in violation of a provision of this Bylaw, or who neglects to or refrains from doing anything required to be done by a provision of this Bylaw, is guilty of an offence and is liable to the penalties imposed under this Bylaw, and is guilty of a separate offence each day that a violation continues to exist.

Every person who commits an offence is liable a fine not exceeding $2,000.00.

8. Schedules

Schedule A – Permitted Pesticides

Schedule B – Exempted Lands

Appendix 1. – Application for Exemption

Schedule A – Permitted Pesticides

The following substances are permitted pesticides and shall be excluded from this provisions of this Bylaw:

1. Insecticidal soaps

2. Herbicidal soaps

3. Bt (Bacillus thuringiensis)

4. Nematodes

5. Other biological control organisms

6. Animal repellents

7. Rodenticides

8. Injected tree treatments

9. Sticky media

10. Borax

11. Dormant Oils

12. Horticultural Oils

13. Bordeaux mixture and other sulphur compounds

14. Lime Sulphur

15. Ferric phosphate

16. Pheromone traps

17. Diatomaceous earth

Schedule B – Exempted Lands

Lands (public and Private) on which this Bylaw does not apply:

1. Agricultural lands

2. Commercial nurseries

3. Golf courses with an Integrated Pest Management Plan

Appendix 1 – Application for Exemption

Pesticide Use Control Bylaw No. 838, 2006

NAME:

ADDRESS:

CONTACT PERSON:

REASON FOR EXEMPTION

Attachments:

DATE TO COUNCIL:

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