ORDINANCE NO. BL2007-1389 - SEE OUR NOTES ABOUT THE CURRENT POLICY INCLUDED IN
RED.
(Passed on August 7, 2007 without audible objection
from even one council member.)
An ordinance amending Chapter 10.32 of the Metropolitan Code of Laws
relative to informing and protecting the public upon the spraying of
airborne pesticides by the Metropolitan Department of Health to control
mosquitoes and other pests.
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE
AND DAVIDSON COUNTY:
Section 1. That Chapter 10.32 of the Metropolitan Code of Laws be
amended to add the following new Section 10.32.180:
10.32.180 Government use of airborne pesticides - Public notification
and protection.
In the event the department of health deems airborne pesticide spraying
is necessary to manage and control mosquitoes or other pests, the
department of health shall take the following actions to inform and
protect the citizens of the metropolitan government prior to the use of
such airborne pesticides:
A. Post clearly visible and legible signs informing neighborhood
residents that the department of health will be spraying airborne
pesticides not less than forty-eight (48) hours prior to spraying
pesticides in the area. The department of health will use their best
efforts to post the signs within 100 feet of all entry intersections
around the perimeter of the affected spray area and all major artery
intersections within the affected spray area. Such signs shall include,
but not be limited to:
1. Day of the week and time of spraying.
2. A contact number for the health department regarding the use of
airborne pesticides.
3. A contact number to call to opt out of the pesticide spraying.
The current policy does not designate where signs
will be placed. Short of emergencies that require spraying by plane or
spraying of large areas, there is no acceptable excuse for not following
the sign requirements. The MPHD has a 6 year history of not putting the
public's best interest first when they spray. There are a number of
staff members who are known for not following the policies and protocols
they had in 2003-2006. This is why we feel this policy MUST be explicit
and there MUST be a commitment to uphold the policy by the new
director.
B. The department of health will notify
everyone owning a landline phone within the affected area by automated
phone message. Upon the written request by any resident within the area
of the metropolitan government, the department of health shall register
residents to receive written notice by email informing them when the
department of health will be spraying airborne pesticides in their
neighborhood. Residents will receive notice not less than forty-eight
(48) hours prior to spraying pesticides in the area. The notice shall
include, but not be limited to:
1. The date, time and location of spraying.
2. A contact number for the health department regarding the use of
airborne pesticides.
3. The procedure residents can use to opt out of the pesticide
spraying.
The current policy now will comply with the law
except that there will be no optout statement since they are removing
this ability.
C. The following spraying exemptions shall
be implemented by the department of health:
1. Residents who opt out of the spraying program will be granted a
minimum buffer of 150 feet from the property line. This buffer may be
removed if the director of health determines that a documented threat to
public health exists in the area schedule to be sprayed. The department
of health will use its best efforts to notify residents in advance if
the buffer is removed.
Under the current policy, no one will be able to
opt out - no matter what the reason or health issue.
2. Airborne pesticide spraying shall be postponed to another day if
there is an air quality alert on the date of the scheduled spraying.
There is no mention of this in the revised policy.
If you or some one you love is in the high risk group during air quality
alerts - you should let them know what you think about tossing this out
the door. We believe provisions like this should remain if there are
mild threats. Citizens have reported having attacks after their
neighborhoods were sprayed. Asthma attacks can kill. There is no
evidence that spraying by truck has ever reduced human West Nile virus
incidence. If we are not sure we are gaining anything but a 5-10 day
knock down of mosquitoes, why risk the health of 1/3 of Nashville's
population who are at high risk during air quality alerts?
3. It shall be the policy of the
department of health that spray truck drivers or other staff shall turn
off the spray and verbally warn pedestrians or residents visible on
streets or yards, and not resume spraying within approximately three
hundred feet of such pedestrians or residents.
The current policy states (under a special Public
Relations heading): "Because of potential for public concern,
reasonable efforts to avoid spraying groups of people will be taken. For
example, spraying in public parks where large numbers of people have
congregated will be delayed and the area will be sprayed at a later
hour."
Dr. Paul is unwilling to state that drivers should turn off the spray if
an individual or a few people are clearly visible. We have personal
knowledge of how citizens have suffered since volunteers in our
organization have taken reports from a number of victims of the two
spray truck drivers from 2003-2006. Besides finding the experience
traumatizing, a number of them experienced skin burning, eyes watering,
respiratory problems and coughing. Three were left with red rashes. Two,
who were sprayed at close range, lost lung capacity. The lead and
following trucks referred to in the policy did nothing to stop
pedestrians from being left in a cloud of pesticide in the Fisk Park
area in 2006. The staff of the MPHD knew their supervisors would not
enforce rules. These drivers did what they wanted and violated policy.
If the MPHD staff and drivers of these trucks want to experiment with
their loved ones, put them out on the street, and see how they do when
they are breathing a cloud of pesticide then let them go ahead and do it
but Nashville citizens do not want take part in their science
experiment.
D. The department of health shall be
relieved from any of the foregoing requirements of this section if the
director of health determines that a documented threat to public health
exists.
This clause is being used by the Health
director, Dr. Bill Paul, to do as the Health Department desires ANY time
they elect to spray. It does not matter if a health threat exists that
is moderate or extremely severe - he has decided that they will deny
citizens a large portion of the protections in this law ANY time they
spray. We believe that level 3 "health threats" should allow citizens to
opt out - especially since they opt themselves out when they do not
spray areas that are inaccessible by truck. If a threat is not severe
enough to blanket an area, citizens should maintain their right not to
opt out. Only in the most severe cases should they forego all of the
protections provided by this ordinance.
THE GOOD NEWS is the policy was revised to include: