A Further Review Of The Impact Of The Anti- Pesticide, Herbicide, And Fertilizer Resolution – Would Reduce Workday Hours During Which Products Could Be Legally Applied By 95%

I wanted to provide some additional details regarding Resolution 1-R-23, the anti- pesticide, herbicide, and fertilizer resolution. During my discussion with Alderperson Del Toro he repeatedly stated that the resolution was not a ban. When I pointed to the restrictive nature of the rules put forth in the resolution he responded, “We’re asking that you try your hardest to do that.” In response to my concern that historical weather data indicated that the windspeed in Appleton was consistently above the 5mph maximum the resolution allowed any pesticides, herbicides, or fertilizer to be applied, he suggested that the data I referenced referred only to the prevailing winds for the day and that there would be times during the day when the windspeed dropped below 5mph.

I have since gone back and gathered hourly weather records in the 54914 zip code for April 1, 2022 through October 31, 2022.

Here is the data set.

During that timeframe, there were 2,982 hours between the time of 7AM and 8PM. I went through the data list and filtered out any hour in which the windspeed was above 5mph. I then went through that and removed any hour during which there were wind gusts above 5mph. I then went through that and removed any hour during which there was precipitation or the temperature was above 80 degrees Fahrenheit. The end result was 128 normal working hours out of 2,982 during which it might be possible to put down lawn care products and be within the bounds of the rules laid out in this resolution; that’s a mere 4.3% during which it would be possible to apply pesticides, herbicides, or fertilizer to a private property under 5 acres in size within the City of Appleton. And that does not even take into account the 13 potentially “safe” hours during which is was “overcast” or the 19 that are located on days where it rained at other times and which might fall under the “potentially rainy weather” restriction.

[Not being a gardener or someone who utilizes these products, I can’t speak as to whether the days and times these products could be applied would even be practical, or if the restrictions would result in other issues beyond simply the infeasibility of scheduling or even being able to ascertain when these legal times might be. Looking at this generally, it’s very hard to see how these restrictions would not result in lawn care and pest control companies no longer being able to serve the residents of Appleton. It’s also difficult to see how restrictions that result in a 95% reduction in the allowable time in which it is even possible to legally apply these products is not a de facto ban.]