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HEALTHY OUTDOOR PARKS AND PUBLIC SPACES BILL

on Tue, 12/03/2024 - 2:08pm

Below is the latest version of the Healthy Outdoor Parks and Public Spaces (HOPPS) bill, provided by the St. Louis No Spray Coalition and the Green Party of St. Louis.

An ordinance requiring the Department of Parks Recreation and Forestry to develop and implement an
Environmental Land Management Plan, as defined herein, for controlling noxious plants, fungus, pests,
and diseases that prioritizes natural and organic practices for land management and promotes healthy
soil, plant life and air quality without the use of  pesticides, as defined herein, and limits the use of
pesticides to those listed on the National List of Allowed Substances in the Organic Foods Production
Act (7 C.F.R. Section 205.601) as may be amended from time-to-time except as otherwise authorized
herein.
           WHEREAS, scientific studies conducted by the World Health Organization, the National
Academy of Science and the National Research Council, among others, have linked exposure to toxic,
health harming pesticides including synthetic herbicides, pesticides and fungicides with asthma, cancer,
developmental and learning disabilities, nerve and immune system damage, liver and kidney damage,
reproductive impairment, birth defects, and disruption of the endocrine system and the microbiome;
and 
           WHEREAS, the City of St. Louis currently uses toxic, health harming pesticides, including
glyphosate, pre-emergent herbicides and others in its park system, trails, schools, recreation centers,
playgrounds, and other City lands; and
           WHEREAS, it is a basic health right for all residents of the City to be able to use parks and
public spaces that are free of  pesticides that imperil their health due to exposure; and 
           WHEREAS, the City’s parks are one of its most treasured resources and have their origins in
promoting equitable health for its citizens by affording them healthy, non-polluted spaces to exercise,
play and come together with others in natural settings.
 
           BE IT ORDAINED BY THE CITY OF ST. LOUIS AS FOLLOWS:
An ordinance creating a new St. Louis City Code entitled “Healthy Outdoor Parks and Public
Spaces” (HOPPS) to promote a healthy environment that protects the public from the risks of
dangerous pesticides by restricting their use on city-owned or used public grounds including but not
limited to parks, playgrounds, trails, recreation centers, schools but excluding municipal golf courses
and the runways and runway easements at St. Louis Lambert International Airport, establishing
a natural, organic land management plan for our public spaces and lands as recommended by the
Aldermanic Health and Human Services Committee and establishing documentation and reporting
requirements shall be enacted. 
SECTION ONE.     Definitions.  
For purposes of this ordinance the terms set forth below shall be defined as follows:
1.  “City Lands” shall mean any property owned, controlled, or maintained by the City of St. Louis
including, without limitation, all parks, playgrounds and recreational facilities and spaces, public
school grounds and Land Reutilization Authority (LRA) properties. This  bill excludes municipal golf
courses and the runways and runway easements at St. Louis Lambert International Airport.
2.  “Committee” shall mean the Board of Aldermen's Health and Human Services Committee (or  a
similar Committee that oversees City parks).
3.  “Department” shall mean the City of St. Louis Department of Parks, Recreation and Forestry.
4. “Environmental Land Management Plan” shall mean a problem-solving strategy for land
management, tree and plant care, and airspace that prioritizes natural and organic practices for land
management for preventing noxious plants and pest problems and promoting healthy soil, plant life and
air quality without the use of toxic pesticides that are detrimental to the environment and health and
wellbeing of the residents of the City of St. Louis.
5.  “NOSB” shall mean the National Organic Standards Board.
6. “Pests” shall mean a plant or insect harmful to humans or the environment .

