Chapter 8.28
HERBICIDE RESTRICTIONS
Sections:
8.28.010 Application restrictions.
8.28.020 License required for application.
8.28.010 Application restrictions.
A. It is unlawful for any person, including a corporation, partnership or other legal entity, to place, throw, spray or otherwise introduce or attempt to place, spray or otherwise introduce or cause to be placed, thrown, sprayed or otherwise introduced into the waters of Cozy Cove, Yarrow Bay, and within 500 feet of the shoreline of the town any herbicide with the exception of those herbicides which are labeled as registered aquatic herbicides with the federal Environmental Protection Agency and which are registered with the State Department of Agriculture for use in the state.
B. It is unlawful for any registered herbicide as defined in subsection A of this section to be applied unless it is applied under the authority of a modification of water quality standards order issued by the State Department of Ecology. (Ord. 602 § 1, 2009; Ord. 348 §§ 1, 2, 1989)
8.28.020 License required for application.
Only persons with a valid license to apply herbicides issued by the state may utilize registered herbicides in the waters of Cozy Cove, Yarrow Bay and within 500 feet of the shoreline of the town. At least seven days prior to applying an herbicide, such persons shall furnish notification to the town clerk/treasurer, shall provide written notice to owners of property located within 500 feet of the area where the application will occur, and shall comply with all applicable state rules and regulations concerning the application of the herbicide including proper posting and notification in accordance with the order covering such application issued by the State Department of Ecology. (Ord. 602 § 1, 2009; Ord. 348 § 3, 1989)
8.28.030 Violation – Penalty.
A. Any violation of this chapter is a gross misdemeanor and is punishable by a fine not exceeding $5,000 or imprisonment not exceeding 365 days or both.
B. It is a separate offense for each and every day in which an herbicide, with the exception of those permitted in this chapter, is attempted to be, or caused to be, placed, thrown, sprayed or otherwise introduced into the waters of Cozy Cove, Yarrow Bay and within 500 feet of the shoreline of the town.
C. The town reserves the right to take such action as is necessary to prevent the introduction of unauthorized herbicides into the waters of Cozy Cove, Yarrow Bay and within 500 feet of the shoreline of the town. (Ord. 602 § 1, 2009; Ord. 348 § 4, 1989)