The Ordinance Committee will meet in the Jordan Conference Room at Town Hall at 7:00 p.m. Wednesday, July 26, 2023 to continue review of proposed amendments to the Pesticide Ordinance.  The following items are also included on the July 26 Agenda: Home Business Amendments; Conservation Ordinance Events Amendments; and Discussion on next steps for LD 2003 Amendments.

On March 13, the Town Council voted in favor of sending a  Citizens Petition Relating to the Enactment of a Residential Pesticide Use Ordinance to a November 7, 2023 Referendum, as well as voting in favor of sending the petition to the Ordinance Committee for their review prior to the referendum.  The Ordinance Committee has reviewed the proposed ordinance on three occasions: May 10, June 8, and June 28.  The proposed ordinance prohibits the use of pesticides for the maintenance of lawns or for cosmetic or ornamental landscaping on privately owned residential properties -- with exceptions and exclusions. The Cape Elizabeth Residential Pesticide Use Ordinance draft as of July 26 also exempts commercial agriculture and municipal property.  However, the committee has asked that staff prepare a draft policy on pesticide use on town properties. 

Exclusions are listed as follows, with the condition that they are used according to label directions:  Pesticides applied within the interior of a residential structure or accessory structure for storage or animals; Pet supplies such as shampoos and tick/flea treatments; Insect repellants for bodily application; Rodent control products; Swimming pool supplies; General use paints, stains, and wood preservatives and sealants upon fences or similar exterior structures; Disinfectants, germicides, bactericides, miticides, and virucides; and Pesticide applications specifically targeting the control of invasive pet infestations identified by the Maine Forest Service, the Maine Department of Agriculture, Conservation and Forestry, Maine CDC, Maine Department of Inland Fisheries and Wildlife, or Maine Department of Marine Resources.

Exempt pesticides used according to label directions include: Synthetic substances specifically listed as allowed on the U.S. Department of Agriculture's "National List" of Allowed and Prohibited Substances; Non-synthetic substances that are not listed as prohibited on the "National List";" Pesticides determined to be "minimum risk pesticides" pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act and listed in 40 C.F.R. 152.23 (f)(1) or (2), as may be amended from time to time.

The proposed draft ordinance includes waivers in the event of specific emergency situations and will be granted by the Code Enforcement Officer on a case-by-case basis.

To follow the progress of the proposed Cape Elizabeth Residential Use Ordinance, please visit the Town's Pesticide Ordinance page located under the Town Spotlight.