Landcare Management Advisory Committee — Portland, ME
Date: 2025-02-04
Time: 18:30

City of Portland
Landcare Management Advisory
Committee

Tuesday, February 4, 2025 at 6:30 PM The LMAC will
conduct this meeting remotely via Zoom. Allow your
computer to install the free Zoom app to get the best meeting
experience. If you are not able to attend live either in person
or via Zoom, a recording will be available in the Agenda
Center following the meeting.

For public comment via Zoom, you will need to use the "raise
your hand" feature. To raise your hand via the telephone,
please hit *9. You will be unmuted by the host when it is time
for public comment.




To submit written public comment on an agenda item, email landcare@portlandmaine.gov. Submissions must
be received by 12:00 pm the day before the LMAC meeting to guarantee their inclusion in the agenda packet.
All submissions must include the commenter's name and legal address. To help ensure your comment is
submitted for the correct item, please include the name of the agenda item (see below).

REMOTE ACCESS INFORMATION:
For public comment via Zoom, you will need to use the "raise your hand" feature. To raise your hand via the
telephone, please hit *9. You will be unmuted by the host when it is time for public comment.

https://portlandmaine-gov.zoom.us/j/88652986949?pwd=mgaAiPTjR3MbmkS6QZIZQA8LBu4Tzc.1

1. Welcome and Check Ins
2. Review and Approve Minutes from October 1, 2024
 a. October 1 Minutes
3. Staff Update
4. Amendments to Chapter 34 Landcare Ordinance
 a. Back up material
5. Set Next Meeting Date
6. Adjournment




 1

City of Portland
Landcare Management Advisory
Committee

Tuesday, February 4, 2025 at 6:30 PM The LMAC will
conduct this meeting remotely via Zoom. Allow your
computer to install the free Zoom app to get the best meeting
experience. If you are not able to attend live either in person
or via Zoom, a recording will be available in the Agenda
Center following the meeting.

For public comment via Zoom, you will need to use the "raise
your hand" feature. To raise your hand via the telephone,
please hit *9. You will be unmuted by the host when it is time
for public comment.




To submit written public comment on an agenda item, email landcare@portlandmaine.gov. Submissions must
be received by 12:00 pm the day before the LMAC meeting to guarantee their inclusion in the agenda packet.
All submissions must include the commenter's name and legal address. To help ensure your comment is
submitted for the correct item, please include the name of the agenda item (see below).

REMOTE ACCESS INFORMATION:
For public comment via Zoom, you will need to use the "raise your hand" feature. To raise your hand via the
telephone, please hit *9. You will be unmuted by the host when it is time for public comment.

https://portlandmaine-gov.zoom.us/j/88652986949?pwd=mgaAiPTjR3MbmkS6QZIZQA8LBu4Tzc.1

1. Welcome and Check Ins
2. Review and Approve Minutes from October 1, 2024
 a. October 1 Minutes
3. Staff Update
4. Amendments to Chapter 34 Landcare Ordinance
 a. Back up material
5. Set Next Meeting Date
6. Adjournment




 1

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 CITY OF PORTLAND, MAINE
 Landcare Management Advisory Committee
 October 1, 2024
 Start time: 6:30 PM

DRAFT Minutes October 1, 2024
Attendance: Jesse O’Brien, Melissa Runstrom, Carol Laboissonniere, Avery Kamila, Troy Moon,
Erin Ferrell, Noah Tucker

Review and Approve April 2 Minutes
April 2 minutes unanimously approved.

Review Outreach Efforts
Erin will send out the pamphlet to the committee along with the link to the landcare lunchbreak
recordings.
Kayley Weeks planned four Landcare Lunch Breaks webinars covering soil tests, Urban
Run-Off, Healthy Lawncare Made Easy, Preparing Your Lawn for Winter with knowledgeable
guest speakers. The webinars were all recorded and now live on the landcare website. The
Office is seeing success with the yard signs. The webinar series created impactful content to
live on the landcare website. The Committee will continue to brainstorm ideas for next year’s
outreach efforts. We may lean away from the webinars and move to other outreach efforts
including in-person presentations.
Jesse recommends connecting with homeowners associations. We are open to ideas on how to
contact homeowners associations. Possibly realtors, landlords groups.
When we have the contacts, what is the ask? Why would they do this? What is the benefit to
them? Jesse recommends March or April for an outreach event for landcare professionals.

Waiver Committee Follow Up
There were two waiver applications from the same applicant over the summer to treat knotweed.
The first waiver was denied because the knotweed had become too tall to treat in the proposed
application. The second waiver was heard and the committee was split in decision. The
applicant appealed to the City Manager and the waiver did end up being approved.
Avery notes that the residents were not aware of the ordinance or organic landcare and notes
the emphasis on a need for more education efforts.

Updates on State Level Activity
Jesse notes it was a very active summer. Pesticide pick-up program is in effect to collect unused
pesticides from residents. Mosquito borne illness is on the rise and we will stay on top of the
recommendations. EPA is developing programs to protect endangered species and will affect
labels over the next 5 years. University is hiring a horticulture specialist and UMaine Extension
is offering a horticulture program. Agriculture apprentice program is also coming soon.
Agriculture Council of Maine sponsored bus rides to Augusta, blueberry fields, and farms. Jesse
reports this effort was successful. DACF tabled with IPM council at Common Ground Fair.

Set Next Meeting Date
Avery and Melissa volunteered to meet with staff before the next meeting. The next full
committee meeting will be January 7th.




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Adjourned at 7:30 PM




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City of Portland | Sustainability Office
Troy Moon, Director

To: Jesse O’Brien, Chair, and Members of the Landcare
Management Advisory Committee
From: Troy Moon, Director of Sustainability
Date: January 29. 2025
Re: Proposed Amendments to Chapter 34




 Proposed Action – Amending Chapter 34 to:


 ●​ Exempt the use of EPA reduced-risk pesticides such as Acelepryn (chlorantraniliprole)
 to control grubs when applied by a licensed applicator following instructions on the
 product label;
 ●​ Amend the waiver process so that waiver requests are reviewed by the LMAC as whole

 Background/Analysis: Grub Treatment

 On December 3,2024, the Sustainability Office received a waiver request from Cheverus High
 School to treat a widespread grub infestation on their athletic fields. The request noted that
 school staff and contractors had found that the infestation had led to significant turf damage.
 Over the course of two years, school personnel implemented extensive cultural practices to
 control grubs and deployed several strategies to deter birds, raccoons, and other animals from
 entering the athletic fields to feed on the grubs. School personnel and contractors attempted
 two treatments of an organic product based on the bacterium Bacillus thurigiensis (Bt) that
 proved unsuccessful in controlling the grub infestation.

