§ 12-161.03. Signs.

(a)

Sign prior to pesticide application.

(1)

For at least twenty-four (24) hours prior to each application of pesticide by a custom applicator, the customer shall post signs visible from all streets fronting or providing principal access to the property. The sign(s) will be developed or approved by the Health Officer for the purpose of notifying the public of the pending property treatment and will be supplied to the customer by the custom applicator.

(2)

At least twenty-four (24) hours prior to each episode of pesticide treatment by a private applicator, or a residential applicator, the applicator shall either post signs visible from all streets fronting or providing principal access to the property, said sign to be substantially in the form and content as described in paragraph (1) of this Subsection and may be obtained pursuant to Section 12-161.05 of this Subdivision.

(3)

This requirement shall not apply to emergency situations as may be defined by regulation or in which treatment is necessary to protect property or structures from immediate damage from an existing pest.

(4)

The Health Officer shall further have the right, from time to time, to exempt certain properties, such as, but not exclusively, golf courses and public utility right-of-ways, when it is shown that access to the property is sufficiently restricted and proximity to other properties which may be affected by or receive drifting chemicals from the pesticide application is sufficiently removed so as to eliminate the need for prior posting.

(5)

The signs required under this Subsection shall remain posted until replaced by the signs required by Subsection (b) of this Section.

(b)

Sign after pesticide application.

(1)

Immediately after pesticide application, the applicator shall post a sign or signs on the treated property.

(2)

Such sign or signs shall:

(A)

Be clearly visible on the treated area and from all streets fronting or providing principal places of access to the property. If there are more than one principal places of access to the property, a sign shall be placed so as to be visible from each.

(B)

Be of such size and bear such language as developed, approved, or directed by the Health Officer.

(C)

The signs shall remain in place for at least three (3) days, and in no event more than seven (7) days, following application of the pesticide.

(3)

The Health Officer may from time to time exempt certain types of property, such as, but not exclusively, golf courses and public utility right-of-ways, in which access is sufficiently restricted and proximity to other properties which may be affected by or receive drifting chemicals from the pesticide application is sufficiently removed, from the requirements of this Subsection, providing such exempted property has an alternative method of providing the notification set forth in this Subsection to members of the public who may come into contact with the treated area.

(c)

The Health Officer shall provide to the public in a manner deemed appropriate, information which explains the notice provisions. The Health Officer shall compile and make available to the public, upon request, specific information and safety precautions for those lawn pesticides determined by the Health Officer to be most commonly used.

(CB-91-1985)