G-430(05-62) ORDINANCE NO. G-430.
AN ORDINANCE PROVIDING THAT IT SHALL BE b%!LAWPUL
FOR ANY PERSON, FIRI.t OR CORPORATION TO USE WITHIN
THE CITY OF DELRAY BEACH, FLORIDA, OR HAVE IN HIS,
HER OR ITS POSSESSIO~ FOR USE IN SAID CITY CERTAIN
CHEi.IICAL COi'.~POUNDS KNOWN AS "RESTRICTED USE
PESTICIDES" ~LESS SUCH PERSO~, FIRII OR CORPORATION
HOLDS A CURRENT RESIDENTIAL PESTICIDE SPRAYING
CERTIFICATE ISSUED BY THE STATE BOARD OF HEALTH
OF FLORIDA OR IS THE OWNER AND OPERATOR OF
CREENHOUSES OR BOTANICAL NURSERIES OR IS ENGAGED
IN AGRICULTURAL PURSUITS ~{OLDI~!G A CITY OCCUPATIONAL
LICENSE FOR SUCH PURPOSE AND PROVIDING THAT THOSE
PERSONS, FIRNS AND CORPORATIONS PER2~ITTED TO USE
SAID "RESTRICTED-USE PESTICIDES" SHALL ONLY USE THE
SA~.ME IN THE CITY OF DELqAY BEACH IN ACCORDANCE WITH
THE RULES AND REGULATIONS PROVIDED FOR IN THIS
ORBINANCE; RESTRICTING THE SALE THEREOF TO CERTAIN
QUALIFIED PERSONS, FIR!'.~ AND CORPORATIOMS; AND
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE AND DECLARING THIS ORDINANCE TO BE AN
EMERGENCY }TEASURE, A~D PROVIDING WHEN THIS
ORDINANCE SHALL TAKE EFFECT.
WHEREAS, the City Council of Delray Beach, Florida, has
found and determined after careful investigation that the
chemical known as Parathion and other related hiqhly toxic
organic phosphates as more particularly described in the
following parts of this ordinance, which are used as insecticides,
are extremely toxic and are dangerous to human beings and all
other warm blooded animals comin~ into contact with them;
WHEREAS, the City Council has also found and determined
after investigation that such chemicals should not be used for
the control of insects attacking man or for insects found in
households, home gardens and in public places;
WHEREAS, the use of said chemicals is particularly
dangerous in urban areas where there are high concentrations
of human beings, pets and other warm blooded animals;
WHEREAS, it has very recently come to the attention of
the City Council that of late there have been reported cases
of illness of persons and pets within the vicinity of the City
of Delray Beach attributed to the misuse of said chemicals
within the area;
WHEREAS, it is directed under this ordinance that all
commercial sprayers shall inform adjoining residents each and
every time they spray, or spread or in any other manner use
highly toxic materials within the corporate limits of the City
of Delray Beach, Florida; and
W}{EREAS, under these circumstances this ordinance is
one which in the opinion of the City Council is required to be
passed for the immediate protection and preservation of the
safety and health of the inhabitants of the City of Delray
Bea ch;
NC~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That it shall be unlawful for any person,
firm or corporation to use within the City of Delray Beach, or
have in his, her or its possession for use in said City, the
following chemical compounds known as "RESTRICTED-USE PESTICIDES":
Generic or
Common Na~e Chemical Name
TEPP Tetraethyl pyrophosphate OR Ethyl pyrophosphate
PARATHION O, O-diethyl O-p-nitrophenyl thiophosphate
PHORATE (THI~,iET) O, O-diethyl S-(ethylthio) methyl
phosphorodithioate
DE~.~ETON (SYSTOX) O, O-diethyl O(and S)-2-(ethylthio) ethyl
phosphorothioate
DI-SYSTON O, O-diethyl S-2 (ethylthio) -ethyl
phosphorothioate
PHOSDRIN 2-carbomethoxy-l-methylvinyl dimethyl phosphate
SCHRADA N Octamethyl pyrophosphoramide
GUTHION O, O-dimethyl S- (4-oxo-1,2,3-benzotriazinyl-8
methyl) phosphorothioate
~THYL P~RATHION O, O-dimethyl O-p-nitrophenyl thiophosphate
ENDRIN Hexa chloroepoxyo ctahydro-endo-
dime t ha no naphtha 1 ene
POTASAN O, O-diethyl O-(4-methylumbelliferone)
phosphorothioate
EPN O-ethyl o-p-nitrophenyl benzenephosphonothioate
or any other highly toxic materials, as described and contained
in the current Florida State Board of Health Publications,
unless such person, firm or corporation holds a current
residential pesticide spraying Certificate issued by the
State Board of Health of Florida, or is the owner and operator
of a greenhouse or botanical nursery or is engaged in an
agricultural pursuit holding a City Occupational License for
operating the same.
