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<br />Mr. Duane Schwartz <br />June 29, 2006 <br />Page 2 <br /> <br />may not enact an ordinance that contains more restrictive pesticide application warning <br />infonnation than is contained in the state law. Id. <br /> <br />As a result of the extensive state regulation of pesticides and preemption of local <br />government authority, the City is limited to enacting an ordinance regarding pesticide signage <br />requirements. As you may be aware, our office provided the City with a draft pesticide <br />signage ordinance in 2003. The draft ordinance complies with the requirements of state law <br />(the statute has not been amended since 2003). Accordingly, we have included that pesticide <br />ordinance in the following fonnat: <br /> <br />408.04: PESTICIDE APPLICATION WARNING SIGNS <br /> <br />A. Warning Signs Required: All commercial or noncommercial applicators who <br />apply pesticides must post warning signs on the property where the pesticides are <br />applied in accordance with Minnesota Statute section 18B.09. <br /> <br />B. Sign Requirements: <br /> <br />I. Warning signs must project at least eighteen (18) inches above the top of <br />the grass line. <br /> <br />2. Warning signs must be of a material that is rain-resistant for at least a 48- <br />hour period and must remain in place at least 48 hours after the time of <br />initial application. <br /> <br />3. Warning signs must contain the following information printed in <br />contrasting colors and capitalized letters measuring at least one-half inch: <br /> <br />a. The name of the business organization, entity, or person applying <br />the pesticide; and <br /> <br />b. The following language: "This area chemically treated. Keep <br />children and pets off until (date of safe entry)." <br /> <br />4. The warning sign may include the name of the pesticide used. <br /> <br />5. Warning signs must be posted on a lawn or yard between two (2) feet and <br />five (5) feet from the sidewalk or street. For parks, golf courses, athletic <br />fields, playgrounds, or other similar recreational property, the warning <br />signs must be posted immediately adjacent to areas within the property <br />