 School officials have conducted testing to demonstrate that the turf grass is poorly connected
 to the soil because of the grub damage and could fail during athletic events. They also provided
 photographs of damage caused to the fields by animals foraging for the grubs. The poorly
 bonded turf grass combined with the holes and rough patches caused by the animals has
 created an unsafe playing surface that threatens the safety of student athletes.

 To address the grubs, Cheverus proposed the use of Acelepryn, a product classified as
 “reduced risk” by the EPA. The proposed application method was use of a spreader to apply the
 product to the surface of the playing fields impacted by the grub infestation. Their scouting
 and analysis showed that the infestation impacts all of the playing surface. A copy of the
 application and photographs documenting the presence of grubs, field damage, and equipment
 used to deter animals is in the packet.

 After reviewing the application and the ordinance, Sustainability Office staff determined that
 we could not accept the waiver request because Chapter 34 prohibits the use of broadcast




 389 Congress Street, Portland, Maine 04101 | p: 207.756.8362 | thm@portlandmaine.gov

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applications. We reviewed this issue with Corporation Counsel who indicated that an
appropriate path to address this issue would be to pursue an amendment to the ordinance that
exempts the use of Acepepryn to treat grub infestations . Counsel has provided draft language
that is included in the meeting packet.

The Sustainability Office recommends adoption of the amendment to exempt Acelepryn when
applied by a licensed applicator according to the label instructions for the following reasons:

 1.​ Lack of an organic treatment method to address grub infestations

Healthy, organically maintained turf is highly resistant to grub infestation and damage, but
grubs can become established even in healthy turf. When this happens, there are no organic
methods that reliably control grub populations in Maine. Researchers continue to explore
options such as Milky Spore, which is a type of bacteria that is harmful to grubs, application of
nematodes, and application of another bacterium, Bacillus thurigiensis (BT). To date, they have
shown to have significant limitations in our soils and/or they do not address all of the varieties
of grubs that may be damaging turf in Maine.

 2.​ Acelepryn presents minimal impact to the environment and to the public when used as
 directed on the product label

Acelepryn is classified as a reduced-risk pesticide by the EPA. As noted on its product label,
“When used as directed, this product does not present a hazard to humans or domestic
animals.” It is deemed safe enough that the EPA does not require a cautionary signal word such
as Caution or Warning.


Acelepryn Label




 389 Congress Street, Portland, Maine 04101 | p: 207.756.8369| thm@portlandmaine.gov

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Organic products such as BT and Milky Spore, which are ineffective but currently allowed by
our ordinance, must display a cautionary signal word of Caution and note hazards to humans
and domestic animals.

Grub Gone (BT) label




Milky Spore label




Using organic practices to build and maintain soil health remains the first defense against grub
damage, but in the event of an infestation that causes unacceptable levels of damage,
Acelepryn is a low-risk way to control them.



 3.​ Athlete safety

According to the Sports Field Management Association, natural turf fields with good quality
turfgrass cover have higher traction, cushioning, and resiliency, and lower surface hardness
than synthetic surfaces. This reduces the probability of injury in contact sports. Natural turf
also provides cooler playing surfaces. However, these advantages are diminished when natural
turf fields have damage from grub infestations such as bare spots, uneven playing surfaces,
and loose grass surfaces. Such conditions can cause athletes to fall or slide unexpectedly,
which can lead to serious injuries. Having a means to treat grubs will help field managers
maintain high quality natural turf playing surfaces that reduce the likelihood of athlete injury.




 389 Congress Street, Portland, Maine 04101 | p: 207.756.8369| thm@portlandmaine.gov

 Page 6
Background/Analysis: Amending Waiver Process

Chapter 34 currently provides a waiver process where individuals may request a waiver from
provisions of the ordinance in order to apply an otherwise prohibited pesticide or fertilizer.
Currently, a waiver committee consisting of the Sustainability Director and one member of the
LMAC hears the waiver request and determines whether the request should be granted or
denied. It has been the practice of the committee to determine that tie votes constitute a denial
of the waiver. Applicants who have been denied may appeal the decision to the City Manager,
who makes a final decision. Amending the ordinance to require waivers to be heard by the
entire LMAC would provide greater opportunity for members to participate in the work of the
committee and benefit the waiver review process by bringing the broad professional
knowledge of LMAC members to the discussion. It would reduce the likelihood of tie votes
because the committee is made up of an odd number of members.

Summary:

I look forward to discussing these proposals with the committee during our next meeting.




 389 Congress Street, Portland, Maine 04101 | p: 207.756.8369| thm@portlandmaine.gov

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 LANDCARE ORDINANCE WAIVER APPLICATION
 Landcare Management Advisory Committee (LMAC)

APPLICANT INFORMATION

Applicant Name: ___Cheverus High School________________________________________

Address: __________267 Ocean Ave, Portland Maine 04103________________ Email

Address: ____komich@cheverus.org___________________ Telephone Number:

____________(207) 774-6238______________________ Submission Date:

___________________________________________

I am a: ☐ Resident ☐ Landlord X Business ☐ Municipality ☐ Landscape company

Are you a licensed commercial applicator? ☐ Yes X No



REASON FOR REQUESTING THE USE OF A PROHIBITED FERTILIZER OR
PESTICIDE: X Is an emergency and threatens the public health and safety
☐ For the control of invasive plants that pose a threat to the environment (For a list of Maine Invasive
Plants visit: http://www.maine.gov/dacf/mnap/features/invasive_plants/invsheets.htm) ☐ Required to
protect buildings or structures from damage
X Using a synthetic fertilizer on performance turf or for new development, with one or more the following
conditions:
 I. The soil temperature is less than 55 degrees Fahrenheit and reasonable grounds exist to justify
 fertilizer use at that location and at that time;
 II. The turf is experiencing high stress due to high use and must be ready for high performance play
 when the sports season(s) begin; or
  III. A suitable organic product that meets the nutrient needs of the soil as specified in a soil test is
 unavailable.

