[HISTORY: Adopted by the Municipal Council of the Township
of Irvington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-28-1978 by Ord. No. MC 2550 (Ch. 154, Art. I, of the 1981
Revised Code)]
For the purposes of this article, the following definitions
shall apply:
Any lands or premises within the Town of Irvington and any
structure or appurtenance thereon.
The elimination or extermination of rodents within a building
or on the lot or parcel of land upon which said building is located,
by any or all accepted measures, such as poisoning, fumigation, trapping
and clubbing.
Any condition that provides shelter or protection for rats,
thus favoring their multiplication and continued existence in, under
or outside any building.[1]
The individual, partnership or corporation that has the use
of or occupies any building or a part or fraction thereof, whether
the actual owner or tenant. In the case of vacant buildings or any
vacant portion of a building, the owner, agent or other person having
custody of the building shall have the responsibility of an "occupant"
of a building.
The actual owner of the building, whether individual, partnership
or corporation; the managing agent of the building; a mortgagee in
possession; or any other person having control or custody or management
of the building or to whom the rent is paid. In the case of commercial
or industrial buildings or portion thereof leased with a clause in
the lease specifying that the lessee is responsible for maintenance
or repairs, the lessee shall be considered in such cases as the "owner"
for the purpose of this article.
A form of construction that prevents the ingress and egress
of rats from one place to another. It consists of treating with materials
impervious to rat gnawing all actual or potential openings in exterior
walls, ground or first floors, basements, roofs and foundations that
may be reached by rats by climbing or by burrowing.
A letter, placard or other writing signed by code enforcement
personnel, advising the owner or occupant of violations of this article
and giving the date by which all such violations are to be abated.
Such "written notice" may be delivered to the owner or occupant by
first class mail, telegram, hand delivery or posting on the building.[2]
It shall be unlawful for the owner or occupant of any building
within the Town of Irvington to maintain such building in a rodent-infested
condition or to permit any such building to become infested with or
to provide harborage for rodents. The existence of any such building
is hereby declared to be a nuisance hazardous to the public health.
It shall be unlawful for the owner or occupant of any building
within the Town of Irvington hereafter to construct, repair or remodel
same unless such construction, repair or remodeling shall render the
building ratproof in accordance with the standards prescribed herein
or promulgated by the code enforcement personnel as authorized by
the provisions of this article.
It shall be unlawful for the owner or occupant of any building
within the Town of Irvington to demolish same until such building
is examined for evidence of rodents by the code enforcement personnel
and a certificate issued as herein provided. In the event inspection
reveals evidence of rodent infestation, the code enforcement personnel
shall require a program of eradication undertaken and completed by
a reputable professional exterminator. The program of eradication
shall include the use of rat baiting, approved rodenticides, trapping
and other accepted means of extermination approved by the code enforcement
personnel. After completion of the eradication program as required
herein, the code enforcement personnel shall reinspect the premises
and, upon a determination that such program has been effective, shall
issue a certificate signifying his approval of said demolition.
It shall be unlawful for any person hereafter to occupy any
building wherein foodstuffs are to be stored, kept, handled, sold
or offered for sale unless said building shall be ratproofed in accordance
with the standards prescribed herein.
No person shall place food in the open for the feeding of any
fowl, bird or animal except in such containers as will prevent the
scattering of such food upon the ground. After such feeding, such
food shall not be allowed to remain where it is accessible to rodents.
All building material, lumber, boxes, cartons, barrels, containers,
machinery, raw material, fabricated goods and any other substance
which may afford harborage or provide food for rodents shall be kept,
stored or handled in a manner acceptable to the code enforcement personnel.
The code enforcement personnel may make or cause to be made
an inspection of any building in the Town of Irvington which he has
reason to believe is infested with or provides harborage to rodents
or is not in a ratproofed condition or is otherwise in violation of
this article.
After the owner or occupant of any building inspected by the
code enforcement personnel pursuant to this article shall have received
written notice that such building is infested with or provides harborage
to rodents, it shall be the duty of such owner or occupant to take
immediate measures to cause the eradication of such infestation or
harborage and to render such building ratproofed. Measures to cause
the eradication of such infestation or harborage shall be completed
within five days of the date of such written notice. Measures to render
such building ratproofed shall be completed within 15 days of the
date of such notice. The time periods provided for herein may be enlarged
by the code enforcement personnel, for good cause, upon the written
application of said owner or occupant.