Section ~. That it shall be unla~ful for any person,
firm or corporation to sell any of the aforesaid "Restricted-Use
Pesticides" except to a person, firm or corporation holding a
current residential pesticide spraying certificate issued by
the State Board of Health, or is the owner and operator of a
greenhouse or botanical nursery or is engaged in an agricultural
pursuit holding a City Occupational License for operating the
saIr~e,
Section 3. That those persons, fir~s and corporations
permitted to use said "Restricted-Use P~sticides" shall only
use the sa~.~e in the City of Delray Beach in accordance with
the Rules and Regulations of the State Board of .¥{ealth of
Florida governin~ the use thereof; except t_hat the following
additional Rules and Re_~ulations shall also apply in this
City:
a.) Such person, firm or corporation ~ust obtain
a pernit for use of Restricted-Use Pesticides fror.~ the Pal~u
Beach County ~!ealth Depart~.ent which shall designate the tine
and place of use, shall be non-transferable, and shall expire
within twenty-four (~) hours.
b.) Before using3 any highly toxic pesticide,
reasonable and practical prior notice sl~all be given by the
applicant to property owner and/or occupants of property within
one hundred (100) feet of the area where such che~n~ical is to be
sprayed or spread in any :.:annero
c. ) Sprayin_~ Technique: ,~hall conforn to the
Florida State Board of !Tealth current r~gulations governing
co~,'u::ercial sprayinc of lawns and orna~.:ental shrubbery in
residential areas %,;it~t .qi~hly Toxic Pesticides. In addition
thereto, Highly To:{ic Pesticides x]ust be applied ~-;ith a Spraying
Syster:~.s Vee-Jet, or Delevan I,~F Series or sit,ilar type nozzle
operatinq~ at no greater pressure at the nozzle than eighty (80)
lbs. pressure per square inch.
d.) Disposal of containers of I{ighly Toxic
Pesticides shall be only in a sanitary landfill approved by the
Florida State Board of J.{ealth.
Section ~. i,[o person shall be granted a City License
to engage in residential pesticides spraying unless he has
already obtained a State Certificate per~.titting hi;u to apply
~r. J¢;seph C. Alvare~
Chief
Palm Beaeh ~o. ~{e~%h ~pt.,
We~% P~ Heath, ~erida
:~ .~ oii~r;f i~ciden~ %~k p~ on April 26, 1962 ~% ~:~..~t !1:~) ~.~,~.
.,. ~!.cc%e~ t,~m stron~ o~ U~l~ly a~ociat~d with Parathion lawn
~evv ::~ic .s '~U'tl? filled ~ f~llor~ container of ?arathion~ a ~ar%l/ .flll~d
~:-:::rd ~< t~:ck. T~n~,: wa~ 3/4 filled and capact%3 i~ arounc' ~0:.:)
: a~,,~d l.f he had notified ~y~e aad He said yem. I c~ed n~xt
no one ~:as ao~ie, f~l ~i~d~ ~re open. ;m ~ai~ thai he Co'~d find no
~ a[r~:ed, ho waraing c~d~ ~ availabl~- on t~ck.
