VILLAGE OF LIONS BAY
BY-LAW NO. 343
A By-law to Regulate Certain Uses of Pesticides and Herbicides
in the Village of Lions Bay
WHEREAS
pursuant to Section 523(1)(a) of the Local Government Act Council may, regulate for the purposes of maintaining, promoting or preserving public health or maintaining sanitary conditions, and undertake any other measures it considers necessary for those purposes.
pursuant to Section 523(1)(a) of the Local Government Act Council may, regulate for the purposes of maintaining, promoting or preserving public health or maintaining sanitary conditions, and undertake any other measures it considers necessary for those purposes. WHEREAS the Minister of Health Services has approved those sections of this By-law that require the consent of the Minister under Section 523(2) of the Local Government Act.
the Minister of Health Services has approved those sections of this By-law that require the consent of the Minister under Section 523(2) of the Local Government Act.WHEREASit is the opinion of Council that, for the benefit of individuals and the public at large, there must be regulations and prohibitions regarding the use of pesticides in the Village of Lions Bay;
it is the opinion of Council that, for the benefit of individuals and the public at large, there must be regulations and prohibitions regarding the use of pesticides in the Village of Lions Bay;THEREFORE BE IT RESOLVED THAT the Council of the Village of Lions Bay in open meeting assembled, enact as follows:
This By-Law may be cited as "The Village of Lions Bay Pesticide and Herbicide Control Bylaw No. 343, 2002."
DEFINITIONS
1.In this Bylaw, unless the context otherwise requires:
In this Bylaw, unless the context otherwise requires:"herbicide"means any chemical used for the purpose of removing destroying, or deterring plant life;
means any chemical used for the purpose of removing destroying, or deterring plant life;"pesticide" means any chemical used for the purpose of removing, destroying, or deterring insects;
means any chemical used for the purpose of removing, destroying, or deterring insects;"wildlife"means any mammals, birds, or fish living in or about Lions Bay.
means any mammals, birds, or fish living in or about Lions Bay.PROHIBITION OF USES
2.Except where specified in the provisions of this Bylaw, no person shall use, or allow to be used, any pesticide or herbicide on public or private property without the express written consent of the Village of Lions Bay.
Except where specified in the provisions of this Bylaw, no person shall use, or allow to be used, any pesticide or herbicide on public or private property without the express written consent of the Village of Lions Bay.3.Only pesticides and herbicides that are deemed to be non-toxic, or of a nature that is not capable of causing harm to residents, pets, or wildlife in Lions Bay may be permitted.
Only pesticides and herbicides that are deemed to be non-toxic, or of a nature that is not capable of causing harm to residents, pets, or wildlife in Lions Bay may be permitted.PUBLIC AWARENESS
4.Beginning September 1st, 2002, the Council of the Village of Lions Bay will promote education and awareness about the uses and effects of pesticide and herbicide use in Lions Bay.
Beginning September 1st, 2002, the Council of the Village of Lions Bay will promote education and awareness about the uses and effects of pesticide and herbicide use in Lions Bay.COMMENCEMENT
5.Beginning September 1st, 2002, sections 2 and 3 of this bylaw will come into effect for all municipal and public property.
Beginning September 1st, 2002, sections 2 and 3 of this bylaw will come into effect for all municipal and public property.6.Beginning January 1st, 2003, sections 2 and 3 of this bylaw will come into effect for all privately owned property in Lions Bay.
Beginning January 1st, 2003, sections 2 and 3 of this bylaw will come into effect for all privately owned property in Lions Bay.BY-LAW NO. 343 Page 2
A By-law to Regulate Certain Uses of
Pesticides and Herbicides in the Village of Lions Bay
EXEMPTION
7.A resident may apply to Council with the signatures of all residents whose property is within 50 metres of the applicant's property to use a prohibited pesticide or herbicide.
A resident may apply to Council with the signatures of all residents whose property is within 50 metres of the applicant's property to use a prohibited pesticide or herbicide.8.No exemption shall be given to an applicant whose property is within 50 metres of:
No exemption shall be given to an applicant whose property is within 50 metres of:a)a person whose health could be put to risk by such pesticide or herbicide use;
a person whose health could be put to risk by such pesticide or herbicide use;b)any school, licensed day care, park, playground, or outdoor public facility.
any school, licensed day care, park, playground, or outdoor public facility.9.A list of chemicals that are permissible for use as a pesticide or herbicide will be kept by the Village of Lions Bay. This list can be added to by Council without amendment to this bylaw.
A list of chemicals that are permissible for use as a pesticide or herbicide will be kept by the Village of Lions Bay. This list can be added to by Council without amendment to this bylaw.PENALTY
10.(a)Every person who violates any of the provisions of this Bylaw
(a)Every person who violates any of the provisions of this Bylaw shall by guilty of an offence punishable on summary conviction and shall be liable to a fine not exceeding the maximum penalties set by the Offence Act.
(b)Where a person contravenes any provision of this Bylaw, each day the contravention continues is a separate offence.
Where a person contravenes any provision of this Bylaw, each day the contravention continues is a separate offence.READ A FIRST TIMEthis8th day of July, 2002.
this8th day of July, 2002.APPROVED BY THE MINISTER OF HEALTH SERVICES
this day of , 2002.READ A SECOND TIMEthis day of , 2002.
this day of , 2002.READ A THIRD TIMEthis day of , 2002.
this day of , 2002.ADOPTEDthis day of , 2002.
this day of , 2002._____________________Mayor_____________________AdministratorCertified a true copy
of By-law No. 343
as adopted.
___________________
Administrator
