The following definitions shall apply in the interpretation
and enforcement of this article:
Business building.
Any structure, whether public or private, regardless of the
type of material used in its construction, located within the boundaries
of the city, that is adapted to occupancy for the transaction of business,
whether vacant or occupied, for the rendering of professional services,
for the display, sale or storage of goods, wares or merchandise or
for the performance of work or labor, including hotels, rooming houses,
beer parlors, office buildings, public buildings, stores, markets,
restaurants, grain elevators and abattoirs, warehouses, workshops
and factories.
Opening.
Any opening in the foundation, side or walls of any business
building, including roof, chimney[,] eaves, grills, windows, sidewalk
grates and sidewalk elevators, through which a rat may pass.
Person.
Shall include owner, occupant, agent, individual, partnership
or corporation or any other person in custody of any business building
as defined in this section.
Premises.
Shall include all business buildings, outhouses, sheds, barns,
garages, docks, wharves, piers, grain elevators and abattoirs, whether
public or private, and any and all other structures used in connection
with the operation of any business building as herein defined.
Rat harborage.
Any condition found to exist under which rats may find shelter
or protection, and shall include any defective construction which
would permit the entrance of rats into any business building.
Rat stoppage.
A form of ratproofing designed to prevent the ingress of
rats into business buildings. It is essentially the closing or protecting
of all openings in exterior walls and foundations of business buildings
or the grates in a sidewalk with ratproof materials, installed in
such a manner as to prevent rats from gaining entrance.
(Ordinance 706, sec. 1, adopted 4/13/1945; 1959 Code, sec. 22-1; 1983 Code, sec. 12-216)
The city health officer or his representative is authorized
to make frequent and unannounced inspections of existing business
buildings within the corporate limits of the city for the purpose
of determining rat infestation, and to order, by written notice, either
the owner, occupant, agent or any other person in custody of any rat-infested
business building to protect such business building by rat stoppage
as provided in this article, regardless of the need for the remodeling
of or repairs to such business building, and further to order that
such rat-control methods shall be employed as may be deemed necessary
by the city health officer or his representative to maintain such
building free from rats. The written notice or order shall specify
the time, in no event less than fifteen (15) days, for completion
of such work and improvements. Unless such work and improvements are
completed in accordance with the written order or notice by such person
within the time so specified or within the time to which a written
extension has been granted by the city health officer or his representative,
such person shall be deemed guilty of an offense under the provisions
of this article. The city health officer or his representative is
authorized to make inspections during the course of and upon completion
of any such construction, repairs, remodeling or installation of rat-control
measures to business buildings to insure compliance with the provisions
of this article, and no person shall interfere with or refuse to permit
such inspection.
(Ordinance 706, sec. 4, adopted 4/13/1945; 1959 Code, sec. 22-2; 1983 Code, sec. 12-217)
The city health officer or his representative shall approve
all materials used and the method of installation of ratproofing construction,
repairs or remodeling of any business building or structure.
(Ordinance 706, sec. 5, adopted 4/13/1945; 1959 Code, sec. 22-3; 1983 Code, sec. 12-218)
(a) Accumulations of garbage or rubbish; rat burrows, etc.
No garbage, rubbish, waste or manure shall be placed, left, dumped
or permitted to accumulate or remain in or on any building or premises
in the city so that the same shall or may afford food for or a harboring
or breeding place for rats. Rat burrows and other exterior harborage
shall be treated under methods directed by the city health officer.
(b) Accumulation of lumber, boxes, etc.
It shall be unlawful
for any person to permit any premises, improved or unimproved, or
any open lot or alley in the city, to accumulate lumber, boxes, barrels,
bricks or stones and similar materials that may be permitted to remain
thereon and that may be used as a harborage by rats, unless the same
shall be placed on open racks and elevated not less than eighteen
(18) inches above the ground, with a clear intervening space underneath,
to prevent the harborage of rats.
(c) Certain accumulations declared nuisance.
The allowing
of paper, lumber, rocks or other trash or debris to accumulate or
remain on any piece of property in such a manner as to create a harborage
or breeding place for rats is hereby declared to be a nuisance, subject
to abatement as provided for in sections 34.02.033–34.02.039
of this chapter.
(d) Unlawful disposition of waste.
It shall be unlawful
for any person to dump or place on any land or on any water or waterway
within the city any dead animal, butcher’s offal, seafood or
any waste, vegetables, animal matter or any food products whatsoever.
(Ordinance 706, secs. 11, 12, 13,
adopted 4/13/1945; Ordinance
918, sec. 2, adopted 11/23/1949; 1959 Code, sec. 22-5; 1983 Code, sec.
12-222)
(a) Traps.
All storerooms, warehouses or other business
buildings in the city shall be provided by the owner, occupant, agent
or any other person in custody of such business building with one
or more traps, which shall be kept set and freshly baited at frequent
intervals and maintained in good working condition, and shall be inspected
daily, and any rat caught therein shall be killed. Trapped rats shall
be removed daily and disposed of in a manner acceptable to the city
health officer, and sprung traps reset and rebaited.
(b) Poisoning and fumigating.
Rats may also be destroyed
by poisoning and fumigating in the manner approved by the city health
officer, or any authorized agency of the United States public health
service, or the state board of health, subject to applicable laws
and ordinances relating to poisonous substances and fumigators.
(c) Closing buildings.
When the city health officer shall
find any building, structure or premises so heavily infested with
rats as to result in a present menace to public health, he shall have
authority to close the same to any occupancy or use until such rats
have been eradicated or while such rats are being eradicated.
(Ordinance 706, secs. 7, 9, adopted 4/13/1945; 1959 Code, sec. 22-6; 1983 Code, sec. 12-223)
Curb or farmers’ markets in which fruit or vegetables
or any other food products are exposed and offered for sale, on racks,
stands, platforms and in vehicles outside of business buildings, shall
have floors paved with concrete or asphalt for the entire surface
area of the market. Display racks, stands or platforms on which fruit
or vegetables or any other food products are displayed or offered
for sale shall be of sufficient height that all such fruits, vegetables
or other food products shall be kept at a distance of not less than
eighteen (18) inches above the floor pavement, and shall be so constructed
that rats cannot harbor therein or thereunder.
(Ordinance 706, sec. 6, adopted 4/13/1945; 1959 Code, sec. 22-9; 1983 Code, sec. 12-233)