[HISTORY: Adopted by the Board of Supervisors of the Township of Patton 12-14-1964 by Ord. No. 32. Amendments noted where applicable.]
This chapter shall be known as the "Pest Control Ordinance."
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
- A person or persons who use or occupy a building or 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 an occupant of that part that is vacant for common usage of two or more tenants.
- Includes the agent operating and managing the building structure as well as the legal owner.
- PEST CONTROL OPERATOR
- Any person or company who engages for compensation in the act of controlling pests.
- PEST HARBORAGE
- A place that provides shelter or protection for pests and favorable conditions for their breeding.
- Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds or other pests.
- Any organism (plant or animal) that adversely influences the health or best interests of man; pests of special significance in this light are: Norway Rats, Rattus norvegicus (Berkenhout), black rats, Rattus ratturs Linnaeus, house mice, Mus musculus Linnaeus, pigeons, Columba Livia Gmelin, the house fly, Musca domestica linnaeus, mosquitoes (Culicinae) and ragweeds of the genus Ambrosia, family Compositae.
[Amended 8-12-1975 by Ord. No. 114]
Whenever a complaint of a dangerous or unsanitary health condition related to rodents or other pests or disease organisms borne by pest species is reported to the Board of Supervisors of Patton Township, the Supervisors shall make an investigation of the same and shall seek advice from specialists or from the Pennsylvania Department of Agriculture, Environmental Protection or Health as to the necessity and means of dealing with the complaint within 30 days after the complaint has been received.
Whenever the Supervisors of the Township of Patton have received a complaint as set forth in § 118-3 of this chapter and, as a result of their investigation, have determined that a building structure and/or premises represents a pest harborage, they shall serve a notice upon the owner or any other persons in possession of said building structure or premises, stating the complaint and that they have determined that the same constitutes a pest harborage and shall require the owner or persons in possession of the same to show cause, if any they have, at a time and place specified, not to exceed 30 days thereafter, why it should not be determined that said condition is a health menace and constitutes a public nuisance.
The owner and/or persons in possession of said building structure or premises have a right to file an answer to the complaint and to appear in person or otherwise and give such testimony at such hearing as they so desire. The Supervisors shall hear the answer to such complaint and shall make a determination whether or not the condition constitutes a public nuisance by reason of the pest infestation. If the Supervisors determine that such a building structure or premises constitutes a public nuisance by reason of a pest infestation, the Supervisors shall order the owner and/or persons in possession of said premises to abate the same within a specified period of time. If the owner and/or persons in possession fail to comply with said order by the date specified, then the Supervisors of Patton Township may employ a pest control operator to abate such nuisance and they shall have the right to enter upon private premises for such purpose and the costs of the same may be placed upon the owner and/or person in possession of such premises, and the Supervisors shall have the right to file a lien for the costs of abating such nuisance in the same manner as other Township liens are filed and collected as now provided by law.
It shall be the responsibility of the citizens of Patton Township to request the Supervisors of the Township to undertake an investigation of the pest problem that any citizen considers to be a health hazard; such complaint must be in writing and bear the signatures of five or more residents and taxpayers of the Township of Patton, and such complaint shall contain all of the relevant facts relating to the pest control problem. Such complaint shall be presented the Supervisors of said Township at any of their regular meetings.
It shall be the responsibility of all pest control operators and others using pesticides in Patton Township to follow label recommendations approved by the United States Food and Drug Administration and the Department of Agriculture of the Commonwealth of Pennsylvania. It is suggested that those using pesticides with which they are unfamiliar should contact their State Agricultural Experiment Station or their county farm agent for instructions on the safe use of such materials.
No pest control operator or other person shall use potentially explosive pesticides for pest control within any building or structure without first notifying the Township Police Official and the Fire Department.
No pest control operator or other persons shall undertake a pest control program without observing proper precautions. These precautions shall include notifying persons having immediate charge and/or occupants of a building structure or premises of the pesticide used, marking containers "poison" when they contain a hazardous pesticide, accounting for all poison containers upon completion of a treatment, disposal of all empty and partially used poison containers so that they pose no hazard to humans, animals or other valuable plants and closing and posting building structures and premises with warning signs that are undergoing treatment with hazardous pesticides.
[Amended 8-12-1975 by Ord. No. 114; 8-14-1996 by Ord. No. 96-330]
Any person, partnership, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and court costs, including reasonable attorney fees. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day's continuance of a violation shall constitute a separate offense.
The duly appointed representative of the Supervisors of Patton Township have a right to inspect a building structure or premises reported to be a pest harborage as described in § 118-5 of this chapter. A pest control operator employed by the Supervisors of Patton Township to abate a pest infestation shall have the right to carry out the necessary remedial program without interference from owners or occupants. The Township police officials shall make the necessary legal arrangements if they are required.