The purpose of this article is the control and reduction of
rodents within the city through modification and elimination of conditions
which allow for the continued reproduction, colonization, and existence
of rodents. The city will have primary responsibility for enforcement.
The Waco-McLennan County Public Health District will provide technical
assistance and support to inspectors/enforcement officers for the
city who enforce this article.
(Ordinance 091103C, sec. 1, adopted 11/3/2009)
Any structure, whether public or private, that is for a residential,
office, commercial, or industrial use.
A below-ground nest or harborage for rodents.
The worthless remains that result from the destruction or
breaking down of anything.
The director of the Waco-McLennan County Public Health District.
The term also means the authorized representative of the director.
The director of public works and the city police chief, or
a designated representative.
The natural presence of rodent runs, burrows, fecal droppings,
rubmarks, gnaw marks, tail drag marks, tracks, or other signs which
may be associated with the presence of rodents, as well as the visual
sighting, hearing, smelling, or otherwise sensing of the presence
of rodents.
The refuse of animal or vegetable matter from households
or other activity.
Any place which provides shelter or protection for rodents,
thus favoring their reproduction, presence, or continued existence
on the premises.
The person who has the use of or occupies any building or
any part thereof or who has the use or possession, actual or constructive,
of the premises, whether the actual owner or tenant. In the case of
vacant buildings or vacant portions of a business building, or in
case of occupancy in whole or in part by the owner, the owner of the
building shall be deemed to be and shall have the responsibility of
an occupant of such building.
Any opening in the foundation, sides or walls, ground or
first floor, basement, chimneys, eaves, grills, windows, ventilators,
walk grates, or elevators of a building, and any pipes, wires, or
other installations through which a rodent may enter.
The person owning the building or premises.
Individuals, firms, partnerships, associations, public or
private institutions, municipalities, political subdivisions of the
state, governmental agencies, and public or private corporations.
A parcel of real property, including all buildings located
thereon.
Material rejected or thrown aside as worthless.
Rats and mice in the order Rodentia. This shall include,
but is not limited to, rats and mice belonging to the family Muridae
(which includes the Norway rat, roof rat, and house mouse) and belonging
to the family Cricetidae (which includes the deer mouse, the white-footed
mouse, and the cotton rat).
The elimination or extermination of rodents from premises
and from rodent harborages of any kind by measures such as baiting,
fumigation, or trapping and, where necessary, rodent-proofing such
that the premises and rodent harborages are completely freed of rodents
and there is no evidence of rodent infestation remaining.
A garbage can or other container reasonably impervious to
rodents.
To prevent the ingress of rodents into buildings from one
building to another. It consists of the closing, with material impervious
to rodent gnawing, of all openings in the exterior walls, ground or
first floors, basements, roofs, and foundations that may be reached
by rodents from the ground by climbing or burrowing.
The condition achieved by the construction and maintenance
of sewer lines, manholes, and all other parts of the sewer system
in such a manner as to prevent rodents from exiting through openings
or breaks.
A dark, sometimes greasy mark formed from contact by the
rodent’s body.
A narrow pathway of beaten earth and vegetation swept clear
of debris by the frequent travel of a rodent.
Any accumulation of waste materials no longer of any use,
including but not limited to paper, sweepings, dust, rags, bottles,
cans, or cardboard.
(Ordinance 091103C, sec. 2, adopted 11/3/2009)
Any person who violates any provision of this article shall be guilty of a class C misdemeanor, the penalty for which shall be a fine in accordance with section 1.01.009 of this code. Each day the violation exists shall be a separate violation.
(Ordinance 091103C, sec. 12, adopted 11/3/2009; Ordinance adopting Code)
All premises within the city shall be free of rodents and maintained
in a rodent-free condition. Rodent harborages shall be eliminated,
buildings shall be maintained in a rodent-proof condition, foods and
foodstuffs shall be stored and handled so as to be inaccessible to
rodents, and, where rodent infestation is evident, effective measures
of rodent eradication shall be instigated by the occupant of the premises
or, in the absence of an occupant, by the owner.
(Ordinance 091103C, sec. 3, adopted 11/3/2009)
All food for human consumption and feed for animals and fowl
shall be stored in rodent-free and rodent-proof containers, compartments,
or rooms unless stored in a rodent-free and rodent-proof building.
Feed for animals and fowl shall not be left on the ground, on the
floor or left in feed pans, troughs, and other feeder containers any
longer than necessary to feed the animals and fowl unless such feeder
equipment is made inaccessible to rodents. Food for human consumption
shall not be left on floors, counters, or otherwise exposed so as
to provide food for rodents. When feeding birds, the feed should be
kept at all times on raised platforms which are made inaccessible
to rodents. Bird food shall not be placed on the ground when there
is evidence of rodents on the premises or on nearby premises.
