Pesticide Ordinance History


Chapter 28, Residential Pesticide Use Ordinance Amendments adopted May, 13, 2024

The approved amendments take effect June 12, 2024



Pursuant to Council-Manager Charter Article VIII Sec. 3 Petition for enactment of ordinance, a citizens petition entitled Petition for Enactment of Cape Elizabeth Residential Pesticide Use Ordinance was filed with the Town Clerk on February 10, 2023. On February 13, 2023, the Town Council scheduled a Special Meeting to hold a public hearing, in accordance with the Charter, for March 1.  On February 28, the certification of signatures was completed by the Town Clerk with a sufficient number of signatures to move to public hearing. Within 30 days after the public hearing the council must schedule the referendum vote, unless prior to the referendum vote, such ordinance shall be enacted by the council. Scheduling the election date is at the discretion of the council.

On March 13 the Town Council voted 6-0 to send the Citizen Petition to a November 7, 2023 referendum.  In addition, the council voted 6-0 in favor of sending the citizen petition to the Ordinance Committee.  Chair Jeremy Gabrielson stated, "My hope is that the Ordinance Committee could look at two sets of revisions.  The first would be minor revisions to the ordinance, such as adding definitions.  The second would be to include other consensus recommendations by the Ordinance Committee on how to make this ordinance a better fit for the community [and including] applying the ordinance to municipal and residential properties."



PESTICIDE ORDINANCE REVIEW STATUS:


Chapter 28, Residential Pesticide Use Ordinance Amendments adopted May, 13, 2024



NOTES:



   May 13, 2024





Town Council Meeting & Public Hearing





Following the Public Hearing, the council voted 6-0 in favor of approving the proposed amendments to the Residential Pesticide Use Ordinance as recommended by the Ordinance Committee.
 
   April 8, 2024




Town Council Meeting




Town Council votes in favor of sending Chapter 28 Residential Pesticide Ordinance as recommended by the Ordinance Committee's to a public hearing on May 13, 2024

   March 25, 2024


Town Council Ordinance Committee


Committee votes 2-0 in favor of forwarding Pesticide amendments to Town Council.

   March 6, 2024









Town Council Ordinance Committee










Consideration given to further revisals of draft amendments relating to waivers of larger lot sizes; what should be on the invasive species list;
Waivers may be appealed if issued or denied -- aggrieved appeals accepted by abutting properties within 10 days.
Sections 8 and 9 moved to the waiver section.
Committee will pick up discussion at the next meeting.

   February 15, 2024



Town Council Ordinance Committee




Consideration give to granting waivers and exceptions for invasive species.
Suggestion to have Public Works Director respond to waiver requests.

   February 12, 2024



Town Council Meeting



Town Council considers motion to resend Alternative Pesticide Ordinance to the Ordinance Committee for further review following the February 5, 2024 Workshop

   February 5, 2024





Town Council Workshop





Alternative Pesticide Ordinance
On September 11, 2023, the Town Council referred the alternate pesticide ordinance drafted by the Ordinance Committee to workshop to discuss the proposed Notification process as outlined in section H. Notification.

~ December 12, 2023

Effective Date for citizen approved referendum.



~ December 11, 2023

Town Council Meeting

Town Council to acknowledge and adopt ordinance.
~  November 13, 2023Town Council Meeting


Town Council delays acknowledging and adopting ordinance.  ARTICLE

 November 7, 2023


ELECTION:  Residential Pesticide Use Ordinance Referendum on ballot


Voters pass referendum:
2291 YES
1493 NO
612 BLANK
 ~ September 11, 2023



Town Council
Meeting Materials


The Town Council voted to refer the Pesticide Ordinance to a future workshop to review waivers vs. notifications.  Vote 7-0

 ~ August 14, 2023






Town Council
Meeting Materials





Responding to a request from guidance from the Town Clerk, the Town Council voted to Authorize the Municipal Election Warrant for November 7, 2023 with a summary of the Pesticide Ordinance referendum -- instead of printing the ordinance in its entirety.  Vote 7-0 in favor of the summary.

 ~ August 8, 2023



Ordinance Committee
Meeting Materials


Committee moved to send the Pesticide Ordinance to the Town Council for review and to consider a public hearing be set.  Vote 3-0 in favor.

  July 26, 2023


Ordinance Committee
Meeting Materials


 ~  June 28, 2023






Ordinance Committee
Meeting Materials & VIDEO





Committee hears from Public Works Director on pesticide use on town-owned land.

Committee agrees that staff should prepare a draft policy on pesticide use on town properties for review; decide to leave municipal property as exempt from ordinance for now.

 ~  June 8, 2023


Ordinance Committee
Meeting Materials & VIDEO


 ~  May 10, 2023


Ordinance Committee
Meeting Materials & VIDEO


 ~  March 13, 2023





Town Council
Meeting Materials & VIDEO




1. Council votes to send citizen petition to November 7, 2023 referendum.

2. Council votes to send citizen petition to Ordinance Committee.

 ~  March 1, 2023


Town Council Special Meeting & Public Hearing
Meeting Materials & VIDEO

1. No action taken.


 ~  February 28, 2023



1. Town Clerk provides certification of signatures for citizen petition.

 ~  February 13, 2023


Town Council
Meeting Materials & VIDEO

1.  Council votes to send citizen petition to public hearing on March 1, 2023,

 ~  February 10, 2023




1.  Petition for Enactment of Cape Elizabeth Residential Pesticide Use Ordinance was filed with the Town Clerk.


DOCUMENTS, RESOURCES, & PRESENTATIONS:

CE Proposed Residential Pesticide Use Ordinance as of 9/11/23
Policy Regarding Use of Pesticides (DRAFT)
CE Proposed Residential Pesticide Use Ordinance as of 8/2/23
CE Proposed Residential Pesticide Use Ordinance as of 7/26/23
CE Proposed Residential Pesticide Use Ordinance
O'Brien Landscape Agronomy Presentation May 10, 2023
South Portland SurveysResults:
Pesticide Ordinance Survey spreadsheet
Gary Fish, State Horticulturist Information:
Clarifications About Organic Lawn Care and Organic Pesticides
Integrated Pest Management  (IPM) EPA
Integrated Pest Management  (IPM) State of Maine
Oregon National Pesticide Information Center
Costigan/Bernstein Shur March 8, 2023 Email
More: Community Spotlight