 Making the right pest identification is important and can be difficult. Resources for pest identification are
available at: http://www.maine.gov/dacf/php/gotpests/invasive-pests.htm. NOTE: Applications for
poisonous plants such as poison ivy, pests of significant health importance such as ticks and mosquitos,
and destructive pests such as carpenter ants and termites are exempted under the ordinance. No waiver
is necessary to address these pests.


Please provide a detailed account of the problem you would like to address with the proposed
fertilizer or pesticide application. Include photos of the problem/pest and of the extent of the
problem (this may be number of pests or area covered):

-Japanese Beetle Larvae in the first and second stage instar have been found by three




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professional applicators throughout the playing field grass. The fields are weaky rooted as
demonstrated by the video of tensile strength. Some areas have been severely damaged from
crows and ground animals foraging on the beetle larvae. This has created a UNSAFE
PLAYING CONDITION.

.
What steps did you take to evaluate alternative methods to the proposed fertilizer or pesticide
application, including but not limited to, non-fertilizer/pesticide management tactics, minimum risk
fertilizers or pesticides, non-synthetic fertilizers or pesticides, and selecting the minimum amount
of the least toxic, most effective fertilizer or pesticide necessary.

 - Shiny bird deterrents, Fake dogs. - Organic Granular deterrent for ground animals. - Radio
 controlled devices to deter birds.
 - Bacillus Thurigiensis (Organic) treatment in August 2023
 Bacillus Thurigiensis (Organic) treatment prior to April 2023




PROJECT INFORMATION
What are you treating? X Turf ☐ Shrubs ☐ Trees ☐ Invasive Weeds Address of proposed application:

_________________________________________________________

Please attach a map of the proposed application area (this may be a sketch, however it should be to
scale and include property boundaries, structures, and water bodies).

Is this application within 75ft. of a waterbody? ☐ Yes X No

Proposed fertilizer or pesticide: Acelepryn-G Syngenta


Amount to be applied:(One (1) application: 2,082 Lbs for 9.25 Acres @100 lbs per acre

Method of application: ☐ Liquid X Granular ☐ Injection/systemic ☐ Cut stem treatment

Proposed timing(s)/frequency of use: Once

 Proposed date of application: Mid April to Mid July, depending on soil temperatures reaching a minimum of 55

degrees

Please provide a detailed management plan for your proposed application, including how you will

minimize the impact of this application on abutting properties and, to the maximum extent possible,

ensure that the grant of the waiver will not be detrimental to the public’s health, safety or welfare.

Broadcast applications: the spreading of pesticides over an entire area

 ● Preemptive applications: the application of pesticides as a measure against something possible,
 anticipated or feared, i.e., as a preventive or deterrent measure

-We would strictly follow Maine’s BPC rules and regulations during applications.

- All fields would be closed for a minimum of 24hrs post application.




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Broadcast Part: all the playing surface has been identified with grubs. A calibrated broadcast

application will be used. Preemptive Part.... Part of Integrated Pest Management, IPM is

understanding the life cycle of the pest and developing a strategy to manage it. In this case

since the organic controls have proved not effective the strategy is to use the safest synthetic

insecticide, trade name Acelepryn. This product will not affect the grubs currently feeding on the

field. These insects will complete their life cycle and undoubtedly lay eggs for a new generation

of Japanese Beetles this coming July and in the same fields. The strategy is to focus on the

generation of 2025 and 2026. The safest synthetic product to use works as a systemic process.

Timing of the application is critical. The insecticide needs to be in the grass plant before the

grubs start to feed in the roots.



NOTE: the following applications are prohibited:

 ● Broadcast applications: the spreading of pesticides over an entire area
 ● Preemptive applications: the application of pesticides as a measure against something possible,
 anticipated or feared, i.e., as a preventive or deterrent measure

-We would strictly follow Maine’s BPC rules and regulations during applications.

- All fields would be closed for a minimum of 24hrs post application.

 In order for the waiver to be considered, all of the fields above must be completed. For questions, please
 contact Troy Moon in the Sustainability Office at 207-756-8362.

Completed forms may be emailed to landcare@portlandmaine.gov, or mailed or delivered to City Hall, 389
 Congress Street, Portland, ME 04101.




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Page 16
City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-1 Rev. 9-19-2022




 Chapter 34


 LANDCARE

Sec. 34-1. Title.

 This chapter shall be known as the City of Portland
Landcare Ordinance (hereinafter, the “Ordinance”).
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-2. Purpose.

 The purpose of this ordinance is to safeguard the health,
safety and welfare of the residents of the City and to conserve
and protect the City’s waterways and natural resources by
curtailing the use of pesticides and fertilizers for turf,
landscape and outdoor pest management.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-3. Definitions.

 The following words, terms and phrases, when used in this
ordinance, shall have the following meaning:

 Aggrieved party means an individual or entity that applies
for but is denied a waiver from provisions of this ordinance as
described in Section 34-6.

 Broadcast application means the spreading of pesticides
over an entire area.

 Commercial Agriculture means the production of crops for
sale, including crops intended for widespread distribution to
wholesalers or retail outlets and any non-food crops.

 Compost means soil amendment made from decomposing organic
matter used to improve soil structure and nutrient holding
capacity. For the purposes of this ordinance, compost is not
considered a fertilizer.

 Emergency means a serious, unexpected, and often dangerous
situation requiring immediate action.




 1

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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 9-19-2022

 Environmentally sensitive areas means areas that are
particularly vulnerable to fertilizer nutrient loss and/or where
direct transmission of fertilizer nutrients to surface water or
ground water is likely. This includes coastal and freshwater
wetlands, beaches and sand dunes, streams and tributary streams

 EPA means the United States Environmental Protection
Agency.

 Fertilizer means a substance containing one or more plant
nutrients and used for its plant nutrient content. State law
requires that all fertilizer products be registered with its
department of agriculture prior to distribution.

 FIFRA means the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. § 136 et seq.

 Golf course means an area of land laid out for playing the
game of golf with a series of 9, 18 or more holes. Mini-golf
and disc golf courses are not considered golf courses.
 Heavy rain event means a rain event producing 0.5 inch or
more of precipitation in a one hour period.

