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<article heading="Article 4. County Property and Parks.">
  <section heading="Sec. 33B-12. Neonicotinoid pesticides on County-owned property.">
    <paragraph indent="1">(a)   Prohibition.  Except as provided in subsection (b), a County employee or County contractor must not use a neonicotinoid pesticide on property owned by the County.</paragraph>
    <paragraph indent="1">(b)   Exceptions.</paragraph>
    <paragraph indent="2">(1)   A County employee or County contractor may use a neonicotinoid pesticide on County-owned property to control pests while engaged in agriculture.</paragraph>
    <paragraph indent="2">(2)   This Section does not apply to County-owned property that the Parks Department operates or manages for the County.</paragraph>
  </section>
  <section heading="Sec. 33B-13. Integrated pest management on County property.">
    <paragraph indent="1">(a)   Adoption of program.  The Department must adopt an integrated pest management program for all property owned by the County.</paragraph>
    <paragraph indent="1">(b)   Requirements.  Any program adopted under subsection (a) must require:</paragraph>
    <paragraph indent="2">(1)   monitoring the turf or landscape as appropriate;</paragraph>
    <paragraph indent="2">(2)   accurate record-keeping documenting any potential pest problem;</paragraph>
    <paragraph indent="2">(3)   evaluating the site for any injury caused by a pest and determining the appropriate treatment;</paragraph>
    <paragraph indent="2">(4)   using a treatment that is the least damaging to the general environment and best preserves the natural ecosystem;</paragraph>
    <paragraph indent="2">(5)   using a treatment that will be the most likely to produce long-term reductions in pest control requirements and is operationally feasible and cost effective in the short and long term;</paragraph>
    <paragraph indent="2">(6)   using a treatment that minimizes negative impacts to non-target organisms;</paragraph>
    <paragraph indent="2">(7)   using a treatment that is the least disruptive of natural controls;</paragraph>
    <paragraph indent="2">(8)   using a treatment that is the least hazardous to human health; and</paragraph>
    <paragraph indent="2">(9)   exhausting the list of all non-chemical methods and listed pesticides for the targeted pest before using any other treatments.</paragraph>
    <paragraph indent="1">(c)   The Department must provide training in integrated pest management for each employee who is responsible for pest management.</paragraph>
  </section>
  <section heading="Sec. 33B-14. County parks.">
    <paragraph indent="1">(a)   Policy.  It is the policy of Montgomery County to promote environmentally sensitive landscape pest management in its parks by phasing out the use of the most hazardous pesticides and reducing overall pesticide use while preserving landscape assets, maintaining functionality of playing fields, and protecting the health and safety of the public and County employees. To carry out this policy, the Parks Department must, subject to appropriation, implement the provisions of this Section.</paragraph>
    <paragraph indent="1">(b)   Pesticide-free parks.  The Parks Department must implement a pesticide-free parks program that, at a minimum, consists of:</paragraph>
    <paragraph indent="2">(1)   the maintenance of certain parks entirely without the use of registered pesticides other than listed pesticides;</paragraph>
    <paragraph indent="2">(2)   a program for reducing the use of registered pesticides other than listed pesticides on playing fields that includes:</paragraph>
    <paragraph indent="3">(A)   a pilot program consisting of at least five playing fields maintained without the use of registered pesticides other than listed pesticides that:</paragraph>
    <paragraph indent="4">(i)   is conducted in consultation with an expert in organic turf management, with experience in successful transitions from conventional to organic turf management; and</paragraph>
    <paragraph indent="4">(ii)   includes a publicly available plan describing the practices and procedures used;</paragraph>
    <paragraph indent="3">(B)   maintenance of all other playing fields using an integrated pest management program; and</paragraph>
    <paragraph indent="3">(C)   a plan submitted to the Council by September 2019 for transitioning to maintenance of all playing fields without the use of registered pesticides other than listed pesticides by 2020; and</paragraph>
    <paragraph indent="2">(3)   a public communication campaign to inform the public of the existence and progress of the pesticide-free parks program.</paragraph>
    <paragraph indent="1">(c)   Pesticide usage protocols.  The Parks Department must develop usage protocols which limit the use of registered pesticides other than listed pesticides to the maximum extent possible and, subject to the exceptions in subsection (d):</paragraph>
    <paragraph indent="2">(1)   do not permit the use of registered pesticides other than listed pesticides within 25 feet of a waterbody;</paragraph>
    <paragraph indent="2">(2)   except where immediate application is necessary to protect human health or prevent significant economic damage, include the posting of notice of each planned application of a registered pesticide other than a listed pesticide on the appropriate Parks Department website and in the area where the pesticide is to be applied, from at least 48 hours before application through at least 48 hours after application, that includes:</paragraph>
    <paragraph indent="3">(A)   the common name of the pesticide;</paragraph>
    <paragraph indent="3">(B)   the location of the application;</paragraph>
    <paragraph indent="3">(C)   the planned date and time of the application; and</paragraph>
    <paragraph indent="3">(D)   the reason for the use of the pesticide; and</paragraph>
    <paragraph indent="2">(3)   provide for pesticide application information required under paragraph (c)(2) to be made available to the public in real-time and in a manner consistent with the Montgomery County Open Data Act, Chapter 2, Article XIV of this Code.</paragraph>
    <paragraph indent="1">(d)   Exceptions.  The pesticide-free parks program and pesticide usage protocols may generally permit the application of a registered pesticide to:</paragraph>
    <paragraph indent="2">(1)   control weeds as defined in Chapter 58, Weeds;</paragraph>
    <paragraph indent="2">(2)   control invasive species listed in a regulation adopted under subsection 33B-5(c);</paragraph>
    <paragraph indent="2">(3)   control disease vectors;</paragraph>
    <paragraph indent="2">(4)   control biting or stinging insects or stinging plants;</paragraph>
    <paragraph indent="2">(5)   control organisms that threaten the health of trees or shrubs;</paragraph>
    <paragraph indent="2">(6)   remove weeds as part of the renovation of a playing field;</paragraph>
    <paragraph indent="2">(7)   control pests while engaged in agriculture; and</paragraph>
    <paragraph indent="2">(8)   otherwise protect human health or prevent significant economic damage.</paragraph>
    <paragraph indent="1">(e)   Reporting requirement.  The Parks Department must submit semi-annual reports to the County Executive and County Council on or before January 15 and July 15 of each year that:</paragraph>
    <paragraph indent="2">(1)   detail registered pesticide usage, other than listed pesticide usage, in County parks during the preceding year, including:</paragraph>
    <paragraph indent="3">(A)   the common name of each registered pesticide used;</paragraph>
    <paragraph indent="3">(B)   the location of each application;</paragraph>
    <paragraph indent="3">(C)   the date and time of each application; and</paragraph>
    <paragraph indent="3">(D)   the reason for each use of a registered pesticide;</paragraph>
    <paragraph indent="2">(2)   describe the status of the pesticide-free parks program implemented under this Section; and</paragraph>
    <paragraph indent="2">(3)   are available to the public in a manner consistent with the Montgomery County Open Data Act, Chapter 2, Article XIV of this Code.</paragraph>
  </section>
</article>