For the purposes of this chapter, certain terms are defined as follows:
APPROVED
That which the Health Officer by established regulation designates acceptable as a device, apparatus, or method which by demonstration or test has proved workable for its intended use, and which will not affect humans or animals other than rodents.
BUILDING
Any structure, public or private, that is adapted to or used for dwelling occupancy as defined in the Housing Law of Michigan; for the transaction of business; for the rendering of professional service, amusement, the display or sale or storage of goods, wares, merchandise, articles or equipment; for office buildings, public buildings, stores, theaters, markets, restaurants, grain processors, abattoirs, factories, warehouses, workshops, garages; for outhouses, sheds, barns or other structures or premises used as an accessory to any such uses.
HEALTH OFFICER
The Health Officer of the City of Royal Oak, or his authorized representative.
RAT CONTROL
The distribution of rat poison and/or setting of rat traps and/or fumigation and/or such other methods of rat eradication as may be approved by the Health Officer.
RAT HARBORAGE
Any condition under which rats may find shelter or protection.
RATPROOFING
A form of construction which will prevent the ingress or egress of rats to or from a given space or building, or the gaining of access to food, water or harborage. It consists of the closing and keeping closed by the use of material impervious to rat gnawing of every opening in foundations, basements, cellars, exterior and interior walls, roofs, sidewalk gratings, sidewalk openings and other places that may be reached and entered by rats by climbing, burrowing or other methods.
Every building erected after the effective date of this chapter, the ground around it and every alteration, addition, extension, enlargement, or repairs thereto shall be ratproofed and maintained in such condition.
Every building existing at the effective date of this chapter, the ground around it and every alteration, addition, extension, enlargement, or repair thereto shall be ratproofed when a rat harborage or potential rat harborage exists, and shall thereafter be maintained in such condition. All vacant or unimproved property shall be kept free of rat harborage at all times. The owner or owners of any building, vacant or unimproved property within the City shall be responsible for complying with the provisions of this section.
All building material, lumber, boxes, cartons, barrels, cans, containers, machinery, raw material, junk, fabricated goods, food, foodstuffs, and similar things which may afford harborage or food for rats shall be kept, stored, and handled in such a manner as to not permit rat harborage.
Whenever there is a rat infestation in any building, open area, or other premises, the occupants thereof, and in the case of multiple dwelling the owner or owners thereof, shall institute rat control and shall continuously maintain such measures until any such building, open area, or other premises are declared by the Health Officer or the Chief Inspector to be free of rat infestation.
No building or part thereof shall be used as a place where food and/or foodstuff is stored, processed, prepared or manufactured, sold or offered for sale unless such building or part thereof is free from vermin and rodents.
On and after the effective date of this chapter, no license shall be issued for the storing, processing, preparing, manufacturing, selling or offering for sale of any food, foodstuff or food products unless and until the premises where such operation is to be conducted have been approved by the Health Officer or the Chief Inspector as being of ratproof construction, or have been rendered ratproof.
It shall be unlawful for any owner, occupant, contractor, public utility, or any other person in making alterations, additions, extensions, enlargements, or repairs, or in making installation of wires, conduits, pipes or other installations, or for any other purpose to remove and fail to restore in like condition the ratproofing from any building or to make new openings therein that are not ratproofed.
No person shall feed wild birds other than by means of approved containers elevated at least 48 inches above the ground level.
The Health Officer is hereby empowered to promulgate and enforce all reasonable rules and regulations for carrying out the purpose and intent of this chapter.
All ratproofing required by the provisions of this chapter shall be done with materials approved by the Health Officer and the Chief Inspector for the purpose intended.
[Amended 12-5-1994 by Ord. No. 94-9]
A. A person violating this chapter for the first time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $25, plus costs.
B. A person violating this chapter for the second time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $50, plus costs.
C. A person violating this chapter for the third time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $75, plus costs.
D. A person violating this chapter for the fourth or subsequent time is guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or to both such fine and imprisonment in the discretion of the court.