 High Use Athletic Facilities means the following playing
fields located in the following parks as listed in Chapter 18,
section 18-11: Fox Field, Quinn Field and Deering Oaks Baseball
Field at Deering Oaks Park; Back Cove Park; and Payson A Field
in Payson Park. It shall also include Presumpscot Field at
Deering High School.

 Hydro-seeding means the process of seeding by pumping seed
in a mixture of water through a nozzle that sprays the mixture
onto a seedbed. The water mixture may also contain add-ins such
as fertilizer and certain mulches.

 Landcare means a land management approach intended to
prevent soil degradation and responsibly manage land resources,
and cultivate environmental health.

 Landcare Management Advisory Committee (LMAC) means the
Landcare Management Advisory Committee as described in this
Chapter.

 New development means any alteration of land for the
purposes of construction or reconstruction redevelopment that



 2

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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024

results in soil disturbance and/or compaction, vegetation
removal, and/or regrading.

 Organic fertilizer means a fertilizer derived from either
plant or animal products that contain nutrients for plant
growth. It is acceptable for the materials in these fertilizers
to have been subjected to biological degradation processes under
normal conditions of aging, rainfall, suncuring, air drying,
composting, rotting, enzymatic, or anaerobic/aerobic bacterial
action, or any combination of these. In order to qualify as
organic fertilizer, the materials in these fertilizers may not
be mixed with synthetic materials or changed in any physical or
chemical manner from their initial state except by manipulations
such as drying, cooking, chopping, grinding, shredding,
hydrolysis, or pelleting in order to qualify as organic
fertilizer. Organic fertilizers are broken down by, and feed,
the microbial life in the soil.

 Organic landcare means a landcare management technique that
integrates cultural, biological, and mechanical practices to
build soil health, including practices such as mowing at higher
levels, aeration, top dressing with compost, over-seeding, and
watering deeply but infrequently, and without the use of toxic
pesticides and synthetic fertilizers.

 Organic material means the organic matter component of
soil, consisting of plant and animal detritus at various stages
of decomposition, cells and tissues of soil microbes, and
substances that soil microbes synthesize.

 Over-seeding means the application of additional turfgrass
seeding to existing turf.

 Performance turf means grounds devoted to athletic fields
and golf courses.

 Prills means a small aggregate or globule of a material,
most often a dry sphere or pellet. Fertilizers and some
detergent powders are commonly manufactured as prills.

 Repellant means a substance that deters insects or other
pests from approaching or settling.

 Invasive Species means a plant or insect that is not native
to a particular ecosystem, and whose introduction does or is
likely to cause economic or environmental harm or harm to human



 3

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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024

health. Invasive species include those plants listed under the
Maine Department of Agriculture, Conservation and Forestry’s
Natural Areas Program as currently invasive, potentially or
probably invasive, and highly likely but not currently invasive,
as well as those insects listed by the Maine Forest Service as
threats to Maine’s forests and trees.

 Natural, organic or "non-synthetic" means a substance that
is derived from mineral, plant, or animal matter and does not
undergo a “synthetic” process as defined in the Organic Foods
Production Act, 7 U.S.C. § 6502(21), as the same may be amended
from time to time.

 Organic pest management means the act of managing or
controlling pests through the use of mechanical, cultural, or
biologicalor, biological processes, or through the use of
natural, organic, or non-synthetic substances.

 Person means any individual natural person, partnership,
joint venture, society, association, company, club, trustee,
trust or corporation; or any officer, agent, employee, or
personal representative of any thereof, in any capacity acting
either for her or himself or for any other person under either
personal appointment or pursuant to law.

 Pest shall have the same meaning as the term set forth in
40 C.F.R. § 152.5, as the same may be amended from time to time.

 Pest Management means the act of managing or controlling
pests through the use of chemical, mechanical, cultural,
biological, or genetic measures.

 Pesticide means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
pest; any substance or mixture of substances intended for use as
a plant regulator, defoliant or desiccant. It does not include
multicellular biological controls such as mites, nematodes,
parasitic wasps, snails or other biological agents not regulated
as pesticides by the EPA. Herbicides, fungicides, insecticides
and rodenticides are considered pesticides.

 Pests of significant public health importance means the
pests listed by the EPA, in conjunction with the U.S. Department
of Health and Human Services and the U.S. Department of
Agriculture, as pests of significant public health importance.




 4

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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024

 Preemptive application means the application of pesticides
as a measure against something possible, anticipated or feared,
i.e., as a preventive or deterrent measure.

 Public utility means any transmission and distribution
utility, telephone utility, water utility, gas utility, or
natural gas pipeline utility that is subject to the jurisdiction
of the Maine Public Utilities Commission.

 Re-establishment means a procedure involving complete turf
removal and seeding or laying sod to establish new turf.

 Restricted Entry Interval, also known as the re-entry
interval or re-entry time, means the minimum amount of time that
must pass after a pesticide is applied to an area before people
or pets can safely go into that area. The labels on pesticides
provide information about an individual pesticide's REI.

 Slope means the ratio of elevation change to horizontal
distance, expressed as a percentage. Slope is computed by
dividing the vertical distance by the horizontal distance, and
multiplying the ratio by 100. For purposes of this Chapter, a
slope shall include only those areas with a horizontal distance
of at least 50 feet.

 Soil means the outer, weathered layer of the Earth’s crust
which can potentially support plant life and is madeand made up
of inorganic particles, organic matter, organisms, water and
air.

 Soil amendment means a soil amendment is material added to
soil to improve its physical properties, including, but not
limited to, the substances listed on the National List of
Allowed and Prohibited Substances, 7 C.F.R § 205.601, as the
same may be amended from time to time. For the purposes of this
ordinance, a soil amendment is not considered fertilizer.

 Soil microbes means living organisms in soil (such as
bacteria and fungi), which feed on organic matter and decompose
rapidly.

 Soil test means the standard soil test offered by the
University of Maine Cooperative Extension or a comparable test
identified by the City Manager or their designee.
(Ord. No. 245-23/24, 6-17-2024)




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024



 Starter fertilizer means a fertilizer formulated for a one-
time application at planting or near that time to encourage root
growth and to enhance the initial establishment of turf. This is
typically a water-soluble product that contains high levels of
phosphorus to allow for robust root growth.

 Steep topography means slope lengths exceeding 50 feet
(horizontal distance) on slopes greater than 15%.

 Summer dormancy means the period during mid-summer most
commonly observed in un-irrigated lawns when turf growth ceases.
Dormancy is characterized by brittle texture and a loss of green
color.

 Synthetic means a substance that is formulated or
manufactured by a chemical process or by a process that
chemically changes a substance extracted from naturally
occurring sources, except that such term shall not apply to
substances created by naturally occurring biological processes.

 Synthetic fertilizer means any fertilizer manufactured from
one or more synthetic materials and may or may not contain
animal parts, animal byproducts, manures or renderings.
Synthetic fertilizer bypasses the microbial life in the soil and
is taken up by the plant directly.

 Total nitrogen means the sum of all fertilizer nitrogen
species, including water soluble nitrogen forms, slow release
nitrogen forms, and water insoluble nitrogen forms. The
percentage of total nitrogen appears as the leftmost number of
the grade on fertilizer labels.

 Turf means a community of herbaceous plants that can be
mowed, including grass and sod; a surface layer of the earth
with grass growing on it, usually mowed, including lawns, grass
covered medians, athletic fields, golf courses, outdoor event
spaces, and the like.

 Waiver Committee means the Waiver Committee as described in
this Chapter.

 Water body means any great pond, river, stream or tidal
area as those terms are defined in Chapter 14 of the Portland
Code of Ordinances.




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024

 Wetland means a coastal or shoreland freshwater wetland as
those terms are defined in the City’s Zoning Ordinance, Chapter
14 of the Code of Ordinances.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-4. Applicability

The following provisions shall apply to all outdoor pest
management activities and use of fertilizer conducted within the
boundaries of the City of Portland (hereinafter, the “City”), on
both public and private land, excluding the exemptions provided
in this Chapter.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-5 Permitted, prohibited, and exempt applications

 (a) Subject to the applicability dates set forth in Sec.
34-14 herein, the following provisions shall apply to all
outdoor pest management activities in the City.

 1. Permitted Pest Management Activities and/or Materials,
 except as provided in (b)(3) below:

 i. Organic Pest Management, except as provided in
 (b)2 below;
 ii. Use or application of Synthetic substances
 specifically listed as “allowed” on the U.S.
 Department of Agriculture’s National List of
 Allowed and Prohibited Substances (the “National
 List”); and/or
 iii. Use or application of Pesticides determined to be
 “minimum risk pesticides” pursuant to the FIFRA
 and listed in 40 C.F.R. § 152.25(f)(1) or (2), as
 may be amended from time to time.

 2. Prohibited Pest Management Activities and/or
 Materials:

 i. Use or application of Synthetic substances other
 than those described in (a)(2) above;
 ii. Use or application of Non-synthetic substances
 specifically listed as “prohibited” on the
 National List; and/or
 iii. The use or application of pesticides (whether
 natural, organic, “non- synthetic,” synthetic or
 otherwise) within seventy five feet of a water
 body or wetland.


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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-5 Rev. 6-17-2024



 3. Exempt Pest Management Activities and/or Materials.
 The following are exempt from the provisions of this
 ordinance (and therefore are allowed):

 i. Use or application of Pest Management Activities
 and/or Materials in connection with Commercial
 agriculture;
 ii. Pet supplies, such as shampoos and tick and flea
 treatments, when used in the manner specified by
 the manufacturer;
 iii. Disinfectants, germicides, bactericides,
 miticides and virucides, when used in the manner
 specified by the manufacturer;
 iv. Insect repellents when used in the manner
 specified by the manufacturer;
 v. Rat and rodent control supplies when used in the
 manner specified by the manufacturer;
 vi. Swimming pool supplies when used in the manner
 specified by the manufacturer; and/or
 vii. General use paints, stains, and wood
 preservatives, and sealants when used in the
 manner recommended by the manufacturer.

 4. Exempt Applications. The following applications are
 exempt from the provisions of this ordinance (and
 therefore are allowed):

 i. Specific health and safety applications.
 Prohibited pesticides may be used to control
 plants that are poisonous to the touch, such as
 poison ivy, pests of significant health
 importance such as ticks and mosquitoes, and
 animals or insects that may cause damage to a
 structure, such as carpenter ants or termites;
 ii. Golf course applications. Prohibited pesticides
 may be used on golf courses provided that the
 course is designated through Audubon
 International as a Certified Audubon Cooperative
 Sanctuary;
 iii. Hadlock Field applications;
 iv. Treatments for Heritage Elms;
 v. Applications on fields at High Use Athletic
 facilities (until January, 2023, unless this date
 is extended by the City Council);




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-5 Rev. 6-17-2024

 vi.  Prohibited pesticides may be used to control the
 Emerald Ash Borer, Asian Longhorned Beetle,
 Hemlock Woolly Adelgid, Browntail Moth and other
 insects identified as invasive by the Maine
 Forest Service;
 vii. Right-of-way applications. Prohibited pesticides
 may be used by a public utility that maintains a
 right-of-way through the City; and/or
 viii. Invasive plant applications. on city property.
 Applications to control plants on city property
 categorized as currently considered invasive in
 Maine by the Maine Department of Agriculture,
 Conservation, and Forestry.
 iX. Grub control application: Pesticides classified by
 the EPA as reduced risk, such as
 chlorantraniliprole, may be used to control grubs
 if applied as directed by the product label by a
 Professional Applicator.


 5. Disclosures. For any exempt applications by the City,
 disclosure shall be made in the annual report
 described in Section 34-9 of this ordinance.

 6. Exempt Uses. The following uses are exempt from the
 provisions of this ordinance (and therefore are
 allowed):

 i. Any use of pesticides mandated by state or federal
 law or required by an order or decision from a
 court or state or federal board or agency.

 (b) Subject to the applicability dates set forth in Sec.
34-14 herein, the following provisions shall apply to all
fertilizer applications in the City.

 1. Prohibited Fertilizer Applications. The following
 prohibitions apply for all fertilizer applications on
 all turf types:
 i. Applications within 75 feet of a water body or
 wetland or other environmentally sensitive area
 are prohibited.
 ii. Applications on frozen ground or saturated
 surfaces are prohibited.
 iii. Applications when a heavy rain event is occurring
 is prohibited.



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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-5 Rev. 6-17-2024

 iv. Applications during summer dormancy or when the
 ground is partially or wholly frozen are
 prohibited.
 v. Applications on impervious surfaces are
 prohibited; if spills occur on impervious
 surfaces, they must be swept up immediately.
 vi. Applications with phosphorus are prohibited
 except where a soil test conducted within the
 last three years indicates a need for phosphorus,
 or phosphorous is being used for new
 development/re- establishment, as specified in
 subsection (B) below.
 vii. Applications of synthetic fertilizer are
 prohibited except where a waiver has been granted
 pursuant to Sec. 34-7 below.
 viii. Application of compost or fertilizers
 derived from wastewater treatment sludge or from
 organic residuals remaining after industrial
 processes (such as paper making) is prohibited
 within the boundaries of the City of Portland.
 ix. Applications of organic fertilizer not in
 compliance with subsection (2) below are
 prohibited.

 2. Permitted Fertilizer Applications. The following
 applications of organic fertilizer are allowed within
 the limits for the specific application as set forth
 below:

 i. Except as specified in subsections (ii), (iii),
 and (iv) below, applications of organic
 fertilizer, including residential lawns, are
 allowed only when a soil test conducted within
 the last three years indicates a need for
 nitrogen. Applications of organic fertilizer may
 not contain nutrients in excess of the amount
 recommended by the completed soil test. Only
 phosphorus-free, organic fertilizer is allowed
 for these applications, unless the soil test
 indicates a need for phosphorus.
 ii. Applications of organic fertilizer on performance
 turf are allowed as necessary provided that total
 nitrogen does not exceed 4 lbs per 1,000 square
 feet per year.
 iii. Applications of organic starter fertilizer for
 new development may contain phosphorus without a



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Code of Ordinances Chapter 34
Sec. 34-5 Rev. 6-17-2024

 soil test. The fertilizer must be incorporated
 into top soil 2-3 inches deep. Two fertilizer
 applications are permitted for one calendar year
 from the date of first application only. For each
 application, total nitrogen and phosphorus may
 not exceed 1 lb. per 1,000 square feet.
 iv. Applications of organic fertilizer for re-
 establishment of turf may contain phosphorus
 without a soil test. Unless the application is
 through hydro-seeding or overseeding, the organic
 fertilizer must be incorporated into the soil 2-3
 inches deep. Fertilizer applications may not
 exceed 1 lb. of nitrogen and phosphorus per 1,000
 square feet per application. Total nitrogen and
 phosphorus may not exceed 2 lbs. per 1,000 square
 feet per calendar year from the date of last
 application.
 v. Application of organic fertilizer to gardens,
 including vegetable, flower, and ornamental, may
 be applied without a soil test, although a soil
 test is highly recommended. Fertilizer must be
 incorporated into the soil with a rake or other
 tool so it is not left exposed on the topsoil.

 3. Exempt Fertilizer Applications. Notwithstanding any
 other provision in this Chapter, the following
 applications of fertilizer are exempt from the
 provisions of this ordinance (and therefore allowed
 without restriction):
 i. Golf course applications. Fertilizers may be used
 on golf courses provided that the course is
 designated through Audubon International as a
 Certified Audubon Cooperative Sanctuary.;
 ii. Hadlock Field applications.
 iii. Liquid deep root feeding of trees.
 iv. Fertilization of woody plants and shrubs so long
 as fertilizer is injected to the root or applied
 within the drip edge of the plant and
 incorporated into the soil with a rake or other
 tool.
 (Ord. No. 110-17/18, 1-3-2018; Ord. No. 79-20/21, 9-21-2020; Ord. No. 60-
22/23, 9-19-2022; Ord. No. 245-23/24, 6-17-2024)

Sec. 34-6. Landcare Management Advisory Committee.




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-6 Rev. 9-19-2022

 (a) The Landcare Management Advisory Committee (“LMAC”) is
hereby established. The LMAC shall consist of seven (7) members
as follows:
 1. The City’s Sustainability Director or a City employee
 appointed by the City Manager;
 2. One (1) practicing agronomist appointed by the City
 Council;
 3. Two (2) Maine Board of Pesticides Control-licensed
 landscape professionals, at least one (1) of whom has
 experience in organic land care management and is
 accredited by the Northeast Organic Farming
 Association in Organic Land Care, each appointed by
 the City Council; and
 4. Three resident or taxpayer representatives appointed
 by the City Council at least one of whom has
 experience in organic land care management.
 (b) The terms of office of the six (6) LMAC members
appointed by the City Council shall be three-year terms, except
that the initial appointments after the establishment of the
LMAC shall be such that the terms of office of no more than two
(2) members shall expire in any single year. The term of office
for the City employee LMAC member shall be for as long as the
employee holds said employment position.

 (c) The LMAC shall advise the City Council and the City’s
Sustainability DirectorCoordinator with respect to the
following:
 1. Advising the Sustainability and Transportation
 Committee and the City’s Sustainability
 DirectorCoordinator of any problems encountered or
 amendments that may be required to achieve the full
 and successful implementation of this ordinance;
 2. Reviewing and acting upon waiver applications when
 applicable;
 3. Developing and implementing outreach and education as
 specified in Sec. 34-11 of this ordinance (in
 coordination with the Sustainability Director
 Coordinator);
 4. Seeking the participation, advice and counsel of
 experts in the fields of organic turf and landscape




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-6 Rev. 9-19-2022

 management, maintenance of trees and shrubs, and
 organic pest protocol;
 5. Encouraging broad community participation, from
 parents, schools, advocates, and local arboriculture
 and landscaping businesses, in the activities of the
 LMAC;
 6. Issuing a summary report annually by June 30 March 31
 to the Sustainability and Transportation Committee, or
 whatever committee is assigned an oversight role by
 the City Council, which includes, among other things,
 a summary of its educational outreach; recommendations
 on any necessary amendments to this chapter; and the
 number of waivers granted in the past year;
 7. Any additional responsibilities as may be assigned and
 deemed necessary by the City Council.
 (d) LMACPLMAC Officers, meetings and records.