~ c~:,:r, with t~m city ~aled that no lieem~e ~ ~en Cotain~d zlnce
bushel, s mhd been ~old (from ~;¥~e ~.o No~ D~enkopf). A ~ta~.e~e~ wa~
t~.en by E'e%. kod~c~:. He wa~ rel~a~ed ~th a w~ing to ~ave his e~ployer
c~l%ac~ the County }lealth E~p~., ~d meZ ~ ~pray ia Delr~~ ~tll he
obt~ned an ~cu~ati~al li~n~e. The ~le ~en a% 515 ~,.~;~. 13t~~ St.
~a~ ~cident~ dropped ~ b~ken lair i~ th~ ~y.
April 27, 1~62
~r. ~oz~ Duilenk~pF, 1261 N.E. 48~ 5%., P~o, n~ ~er of Wa~e
~pray ~r~, c~ ~ offi~ ~d ~quee%~. ~fo~atl~ reg~ding a
City oe~pation~
~e wa~- advised of the new city ordinanc~ regar~ln~ use of re~tri¢~ed
~e~icide~, (:>~. ~0)~ When he was told t~at the Cl~ ~ not
~n oecu~liou~ licenee to ~pray~en until a ~r~n~. SBH ~t~ license
nre~ented ~c ~hem, he a~'kec~ hc~ he might obtai~ ~e. He was referred
r~ ~:':!reu~n'~ off'ice for info,at!on.
you ~ill recall, the fl?~, of'
~ ~,~ ~al~.',~;z ~ae aske~ us to in~p~ct the
'.~'h~ sirra,7 ri{j i~ a ve~ ~:ood one
ni:~:, i, heiie~,e %~:a% he ha~ j~.~t
l~espectfu'lly submitted,
Highly Toxic Pesticides.
Section 5. ~ny person, firm or corporation violating
this Ordinance shall, upon conviction ~hereof, be punished as
provided by khe City Code of the City of Delray Beach governing
~he violation of City Ordinances.
Section 6. If any word, phrase, clause, section or
o~her portion of this ordinance shall be held invalid or
unenforceable by any cour~ of competent jurisdiction, such
holding shall not be deemed to affect ~he validity of the
remaining portions ~hereof, nor ~he enforceability thereof
under different circumstances no~ adjudicated°
Passed and adopted on one reading as an Emergency
Ordinance on ~rch 12th , 1962, to ±ake effec~ immediately.
Affidavit of Publication
THE DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach ~ounfy, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the un-~ersigned authority oe~onqlly
appeared ...~-~ :~~ ~ '~
~ho~ oath say~';i::'~~ ....
..;(....,~:~~f the Delray Beach
~ews-Journal, a weekly news~per published
Delray Beach in Palm Beach County, ~o~da; that
was p~lish~ in said ~wspaper in the issue
~fiant fur~er says that the said Delta7 Beach
News-Journal is a newspaper published at Delray
B~eh, in said Palm Beach County, Florida, and
that the ~id newspaper has heretofore been eon-
tinuousl~ published in s~d Pa~ Beach Coun{y,
Florida, each Thu~da7 and has been entered as
seeded class mail matter at the ~st office in
Delta7 Beach, in said Palm Beach County, Flor-
ida, for a period of one year next preceding the
first publication of the att.ached eop~ ~er-
~sement; and affiant further says that ..}~..~.~
has neither paid nor promised any person, firm
or eo~ration any discount, ~te, commission
or refund for the purpose ~ securing this adver-
~sement for publication in ~aid new~per~ ·
Sworn to and subscribed before me this
day Of ~~.~ ..... ,A.D.
~tary P,U~, ~ta[e oT~or,da at
My Com~ssion Exp res Nov, 6, 1964