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HomeMy WebLinkAboutO-1959-565• ORDINANCE N0. r ~ AN ORDINANCE PRESCRIBING REGULATIONS OF PEST CONTROL OPERATORS, CREATING THE CIT OF LA PORTE PEST CONTROL CO[gI~iISSION, AND DEFIrdIIVG THE DUTIES THEREOFt PRESCRIBIN FOR LICENSING OF ALL PERSONS, FIRIdS, PARTNERSHIPS OR CORPORATIONS IYEIO ARE EN- GAGED IN THE BUSIrdESS OF PEST CONTROL, I?EFINING TERigS, PROVIDING REGULATIONS AN,i REQUIREMENTS FOR CONDUCTING EXTERitIINATION ~IORK, PROVIDING SAFETY PRECAUTIONS, CONTAINING A SAVINGS CLAUSE, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING THAT PERSONS WHO VIOLATE THE ORDINANCE SHALL BE FIrdEP, UPON CONVICTION, NOT LESS THAN TEN DOLLARS ($10.00) NOR MORE THAN TIRO HUrdDRED DOLLARS ($2CO.OO), AND TIl~1T EACH DAYS VIOLATIOid SHALL CONSTITUTE A SEPAP~ATE OFFENSE. BE IT ORDAINED BY THE CITY COi~tiIISSION OF THE CITY OF LA POR'TE, TEXAS, THAT: Section 1. Definitions. IVhenever used in this Ordinance, the follow- ; i • w ing definitions and meanings shall apply: "Pest Control Business" shall mean a business owned by a licensed Pest; Control Operator and operated by either such licensed Pest Control Operator or a licensed Employee Operator for the purpose of using or employing insecticides„ rodenticides, fumigants or other substances for the control or destruction of insects, rodents, termites or other similar pests. "Pest Control operator" shall mean any person, firm or corporation who engaged in the business of using or employing insecticides, rodenticides, fumi- gants or other substances for the control or destruction of insects; rodents, termites or other similar pests. "Employee Operator" shall mean any employee of a licensed Pest Control Operator or Pest Control Business who is in charge of the Pest Control Rosiness conducted within the City. "Insecticides" shall riean any substance, not a fumigant; used for the destruction or control of insects or other similar pests. "Rodenticides" shall mean any substance, not a fumigant, used for the destruction ar control of rodents. "Fumigant" shall mean any substance r~rhich by itself or in combir~tion with any other substance, emits or may be made to emit gases, fumes or vapors, dangerous or injurious to human beings, which is used for the purpose of con- trolling the increase of or destroying insects, rodents, vermin, or any other similar pest; providing, however, that calcium cyanide, when used as a spot fumi gent in gassing rodents in enclosed spaces and in such minimal quantities and in such locations that it, or the gases from it, will not harm human beings or do- mestic animals,, shall not be considered a fumigant for the purposes of this Ordi Hance. "Insecticidal fog" shall mean treatment employing fluid formulations j consisting of insecticidal chemicals dissolved in a solvent, and therrlally dis- j persed by the use of a ther-:~al aerosol generator, or other similar generator. "Flood Infesting Organisms Control" shall mean the application of reme- dial measures for the purpose of controlling teri,~ites and/or other woad infestinb organisms in structures. "Place of Fumigation shall mean any room, portion of building, house, sea-going vessel; or any enclosed area frequented by human beings. °'Structure" shall mean any building, regardless of its c;esign, or the type of materials used in its construction, ;whether public or private, vacant or occupied, including its foundations. ' -2- ' "License" shall mean the written authority issued by or under the pro- visions of this Ordinance to any person, firm or corporation to operate or main- twin for public services a Pest Control Business. "City" shall mean the City of La Porte. "Singular" and "plural" words used in the singular number shall includ the plural, and the plural shall include the singular. Present and future vrords used in the present tense shall include the future. N, Section Z. The terms of this Ordinance shall not apply to any persons constituting an agency of the Federal Government, State of Texas, or City of La Porte; engaged in any work of rodents or insect control or extermination or any persons employed by such agency or by its Governments engaged in any such work. Chairman thereof. The Fire ~Elarshal shall also be a member Ex Officio. The third i member shall be appointed by the City Commission and shall be well versed and i r qualified in the proper use and control of insecticides, rodenticides and fumi- j gams. j Section 3. There is hereby created a body to be designated, "City of r La Porte Pest Control Commission", which shall. consist of three (3) members. Th" Chief of the Fire Department shall be a member Ex Officio, and he shall be the Section 4. El,~,gibility of Is4ember of mm's,~'4n for License. Nothing • herein contained shall prohibit the issuance of a license to a member of the City of La Porte Pest Control Commission, other than the Ex Officio members thereof, upon his complying with all of the requirements hereof relating to the issuance of such licenses. Section ~. Duties of Commission. It shall be the duty of the La Porn • Pest Control Commission to investigate all applicants for license under this Or-', ~dinance, to determine if all such applicants