(Ordinance 091103C, sec. 4, adopted 11/3/2009)
No person shall place, leave, dump, or permit to accumulate
any garbage, refuse, debris, or trash on any premises, alley, or roadway
so as to afford food or harborage for rodents. All garbage, including
dead animals, shall be placed and stored in rodent-proof containers
until collected.
(Ordinance 091103C, sec. 5, adopted 11/3/2009)
(a)
Conditions
which provide rodent harborage shall not exist on any premises. No
person shall accumulate or permit the accumulation of boxes, bottles,
cans, containers, junk appliances, or other similar objects which
afford rodent harborage.
(b)
When
there is evidence of rodents upon premises, the following persons
shall be jointly and severally responsible to remove from such premises
objects of the type described in the immediately foregoing paragraph,
upon request of the enforcement officer:
(1)
The person who placed such objects upon the premises;
(2)
The occupant of the premises, if the objects are in or on a part
of the premises which the occupant occupies or controls; and
(3)
The owner of the premises if the owner leased the part of the premises
containing such objects upon the premises, or the objects are in or
on a part of the premises which are vacant or occupied by the owner,
or the objects are upon a part of the premises which the owner maintains
or controls even though the premises are occupied by another.
(c)
When
there is evidence of rodents in and around useful materials, such
as firewood, lumber, or building material, indicating the presence
of a rodent harborage, and the enforcement officer requests, the owner
of such useful material shall store them at least fifteen (15) inches
above ground.
(Ordinance 091103C, sec. 6, adopted 11/3/2009)
(a)
The
owner of any building shall be responsible to rodent-proof that building
when evidence of rodents exists in, under, or around said building
and the enforcement officer gives notice to the owner or to the owner’s
rental agent for the building of said condition. Nothing contained
in the foregoing sentence shall bar any right of action the owner
of the building may have against the lessee for breach of the lease,
but the owner may not plead the terms of any such lease in bar of
the owner’s responsibility set forth in the foregoing sentence.
Methods and materials used for rodent-proofing shall be sufficient
to stop the ingress of rodents into buildings from the exterior and
from one building to another.
(b)
All
buildings shall be maintained free of rodents and in a rodent-free
condition.
(1)
It shall be the responsibility of each and every occupant of a building
to maintain that portion of the building which he or she occupies
or controls free of rodents and in a rodent-free condition. It shall
be an affirmative defense that the occupant has provided the enforcement
officer with a current lease agreement with the owner clearly showing
that the owner has responsibility for the repairs required to maintain
the building in a rodent-free condition.
(2)
It shall be the responsibility of the owner of a building to maintain
free of rodents and in rodent-free condition the unoccupied parts
of his or her building, the parts of such building over which a non-owner-occupant
does not exert control, and the parts of such building which any lease
or agreement makes the owner responsible for maintaining.
(Ordinance 091103C, sec. 7, adopted 11/3/2009)
No person shall remove rodent-proofing from any building for
any purpose and fail immediately thereafter to restore the same in
a rodent-proof condition or to make any new openings that are not
immediately thereafter closed or sealed against the entrance of rodents.
(Ordinance 091103C, sec. 8, adopted 11/3/2009)
(a)
The
enforcement officer shall have the right of entry upon any premises
where entry is necessary to carry out the provisions of this article.
If consent for entry is not given or obtained, an administrative search
and inspection warrant shall be obtained. If an imminent hazard exists,
no warrant is required for entry upon the premises.
(b)
The
enforcement officer shall give notice in writing that generally identifies
the problem observed and states the number of days within which the
problem must be corrected. The enforcement officer shall normally
allow at least seven (7) calendar days for a problem to be corrected.
However, if the problem presents an imminent health hazard to persons
occupying or using the building, that time may be reduced.
(c)
If
the occupant, owner, or other responsible person receiving said notice
needs additional time to correct the problem, at least three (3) days
before the end of the time period stated in the notice he or she must
file a written request with the enforcement officer explaining why
additional time is needed, stating the amount of time needed, and
providing a mailing address and telephone number or e-mail address
where he or she may be reached. The enforcement officer may deny the
request, allow a different number of additional days, or approve the
request. Notice of the decision may be made by telephone or e-mail
followed by delivery of a written notice of the enforcement officer’s
decision delivered to the person filing the request either by hand
delivery or by mail.
(Ordinance 091103C, sec. 9, adopted 11/3/2009)
Where the existence of a rodent population presents an imminent
threat to the health of the community, the director is authorized
to take action to enforce this article. Before taking such action,
the director shall notify the enforcement officer. The director may
then notify the owner, occupant, or other person responsible for the
conditions of actions required to eliminate rodent harborage or other
conditions that allow continued reproduction and colonization by rodents.
Failure to comply with said notice within 48 hours of receiving said
notice shall constitute a violation of this article.
(Ordinance 091103C, sec. 10, adopted 11/3/2009)
Whenever this ordinance provides for notice to be given to a
person, that notice may be given by delivering a written notice to
the person or by mailing a written notice to the person.
(Ordinance 091103C, sec. 11, adopted 11/3/2009)
