HomeMy WebLinkAbout1993-01-12 Ordinance
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City of Iowa City
MEMORANDUM
Date: January 12, 1993
To: The Honorable Mayor Darrel G, Courtney and Members of the City Council
From: Linda Newman Gentry, City Attorney ~~
Ae: Proposed Commercial Pesticide Ordinance, Scheduled for Vote Tuesday, January 12,
1993
I have made some clarifications to the proposed ordinance, as follows:
1. I Included the language "certified" In the definition of "commercial applicator," In order to
be certain that the City can enforce this Ordinance against employees, as well as the
owner of the commercial applicator business.
2. The definition of "pesticide" has been clarified and simplified, note the strikeout portions
In the definitions of "pesticide" and "plant growth regulator." This clarification simply
points out that the typical yard or garden organic nutrients are not 'pesticides' under
either state or local law: compost, peat, com posted manure, bone meal, blood meal,
ash, epsom salts, topsoil, 812 growth stimulator and nitrogen.
3. Location and placement of the signs shall be according to state law, as found In the Iowa
Administrative Code. Since the commercial applicators must abide by state requirements,
It seemed appropriate to clarify that the same location and spacing rules apply to our
local ordinance,
I am also attaching a copy of a memo from Charles Eckermann, Chief of the Pesticide Bureau
of the Iowa Department of Agriculture and Land Stewardship, which he faxed to me today. Also
enclosed Is the logo/approved Sign from the Department of Agriculture, together with a second
"approved sign" from the department. Both signs are a minimum of 4 Inches by 5 Inches and
must be "contrasting colors" with a type size of not less than 3/8 Inches, State location and
spacing requirements are now a minimum of one sign In a front area within 2 - 5 feet of the curb
or sidewalk, and at least one sign within 2 - 5 feet from a back lot line If unfenced.
In order to assure uniformity and avoid requiring two signs, I recommend that the City require the
commercial applicators to use the already-approved language and logo attached hereto, as
provided by Mr. Eckermann, Thus, the commercial applicators would have one sign which
satisfied state requirements, and also satisfied City requirements - simply by being larger,
I trust this will be of some assistance to you, and I will be available for questions at the January
12 meeting, as needed,
Attachments
cc: Marian K. Karr, City Clerk
Steve Atkins, City Manager
Dale Helling, Asst. City Manager
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ORDINANCE NO,
ORDINANCE AMENDING CHAPTER 34, ENTITLED "VEGETATION," CODE OF ORDINANCES OF
THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW ARTICLE IV, DIVISlil ENTITLED
"COMMERCIAL PESTICIDEAPPLlCATION,"WHICHARTICLE SHALL PROVIDE F ' R REGULATING
rule which the city deems necessary~n order to prot ct the health, safety and welfare of Its
citizens; and said home rule exteQIs to the exercise of owers also undertaken by the State
where, as here, not pre,emr by State law. The City ouncilfor the City of Iowa City
therefore adopts this ordince concerning commercial app cation of pesticides to outdoor
vegetation, In order to yrotect the health, safety and welfare of e citizens of Iowa City, Iowa,
Section 34-76 Deflnlt~ns
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a, Application reans all outdoor application of pesticides.
b, IIcomter ~I appllcato~' shall mean a person or corporation, t,g ef the employees of a
person or corporation, g~l![jl~];r9] licensed In the State of I wa as a commercial
appll ator to engage In the business of applying pesticides to the roperty of another,
W?lher by spraying, misting, fogging, dusting, dragging, spreading ~r other means, for
~onetary compensation under Chapter 206, Code of Iowa (1991) and Sections 206-21-45,
Iowa Administrative Code (1992).
E ENFORCEMENT
COMMERCIAL APPLICATION 0
THEREOF.
adopting the following:
Section 34-77 Scope and Purpose
Iowa state law permits a city to exercls
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Ordinance No,
Page 2
c. "Custome~' shall mean a property owner, Including residential, commercial, Industrial, and
governmental subdivision who enters In to a contract with or uses the services of a
licensed commercial applicator for the application of pesticides onto the customer's
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property, and shall also Include a person such as an apartment manager, an o/tor of
a property, a responsible party, together with an agent or representative of any property
owner or business auth~lzed by the property owner or business to ent ~ a contract
with a licensed commerc~ applicator. "Custome~' does not Incl e '1arm," as defined
herein.
d. "Farm" shall have the same mean ~ as that set forth In t
Chapter 36, Iowa City Code of Ordl~ ces, ni:meIY" area of not less than 10 acres for
which the principal use Is the growing fo ale of rm products such as vegetables, fruits,
and grain and their storage on the lan, The term '1arm" Includes the necessary
accessory uses and buildings for treat~g an storing the food produced,"
e. "Pesticide" shall mean any sUbstanc/( mixture of ubstances that must be registered with
the Iowa Department of Agrlcult re and Land Ste rdshlp under Chapter 206, Code of
Iowa (1991),
egwlatoF&r but s all not Include substances to the
GFIl1ln ga91l,2(3), CeGe of
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extent that they are Intjded as plant nutrients, trace
plant Inoculants, an~;01l amendments.
f. "Plant growll1 Fegwlator" sl1alll1ave tl1e same meaning a
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lewa (1991), imelY any sw ntenGeG, tl1reugl1
pI1ysleIegiGaHlGtlon, for accelerating er retarding tl1e Fate of g &-Gf..makJralIOR
~erlng 1I1e bel1avlor of ornamenlal er creps ~I~nls er tl1e preduG&
llleroel;-lWl-sl1all-Rel-lnclude swbslaRG&s-lo \l1e exleAt-ll1al-lAe;4iF&-lRlenGed as-planl
fllltFleLraG&-6IemORI&rf\llIIltIORai-Gl1GmIGal&,planl-iA9GllIaAI&oanG sell am&AGmORts,
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Ordinance No,
Page 3
g, "Property" shall mean any tot, lots, tract or parcel of land within the jurisdictional limits of
the City of Iowa City, Iowa,
Section 34-79 Notification Sian Reaulrements
a, Prior to the application of any pesticides on @ customer's property, commercial
applicators shall place notification signs on each such customer's propel1Y. Said signs
shall be of a materlal,:~ ~s raln'r:.:~s~:nt for at least forty-eight (48)"UrS, shall be a
minimum size of 8.5!bS.t@,: x 11 !nS!l~; shall have large, bo ~erlng on a brightly
colored background; shall be easily readable; and shall nlaln cautionary warnings to
the public to keep off the treat area stating, for xample, "This property chemically
treated with pesticides on _, e," Said signs shall Include a logo, also
easily visible, showing entrance onto lnvfated property Is banned, Wj~~~!!w'!RI~~
l!fff:9CPftC'~iWIIl'."Tr'o/o/~T'o/N"-"~6br"'>>'To/"tI~'ir0''';'"^'CF'~T'm'_-tn~riff!"
