This chapter shall be known and may be cited as the "Borough
of Canonsburg Rat Control Ordinance."
The purpose and objective of this chapter is to protect the
public health by controlling or preventing the spread of rat- or mouse-borne
diseases and infection by the elimination of unsanitary conditions
and by eliminating of rat or mouse breeding and harborage areas.
The following words and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context or language clearly indicates or requires a different
meaning, and the singular shall include the plural, the plural shall
include the singular and the masculine shall include the feminine.
EXTERMINATION
The control and elimination of rats or mice by eliminating
their harborage places; by removing or making inaccessible materials
that may serve as their food; by poisoning, spraying, fumigating,
trapping or by any other recognized and legal rat or mice control
elimination methods approved by the local or state authority having
such administrative authority.
GARBAGE
Every refuse accumulation of animal fruit or vegetable matter
that attends the preparation, use, cooking, dealing in or storing
of meat, fish, food, fruit or vegetables.
HARBORAGE
Any place where rats or mice can eat, live, nest or seek
shelter.
HEALTH OFFICER
The Commonwealth of Pennsylvania approved Health Officer
or Director of Health or his duly authorized representative.
OCCUPANT
Any person who uses or occupies a building, or structure,
whether as owner or tenant. A tenant who uses a part of a building
structure shall be deemed the occupant of that part of which he has
actual or constructive possession. The owner, agent or other person
having custody or control of a building or structure shall be deemed
occupant of the part that is vacant.
OUTBUILDING
Any accessory or detached structure other than those which
are or have been occupied by humans for either business or residential
purposes. Outbuildings shall include but not be limited to garages,
sheds, privies or enclosed animal or pet or poultry pens.
OWNER
Any person who, alone or jointly or severally with others:
A.
Has legal title to any building, with or without accompanying
actual possession thereof; or
B.
Has charge, care or control of the building as owner or agent
of the owner or an executor, administrator, trustee or guardian of
the estate of the owner. Any such person thus representing the actual
owner shall be bound to comply with the provisions of this chapter
to the same extent as if he were the owner.
PERSON
Any natural person, firm, partnership, association, corporation
or organization of any kind.
PREMISES
Shall mean and include but shall not be limited to an individual
residence structure and its surroundings, whether a row house or detached
home, or a business structure or building with or without residence
and its surroundings or a vacant lot and its surroundings.
RATPROOFING
A form of construction to prevent the ingress or egress of
rats or mice to or from a given space, premise, structure, outbuilding
or building to another given space, premise, structure, outbuilding
or building. It consists of the treatment or shielding, with material
impervious to gnawing, of all actual or potential openings in the
exterior and interior walls, ground or first floors, roofs, foundations,
basements, sidewalk gratings and other places in said premises, structures,
outbuildings or buildings that may be reached by rats or mice by climbing
or burrowing.
RUBBISH
All solid waste items or materials except garbage and other
decomposable matter.
STRUCTURE
Any occupied or vacant building which was built solely for
human use, whether for dwelling and/or business purposes.
VACANT LOT
Any land or portion thereof and thereon which has no structure
or outbuildings built upon said land or portion thereof. It shall
include any private or publicly owned property, or part of any such
property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Washington County.