(a) Policy. It is the policy of Montgomery County to promote environmentally sensitive landscape pest management in its parks by phasing out the use of the most hazardous pesticides and reducing overall pesticide use while preserving landscape assets, maintaining functionality of playing fields, and protecting the health and safety of the public and County employees. To carry out this policy, the Parks Department must, subject to appropriation, implement the provisions of this Section.
(b) Pesticide-free parks. The Parks Department must implement a pesticide-free parks program that, at a minimum, consists of:
(1) the maintenance of certain parks entirely without the use of registered pesticides other than listed pesticides;
(2) a program for reducing the use of registered pesticides other than listed pesticides on playing fields that includes:
(A) a pilot program consisting of at least five playing fields maintained without the use of registered pesticides other than listed pesticides that:
(i) is conducted in consultation with an expert in organic turf management, with experience in successful transitions from conventional to organic turf management; and
(ii) includes a publicly available plan describing the practices and procedures used;
(B) maintenance of all other playing fields using an integrated pest management program; and
(C) a plan submitted to the Council by September 2019 for transitioning to maintenance of all playing fields without the use of registered pesticides other than listed pesticides by 2020; and
(3) a public communication campaign to inform the public of the existence and progress of the pesticide-free parks program.
(c) Pesticide usage protocols. The Parks Department must develop usage protocols which limit the use of registered pesticides other than listed pesticides to the maximum extent possible and, subject to the exceptions in subsection (d):
(1) do not permit the use of registered pesticides other than listed pesticides within 25 feet of a waterbody;
(2) except where immediate application is necessary to protect human health or prevent significant economic damage, include the posting of notice of each planned application of a registered pesticide other than a listed pesticide on the appropriate Parks Department website and in the area where the pesticide is to be applied, from at least 48 hours before application through at least 48 hours after application, that includes:
(A) the common name of the pesticide;
(B) the location of the application;
(C) the planned date and time of the application; and
(D) the reason for the use of the pesticide; and
(3) provide for pesticide application information required under paragraph (c)(2) to be made available to the public in real-time and in a manner consistent with the Montgomery County Open Data Act, Chapter 2, Article XIV of this Code.
(d) Exceptions. The pesticide-free parks program and pesticide usage protocols may generally permit the application of a registered pesticide to:
(1) control weeds as defined in Chapter 58, Weeds;
(2) control invasive species listed in a regulation adopted under subsection
33B-5(c);
(3) control disease vectors;
(4) control biting or stinging insects or stinging plants;
(5) control organisms that threaten the health of trees or shrubs;
(6) remove weeds as part of the renovation of a playing field;
(7) control pests while engaged in agriculture; and
(8) otherwise protect human health or prevent significant economic damage.
(e) Reporting requirement. The Parks Department must submit semi-annual reports to the County Executive and County Council on or before January 15 and July 15 of each year that:
(1) detail registered pesticide usage, other than listed pesticide usage, in County parks during the preceding year, including:
(A) the common name of each registered pesticide used;
(B) the location of each application;
(C) the date and time of each application; and
(D) the reason for each use of a registered pesticide;
(2) describe the status of the pesticide-free parks program implemented under this Section; and
(3) are available to the public in a manner consistent with the Montgomery County Open Data Act, Chapter 2, Article XIV of this Code. (, § 1.)
Editor’s note—, § 3, states as follows: The prohibitions and requirements related to the use of registered pesticides and neonicotinoids on County-owned property and in County parks contained in Sections 33B-10, 33B-12, 33B-13 and 33B-14 take effect on July 1, 2016. 