7. “Pesticide” means any substance or mixture of substances intended or used: 
a) to prevent, destroy, repel, or mitigate any plant, insect, or fungal pest;
b) as plant regulator, defoliant or desiccant; 
c) as an adjuvant, such as wetting agent or adhesive.
d) herbicides, fungicides, insecticides and rodenticides are all considered pesticides.
Pesticide  does not include any antimicrobial agent, such as disinfectant, sanitizer, or deodorizer, used
for cleaning that is not considered a pesticide under any federal or state law or
regulation. It does not include multicellular biological controls such as mites, nematodes, and parasitic
wasps, or other biological agents not regulated as pesticides by EPA. 
8. “Listed Pesticide” means pesticides that are:
a) recommended by the NOSB pursuant to 7 U.S.C. §6518 and published as allowable on the National
List at 7 C.F.R. §205.601, as amended; or
b) designated a “minimum risk pesticide” under the Federal Insecticide Fungicide and Rodenticide Act
(FIFRA) §25(b) and listed in 40 C.F.R. §152.25(f).
9. “Non-Listed Pesticides” are all other pesticides that are not on the allowable list as defined
above.
10. “Prevention, Avoidance, Maintenance and Suppression (PAMS) Strategy” shall mean prevention,
avoidance, maintenance, and suppression strategies that are recommended by the NOSB for controlling
noxious plants, fungus, insects, and diseases.
SECTION TWO.    Prohibitions.
Only listed pesticides shall be applied on any City Lands except as provided in Section Four of this
ordinance.
SECTION THREE.     Environmental Land Management Plan.
1.Within one-hundred and eighty (180) days following the effective date of this ordinance the
Department shall complete development of an Environmental Land Management Plan that is ready for
implementation.  The Department shall consult with and receive recommendations for the
Environmental Land Management Plan from the Board of Aldermen’s Health and Human Services
Committee. 
2.In making its recommendations the Committee shall consider current NOSB guidance for  managing
pests, weeds, fungi and diseases focusing on management techniques that rely on the PAMS Strategy. 
3.The Environmental Land Management Plan shall incorporate the following land management
methods and practices:
a) Regular soil testing of City Lands and amending soils as may be necessary based on soil
testing results using methods and substances recommended by the Northeast Organic
Farming Association.
b) Plant selections should be native to our region whenever practical.
c) Modification of land management practices to comply with organic horticultural science
including, without limitation; monitoring, watering, mowing, pruning, proper spacing, and
mulching.
d) The use of physical controls including, without limitation, hand-weeding, over-seeding,
digging and mulching.. 
e) For eliminating noxious or invasive plants the use of cut and cover and other barrier
methods rather than toxic pesticides.
f) The use of biological controls including, without limitation, eliminating habitat and other
conditions that support pests and result in increases to pest populations; and introducing
natural predators of pests and enhancing habitat and other conditions that support and
increase natural predator populations.
g) Conduct regular observation of City Lands to determine the best treatment times giving
due consideration to plant and pest biology, local conditions such as weather, and other

relevant variables.
SECTION FOUR. Approval of Special Requests for use of pesticides that are non-Listed Pesticides.
1. Subject to the requirements of this Section, the use of pesticides may be authorized by the
Committee. Pesticides may only be used to address situations that threaten public health and safety, or
where an invasive species or plant or noxious plant threatens the overall environmental health of the
area in which the authorization for the use of pesticides is sought and available organic control methods
are proven ineffective or insufficient to address the threat.  
2. A written request for use of each chemical.  The Committee shall develop a process for receiving and
reviewing requests.  The Committee shall review and respond to each request as soon as
practicable and shall allow a public comment period.
3. An explanation should be submitted by requestor as to why the prohibited pesticide needs to
be used. Only the least toxic of the pesticides that are available to address the threat and the minimum
amounts of  pesticides that are necessary to control or eliminate the threat shall be authorized by the
Committee.
4. The authorized use of a pesticide other than a listed pesticide is not to exceed 6 months. Following
the authorized use of a pesticide other than a listed pesticide, the individual that received authorization
must provide a written plan detailing approaches to prevent the need for further authorizations in the
future. 
SECTION FIVE. Posting Public Notice of Scheduled Use of Non-Listed Pesticides.
The Department shall post restricted-entry signs to notify the public in advance of applying any
authorized use of a pesticide other than a listed pesticide. The signs shall be posted at least 24 hours
prior to application and 72 hours after application, unless the Safety Data Sheets indicate a longer time
period is needed for safe re-entry into a treated area.  Said signs shall provide the following
information: 
1.  Statement that non-listed pesticides are scheduled to be applied in the specified area.
2.     Time and date on which the non-listed pesticides are to be applied.
3.     Name or names of the non-listed pesticides to be applied.
4.   Restrictions on use of the area following the application of the  non-listed pesticides.
5.     The method of application of the non-listed pesticide to be used.
6.    Department telephone number for members of the public to call for more information.
SECTION SIX: Accurate Record Keeping and Reporting on Non-listed Pesticide Usage in Parks and
Public Spaces
1.The Department shall prepare an annual report on its uses of non-listed pesticides where exemptions
were requested. Copies of the report shall be submitted to the Clerk of the Board of Aldermen and the
Chairman of the Committee at least thirty (30) days prior to the end of each fiscal year, and a copy of
the report shall be posted on the Department’s website at the same time.  Said report shall contain the
following information:
a) A copy of the request and authorization by the Committee for the use of  pesticides.
b) The exact sites, amounts and dates in which pesticides were applied since the last report
or, in the case of the initial report since the effective date of this ordinance, the last dates on
which the  pesticides were applied in these areas.
c) The square footage of the areas in which  pesticides were applied.
d) Trade names and common names of the  pesticides used in each area.
e) The registration number designated by the United States Environmental Protection Agency
for each  chemical that was used.
f) The amounts of pesticides applied to the areas, the methods of application, and the Safety
Data Sheets for each pesticide used.
g) Whether the City or a contractor applied the  pesticides in an area, and the name of the
contractor.

2.Copies of the reports shall be indefinitely maintained by the City and shall be posted on the
Department’s website and be available for inspection at the Department during normal business hours.
SECTION SEVEN:    Effective Date
 The provisions of this ordinance shall become effective after the completion one-hundred and eighty
(180) days following its approval by the Mayor, or following the Board of Aldermen’s vote to override
a veto by the Mayor.