It shall be unlawful for any person to commence rodent eradication
on or within any building in the Town of Irvington without first having
filed with the code enforcement personnel a written statement that
shall include the method of: ectoparasite control; eradication, including
the toxicant of choice; removal of dead rodents; ensuring against
accidental poisoning of humans and domestic animals; and such other
information as the code enforcement personnel may require. If an acute
toxicant is used, exterior areas and accessible environments shall
be conspicuously posted by the exterminating firm with signs of such
size, design and content as the code enforcement personnel may require.
All signs shall remain posted as long as the eradication treatment
is in progress.
Owners and occupants of all buildings which shall have been
ratproofed at the direction of the code enforcement personnel shall
maintain the same in a ratproofed condition.
It shall be unlawful for any person to remove, damage or destroy
any part of any building or any appurtenance thereto intended to protect
such building against ingress or egress of rats, or in any other way
to create a condition by which ingress or egress of rats is made possible;
provided that this section shall not apply where the interference
with the ratproofing is made necessary in connection with a lawful
construction, in which event, however, the ratproofing shall be promptly
restored.
The code enforcement personnel shall have the power to promulgate
such rules and regulations as may be necessary to effectuate the provisions
of this article.
A.
Except
as otherwise provided in this article, the penalties for violations
of this article are as follows:
|
Section
|
Short Description
|
1st Offense
|
2nd Offense
|
3rd Offense
|
4th Offense Maximum Fine;
Court Appearance Required
|
|---|---|---|---|---|---|
|
§ 449-2
|
Rodent infestation prohibited
|
$100
|
$250
|
$500
|
$1,000
|
|
§ 449-3
|
Lack of ratproofing
|
$100
|
$250
|
$500
|
$1,000
|
|
§ 449-4
|
Building demolition without inspection
|
$250
|
$500
|
$750
|
$1,000
|
|
§ 449-6
|
Scattering of food when feeding animals in public
|
$100
|
$250
|
$500
|
$1,000
|
|
§ 449-8
|
Rat infestation or harborage
|
$100
|
$250
|
$500
|
$1,000
|
|
§ 449-11
|
Failure to maintain rat proofing
|
$100
|
$250
|
$500
|
$1,000
|
|
§ 449-12
|
Removal of ratproofing
|
$100
|
$250
|
$500
|
$1,000
|
[Adopted 10-12-2006 by Ord. No. MC 3326 (Ch. 154, Art. II, of the 1981
Revised Code)]
A.
It is the desire of the Mayor and Council of the Township of Irvington
to promote matters which benefit the health, welfare, comfort and
safety of the citizens of the community.
B.
Scientific studies associate exposure to pesticides with asthma,
cancer, developmental and learning disabilities, nerve and immune
system damage, liver or kidney damage, reproductive impairment, birth
defects and disruption of the endocrine system.
C.
Infants, children, pregnant women, the elderly and people with compromised
immune systems and chemical sensitivities are especially vulnerable
to pesticide effects and exposure.
D.
Lawn pesticides are harmful to pets, wildlife, soil microbiology,
plants, and natural ecosystems and can run off into streams, lakes
and drinking water sources.
E.
Integrated Pest Management is the coordinated use of pest and environmental
information and all available pest control methods (sanitation, mechanical,
biological and "least toxic" chemical) to prevent unacceptable levels
of pest damage by the most economical means with the least possible
hazard to people, property and the environment.
F.
Integrated Pest Management has been investigated and considered by
the Environmental Commission and it is recommended by the Environmental
Commission as a desirable and appropriate policy in order to reduce
or eliminate the use of pesticides.
G.
The Township of Irvington does maintain public properties at which
pest management issues are an ongoing concern.
H.
The Mayor and Council have determined that it is in the best interest
of the health, welfare, comfort and safety of the Township's
citizens to adopt Integrated Pest Management at the Township's
pest management policy.
The Township does hereby adopt Integrated Pest Management as
the pest control policy and strategy to be employed in the maintenance
of the Township's public properties and facilities.
The Municipal Council of the Township of Irvington encourages
all citizens to make every effort to participate in this endeavor
on their own property, and the Township will designate certain public
properties, such as community parks, as "Pesticide-Free Zones."
These areas will be posted with a sign indicating that chemical
pesticides have not been applied at the site.