 1. The members shall annually elect a chair and a
 secretary from their membership;
 2. All meetings of the LMAC shall be noticed and open to
 the public in accordance with the City’s notice
 policies and Maine’s Freedom of Access Act;
 3. A quorum shall consist of four members;
 4. The LMAC shall meet at least five (5) times annually;
 5. Minutes shall be kept of all meetings and posted on
 the City web page; and
 6. An annual report of the LMAC’s activities shall be
 submitted to the Sustainability and Transportation
 Committee by June 30March 31 of each year.
 (e) LMAC may adopt procedural rules for the conduct of its
business not inconsistent with this article. Such rules shall be
filed with the City Clerk. All such rules shall be subject to
veto, in whole or in part, by the Council within 45 days of such
filing. The initial rules shall take effect when filed, subject
to veto as provided above. Amendments to the rules shall take
effect upon expiration of said veto period. Any rule may be
waived by the chair upon good cause being shown.

 (f) Waiver Subcommittee:




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-6 Rev. 9-19-2022

 1. A subcommittee of the LMAC shall be established
 annually and consist of the designated City staff
 member, who shall be Chair, the City Arborist, and one
 (1) other member of the LMAC designated by the Chair;
 2. This subcommittee shall be authorized to review and
 decide waiver applications as described in section 34-
 7; and
 3. The LMAC shall schedule meetings of the Waiver
 Subcommittee frequently enough to be responsive to
 waiver requests. All meeting dates shall be posted in
 advance on the City calendar.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-7. Waivers.
 (a) In situations that are an emergency, threaten the
public health, safety or welfare, or for the control of invasive
species that pose a threat to the environment, persons shall
apply to the LMAC Waiver Committee for a waiver from the
provisions of this ordinance prior to the use/application of a
prohibited fertilizer or pesticide or prior to the conduct of a
prohibited application.

 (b) In addition, pPersons may apply to the LMACWaiver
Committee for a waiver in order to use a synthetic fertilizer on
performance turf or for new development, prior to the actual use
of the synthetic fertilizer, if one or more the following
conditions exists:

 1. The soil temperature is less than 55 degrees
 Fahrenheit and reasonable grounds exist to justify
 fertilizer use at that location and at that time;
 2. The turf is experiencing high stress due to high use
 and must be ready for high performance play when the
 sports season(s) begin; or
 3. A suitable organic product that meets the nutrient
 needs of the soil as specified in a soil test is
 unavailable.


 (c) The waiver application shall be filed with the LMAC
Waiver Committee, on a form prescribed by the Committee and
shall include the following information: the reason for
requesting the use/application of a prohibited pesticide; the
proposed location(s) of the proposed application(s); details on
the timing(s) of use, substance(s) and amounts to be applied;


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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-7 Rev. 9-19-2022

date(s) of application;a management plan that includes the
narrowest effective application, avoiding broadcast and
preemptive applications when feasible.; management plan that
excludes broadcast and preemptive applications; and a pest
identification and threshold report. In order to approve a
waiver application, the LMAC Waiver Committee must find that all
of the following criteria are met:

 1. A situation exists that: is an emergency; threatens
 the public health, safety and/or welfare; involves an
 invasive species; that poses a threat to the
 environment,; or requires a non-permitted pest
 management activity and/or material to protect
 buildings or structures from damage;

 2. The applicant has carefully evaluated all alternative
 methods and materials including, but not limited to,
 non-pesticide management tactics, minimum risk
 pesticides, non-synthetic pesticides, and is choosing
 to use the minimum amount of the least toxic, most
 effective pesticide necessary;

 3. The applicant will, to the greatest extent practical,
 minimize the impact of the application on abutting
 properties; and

 4. To the maximum extent possible the grant of the waiver
 will not be detrimental to the public’s health, safety
 or welfare.

 (d) The LMACWaiver Committee shall conduct a hearing on
all complete waiver applications received within ten (10)
business days of receipt of the complete application and shall
seek to issue a written decision on the application within three
(3) business days of reviewing an application.
 (e) In approving any waiver application, the LMACWaiver
Committee may also prescribe conditions and safeguards as are
appropriate to further the purposes of this ordinance. The
waiver decision of the LMACWaiver Committee shall be in writing,
with copies provided to the applicant, and members of the LMAC,
and the Sustainability Director Coordinator, and the City Clerk.
 (f) An Aggrieved Party may appeal a written decision of the
LMAC on a waiver application Waiver Committee to the City
Manager or designee within five (5) business days of the
issuance of the committee’s decision. The appeal shall be in



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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-7 Rev. 9-19-2022

writing and shall state the basis for the appeal. The City
Manager or designee (who shall not be a member of the LMAC)
shall act upon the appeal within five (5) business days of
receipt of the appeal. The decision of the City Manager or
designee shall be in writing, with copies provided to the
aggrieved party, the LMAC Waiver Committee, and the
Sustainability DirectorCoordinator. The decision of the City
Manager or designee shall be final. (Ord. No. 110-17/18, 1-3-2018;
Ord. No. 60-22/23, 9-19-2022)

Sec. 34-8. Reporting by State of Maine Licensed Applicators.

In addition to complying with the Maine Board of Pesticides
Control rules regarding record keeping and reporting
requirements as outlined in 01-026 C.M.R. Ch. 50, as amended
from time to time, aAll State of Maine licensed applicators are
required to submit to the LMAC an annual summary report on or
before February 1st of each calendar year relating to the
preceding calendar year. This report shall contain the
following information for applications subject to this ordinance
performed in the City in the prior calendar year: target site,
pesticide brand name, EPA registration number, total undiluted
formulation (in pounds or gallons), and total area treated as
listed and as amended on the Commercial Applicator Annual
Summary Report required by the Maine Board of Pesticides
Control.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-9. Management plan and annual reporting for publicly
owned parks and open spaces.