If,!!", ""f#LC?~J,!LUJlJL!1;gMJRlPP J~LJWilttt!J9;JS91h9P;!!nJ,~Ratn9j1!l$;sSA.4L..&n
!hlllQwa~~lllifil~[4!B%@.
b. After application of pest~ es to a customer property, a commercial applicator shall
leave the nOtlflCatl07(gns In place, for at least
Section 34.80 Penaltl
Violation of this or Inance shall be deemed a simple mls emeanor, a municipal Infraction and
an envlronme tal Infraction. Said enforcement provlslo shall be deemed cumulative In
nature, a~ the City's election of one enforcement provision hall not preclude the City from
pursu?~ another, \
SECTION ill. REPEALER. All ordinances or parts of ordinances In conflict with the provisions
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of t~ls Ordinance are hereby repealed,
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Ordinance No,
Page 4
SECTION IV. SEVERABILITY. If any of the provisions of this Ordinance are for any reason
declared Illegal or void, then the lawful provisions of this Ordinance are deemed severable and
shall remain In full force and e ecl.
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SECTION V, EFFECTIVE DA E, This Ordinance shall be in full force and effect from and after
Its final passage, approval and pu IIcatlon, as provided by law, !
Passed and approved this _ ayof j 9_.
MAYOR
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Approved by ;' ,
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Ity Attorney's Office p If3
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AlTEST:
CITY CLERK
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ORDINANCE NO,
ORDINANCE AMENDING CHAPTER 34, ENTITLED "VEGETATION," CODE OF ORDINANCES OF
THE CITY OF IOWA CllY, IOWA, BY ADDING A NEW ARTICLE IV, DIVISION I ENTITLED
"COMMERCIALPESTICIDEAPPLlCATION,"WHICHARTICLE SHALL PROVIDE FOR REGULATING
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COMMERCIAL APPLICATION OF PESTICIDES AND PROVIDE FOR THE ENFO CEMENT
THEREOF.
of Ordinances of the City of Iowa City, low Is hereby amended by
adopting the following:
Iowa state law permits a city t exercise any power or perform any functions under home
citizens; and said home rule extends to he erclse of powers also undertaken by the State
where, as here, not pre-empted by St aw. The City Council for the City of Iowa City
therefore adopts this ordinance co ernlng c mmerclal application of pesticides to outdoor
vegetation, In order to protect t health, safety a d welfare of the clllzens of Iowa City, Iowa,
Section 34-78 Definitions
a. Application mean~ I outdoor application of pesti des.
b. "Commercial a 61lcator" shall mean a person or co oration, and the employees of a
orporatlon, certified or licensed In the te of Iowa as a commercial
appllc~ r to engage In the business of applying pestlcld \ to the property of another,
wh ther by spraying, misting, fogging, dusting, dragging, sp~\ng or other means, for
onetary compensation under Chapter 206, Code of Iowa (1991) and Sections 206-21-45,
,Iowa Administrative Code (1992).
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Ordinance No,
Page 2
c, "Customer" shall mean a property owner, including resIdential, commercIal, industrial, and
governmental subdivision who enters In to a contract with or uses the services of a
Ilcensed commercial appllcator for the appllcatlon of pesticides onto the customer's
property, and shall also Include a person such as an apartment manager, an operator of
a property, a responsible party~ ~gether with an agent or representative of any prope
owner or business authorlz by the property owner or business to enter Into
with a Ilcensed commercial a pllcator. "Custome(' does not Include '1~rm," as defined
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herein. /
d, "Farm" shall have the same mean g as that set forth In the)klty Zoning Ordinance,
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Chapter 36, Iowa City Code of Ordl ances, namely "an area of not less than 10 acres for
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which the principal use Is the growln for sa~arm products such as vegetables, fruits,
and grain and their storage on the lan, The term '1arm" Includes the necessary
accessory uses and buildings for t~(1 g and storing the food produced."
e. "Pesticide" shall mean any SUb~~C;; or ml ure of substances that must be registered with
the Iowa Department of Agriculture and L nd Stewardship under Chapter 206, Code of
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Iowa (1991), but shall no/Include substance tothe extent that they are Intended as plant
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nutrients, trace eliElOts, nutritional chemical , plant Inoculants, and soil amendments.
I. "Property" shalL mean any lot, lots, tract or parc I of land within the jurlsdlctlonalllmlts of
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the City of Iowa City, Iowa.
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Section 34-79'Notlflcatlon Sian Reaulrements
a. Prior ,to the appllcatlon of any pesticides on a customer's property, commercial
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appllcators shall place notification signs on each suc customer's property. Said signs
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,shall be of a material that Is raln,reslstant for at least f rty-elght (48) hours, shall be a
minimum size of 8,5 Inches x 11 Inches; shall have larg , bold lettering on a brightly
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Ordinance No.
Page 3
colored background; shall be easily readable; and shall contain cautionary warnings to
the public to keep off the treated area stating, for example, 'This property chemically
treated with pesticides on
date," Said signs shall Include a logo, also
easily visible, showing entrance onto the treated property Is banned, and shall be placed
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In accordance with state requirements concerning location and spacing, as et forth In
the Iowa Administrative C~de.
b. After application of peStlCId'e, to a customer's property, a com
leave the notification signs In p~ce, for at least twenty-four ~) hours,
Section 34-80 Penalties
Violation of this ordinance shall be deeme slmPlis emeanor, a municipal Infraction and
an environmental Infraction, Said enforcem nt rovlslons shall be deemed cumulative In
nature, and the City's election of one7nforc t provision shall not preclude the City from
pursuing another.
of this Ordinance are hereby repe~ed.
SECTION IV. SEVERABILrrllf any of the provisions 0 this Ordinance are for any reason
declared Illegal or void, the the lawful provisions of this Ordl ance are deemed severable and
shall remain In full fori nd effect.
