Got Fined By The County :(

[temeculagrassgators]

Well today i was fined by the county for not having my applicators license I have a $1,736.74 fine over my head right now. Just because i have three customers that i do pest control services for, i wouldn't think i would need to get a applicators license for three houses! Not like i advertised for pest control. So what should i say in court? Or what should i do from this point? Thanks for your help
-Tyler

[Steve]

Tyler,

Sorry about all that happening. How did this all come about? Did you just get pulled over by the cops and then they ticketed you?

Or how did the county fine you?

I think a lot of members just don't understand how this works and what the risks are. The more you can tell us the better so we can all learn.

[temeculagrassgators]

Mark123; I have my business license for the city and county i also have my insurance. But i agree with you i should have got my applicators license. Business license and pesticide license are two different things.
Steve; Originally what happened was the police were called when i was servicing a customer. The neighbor next door called them. They showed up and waited for a county official to come out. The neighbor complained that i was making to much noise at 8:45 AM and he was going to give me a noise ordinance fine and asked for my licensing and i gave him a copy of my business license and he saw i had a pesticide spray in my truck and he said do you have a applicators license and i told him no so he dropped the noise ordinance ticket and gave me the one for using pesticide without a applicators license.

[CheapNEasy]

How were you applying the product? Were you tank spraying or bottle/pump spraying? Maybe you were "Doing the customer a favor" spraying chemicals they purchased for them? I dont know what to tell ya, I dont know what your laws are, some places you only need to acquire a license if you are "misting" rather than "spraying". Do your research, know your laws, if you were at fault bite the bullet and learn from your mistakes. But there could be a loop hole to save you some cash to get the proper license to preform these services with no problem.

[temeculagrassgators]

CheapNEasy I was tank spraying i have tank that goes on my back. I don't know much on all the pesticide stuff i was only doing it for three customers it wasn't a big part of my business. I was in the wrong i looked up the county laws and i do need a applicators license if i am applying it to other peoples homes. So i guess i have to "bite the bullet" on this one.
mark123 Well after everything settles i am going to get my applicators license then i can expand that part of my business. Mark so i need additional insurance to spray pesticide on top of the insurance that i already have? You didn't come off as a jerk i just thought that you figured i was an illegal not paying my taxes and that i didn't have my business license. But its a learning experience for me.

[temeculagrassgators]

mark123 I will give my agent a call tomorrow to see how much it is. I pay $763.00 a year. But that might include pesticides but I don't think it does. Thanks for your help Mark!!

[Steve]

I have a $1,736.74 fine over my head right now.

How does all this work now? Will you have to go to court or do you send in a check to pay the fine? Were there any other strings attached to this at all? Like do you have to do anything else besides pay the ticket?

[SuperiorPower]

Tyler,

I have only one suggestion. DON"T WAIT to get your license. Get it before your court date. Or at the very least, start working on it. If the judge sees that you are making an effort to get it and are working towards that, they may be nicer. If you go tell the judge, I will get it later, they may think you are trying to skip out and "get by" without it.

[temeculagrassgators]

Steve I have no idea how it works out. I go to court on Monday The 12th. I'm going to see if i can do community service in trade or pay a fine and do community service?? I have no idea yet but i will tell everyone after court i go at 10:30 AM
SuperiorPower I go to court on Monday so there is no way i can get my applicators license by then. I can ask the judge if i show him proof within the next month or so will he drop the fine or something??

[rom818]

Steve I have no idea how it works out. I go to court on Monday The 12th. I'm going to see if i can do community service in trade or pay a fine and do community service?? I have no idea yet but i will tell everyone after court i go at 10:30 AM
SuperiorPower I go to court on Monday so there is no way i can get my applicators license by then. I can ask the judge if i show him proof within the next month or so will he drop the fine or something??

Wait! What kind of pesticides were you using? If the only think you're using is stuff anyone can get at Homedepot or Lowes, then there's nothing they can do.

[temeculagrassgators]

rom818 I was using Termidor SC. But i don't get what your trying to say? Please explain a little more. It will help me out!!
Thanks
Tyler

[Steve]

Is it worthwhile bringing a lawyer to court for this?

Is there a mandatory court appearance or is it optional only if you want to fight the ticket?

[temeculagrassgators]

mark123 yeah i have no idea where that came from.
Steve it's optional. If i want to fight it i can request another court date. But on Monday i am going to talk to the judge and see his insight and what not. If i think i need a lawyer i will get one. But if he drops the fine i will just pay it. I was in the wrong either way. But we will see on Monday.

[rom818]

products

I'm pretty sure that if you're spraying products that you can buy at do-it-yourself places like Lowe's you're not breaking any laws. But if I were to go get a commercial product then I would have to have a license.

[majoe7]

Mark is right, also if the customers gives you a gallon of Weed B Gone, Round Up or Lawn Fert. and asks you to treat their lawn and you don’t charge them for a service then you can get away with it. It’s called a loophole in the system. You could increase the cost of the lawn cutting service to offset the no charge of the spray service. Have the customer purchase the product and next time you are asked if you are getting paid for spraying you simple say no, it ‘s the customers product, I’m just applying it for them. DO YOU REALLY WANT TO GO THIS ROUTE? A lot of small business owners take this way instead of spending the money to do it right. I don’t offer any spray service due to the fact that this is a part time job and I don’t have time. If I was to offer a spray service I would recommend the way Andy(Picframer) and Steve(Stout) and others are doing it and go by the way of Natures Magic. It's organic and from what I have read in their post and website you don’t need a license from the Fed. Govt or your Local Govt. ? I would get with them and discuss it. I’ve read where they have made it a very profitable business decision and a great choice.
Good luck on your court date and be Honest with the Judge and don’t try to play any games. You are right on track to ask if you can reduce the fine due to it being your first offense and/or community service to lower the amount of the fine.

Once again Good Luck.
John