have the qualifications hereinafter,, i ' prescribes for the type of license sought, and tiahen any applicant upon such in- vestigation and determination is found to be qualified and lit under the provi- Isions oi' this Ordinance to recommend the issuance of a license to him upon his complying with all of the requirements herein prescribed. It shall be the duty Hof the La Porte Pest Control Commission to have available for public information jthe current safety rules and regulations concerning insecticides, rodenticides, fumigants and insecticidal fog operations. • CJ Section b. License R~t~uired. It shall be unlawful for any person, firm, or corporation, to engage within the City in a business of pest contml without having a valid, unexpired and uasuspended Type A or Type B license is- sued under the terms of this Ordinance; it shall be unlawful for any person to be employed as an Employee Operator by a licensed Pest Control Operator or a Pest Control Businesst as herein defined, and for a licensed Pest Control Operator or Pest Control Business to employ any person, as an Employee Operator, who does not hold a valid, unexpired and unsuspended Type C or Type D license under the terms of this Ordinance. There shall be four (4) types of licenses for Pest Control, to be • • • known and defined respectively as Type A, Type B, 'iype C and Type D: Type A License, when issued, authorizes the holder as fumigator-exterm).- nator to perform and engage in the practice and business of Pest Control using poisonous fumes, gases and vapors, as well as other poisonous materials and sub-~ stances. Type B License, crhen issued, authorizes the holder as exterminator onl~, to perform and engage in the practice and business of Pest Control by mea>s o~therr~ than using, generating or releasing lethal or poinsonous fumes] gases or vapors.i Type C Licenser when issued, authorizes the holder as Employee Operato to perform and engage in the practice of Pest Control, using poisonous fumes, gases and vaporsr as well as other poisonous material and substances only as an employee of a holder of Type A License. Type D License, when issued, authorizes the holder as Employee Operato to perform and engage in the practice of Pest Control, by using means other than generating or releasing poisonous fumes, gases or vapors as an employee of a hol der of either a Type A or a Type B License. Section `~. li,pplication fo,~ License. Any person desiring to engage in Pest Control Business, as herein defined, or to be employed as an Employee Opera tor, as herein defined, within the City, shall file with the City of La Porte ` I Pest Control Commission a v~ritten al;plication for a license. Such application I shall state the name, age and address of the applicant, and shall contain a stab rient signed. before a notary public that this Section of the Ordinance has been read by the applicant and that he agrees to camply with all provisions stated herein. Applicant shall have the following qualifications and shah furnish the following information and such other information as the City of La °orte Pest i Control Commission may require, which information shall be filed with the Secre-~!~ tary of the City of La Porte lest Control Commission. ~~ For Type ti or Type B License: (a) Applicant shall have a degree in entomology from an accredited school, or applicant shall have two (2) years experience as Owner-Operator • • LJ -4- of a reliable Pest Control Business, or applicant shall have two (2) years experience as a service man or employee for a reliable Pest Con- trol Business, or applicant shall have three (3) years experience as an employee of a Stater Federal or private agency in which specialized training is obtained in general structural pest control, or some specia- lized branch thereof. (b) Applicant shall have a good business standing and record or a good employment record in this field in the area of last operation. (c) Applicant shall have and maintain a minimum of insurance cover-.~ age for property damage of Five Thousand/Twenty-Five Thousand ($S,OOO.GO/ $25,000.00) and personal injury of Fifty Thousand/One Hundred Thousand Dollars ($50,000.00/$100,000.00). (d) Applicant shall have a permanently ,established busirn ss address__ and telephgne number ;before l~.cense x.11 be issued, • For Type C or Type li License: (a) Applicant shall have a degree in entomology from an accredited school, or applicant shall have one (1) year experience as Owner-Gperator of a reliable Pest Control Business, or applicant shall have one (1) year experience as a service man or employee for a reliable Pest Control business, or applicant shall have two years experience as an employee of a State, Federal, or private agency in which specialized training is ob- tained in general structural pest control, or some specialized branch thereof. (b) Applicant shall have a good business standing and record or a good employment record in this field in the area of last operation. (c) Applicant shall be in the employment of a permanently established Pest Control Operator or Pest Business bolding a Type A or Type B License doing business within the City. Section 8. Ir~estigation of the Applicant. Upon the filing of