SECTION V, EFFI:iCTIVE DATE. This Ordinance shall be In full orce and effect from and after
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Its final passage, pproval and publication, as provided by law.
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Ordinance No.
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Passed and approved this _ day of
MAYOR
ATTEST:
CITY CLERK
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Approved by
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City ttorney's Office !/.;.jf3
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ORDINANCE NO,
ORDINANCE AMENDING CHAPTER 34, ENTITLED "VEGETATION," CODE OF ORDINANCES OF
THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW ARTICLE IV, DIVISION I ENTITLED
"COMMERCIALPESTICIDEAPPLlCATION,'WHICHARTICLE SHALL PROVIDE FOR REGULATING
COMMERCIAL APPLICATION OF rSTICIDES AND PROVIDE FOR T~E ENFORCEMENT
THEREOF. \
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SECTION I. The Code of Ordlnenc s of the City of low
adopting the following:
Section 34.77 Scope and Purpose
Iowa state law permits a city to exercise y powers or perform any functions under home
rule which the city deems necess_a:7 orde to protect the health, safety and welfare of Its
citizens; and said home rule exlel ~~. the ex cise of powers also undertaken by the State
where, as here, not pre,emptej by State law. e City Council for the City of Iowa City
therefore adopts this ordlnite concerning comm rclal application of pesticides to outdoor
vegetation, In order to prJlect the health, safety and eifare of the citizens of Iowa City, Iowa.
Section 34.78 Deflnltiols
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a, Application m,ns all outdoor application of pesticl es.
b, "Commercia /applicator" shall mean a person or c poration, or the employees of a
In the uslness of applying pesticides to the property of a other, whether by spraying,
mls~ g, fogging, dusting, dragging, spreading or other means, for monetary
co~pensation under Chapter 20&, Code of Iowa (1991) and Sections 206-21-45, Iowa
Administrative Code (1992),
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Ordinance No.
Page 2
c, "Customer" shall mean a property owner, Including residential, commercial, Industrial, and
governmental subdivision who enters In to a contract wllh or uses the services of a
licensed commercial applicator for the application of pesticides onto the customer's
property, and shall also Include a ~ron such as an apartment manager, an ~~~rator of
a property, a responsible party, toge\er with an agent or representative ,ny property
owner or business authorized by the p\perty owner or business to ,tit Into a contract
with a licensed commercial applicator. (Customer" does not In lode '1arm," as defined
herein, \ '
d, "Farm" shall have the same meaning as th~ set fort~ the Iowa City Zoning Ordinance,
Chapter 36, Iowa City Code of Ordinances, ~e("an area of not less than 1 0 acres for
which the principal use Is the growing for ,I of farm products such as vegetables, fruits,
and grain and their storage on thal'nd. The term '1arm" Includes the necessary
accessory uses and buildings f9~ating and storing the food produced."
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e. "Pesticide" shall mean any su)>~tance or mixture 0 substances that must be registered with
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the Iowa Department ofi'grlculture and Land St wardship under Chapter 206, Code of
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Iowa (1991), exc~t(ng plant growth regulators, t shall not Include substances to the
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extent that they are Intended as plant nutrients, ace elements, nutritional chemicals,
plant Inocutnts, and soli amendments.
f, "Plant ~h regulator" shall have the same meanln as set forth In ~206,2(3), Code of
any substance or mixture f substances Intended, through
hyslologlcal action, for accelerating or retarding the r te of growth or rate of maturation
or for otherwise altering the behavior of ornamental r crops plants or the produce
thereof, but shall not Include substances to the extent t at they are Intended as plant
nutrients, trace elements, nutritional chemicals, plant Inoc lants, and soli amendments.
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Ordinance No.
Page 3
g, "Property" shall mean any lot, lots, tract or parcel of land within the Jurlsdlctlor.3J limits of
the City of Iowa City, Iowa,
Section 34-79 Notification SI n
a. Prior to the application of any, estlcldes on customer's property, commercial applicators
shall place notification signs on each such customer's property. Said signs shall be of
a material that Is rain-resistant for t least forty-eight (48) hours, shall be a minimum size
of 8.5" x 11 "; shall have large, bol lettering on a brightly olored background; shall be
easily readable; and shall contain autlonary warning to the public to keep off the
treated area stating, for example, ''Thl property ch ically treated with pesticides on
a logo, also easily visible, showing
entrance onto the treated property Is ban ed.
b. After application of pesticides to a custo r's property, a commercial applicator shall
leave the notification signs In place, f at Ie st twenty-four (24) hours;
Section 34-80 Penalties
Isdemeanor, a municipal Infraction and
Violation of this ordinance shall be
an environmental Infraction. aid enforcement pro slons shall be deemed cumulative In
nature, and the City's elec I n of one enforcement pro Islon shall not preclude the City from
pursuing another.
SECTION III. REPE LER, All ordinances or parts of ordln nces In conflict with the provisions
of this Ordinance e hereby repealed,
SECTION IV SEVERABILI1Y. If any of the provisions of th Ordinance are for any reason
declared II~ al or void, then the lawful provisions of this Ordlnan e are deemed severable and
shall remain In full force and effect.
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Ordinance No,
Page 4
SECTION V. EFFECTiVE DATE. This Ordinance shall be in full force and effect from and after
Its final passage, approval and publlcatlo ,-as provided by law.
Passed and approved this
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MAYOR
ATTEST: !
CITY CLERK ,
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Approved by I
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n:\lega~lng\vagecoml.ord )
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H<MBIR
Quality Care
THE NATURE CARE COMPANY
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Lawn & Landscape Malnlenance
Commercial Cleaning
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P,O, Box 5613
Coralville, Iowa 52241
January 12, 1993
354.3108
366.7822
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Dear Council Members,
I am writing in regard to the ordinance you will be voting on
tonight.
Do you really want to start a trend of passing local
ordinances that do not accomplish any goal or reasoning for having
such an ordinance. Ordinances to please the Vocal Minoritv? You
now are asking the professional lawn care business to litter our
streets with large scary-looking signs. At the same time, the yard
next door may well have the exact same or more pesticides applied
by a child with no warning sign posted.
We have asked you, as well as the general public, to come to
educational forums. Most of the people that even cared to come
were the environmental advocates. The reason they came was to show
their hysteria and emotions. It certainly wasn't to ask questions
or learn anything, such as the health risks of our business. Your
large signs don't even solve any of their ridiculous prejUdiced
concerns.
Our company alone has over 2700 clients in Iowa City. What
will they say when we add a $5.00 surcharge to Iowa City residents
for the' BIG SIGN ordinance? Have you ever considered that the
majority of lawn care companies may be driven out of Iowa City
because they will find their costs excossive compared to other
cities in the area? How do you think the general public will feel
when they have no, or only a limited, selection of lawn care
companies? The ordinance may enhance our business at Quality Care
if our competition is reduced or eliminated.
Since you felt we must have an ordinance, we attempted to
assist you. But of course, some council members seem to know much
more about our service business, our clients and the general
public's feeling about our business than we do.
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Our company alone spent over $27,000.00 in 1992 to educate you
and the public, because I personally felt ashamed of our mistake of
going on the wrong yard. I truly wanted to prove to you and the
public that we are environmentalists and want a healthy environment
too. And of course, \qe want to take care of our own problems
without local government intervention.
Please don't make a hasty decision just to save face. Why not
put this problem, if there is one, back to the state and the E.P.A.
Do your job and let the state and E.P.A. do theirs. As you know,
the state regulates our business and controls our licenses. It is
quite possible state preemption will be passed this year and all of
our efforts will be wasted.
We hope you put a good deal of thought in your decision. We
have spent our time and money to tell you and the pUblic the truth.
We believe in our community and hope you will make the sensible
decision, not the politically correct token decision. It is a
pleasure to work with you.
(D;~
Dean Moore
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Rev By:xEROX TELEeOPIER 7011 ; 1-12-93 11:IIAM I
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IF THERE MUST BE AN ORDINANCE
MAKE IT FAIR'
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_:Q: '!'he City Couudl nud CI1I1.1!US ul Iowa City
. luallly Care, the Naturo Care Cmll!,pny, would like to thank the Iowa City
;ouncll lor I~. ollnn I.u cdu<'l\\(l the public UII the Llsues 01 TeSPOllSlble
ie1llclde USO. '
~llIlty Care htlH alwnys hoon a Icuclcr III the Inwn care IlIdnstry, We have
", Ilwaynepanlted 11'l1l1l7.e11l1rul\1 IJesllcldos so we 'can spot spray ~hellever
.1QS1IIble; We !lrOll1ote o~le lertlllzlng, core nerallon, proper Illowlng
, je.lghtand lrt!(IUCllc:y, "lid oUler culluml ractl1l~ In obtalnlu8 a heallhy lawn.
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2llolllX r.....lL.llll8~\.>> hK'l1IIK'!<lh",le orlllnance.. We believe the place llir
~Ucldo regulallulI should be allhe stale evel. Now that the Iowa Clly City
. '.;qundl decided a locnll1ostlclde ordlnallCll should be adopted, make It lair.
,We'"reeognlze a nCl:lI at the 10<:<11 level lor education and coucerrt for
cho,ri1lc!llIY,Sl!lIs1tlve Individuals. '
",.;.::.:",' ,.
, Since Ihe 'clty counr.\l leels there should he all ordinance It should prnvlde
. . the eIenl\:nL\ 1ICl:llcd It, nccomllllsh goals lu the area ol health and safety, '
.. mistaken allplIcaUons, IIl1d puhllc education. We firmly believe lhe or-
. dlnilncli must have provl~\011S that nl1l f"lr I.n "II p~ - homcownero,
lawncarc compllnle9, nnd lnteMr pest control companies alike.
. The ordinance shflllld contain n provIsion for Rlgns JlOSted at the time 01 ap-'
, . pllCl\Uon. ThCllC will be u~ lor all (lefitlclde aPllllcatloll, homeowner or,
commercial. They will be 8'h"xll" In sl7.e and red In color. They will be easy
'to Identlly much like n stop slgn,'On each side shall be printed the unlvel'$ll
logo for pesticide application 111us the wording adopted In the stale rules,
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This could tluly be a progrtlll) lor public education. If homeownel'll are In.
cluded In this urdlllBllce 71;-80% of the usel'll 01 lawn pesticides would also
become regulated, 1I0mOOwners would be more npt to read Jabelslll1d use
sll!ll:'i' If homcownem are not Included are we Implying that JlC3l1c1de8 they
a!lp!y are ICIlS of a risk? Also\'s Interior pesticide use any dlfforent? Interior
pest conlroL\ applied to puhl c places nei:d to be pooted in the same manl1er
as prol~lonallawn care applicatlOI1$. '
... ~ _I __ .....1............ .h,,"l,l rII"I~ln n nm~t.Icidf! senfiltlvc reJdslr)'. 'This
~~
~;
@..:::,
"
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AN "
EXAMPLE
OFA
LETIER
AVAILABLE
TO THOSE
WHO SIGN
THE
REGIS1RY
. "..
,;,.:\.J:
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lIellol
You have put)'our,nRme on R rt'glst~ !
with the city so that yOU nl'll pl'\!- '
notified when a neighbor of youl'lll! '
g~lng to he reeclvlng a 11I11rCllSlIiIW
, I~wn treatmcnt. 11118 11I'C-lIoURCllUOII
Is a way or en.mlng, I1mt you arc
aware of the appointment and can
plall accordingly, ' '
~1~nU!tR Villi htUlI1 ~hnwn Unit'" ""n"
..._..............._v...._...
........ _....~_1Ul ~._~."._"'_.....~-
~.~_'............,_'...- _ ...",'"
1_IIlII,!IlIIIl,... _'HIIIIIl (rn_,___ftiI'lIM'IHoIt.
.
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-
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r
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~UCll1e ~\lla""" .......... .... ,.. ,.
.;olllltll decIded a localllestlclde ordinance sltOUllllle awl"""' ........ -
We'~n1ze a nool at the local level fur education and concern for
chelillcally,sensltlve Individuals. '
: . ; ",~. ...... ",
Since the'clty coundl reels there ~hould he au ordinance It should provide
the elements nC\)(lc<l Itl accomplish goals In the area of health and safety, '
mistaken al,pllcallllns, ane! puhllc education. We firmly belleve tile or-
dlnnnce must have provlslollS that al1: faIr \p all p<W.ll:s. - homeownern,
lawn care cumpnnles, !\lId InteJiflr pest control companies alike.
The ordinance should contaIn n provIsIon for signs posted at the time of aII-'
'plication. ThC1\C will be used for all pesticide application, homeowner or,
CQmmerclal. They will be S'h "dl" In size and red In color. They wlll be ellSY
to IdentifY much like a stop sign, 'On each side shall be printed the universal
logo for ~Ucjde application plus the wording adopted In the state rules,
.'
This CQuld truly be a program rorfubllc education. If homeowners are In.
, eluded in this ordinance 71;-80% 0 the users of lawn pestlcide.s would also
become regulated. 1I0meowners would be more apt to read labels and use
slgtl:'i. If homeowners are not included are we Implying that pcsllcldes they
apply are less of a risk'! Alsll, Is interior pesticide use any dirferent? lnlerior
pest CQnlroL~ applied to flubllc plaCeil heC<! to be pooted In the same manner
as prof~onallawn care appllcallons. '
We reel an urdlnance should conlabl a p~tlcide sensitive registry. This
registry would he maintained hy the city clerk. It would, be funded by the
, commercial appllcalors through a fee charged to each company (at least $100 ,
. per certJned appllcal.or). AJlllcensed appllcatol1l of pesllclde.s,lnterlor or ex-
., terlor, must regi~ler with the city, A registry run hy the city clerk 11'11I make
it easier for pen/lie who want tll be nollOed to get on a list, Also It 11'11I pro-:
. ,ide a falr, non' ,Ia.o;cd network In which to transfer Information.
Along with the rCHI~try. the City would make available emall, green stlckel1l
at no charge to nllllelWns on the registry or any person requesting them.
. The green sUcke'r would be a defense mechanism to avoid mtseppllcatlon
and would not derrease the aesthellc value oflhe properly. By placing these,
,o;iI sllckcrnlnthc Ur>l~r corncr of your door. we would then be able to help en', ..
sure 1It1.~ \,roll<1rt.v was not ~prayed. We would be giving adde,d protection to ','
people w 10 arc ~clmlUve to )1e1lllddCll and greatly decrea.:;mg the risk of I'
lawM Iletlln~ sprJyed for people who do not want it. It makes sense to put', '
these sllekel'll (Ill drKl1'Il of pel?ple who do not want applicallons because we, '
know thI1Jy~I!1 mak~.!l!!!!~e slickers were In p!~~ ..-... -.. .-:.~,~, ,..
There are many changC$ we wlli be making In our dally opemtlons. QuaUty' ',:
Care wllJ stromdy urge other ~'Ompanles to do this as well, first, Quality Care,
wilt ask each client to advJIl1) ua If they sell their house or property. We wll! '
also CQnllnue to educate people about the maintenance or heallhy lawns; ,
land'iCape plants, anu Inlegrated pest rnahagement. We will do thls through
oUT comlr.my,newsletter, on-slte vtslls, and volunteer work In the form of
5~hes given at service orgnnl7.allons and In sellool classCol.ln addlllon 'we
,will always strive to better onr Internal, day.\lHIay guidelines, This will help,.' ,
WI to Improve our communication with and service to our clients, ,',,::;: ','
~.' .' ,~.!:.:
We will conllnue to work with the Council, local a,roups and c\llzens towafd, "
,a polley Ulat will heneril Lhe whole community. YJ.e are all working for the,
!PI11c goal..,Q healthv environment, , . ,
Sincerely,
Your friends u( Quality Cnre
II~
AVAILABLE
TO THOSE
WHO SIGN
THE
REGISTRY
"'1
.. ",
~. ;
','
,,:1
m,
~,
lIellol
y y~ have put )'our, name fin a rcglst~ ;
II' t.1 the clly so that Yflu nte pre.
notIfied when a nelghlxir of youml! '
f:9lng to he receiving a IlrofeAAiona!
, i ~wn tl'\lntlllcnt. 11115 11I'C-lIotincalloll
5 a way uf eh.\urlng ,Ulat you are
aWl are or the appointment and can
p an accordingly, '
:rcause you have shown your con-
tll0~~~110~~n,..afPPllcatlOM We,
I d Is Ulonn you ota
nhew y ev ed plan. The plsnlnvolves
t e little green sticker Included wlUl
~IS letter. Placing the green sUcker In
e upper comer of your door on th
hlnged-sJde will Indicate that you d:
~ot Wish to receive any type ef profes-
s anal lawn Care trealll1ent,/n add!.
i'on, you Mve received a pamphlet
Al'Olll lhe EnvIronmental Protection
geney (EP A).
If you have any questions, suggestions . .
or comments please do nol hesitate 10
, call. We appreciate your InpUI, Thank you.
" " Pesllclde ScnslUve Registry
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Rev BY'XEROX TELECOPJER 7011 ; 1-12-93 2'31F~I;
01-12-93 02:39PM fROM IA GRAIN WHSE BUREAU
515 281 68004
3193565009:~ 2
P02
lInwa ievttctment nf Agriculture
an~ :roun~ g,tewur~S~fp
OALE M, COCHRAN
SECRETARY OF AORICU~ lURE
~'
'~
SHIRLEY DANSKIN.WHITE
Otl'UTY SECRlTARY OF AOR,Cu.rURE
HENRY A, WALLACE eUILCING
eES MeINES, IOWA 1031 S
MEMORANDUM
TO:
LAWN CARE OPERATORS
FROM: CHARLES ECKER MANN
CHIEF
PESTICIDE BUREAU
SUB/BCT: ALTERNATE NOTIFICATION SIGNS
DATBI FEBRUARY 14,1990
Specifications for notification sign approved by the Iowa Department of Agriculture and
Land StewaMship as an altemative to the requirement.! specified in Chapter 45(200)
Sectlon 45.50(6)(b),
The sign shall oonsist of the WOMS "CHEM1CALL Y TREA TED" centered horizontally at
the top of the sign in block lette~lng 1I0t less than 3/8 of an inch, A symbol not less tholl
1 3/4 inches In diameter of a stick figure of an adult, a child and a pet insIde a circle
with a diagonal slaSh, placed direotly below tho woMs "CHEM1CALL Y 'fRE^TED", The
WOMS "KEEP OFF" in block lettering not less than 1/4 an Inch shall be placed
horizontally with the WOM "KEEP'! outside of the upper left quadrant or the olrcular
symbol and the WOM "OFF" shan be placed outside of the lower right quadrant of the
circular symbol, The full company lIame and telephone number shlJll be plaoed
horizontally and directly below the circular symbol in block letterirlg not less than 1/4 an
inch, The telephone number maybe placed on a separate Une below the company name.
The final Une shall read: "DO NOT REMOVe SlGN FOR 24 HRS," This shall be in block
lettel'S not less than 1/8 an inch.
The Sign mal' be larger than the minimum required specfflcattol11l provided It L9 in direct
proportion to the minimum specifications,
AI! other regulations still apply when u.stng the alternate sign described above,
PST /pC.BS
/15
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Rev 8Y:XEROX TELEeOPIER 7611 ; 1-12-93 2:32PM: 515 281 6866~ 3193555009:~ 4
01-12-93 02:39PM fROM IA GRAIN WHSE BUREAU POq
\
"
.
THIS AREA
CHEMICALL Y
TREATED KEEP OFF
DO NOT REMOVE
SIGN FOR 24 HOURS
COMP ANY NAME
PHONE NUMBER
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'"
Rev BYiXEROX TELECOPIER 7011 ; 1-12-93 2:32PM;
515 281 68004
01-12-9) 02:39PM FROM IA GRAIN WHSE BUREAU
r~a B? '90 15133 4ea 687 5171
,
"
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CHEMICALLY
TREATED
KEEP
,- ..-....._~....".
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..,._ OFF
r---CO~tiNnAM :l-~"-"
1,_ companyp~one nUiiib~
co NOT ReMOVe FOR ~.fHRS,
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, FRml : IOWR RLLlANCE ENVIRON. CONCERN PHONE NO. : 515 964 1395
IOWA ALLIANCE OF ENVIRONMENTAL CONCERNS
1051 N,W. GREENWOOD
ANKENY, IOWA 50021
MONA BOND, EXECUTIVE DIRECTOR
PHONE & FAX: 515-964-1395
To: Iowa City Council
From: Mona Bond, Executive Director
Re: Proposed Iowa City "Commercial Pesticide Application" Ordinance
After careful review of the ordinance, the commercial pesticide applicators of
Iowa City would like to request a few points of clarification prior to the adoption
of the document.
1. Section 34.79 Notification Sign Requirements
a. The suggested language is, different from the state required language
that applicators currently comply with under stale law, Our question is: is the
proposed language In addition to the ourrent language or in lieu ,of the existing
larguage and has the language been approved by the Department of Agriculture
80 that we may use one sign in the city of Iowa City? Currently the state has
approved a universal symbol sign and we would request clarification of the term
"logo". Is It the Intent of the council to adopt the sign usingtheunlversal symbol
v.hlch Is approved by the Dept. of Ag for no admlltance or Is a "logo" to be
established?
As commercial applicators we would also ask the council to consider the
feasibility of the 6 112" x 11 "size. From a practical standpoint, the state law
requlrosthatthe sign be atleasl12" above the grass or 16" to the top of the
sign, This would mean that at approximately 1 0" above the gra99 a sign would
be placed that is rain.reslstant material, heavy enough to wlthstand the elements
and yet be a visible warnIng sign for at lea3124 hours after the application
(\\t1lch 10 current stale law),
In reality a sign of this size would need either two wires or a stake approximately
24" to 30" in length v.hich wlll make an excellent weapon or symbolic gun for
small children vt1en they are removed, The use of wires such as are used In
political campaigns, are easily picked up In Ie.,.", mowers, eto. and become a
physical danger to the publlo,
_ _._ __ _.~"""__'''__~~_'_''''''.____''R~''''''_R._''''_.__
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FR0I1 : IOWA ALL! ANCE ENV I RON. CONCERI~ PHONE NO. : 515 964 1395
Has the council considered requesting a deviation from the Department of
Agriculture requirement of 12" above the grass so that signs may be placed
closer to the grass in order to create greater stability of the v.Gmings? Or \Wuld
a compromise on the size of the sign be in order to enable the warnings to meet
state standards and still meet the council needs of a larger and brighter sign?
Keeping In mind that public notification is Important, if thero must bG larger
signs, 8S en association we would auggeslthe 6" x 6" or 7" x 7" sign thai would
still serve the needs of the council and public.
Section 34-80 Penalties
The vlolallons for the ordinance Include a eimple misdemeanor, municipal
infraction, and environmental infraction, This ordinance only addresses a
change from state law concerning the sign. We would ask the council for
clarification on the need for all of these violations,
To 81mpllfly enforcement we 8u9gest that the penalty only be a municipal ,
Infraction, (I undtlrsland this Is a $100 fine for the first violation and $200 for Ihe
second vloiallon.) Since this is a oily ordinance, adopted by the council, it would
make sense thai the penl!lllles are established by the city and notlhe court. A
simple misdemeanor would be a criminal case Vlhich would involve the city
attorney filing charges and f ask the council ~ It Is Ihelr desire to Impose a Jail
sentence upon applicators if a sign Is not the required dimensions? Common
sense tells you that a fine - Or gelling Into one's billfold -Is usually an excellent
deterrent for a crime v.t1lch Is v.t1al the munlclpal/nfraction \Wuld allow, In
addressIng the envlronmenlallnfraction, there seems to be no logical raason to
aosume that there would be any physical danger from a public standpoint if the
size of the sign Is not v.tlatlhe city adopts.
We 'Mluld also requesl clarification In the definition "commerclal applicator". If a
violation of Ihe ordinance occurs, as a profession we would request thal you
amend the language to read:
"Commercial applicator" shall mean a person or corporation, or the employees of
a person or corporal/on, certlfie~ or licensed In Ihe State of Iowa as a
commerolal applicator 10 engage in the business of applying pesticides to the
property of anoth\lr, "",",
This would place responsibility of an infraction upon both the applicator and the
employer holding tho license,
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TUESOAY,JaruasyI2,1993
, ,Our v,lew
I: :'Citycouncil
,::should kill
i i *..
I, :ordilJ.ance
I
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. !.' "Jo)l{IlClty Councilor Randy Linon Wl\S
~:tlgJil whcnhc S.1ld the city should lake the
;-1eai1byvollngonapestlcldeordlnance, It is
jthccouncl\'lresponsibllilytovotconlhc
. 'Issue. .
I
,. ,The Environmental Advoo:alcs' Urb.1n
{..;,t, : ~Uc]de Committee plans 10 pullts, own
'/.: ,prOposal.Q~~cbaUotInNovcmber.-Thc
jl 'groupwanlllo'dtaRaplanlhatlncludes
'\', _ :' prc'noljncll~on Ilgnsand penalties Cor
! ," . (~c:ommcrclal'vcndon ond'rcslden'ts who
'1;:- : applypestlcldeslnoorrectly.Mcmberssay'
";/ . ~ thcy,havc given up oli'thech)' council .
~:' ;"C:~Clir.g,uch'AI1onlll\3nc:c. . ".
.;';~ ' i -' Irlhc i'roup'dOeS gel I proposal em lhe
~'i' "ballot, vqtcn will have to beWllre DC .
.~; _ 1!' wording meanllo scare resldcntt inlo
':.)11:;. .I,unnecmary regulation, . .
"',"', I "/-".,,. "'r'- ' ,
'U"\"I, J,ln the meanllme, lheell)' cou/ll:i1 should :.
'.',;..." yotcdown IIJ own ordlnanc:c II S:30 p.m,
:'~..' " I, ~'WI r.1l Cll)' Allome)' Linda Gentry and
';" !'hcul.1rfdranedapcopoWthaI3ddrwed
~~ ;~, . concerns from people who wanted an .
;.~>', I'ordlrianccandpeoplewhowercconcerncd'
about IIJ rtgulalory power. ThccoulIClI'a
..... ~.fillAldranwlUoranordinlU1celhalwould
,y . i, do linlc more lhan cha'ngcalgnsand cme
"."'I" I hUllachuforbulinenownetSlndprlvatc
'i(,:':.. l'cltlzenJ.
"! I .
...'tt . j Ildoesl/ll:lude nnes for noncompliance, :
,..' l~bulwllhoul~moneyorllarfloenfom:lhc
?;j; ,'.'ordlnance'.ndregulateuseofpcstlddcs,lhe.'.
;'i.I,I.,. .1.planwou!ddollltle,lnlleadlhecltywould Ii
:",:~," .'havclorelyonneighbonlopolntoul ' \.
rr.r :~..~: .~II~kl~ln'lhelr~~muoll)'..\.:~:.-~ i,'.ll.w,._i'
.:'...~:': ~ Prior dmfts of lhc ordinance Included' 'I
~ '.I.~ '. ~ reslrlctlng appllcallon 10 limes when there [s
.,' IIldcwlnd,-andconnnlngoppllcalionnear
.,,' :1 waler sourccs 10 the lopofa bank, , "
. ~,,' II . ,:',' " ',.'
",',;" ,;,' 1lH>>crestrlcUonslucclementary, The)' .
'. : .ppm IS warnings on almo5t every
"colllalncrofpest[clde found Inl~wnand
r '.. : gardcnllorcs,lndcommercllllappllcalors
::alr~dyfolJowlhem.. . "
., ThebcllerlO[ullon Is educllllngpropcMY
owncrlandreJldenlS,Commcrclal
appllcalors alrcady u~c brlghlgreen 118M '
when spmy[ng alllwn wllh chemIcals,
: Prlvlle.ppllcatoncouldbcencouragedlo
: do thciln1C. TClIch[ng pcoplc 10 recognize
thoscslsnswouldbcmuchchupcrth,ln
"'req~lrlngne~oneJ,
',' EduclIllngthe public aooul when, where
". 1 IlndhowpeslJcldclshouldbcusedwllhln
, cll)'lImltt,andhelplnglhernundmtolldlhe
~ dangen of ovcrelposure. would nuke morc
~~l.": ,t. sen~lhan~sslngordlnance'lholcannol be
'i'l,enforced. '
, ~. 'Lanon was righlllbout needing a vole,
Nowlhe ell)' should Illkclhe Icadb)' _
..,' .i:\'otlngdownthcordlnaneellrnlencourllglng
;Jsrour,SloworkonCduclllnglllcpublic,nlll
, relu Itlng II, '. ~, '"
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Opinion
Remin~er looks past dreary
I Nothing ojJm mort hopt nndprontlst d1/Jll a
sudcataJog. '. .'
Lette~ '.~
AiportstUdysho!vs
different numbers
~ir_ 'Dium rilSCJ morc tIun one'
dilemma. In hll IlltemenLS llllhe"
Prm.CltlulI roncemlnl lIIe mor-
Itorlum'on Ihedmlopment'ploposcd,'
by MCTl1M,Mr. D1umslllesth.ilthe
lIPlndins or the prescnlllrpon site
would COil belween $10,9 Ind SI9
mllllonandth.ubulldinS'llCwahpor1
would COli $9,8 mllllOll;' ";""~I.-bl<u
'. Acron/lns 10 Cotrr:nm ,nt~k'..:, ',1
atel, the finn hired .by thci~'A1!PO"~'." "., I
Comrnlulon,'lo sludY.IU tho:po"lbto(. ""
opdonJ~ernlns.thcillrpor,,~bUlId':."i
:lns'i-newalrport'would',cOl!'S15.7i"
mllllan(paae4.23,CofrlNn5tudy),.I,..
bell~o the people new lo,lio'al~cn ':
ICcurilte naurc. Ind II~cn.thC$<l nS- .
urulheywlll findlthlfdlON~klny ,
Il'chupendilurc, .",
Mr.nlum'lnew.lrportrallclother' ,
queltlolll II well. Wc .lready koow
thai ,the.lohnw CounlilJoanl of,'
SUJlCrvbor. h.1s ~cry wlsclyromo oul.'
a&alnlllrlo~lnl thcalrpol1. Thmrorc,'~
II lawa Clly lolng 10 Innex more land '
10 ACtOIIlfl1OI.!~te thll move11rllleydo, .
\\hatdOCllhll mC4n 10 tho lup.yu1""
MUlt lo\\'a CIlY ulcnd ILSrolJ~e.rld _
nrc prot('(tlon1 Whal lboul more
roadl 10 m~lntlln1 Whll ,will the 1I0w Ions 'wlll we tolerate havlnl moll populous centlll section,
lupa)'ct pay 10 m.lnllln'ln 'alrport rew Irml altcrmtlm to a tl.n'porta. rtdml somnment'l rontrlhulll
.Imoll twice the IllC or the preltnl lion nllXIe tNl annu.lly 1111. ,Imolt . Illtldy committed. Now Is the II
ahp0l11' . '. $00 people \\ho\\c<<lSulllyoroolhlna wrltcthelo~emorandyourlelll
Ilhlnk'there nuds 10 be"a'mof-' trlOfe lh.n lotns 10 wOfk or lrylng 10 thalYOlldcltrveatfuelalterll.11
atorlum on~the a1rrcn 'll'hl1c II'e nrld Ict rfom one ptl~e 10 another, Thll one In IIhle~)ou could cully
001 the Inslleu 10 atCIC and tnlny nBura 1I0m'IIncludc the InJuled 'll'ho r.t.lllIthtk. Thll new nil JI.lII
morequClllons. :' -,'~,' .,e .1l1l.lIvc. lr tholC InJurlel were scfVlce rould pfU\'llIe. beBlnnb
, .." Und,C'lIlplon 'prmntc;l, no doubt I halpltal w]nl wlrdellmlnallnllhe"b.dncIII,'
low. elly lloolll h.1vc to be clolCd In rmny . Cllhu/ne Jo!
,I ...' ':. . :.rru. , '0111
',-' cis'a1 ' II Illhr.e thJlwe don'tlmpt the
: own nee l tcmattve ' r"llhll le.~lnB home II I d.naaroul
;' ," ,', IlnlC or Ruulln roulette In IIhleh II'e
and safc lranspoltaMlI' ..Id be ,no ,r ~, 1OO d," "
. perhlpllnJUfedrorlife.
'II secllU 10 me lhlt the edltorl.I' low. 1\.11 I lrul oPpol1unlty 10
hudlns'''Rood slatlllles Ire sooJ rombatthllunu.1 1011 orllrc ""hleh
ncwl" IcA olrlhc nnhhlillC\\'hlth, mf)'one 1oo\\'I""J11 tahpll,e'bc,
lhould hm reid, ".nd Nil MWI," . I C.UIt the IlItllllcl provide In Indul' .
h'l, eonlftlCnd.1ble thai IC(idcnt~ able ,rim IKard, A tlnypertcnll.e of
In~oMnSIICII.l;olhmdecfmedoot IlIlrlnlpoltltlOll buJ.el coulll be
_ner hilII' mJnl hI~c bel:n 1i11td Of 'dtlHc.ted tow.n! III ~ufllrlbutlon ror
, "..lit, ""......1.1., nil p:llltnlerser.kcthroo,h 10ll'a'l
Thefe's wmcJhlng ~boul the. p.c Conhllldor
NlutllpfogrenlOllorJhlns.th~t
nemrail.lolmusclnC.l!very
)'urllc go rromMoJher'1 Djy to
summerplcnlclloba~k.t()<school
alldefou<ounlrysuson. '
Then uthe lCjves rall and the'
lcmpefalUreJdropwelathcrror,
Th1nklgivlng. Thcre'snoUme :
rorpolt.Thlllullvlnlblucsbe-"1
causc Chrlnnul a1rcady IJ Inthe.~,,;,oI
stofCl,themalb.IlCWJpopell, :
rill/Io, If:le~ldon.It'.ever.\hcrc,'
unal'oiw.blc, Evcn the s.honest
alldw.lkelldayorthc)'earlocl
unllOllced In the rfenzyorprcpa'
hllol\J.'. ',.."
DUllnet the lIocklna~: the .::' _ .'.
,plcscnll, thedinllCtlndramily..-.... ,"-.
logclhcrnc:u, wllll'II\CXI? Three month. or CIlld Ind
probablynulYWtjther,DndllllletokcepoorJplrl1l
up, NewYcar'JEveisonlyalltnlshl,andanU, .
cllmaetlellbeJt,an'oRendl\ln!enorgyrcjfelledthe
nc:llw)'llonelrieslocomblne'poundinghead.1~he
""lthfoocbJllgamel. ", ., '.
ThedayaAerChllslm3l,uloblmtdmy'llvlns
.' fUOm .till .trewn with piecel ofwrapp1ns p.lpcr and
, ribbon, mbpljctd wlrranty cud. Ind . slimy raw,
hldebo~half.buriedlntllluepaperbchlndthe
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DrIIfH.lb,Jrl~lnrT9fiJr '
cou~h, I beaan reelinllhnt holldarlct-ilown thll
mtdi. Plychologlsu w.rn aboot, wontmd Iftherc
ml&hl be l~hlnninS knlahl somewhere, IIho could
charge lnonl ""hite hOllCbcarinshopclJldpromlsc,
butanerSanll'Iknctllhocooldrompete1
Someoncnmec!osc, Wearing.blue'ltlyunlrorm
Inddflvlnalwhi~Jeep,ournlJlIarrk:rd.:U\'CItda
hlnllful or lire Chlbtmu mili, some Junk malllnd
thefintl993&udc.llla,.
Nothlnsorrersmofehopcandpromlselhan&sced
nlllol. .
I rorgOl thc fl1C1I In lhe llvlns room Indcurled up
""Ith thlJ new lrusufe. The p]~lufCI were gorgCOlls '
- perrectly round, ~el~ely'red 10maloesjulI walling
IObetlltJltd,promhlng"reallomllOnJl'Orln
ncryblle";lI(llItcnleBlpllnll identically Ill1ped
lhcirpulple.lr.llIJlliucnlng;ndllhCS""ithoot. '
l>lcmflh and srecn balll In prorullon, And the
nOll'enl Noonc I know Srowl nowen th.atlook Ilke
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: 1I'lbeenjultlo'ngcnoughilllCelul)'ur'sglrden
thall'~e ror,OIlcn ctrtdn unpluJlnl upectlln mu~h
the Jlfl1C W'Y that one rorlcu lhellnplcaulIlllCJl or
pre'lIIIlC)'andpllnslJlOlhcrehlld,Oncmol1lreadlnl
IIIdl\lilln'lfemembtrrachlnSrorlbcautlfultOllUlO
,only 10 nnd II IllhAbltcd by. rll, Breen homwonn.l
Ilso'A'On'trcmcmbcr: .,
I the unmillSlicdjoy or pulUns w<<ds with one
IwIdllld l1applns gnau with Iheolher...'
,I rccllnl50rryforthoscsl_babytormlopllnll,
soJ~II'lldlonelY.llldpl3ndnsI2molo"Justln
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