Chapter 2 — SCHOOL PROTECTION ACT

Section

• 29.0201 Purpose and Authority.

• 29.0202 Definitions.

• 29.0203 Notification Requirement.

• 29.0204 Restrictions on Application Methods.

• 29.0205 Restrictions on Timing.

• 29.0206 Exemptions.

• 29.0207 Violations.

The purpose of this chapter is to establish, pursuant to Food and Agricultural Code §§ 11503 and 11503.5, timing, notification, and method of application regulations concerning the agricultural use of pesticides by those persons engaged in commercial agriculture at sites adjacent to public and private school sites in order to protect the persons at the school sites from exposure to pesticides. (Ord. 4079, passed - -2009)

For the purposes of this Chapter, the following words and phrases are defined and shall be construed as having the following meaning: ADJACENT. Sharing a common property line or point on the perimeter of the properties. Properties separated by a roadway or easement less than 100 feet wide shall be considered to be adjacent. Parcels forming a single commercial agriculture operation shall be considered a single property. The requirements of this Chapter shall not extend to portions of an adjacent commercial agriculture operation more than one-quarter of a mile from the adjacent school site. AGRICULTURAL COMMISSIONER. The Agricultural Commissioner for the Department of Agriculture/Weights and Measures of the County of San Bernardino. COMMERCIAL AGRICULTURE. Any person engaged in the business of raising crops, nursery stock, animals, or producing animal products for profit. PERSON. Any person, firm, corporation, business, or association. PESTICIDE. As defined in Food and Agricultural Code § 12753. SCHOOL SITE. Any public or private facility used as a child day care facility, as defined in Health and Safety Code § 1596.750, or for kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, vehicles, or any other area of the property visited or used by pupils. (Ord. 4079, passed - -2009)

(a) Any person intending to apply a pesticide for commercial agriculture at sites adjacent to public and private school sites shall provide notification to the Agricultural Commissioner no less than 24 hours prior to the start of the pesticide application. Notification shall be provided to the Agricultural Commissioner in person, in writing, by phone, or by fax in the same manner as the notification for applying a restricted material. (b) The date, time and method of the application, the pesticide to be applied, and the name of the adjacent school site shall be included in the notification. (c) The Agricultural Commissioner may forward all notifications received to the appropriate school site. (Ord. 4079, passed - -2009)

Any person applying a pesticide for commercial agriculture at sites adjacent to public and private school sites shall comply with the following restrictions on application methods: (a) No pesticide shall be applied by aircraft. (b) Pesticides applied by powered equipment when the application is to foliage or trees higher than 36 inches from the ground and the spray is not directed perpendicular to the ground, are subject to the restrictions on timing as described in § 29.0205 below. (c) Pesticides applied by a vector control agency or during a declared emergency are exempt from the restrictions on application methods. (Ord. 4079, passed - -2009)

Any person applying a pesticide for commercial agriculture at sites adjacent to public and private school sites shall not apply a pesticide bearing the signal word “DANGER-POISON” within one hour of the start of formal classroom instruction or within two hours of the end of formal classroom instruction of the adjacent school site, or within one hour of the start or opening of the preschool or day care center, or within two hours of their closing. (Ord. 4079, passed - -2009)

The following types of pesticides are exempt from the requirements of §§ 29.0203 and 29.0205 of this Chapter: (a) Pesticides bearing the signal word “CAUTION” on the product label unless the application method is by air or the spray is not directed downward. (b) Rodent control pesticides placed below ground regardless of toxicity level. (c) Pesticides bearing the signal word “WARNING” when applied using non-powered handheld or backpack sprayers. (d) Pesticides applied within a structure such as a greenhouse if the ventilation of the structure is not directed towards the school site. (Ord. 4079, passed - -2009)

(a) Unless otherwise provided, any person violating any provision of this Chapter shall be guilty of an infraction or misdemeanor as hereinafter specified. (b) Each day or portion thereof such violation is in existence shall be a new and separate offense. (c) Any person so convicted shall be: (1) Guilty of an infraction and punished by a fine not exceeding $100.00 for a first offense; (2) Guilty of a misdemeanor for the second and any additional offenses and punished by a fine not exceeding $1,000.00 or six months in jail, or both. (d) Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. (e) Payment of any fine or service of a jail sentence shall not relieve a person from the responsibility of correcting the condition resulting from the violation. (f) In addition to all other remedies provided by this Chapter or state law, in the event of continuing violation of the provisions of this Chapter, the Agricultural Commissioner may seek injunctive relief to restrain further violation. (g) In lieu of criminal prosecution, the Agricultural Commissioner may impose a civil penalty pursuant to the provisions of California Food and Agricultural Code § 12999.5 and California Code of Regulations § 6130. (Ord. 4079, passed - -2009)