such ~, ~ J application, it shall be the duty of the City of La Porte Pest Control Commission, I to investigate expeditiously the applicant, and to proceed to determine the qua-'~ lifications, and fitness of such applicant with reasonable promptness after his I' application has been filed. If the applicant is found to be qualified, his appl~ cation shall be granted, and upon the recommendation of the City of La Porte Pes~ Control Commission, the Board of Commissioners of the City of La Porte shall grant a license to such applicant. If the applicant is not found to be qualified, his application shall be denied, and he shall at once be notified in variting oS its denial. Section 9, i~cgns>~ng of Persons Engaged a.n Pe t~C,Qntrol U~gn Fffec- r~ ~J tive Datg of this O,~d~,nce. The provisions of this Ordinance as to an investiga-{ tion into and a determination of the qualifications and fitness of an applicant I~ for license hereunder by the City of La Porte Pest Control Commission shall not •; apply to any proposed licensee who has not actively engaged in the City in the • -5- • type of Pest Control Business or operations for which he seeks a license here- under for a period of two (2) years next preceeding the effective date of this Ordinance, and any such applicant shall automatically be entitled to, and shall be granted, the license sought upon his compliance with the other requirements of this Ordinance for securing such license, and no recommendation from the City of La Porte Pest Control Commission to the Board of City Commissioners that such license shall be necessary as a condition precedent for the issuance of such license to such applicant. Section 10. A,~peal from Denial of A,Qplication. Upon the denial of h • application, an applicant may within ten (10) days after the denial of his appli cation, appeal to the Board of C~rnmissioners of the City of La Porte, who may, after a hearing of which the applicant and the Chairman of the City of La Porte Pest Control Commission have been given due notice, either sustain the denial of the application or order a License issued to the applicant upon the payment of the fee trereinafter described. Any application which shall not have been grantr or denied within fifteen (15) days from the date filed shall be deemed to have been denied and the applicant may appeal thereon. Section 11. .~~suance of Licgnse~ Exn~,rat~,on and Renewal~.Feg~. Lice • • ~__ ses ordered issued hereunder, and renewal licenses, shall be issued by the City Clerk upon the payment of License fees as follows: Each Type A License, a fee of Thirty Dollars ($30.Ct) y' W Each Type B License, a fee of Thirty Dollars ($3v.i10) -w- Each Type C License, a fee of Fifteen Dollars ($15.G0)~ Each Type D License, a fee of Fifteen Dollars ($15.G0) Each license shall be effective for the calendar year in which it is issued, andl, i the fee paid for its issuance shall likewise cover such calendar year. All Li- '~ censes shall expire on the 1st day of January next, after the date of their issu? i ance. Any licensee holding a License which has not been revoked, or is not unde~ A suspension, may, upon presentation of certificates evidencing insurance as re- quired by this Grdiriance, obtain a renewal License each year from the City Clerk I on or before the 31st day of December of the year in which the existing License I expires, upon payment of a renews fee as above set out, and upon such payment, ~~~ such License shall be valid for the ensuing calendar year. I~I Section 12. ~i~o ~fla_v, O~erat Un r License. Such license shall not be transferable and shall not authorize any person other than the person to whom it r~ ~J • _b_ is issued to engage in Pest Control thereunder; provided, however, that a firm i may engage in business under a License held by one of its members and a corpora-w i tion may do likewise under a License held by one of its duly qualified officers;; provided, hocuever, that when there is a change in the status of any duly license person owning and/or operating a Pest Control Business, such Pest Control Busi- ness shall have sixty (60) days thereafter to qualify and/or secure a duly li- tensed replacement for such displaced person. i Section 13. Revocation of License. Any license may be declared revok~d • or suspended by the City of La Porte Pest Control Commission after a hearing of which the licensee has been given at least ten (10) days writtea entice containin the grounds alleged for the revocation of his license upon the finding of a vio- lation of any law, ordinance, rule orregulation governing the use of insecticide , rodenticides, fumigants or similar substances or for any negligence or departure from accepted safe practices in the use thereof; or for any fraudulent conduct j in connection with the business of a Pest Control Qperator or for any misrepre- sentations for the purpose of defrauding or the use of methods or materials whit are not suitable for the purposes outlined, which are carried out by the License holder or employees under his/her or its supervision. Section 14, A,~pg~-~,~om RevocatiQ~, or Suspension of License. Any • holder of a License, which has been declared revoked or suspended, may appeal to the Board of Commissioners of the City of La Porte from such revocation or sus- f pension by filing vrith theCity Clerk within ten (10) days from the date of said order, his rRlritten rlotice of appeals ~ihen and if such notice of appeal be given as herein provided for, the order of the City of La Porte Pest Control Commis- sion appealed from shall be suspended pending such appeal and final action by thj Board of City Commissioners thereon. The Board of Commissioners shall hear all ~~, such appeals, after written notice of ire hearing to the person appealing and to the Chairman of the City of La Porte Pest Control Commission, and shall take sucl action as it ma,y deem fit. Section 15. Chief of Polioand Board of Commissioners to be Notified t Eof Suspens~'Qns or Revocations. The City of La Porte Pest Control Commission sha' give promptly to the holder of a License written notice of any such order of sus- pension or revocation of his license, and shall file promptly with the Chief of Police and the Board of Commissioners: notices of all such orders of suspensions and revocations. .1 • • -7- Section 16. Responsibility of Owner or Operator. The owner or manage of any Pest Control Business holding a License under the terms of this Article is hereby held responsible for the lives and health of not only those in his em- ployment, but also for the lives and health of persons who might be affected by the conduct of such business, l9here food establishments are concerned, the owne and manager of such a business is het+~y held responsible for the protection of such food stuffs from becoming poisoned or otherwise contaminated. Section 17. • Any insecticide containing sodium fluoride shall be colored vile blue to prevent the poison from being mistaken for flour, sugar, salt or other food stuffs. It shall be unlawful to use any rodenticide or insecticide containing living bac- terial organisms in any type of building. No type of poisonous gas, fumes or vapor shall be used in a food establishment which would render the food stuffs unsuitable for human consumption. Section 18. Safety ReaulatiQns. Outside fogging for insect control • of ball parks, drive-in theaters, race tracks, or other similar locations shall not be done while the public is occupying such places. Instructions of manu- facturers shall be carefully observed and followed as precautionary measures and as a means of reducing the possibility of fire or explosions. During use of cer- tain inflammable solvents in indoor fogging, the following should be observed: (a) Evacuate all personnel except the essential operators from the building being treated. (b) Only experienced, responsible persons who are thoroughly fa-ni- liar with operation instructions and attendant fire safeguards should be permitted to operate. (c) The use of listed equipment and insecticide formulations is recommended. No oil carriers should ever be used in thermol fog genera- tors that have a flash point lower than kerosene. The carrier should have a flash point of at least 40° higher than the surrounding temperature of the area being fogged. (d) In exterior operations involving areas beneath buildings, the same safety precautions as required for interior fogging must be made to apply. Accidental entry of heavy concentrates of outside fog in base- ments through open windows must not be overlooked. 1 (e) Doors may be blocked open where this will assist ventilation and fog dispersion. However, it is important that doors in the fire walls and fire partitions and doors at elevator, stairways and other verti- cal openings be kept securely closed. • t ~.J _~ _ ~ • -$- Section l~. Business Practice to be Followed. (a) All vehicles and assembly equipment, actively and regularly engaged in service work, for easy identification, such as trucks and trailers shall be permanently marked (b) Fumigants, rodenticides and insecticides shall be used in accor- dance with the recommendations of the interdepartmental committee on Pest Control (composed of t)nited States Departments of Agriculture, Interior, Army, Navy, Air Force and Department of Health, Education and Nlelfare), as made available by the National Pest Control Association or the manufac- turers and formulators of chemicals used. (c) The burden of responsibility shall rest upon the Pest Control Operator for selection and use of proper chemicals and also for the cor- rect formulation and dosages used unless otherwise specified in therules and regulations. (d) Any Pest Control Operator who shall move his place of business from one location to another shall be required to send change of address notices to all property owners or their authorized agents who hold con- tracts in any form with said licensee. All such change of address notices shall be placed in the mail at least prior to the moving and must state clearly the new address at which the licensee will be located. (e) Each Pest Control Operator shall be required to notify the City of La Porte of any change of address within ten (10) days after such change has been made. (f) Misleading advertising in any form is prohibited. (g) No reference shall be made by any Pest Control Operator or Pest Control Business in any form of advertising as to approval, endorse- ment or recommendation of the City of La Porte. (h) Any Pest Control Operator in the solicitation of business who shall claim that inspections and/or treatments are required, authorized or endorsed by the City of La Porte shall be guilty of fraud and misrepre- sentation, Section 2O. Contract Required. (1) Each Pest Control Business or Pest Control Operator must enter into a written agreement or contract with the property holder or his or her authorized agent far each "wood infesting organisms control" job, when such job is confined to a structure. (`L) The contract must clearly set forth the following stipulations: (a) The date upon which the contract will become effective and the period or time covered by the contract. lb) The type or types of wood infesting organisms being controlled under the contract. (c) The total maximum price to be charged exclusive of repairs, replacement or excavation. (d) Pdhether or not inspections are to be made, approximate tune of intervals between, and fees f.or same, if any. (e) Conditions under which re-treatments will be made. (f) Any "wood infesting organisms control" contract -nust be pre- sented to the property holder or his or her agent for acceptance in advance of the performance of any remedial measures as specified. • • • -9- (g) In contracts covering spot treatments, specific area on, under and/or in a structure c~ahere proposed items of work are to be per- formed must be listed in the contract or attached thereto and made a part thereof. (h) then periodic inspections are specified in "wood infesting' organisms control" contracts, a written report of each reinspection made during the effective period of the contract, or renewal of a contract must be issued to the property holder or his or her agent, after such reinspections, except if at the time of reinspection or retreatment an owner or occupant of the building or structure signs an inspection acknowledyenent it will then not be required of the licensee to furnish a written report. (i) Control measures used must be based upon the types of termites or termite damage or the type of other wood infesting organisms as M previously determined by inspection and in accordance with the varitten agreement or contract. ~ ~ J Section 21. Inspections by City. (1) At such times as may be necessary, the Building Inspector of the City of La Porte shall examine property treated for termites or other wood in- festing organisms for the purpose of determining the efficiency of the re- medial measures applied and to determine if treatments comply with the con- tract. (2) If upon examination and inspection by the Building Inspector of any property so treated, it shall be determined that compliance with the pro- visions of the contract have been violated, or that there has been a general failure to fulfill the contract, the Pest Control Business or Pest Cantrol Operator shall be so notified in writing by the Building Inspec- tor and said Pest Control Operator or Pest Control Business shall be re- quired to re-examine and apply supplemental treatment in a manner to com- ply with the contract within thirty (30) days after date of such notificatic provided that such required re-examination and/or treatment will not be required of a Pest Control Business or a Pest Control Operator, if it is shown to the satisfaction of the Building Inspector why such action should not be taken. (3) The Pest Control Bsiness of Pest Control Operator shall be required to notify the Building Inspector in writirri as to the date of compliance with any written notification requiring re-examination and re-treatment of any property. Section 22. It shall be unlawful for any person to engage in the Pest u Control Business and/or extermination work or to be employed as an Employee ~ / (Operator without first having secured a license under the provisions of this Ordinance, or to violate or fail to comply with any of the provisions of this I Ordinanance and any person, firm or corporation violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than n, Two hundred Dollars (~200.OC), and every day such violation cantinues such viola-j i lion shall constitute a separate offense. i Section 23. Exem i n f Home Owners. No provisions in this Ordinan-~ ce shall be construed so as to require the owner of a home to contract with a Pelt Control Business or hire a Pest Cantrol Operator holding license hereunder. • • r • --10-- Section 2~1, All Ordinances or parts thereof in conflict with the pro-~~ visions of this Ordinance are hereby repealed to the extent of such conflict. Section 25. If any part or provision of the Ordinance shall be held invalid by a Court having jurisdiction, the remaining part or parts and pro- visions are declared to be severable, and shall be and remain in full force and i effect the same as if separately enacted and are so intended. I Section 26, This ardinance shall be effective from and after its ' adoption and publication as required by law, ~. I PASSRD AND APPROVED, This the day of `'s~~u A. D. 1959, ;.- y< , H, P, Pfeiffer, ayor o~l the City of La Porte ATTFSP: / ~r.~..e.~ /r ; _ ~~ .~ .. ' Eran~: G. Baker, City Clerk of the City of l,a Porte \I