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 shall use its 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 citizens who own 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 provide such residents 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.
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.

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.

Sponsored by: Brenda Gilmore, Pam Murray

LEGISLATIVE HISTORY
Introduced:	March 20, 2007
Passed First Reading:	March 20, 2007
Referred to:	Budget & Finance Committee Health, Hospitals & Social Services     Committee
Deferred:	April 3, 2007
Deferred:	April 17, 2007
Deferred to June 19, 2007:	May 15, 2007
Deferred to July 17, 2007:	June 19, 2007
Substitute Introduced:	July 17, 2007
Passed Second Reading:	July 17, 2007
Passed Third Reading:	August 7, 2007
Approved:	August 9, 2007
By: