[HISTORY: Adopted by the Borough Council of the Borough of
West Reading 5-8-1964 by Ord. No.
493-A (Ch. X, Part 1, of the 1993 Code of Ordinances).
Amendments noted where applicable.]
This chapter shall be known as the "Pest Control Ordinance,"
and is intended to protect the general health, safety and welfare
of the Borough citizenry.
[Amended 4-15-1969 by Ord. No. 547]
As used in this chapter, the following terms shall have the
meanings indicated:
A person who uses or occupies a building 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 structure shall be deemed occupant
of the part that is vacant.
Includes the agent operating and managing the building structure
as well as the legal owner.
Includes any natural person, partnership, association, firm
or corporation.
Any person, natural or artificial, who engages, with or without
compensation, in the act of controlling or exterminating rats, mice,
rodents, insects, vermin, arthropods, weeds or other pests of mankind.
Preventing ingress and egress of rodents. It shall consist
of closing with material impervious to rodent-gnawing all openings
which may be reached by rodents.
A place that provides shelter or protection for rodents and
favorable conditions for their breeding.
[Amended 7-15-1997 by Ord. No. 787]
No person shall engage in pest control operations unless he
has a permit from the Borough authorizing him to do so. A permit shall
not be issued to a person who does not possess a license from the
Commonwealth of Pennsylvania to engage in pest control operations.
This permit may be temporarily suspended by the Building Officer if
the holder violates any of the terms of this chapter, and it may be
revoked upon serious or repeated violations after a hearing by Borough
Council.
[Amended 7-15-1997 by Ord. No. 787]
A pest control operator, upon contracting to rodent-proof a
building, shall submit to the Borough, in duplicate, written plans
or survey sheets of the work to be done. The plans or survey sheets
shall contain at least the following information:
[Amended 7-15-1997 by Ord. No. 787]
A pest control operator, on completing the rodent-proofing of
a building, shall immediately notify the Borough of that fact.
[Amended 7-15-1997 by Ord. No. 787]
The owner of a building shall cause his building to be rodent-proofed
upon receiving written notice from the Building Officer.
The owner of a building which has been rodent-proofed shall
maintain it in a rodent-proof condition.
[Amended 7-15-1997 by Ord. No. 787]
Whenever it shall appear to the Building Officer that a dangerous
or unsanitary health condition exists in a building or on a property
by reason of rodent infestation, the Building Officer shall issue
an abatement order directed to the owner of said building or property
and any persons in possession thereof, requiring them to abate said
health menace and public nuisance.
A.
Whenever the Building Officer finds that a building or property is
infested with rodents, he shall notify the occupant of the building
or owner of the property by certified mail of said condition and state
the time allowed for the eradication of the rodents, which time shall
be not more than 15 days.
B.
In the event the occupant or owner fails to eradicate the rodents
within the time allowed, the Building Officer may cause them to be
eradicated and charge the entire cost thereof, together with a penalty
of 10% of such cost, to such occupant or owner. Such cost may be filed
as a municipal claim as is provided by law.
C.
It shall be the duty of the owner or occupant of a building to maintain
it in a rodent-free condition.
It shall be unlawful for any person to place, leave, dump or
accumulate, or to permit the same to occur on premises owned or operated
by him, any garbage, rubbish, or trash in any building or on any premises,
improved or unimproved, within the Borough limits in any manner so
as to afford food or harborage for rodents.
[Amended 4-15-1969 by Ord. No. 547[1]]
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 Berks County.
