WHY WAS THIS ORDINANCE NECESSARY?

We want to be clear, we support spraying of pesticides in emergencies to protect public health. This ordinance does not limit the Health Department's power in any way. It DOES require that when spraying is done, it be done responsibly. The MPHD's Pest Management Department has a history of poor protocol, policy violations (including spraying neighborhoods with less than 35 mosquitoes in 2006), inconsistent policies, and refusal to acknowledge that there are ANY risks to using pesticides. Supervisors do not hold staff accountable when they fail follow the policies. In additon, their written policy and stated policies are not consistent with each other. It is not uncommon for staff members stated policies to be inconsistent with each other as well. Their attitude and refusal to address these failures and inconsistencies have resulted in the need for legislation to protect people in our community.

We have taken reports and affidavits from over 26 citizens who have had adverse reactions to the pesticide being sprayed by Metro since 2003. (4 had asthma, 7 had a history of hypersensitivity to pesticides- many of whom became ill even in the safety of their own home. At least 9 people were normally healthy people who were exposed to the pesticide due to poor notification. 7 of these reports were from pedestrians who were sprayed with pesticide while in plain view of the drivers.

This ordinance will help prevent incidents like this from happening to citizens so frequently. Currently, there are two civil suits against the MPHD for injuries sustained by 3 citizens. We want to prevent illness and injury to the public. We also want taxpayer dollars to be spent on our community not on expensive lawsuits.

Rather than considering the health merits of our requests, the MPHD officials react as if the only reason we would complain or legislate is to remove pesticides from the table totally. This is not the case. Citizens deserve the right to be guaranteed notification and basic protections when chemicals are being massed sprayed in our neighborhoods.

The ordinance was passed on August 7, 2007 and is listed below.

ORDINANCE NO. BL2007-1389

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.

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.

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.

2. Airborne pesticide spraying shall be postponed to another day if there is an air quality alert on the date of the scheduled spraying.

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.
(Our note: Citizens need this protections. We obtained a video last summer showing a driver spraying with a resident who was clearly in the front yard. A citizen also observed them spraying pedestrians this summer in an urban neighborhood in North Nashville. We have had numerous reports from citizens of being sprayed or seeing people getting sprayed from 2003-2006. The MPHD claims their policy is to shut off the spray when people are in plain view of the drivers. Therefore, making this law should be of no consequence to the Health Department. )

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.

(Our note: We are not happy about this clause but we feel that the council has made it clear to the Health Department that the mandates in this ordinance should be followed unless the threat is so serious that it does not give them time to notify or they must spray aerially.)

Section 2. That this Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.