The City Council of the City of Arcata does ordain as follows:

Section 1: Title V, Sanitation and Health, Chapter 4.5, Pest Control, of the Arcata Municipal Code, is hereby added to the Municipal Code as follows:

SEC. 5490. Findings and Purposes:

A. Scientific research indicates that no pesticide is completely safe to human health and the environment, and various pesticides are hazardous to human health.

B. The migration of pesticides into the City’s watercourses, water bodies and wetlands poses a severe threat to the health of the environment.

C. On May 7, 1986, the City Council declared a moratorium on the use of all pesticides in the City. The Council subsequently amended such declaration upon the recommendation of a specially created task force to allow the use of dolomark, dolomite, gypsum and fertilizers for making ball fields and preparing soils.

D. Based on these findings, the purpose of this ordinance is to protect the public health, safety and welfare of the City of Arcata residents and environment through the adoption of regulations that prohibit the use of pesticides by the City on City Property.

SEC. 5491. Definitions.

Pesticide: For purposes herein, pesticide shall mean any spray adjuvant, substance or mixture of substances, which is intended to be used for defoliating plants, regulating plant growth or for preventing, destroying, repelling, or mitigating any pest which may infest or e detrimental to vegetation, man, animals or households, or be present in any agricultural or non-agricultural environment, including fungicides, herbicides, insecticides, nematicides, rodenticides, dessicants, defoliants, and plant growth regulators.

SEC. 5492. Pesticide Use Prohibited.

The City shall not use any pesticides on or in any City owned, operated or maintained property, building or facility except in accordance with the City’s Pest Control Management Plan.

SEC. 5493. Pest Control Management Plan.

A. The Director of Environmental Services shall, as soon as practicable, formulate and develop a Pest Control Plan for the City. The Pest Control Plan shall contain the following elements: 
1. A description of all materials and methods of permissible pest control for use on or in City owned, operated or maintained property, buildings or facilities, including sidewalk areas in the City’s right-of-way;
2. A methodology for educating the public about pest control management on or in private property using permissible pest control techniques; and
3. Guidance on preventative pest control measures, including but not limited to pest exclusion techniques for new and remodel building construction and for household and commercial sanitation.
B. The Pest Control Management Plan shall be revised and updated on a regulate basis as needed by new and/or changing conditions.
C. The Pest Control Management Plan and all revisions thereto shall be adopted by the City Council after public hearing.

SEC. 5494. Implementation.

Until such time as the Pest Control Management Plan is approved, the City shall endeavor to implement the policy of the City to avoid the use of pesticides as reasonably as practicable.

Section 2: This Ordinance shall take effect thirty (30) days after the date of its adoption.
Dated: February 16, 2000