The City shall maintain a management plan for public open spaces
that shall be posted on the City website. The City Manager or
designee shall provide an annual report to the LMAC describing
efforts to reduce the use of synthetic pesticides, a description
of synthetic pesticides used during the previous year, the
reason for their use, and the cost of such pesticide usage.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

34-10. Public Notification.
Any person shall comply with the following posting requirements.
 (a) For all prohibited pesticide uses or applications:
 1. A warning sign shall be posted on the privately or
 publicly owned land. These signs must be posted before
 application activities commence on the land and be


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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-10 Rev. 9-19-2022

 left in place for at least forty-eight (48) hours
 after actual application or until expiration of the
 restricted entry interval indicated by the pesticide
 label, whichever is longer;
 2. All signs shall be at least five (5) inches high and
 four (4) inches wide in size. Signs shall be attached
 to the upper portion of a dowel or other supporting
 device so that the bottom of the sign is not less than
 12" and the top of the sign is not more than 48" above
 the ground. The signs shall be of rigid, weather
 resistant material substantial enough to be easily
 read for the duration of the placement;
 3. All signs must be light colored (white, beige, yellow
 or pink) with dark, bold letters (black, blue or
 green). They shall have lettering that is conspicuous
 and clearly legible;
 4. The sign must include the following:
 i. The word “CAUTION” in 72-point type;
 ii. The words “PESTICIDE APPLICATION” in 30-point
 type or larger;
 iii. The Maine Board of Pesticides Control designated
 symbol;
 iv. Any reentry precautions from the pesticide
 labeling;
 v. The name and telephone number of the entity
 making the pesticide application;
 vi. The date and time of the application;
 vii. A date and/or time to remove the sign;
 viii. the chemical and trade name of the
 pesticide; and
 ix. the length of time to remain off the treated area
 as indicated by the pesticide label. and

 5. For licensed applicators, the requirements above are
 in addition to any requirements that may also apply to
 State of Maine licensed applicators subject to the
 Maine Board of Pesticides Control rules, as may be
 amended from time to time, regarding public
 notification.

 (b) All retailers in the City of Portland that sell
pesticide and fertilizer products must clearly mark products
that are permitted for use within the City. Each retailer is
required to display signs in a prominent location with the


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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-10 Rev. 9-19-2022

products, ensuring they are easily visible to customers at the
point of purchase.All retailers selling pesticides or
fertilizers subject to the provisions of this chapter shall post
a sign at the point of sale that contains the following
verbiage:

 1. Application of synthetic pesticides and fertilizers
within the City of Portland must comply with Chapter 34 of the
City Code.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)


Sec. 34-11. Outreach and Education.

 (a) The Sustainability Director or designee shall publish
notice of this ordinance in a newspaper of general circulation
in the City upon adoption and shall attempt to provide
information about it to identified retailers and lawn, garden,
and tree-care providers serving the City of Portland, as well as
to churches, schools, and other institutions in Portland.

 (b) The LMAC shall prepare and publish materials designed
to educate the community about the role of pesticides and
fertilizers in the local environment and the benefits of organic
fertilizers and pest management. This outreach may include: a
community-based social marketing campaign targeting City
households and businesses; promotion of professional education
and training for State of Maine licensed applicators;
distribution of information and news about City practices
through Portland internet and web-based resources; public
service announcements; news releases and news events; tax bill
inserts; posters and brochures made available at City events and
applicable locations that serve the public; workshops,
trainings, and demonstration projects; targeted outreach to
schools; and/or any additional methods deemed appropriate by the
LMAC.

 (c) The LMAC shall also develop a program to work directly
with retailers that sell pesticides and fertilizers in the City
of Portland to

 1. Provide educational training for all retail store
 employees who recommend and sell pesticides or
 fertilizers for use in the home and garden,
 highlighting the following:




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-11 Rev. 9-19-2022

 i. federal, state, and local pesticide and
 fertilizer regulations;
 ii. principles of organic landcare, including pest
 management and use of fertilizers;
 iii. pesticide and fertilizer toxicity and health and
 environmental concerns;
 iv. proper pesticide display and storage; and
 v. the role of personal protective equipment,
 pesticide poisoning symptoms, and emergency
 procedures in case of spills; and
 2. implement a toolkit consisting of educational
 materials and signage (i.e., posters, signs, stickers)
 that can be customized, printed, and placed in stores
 to help consumers understand this ordinance and
 alternatives to prohibited pesticides and fertilizers.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-12. Violations.

Any person violating any of the provisions of this ordinance or
failing, neglecting or refusing to obey any order or notice of
the City Manager or designee issued hereunder shall be subject
to enforcement action as provided in §34-13.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-13. Enforcement and Remedies.
 (a) This ordinance may be enforced by the City Manager or
designee;

 (b) The City Manager or designee shall have the authority
to enact rules and regulations in order to implement the
provisions of this ordinance;

 ((c) The City Manager or designee Permitting Department is
authorized to institute, or cause to be instituted by the
corporation counsel, in the name of the city, any and all
actions, legal or equitable, that may be appropriate or
necessary for the enforcement of the provisions of this article;
and

 (d) Any violation of this chapter shall constitute a civil
violation subject to the penalties contained in Portland City
Code, Chapter 1, § 1-15.


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City of Portland Pesticide Use
Code of Ordinances Chapter 34
Sec. 34-1 Rev. 1-3-2018

(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-14. Severability.

If any section, paragraph, sentence, word or phrase of this
ordinance is for any reason held to be invalid or unenforceable
by any court, such decision shall not affect the validity of the
remaining provisions of this ordinance.
(Ord. No. 110-17/18, 1-3-2018;)

Sec. 34-15. Conflicts with Other Ordinances.

Whenever a provision of this ordinance conflicts with or is
inconsistent with another provision of this ordinance or of any
other ordinance, regulation or statute, the more restrictive
chapter, article or ordinance of the Portland City Code shall
control.
(Ord. No. 110-17/18, 1-3-2018)

Sec. 34-16. Effective date; Applicability dates.

In order to allow time for residents and businesses to become
familiar with the requirements of this ordinance, the
prohibitions on the use of certain products and/or applications
(and the related public notification, signage and reporting
requirements) shall be effective as follows:

 (a) Phase One: Commencing no later than July 1, 2018, the
provisions set forth in Sec. 34-5 on outdoor pest management
activities shall apply to City-owned property (but not to high
use athletic fields or golf courses);

 (b) Phase Two: Commencing no later than January 1, 2019,
the provisions set forth in Sec. 34-5 on outdoor pest management
activities shall apply to private property (but not high use
athletic fields or golf courses); and

 (c) Phase Three: Commencing no later than January 1,
2023, the provisions set forth in Sec. 34-5 on outdoor pest
management activities with respect to high use athletic fields
shall apply to public or private property, except that the City
Manager or his or her designee may request that the City Council
extend this applicability date if they determine more time is
necessary to transition to organic management practices for
these properties and facilities.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 79-20/21, 9-21-2020)




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