ORDINANCE NO. 405
AN ORDINANCE CREATING SECTION 10.11 OF THE MUNICIPAL CODE OF THE TOWN OF DELAVAN RELATING TO REGULATION OF BIRD FOGGERS.
February 22, 2022
The Town Board of the Town of Delavan, Walworth County, Wisconsin, does hereby ordain as follows:
SECTION 1. Purpose. The purpose of this ordinance is to create Section 10.11 of the Municipal Code of the Town of Delavan relating to the regulation of bird foggers.
SECTION 2. Section 10.11 created. Section 10.11 of the Municipal Code of the Town of Delavan is hereby created to provide as follows:
10.11 REGULATION OF AUTOMATIC BIRD FOGGERS
(a) Automatic Bird Fogger shall be defined as any device that creates a fog or mist typically containing a chemical intended to repel or kill birds.
(b) Label Directions shall refer to product labeling and directions of use as approved by the United States Environmental Protection Agency or any other Federal or State Agency having jurisdiction to control or regulate product labeling.
2) RESTRICTIONS ON USE OF BIRD FOGGERS
(a) No bird fogger may be used in any Residence or Business District as established pursuant to the provisions of any applicable zoning ordinance
(b) All bird foggers must be operated in strict compliance with Label Directions.
(c) No bird fogger may be used or employed in such a manner that it will result in the application of chemicals in a manner which will contact workers or other persons directly or through drift.
(d) Bird foggers shall only be used under circumstances where no human or non-target animals are at risk for exposure to the application directly or through drift.
(e) No bird fogger may be used in such a manner as to result in direct application of any chemical products to food crops.
(f) No bird fogger may be placed or located within 25 feet of the nearest property boundary.
(g) Bird foggers shall be placed in such a manner that the spray nozzle is directed away from and at least 25 feet from any adjoining properties.
(h) No more than one bird fogger may be employed per every 40,000 square feet of property area or fraction thereof within any residentially zoned district.
(i) Bird foggers shall be operated during daylight hours only.
(a) Any person failing to comply with the provisions of this section will be subject to the penalties as provided in Section 25.04 of this Municipal Code.
SECTION 3. Severability. Each section, subsection, paragraph, sentence, clause, phrase, and provision of the foregoing Ordinance is and the same is hereby declared to be severable and if any portion or provision thereof is duly determined to be invalid for any reason, such determination shall not invalidate any other portion or provision thereof.
SECTION 4. Effective Date. This Ordinance shall take effect and be enforced following its passage and posting as required by law.
Adopted by the Town Board of the Town of Delavan, Walworth County, Wisconsin this 22nd day of February, 2022.
TOWN OF DELAVAN
WALWORTH COUNTY, WISCONSIN