[HISTORY: Adopted by the City Council of the City of Yonkers at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
EXTERMINATOR or PEST-CONTROL OPERATOR
A person who uses insecticides, rodenticides or any other substances or mechanical devices, other than fumigants, under whatever name known, for the destruction or control of insects, vermin, rodents or other pests.
FUMIGANT
Includes any substance which, by itself or in combination with any other substance, emits or liberates a gas or gases, fumes or vapors, which gas or gases, fumes or vapors, when liberated and used for the destruction or control of insects, vermin, rodents or other pests, are lethal, poisonous noxious or dangerous to human life.
FUMIGATOR
A person competently trained and experienced in the use of fumigants.
INSECT
All members of the class Insecta, except the orders Lepidoptera and Hymenoptera, but shall include the following orders of the class Arachnida: Acarina, Araneida and Scorpionida.
INSECTICIDE
Includes any substance, not a fumigant, under whatever name known, used for the destruction or control of insects or other similar pests.
RODENTICIDE
Includes any substance, not a fumigant, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents.
No person in responsible charge of any building, structure or property within the City of Yonkers shall maintain such building, structure or property in an insect- or rodent-infested condition or permit any such building, structure or property to become infested with insects or rodents.
The Director of the Bureau of Housing and Buildings shall cause an inspection to be made of any building, structure or property which he has good reason to believe is not free from an insect or rodent condition. If such building, structure or property is found to be insect- or rodent-infested, a notice shall be served upon such owner to correct such infestation. The owner, being so notified that such insect or rodent infestation exists, shall take immediate and necessary measures to remedy such condition.
No person shall remove, damage or destroy any part of any building, structure or other appurtenance of improved real estate premises intended to protect such premises against ingress of rodents nor in any way create a condition by which ingress for rodents is made possible, provided that this section shall not apply where the interference with such ratproofing is made necessary in connection with lawful construction promptly restored.
No person shall throw, place or deposit or permit any person or employee to throw, place or deposit any putrid substance, night soil, filth of any kind, garbage, refuse, piles, rubbish, old lumber piles or other rodent harborage or any unwholesome material in or upon any vacant lot, alley, lane, sidewalk or street, canal, lake or river or upon any private lot or public ground within the City of Yonkers.
No person shall place food for the feeding of birds, fowl or other animals in the open or in such a manner that such food is accessible to rodents except if such food is placed in such containers as will prevent the scattering of such food upon the ground and after such feeding the food shall not be allowed to remain where it is accessible to rodents.
No person shall fumigate any building, structure or other enclosed space in the City of Yonkers without first giving 24 hours' notice of such fumigation to the Director of the Bureau of Housing and Buildings, the Fire Department and the Police Department. Notification shall include the location of the building, structure or enclosed space to be fumigated as well as its character and use, the type of fumigant, the date and time when such fumigation will be performed and the approximate time of completion.
No building, structure or enclosed space shall be occupied by human beings during the period of fumigation, and all necessary precautions and examinations shall be taken previous to such fumigation to assure that no person remains therein, and also all necessary precautions shall be taken to safeguard the lives and health of all persons occupying buildings adjoining that in which the fumigation is to be performed.
No person shall use any rodenticide or insecticide poisonous to human life without first having given notice of 24 hours to the Director of the Bureau of Housing and Buildings of such use. The use of sodium flouro-acetate (1080) is prohibited.
Failure on the part of a fumigator, exterminator or pest-control operator to comply with the provisions of this chapter or the standards of operation adopted by the Director of the Bureau of Housing and Buildings for the use of such fumigants, rodenticides or insecticides shall be cause for revocation of permit.
Any violation of any provision of this chapter or violation of a lawful abatement order shall constitute a Class II offense.