ORDINANCE NO. 2003-37
AN ORDINANCE PROHIBITING PESTICIDE SPRAYING FOR THE WEST NILE VIRUS (WNV) IN THE CITY AT THIS TIME AND DECLARING AN EMERGENCY
WHEREAS, the City is currently scheduled to have the Cuyahoga County Board of Health implement spraying of pesticides from ground level within the City in an effort to help control the spread of the West Nile virus (WNV); and
WHEREAS, the West Nile virus is a mosquito-borne virus; and
WHEREAS, ground based spraying has not been shown to be effective in controlling the mosquito populations especially in an urban environment; and
WHEREAS, neither the U.S. Environmental Protection Agency (EPA), nor the Centers for Disease Control (CDC) have provided scientific studies showing that spraying pesticides on adult mosquitoes reduces the incidence of West Nile virus (WNV) in people; and
WHEREAS, the Centers for Disease Control says that spraying pesticides intended to kill adult mosquitoes is usually the least efficient mosquito control measure; and
WHEREAS, it has been stated by experts that broadcast spraying may hit less than 0.1% of the mosquito population; and
WHEREAS, the spraying of pesticides possesses a potential risk to personal health and the environment; and
WHEREAS, the U.S. Environmental Protection Agency (EPA) says that no pesticide can be considered "safe" and Federal law specifically prohibits manufacturers of pesticides from labeling their products as "safe or non-toxic" even when used as directed; and
WHEREAS, there is substantial belief that the more effective way of controlling the mosquito population is by larvacide treatment and thorough education of the City's residents regarding methods and procedures to minimize exposure to the virus; and
WHEREAS, this Council finds that the risk/benefit analysis conducted by experts clearly indicates that the dangers of WNV are minimal and affect a very small segment of the population and that the long-term health and environmental risks of spraying with synthetic pesticides poses a much greater risk; and
WHEREAS, this Council, in an effort to protect its residents from the potential health risks associated with exposure to pesticides especially where such exposure appears to have very little, if any, benefit to the residents, and in an effort to implement the most effective measures to help control the spread of WNV, desires to prohibit spraying of pesticides within the City by the Cuyahoga County Board of Health relative to WNV and requires the implementation of any and all other measures. Now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNDHURST, CUYAHOGA COUNTY, STATE OF OHIO, THAT:
SECTION 1. The spraying of pesticides within the City of Lyndhurst by the Cuyahoga County Board of Health in an attempt to control the spread of the West Nile virus is prohibited at this time and until further notice, and the Mayor is hereby directed to immediately so notify the Cuyahoga County Board of Health.
SECTION 2. The City administration is hereby directed to continue and/or implement larvacide treatment throughout the City and to establish means and procedures for the education of the residents of the City on how they can best protect themselves.
SECTION 3. This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
SECTION 4. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the health, safety and welfare of the residents of the City of Lyndhurst for the reasons stated in the preambles above. Therefore this Ordinance shall take effect immediately upon the affirmative vote of not less than five members elected to Council and signature by the Mayor or otherwise at the earliest time allowed by law.