§ 3-18. Use of pesticides.

(a)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Pesticide shall mean:

(1)

Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; or

(2)

Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

Restricted use pesticide shall mean any pesticide when applied in accordance with its directions for use, warnings and cautions and for the uses for which it is registered, or for one (1) or more of such uses, or in accordance with widespread and commonly recognized practice, the director of the department of agriculture of the state has determined may cause, without additional regulatory restrictions, unreasonable adverse effects on the environment, including injury to the applicator.

Use and using shall mean the mixing, applying, storing or disposing of a pesticide or the filling of a container affixed to an aircraft with pesticide.

(b)

No person other than one licensed by the state pursuant to the Missouri Pesticide Use Act (RSMo. 1979, Sections 281.010 to 281.115) shall use any restricted use pesticide or any container containing a restricted use pesticide upon the confines of Kirksville Regional Airport.

(c)

Any person using a restricted use pesticide upon the confines of the Kirksville Regional Airport shall first furnish to the city evidence of financial responsibility consisting of either a surety bond or a liability insurance policy protecting persons who may suffer legal damages as a result of the operations of the person using restricted use pesticides.

The amount of the bond or insurance shall be not less than one hundred thousand dollars ($100,000.00) for property damage and bodily injury, each separately and for each occurrence. This bond or insurance shall include coverage for any loss or damage arising from the use of any pesticide.

(d)

It shall be unlawful for any person to knowingly cause any restricted use pesticide to come in contact with any portion of the runway, flight service area or terminal area or any other portion or part of the grounds of the Kirksville Regional Airport.

(e)

It shall be unlawful for any person to wash any airplane with a container affixed thereto containing a restricted use pesticide, or to rinse or clean the tanks or other container affixed to any airplane containing a restricted use pesticide, while the aircraft is located within the confines of the Kirksville Regional Airport.

(f)

No person on any day shall possess, store or otherwise use a container containing a restricted use pesticide or residue, unless affixed to an aircraft, within the confines of the Kirksville Regional Airport between the hours of 10:30 p.m., and 4:00 a.m.

(g)

Any person who shall violate any provision of this section shall be guilty of a misdemeanor.

(Ord. No. 10410, §§ 1—9, 5-6-80; Ord. No. 11880, § 2, 7-20-2009)