The purpose of this chapter is to enact rules and regulations which
will foster and advance the control of rats and mice in the Borough of Hopatcong,
thereby furthering the public health, welfare and safety of the Borough's
citizens and to provide penalties for violators.
For the purposes of this chapter, the following words and phrases shall
have the following meanings:
ATTRACTION FOR RATS/MICE
Any condition, such as exposed or unprotected foods, grains, garbage
or liquid, which will attract and/or offer food for rats and mice.
BUILDING
Any structure, whether public or private, that is adapted for occupancy
or transaction of business; for rendering of professional services; for amusement;
for the display, sale or storage of goods, wares or merchandise; or for the
performance of work or labor, including but not limited to hotels, apartments,
buildings, tenement houses, rooming houses, office buildings, public buildings,
stores, theaters, markets, restaurants, grain elevators, abattoirs, warehouses,
workshops, factories and all outhouses, sheds, barns or other structures on
the premises.
OCCUPANT
The person who has the use of or occupies a 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.
OWNER
The actual record owner of the building, whether an individual, a
partnership or a corporation, or the agent of the building or other person
having custody of the building or to whom the rent is paid.
PREMISES
All vacant lots, lands, parks, yards, alleys, cellars and docks.
RAT ERADICATION
The elimination or extermination of rats or mice within buildings
or premises in such a way that the buildings or premises shall be completely
free of rats or mice and there is no evidence of rat/mouse infestation remaining,
by any or all accepted measures, including but not limited to poisoning, fumigation
or trapping.
RAT/MOUSE HARBORAGE
Any condition which provides a hiding place, shelter or protection
for rats or mice, thus favoring their multiplication and continued existence
in or upon any building or premises under or outside of a structure of any
kind.
RAT/MOUSE PROOFING
A form of construction to prevent the ingress of rats or mice into
buildings, apartments, sheds or other structures on the premises from the
exterior or from one building to another. It shall consist essentially of
treating all actual or potential openings in exterior walls, ground or first
floors, basements, roofs and foundations that may be reached by rats or mice
from the ground by climbing or burrowing with material impervious to rat and
mouse gnawing.
Upon receipt of a written notice or order from the Department of Health,
the owner or occupant of any building, portion of a building or premises specified
therein shall take immediate measures for correcting the conditions in the
building or premises. If the work and improvements have not been completed
in the time specified in the written notice or within the time established
by a written extension granted by the Department, the owner or occupant shall
be deemed guilty of an offense under the provisions of this section.
In the event that the owner or occupant of a building, portion of a
building or premises fails, neglects or refuses to comply with the notice
or order of the Health Officer, the Health Officer shall be authorized, at
his discretion, to take such steps as may be necessary to ratproof or mouseproof
and free the building, portion of the building and premises from rats or mice
at the expense of the owner or occupant. All bills, incurred by the Health
Officer in connection therewith shall be presented to the owner and, if different
than the owner, occupant of the building, portion of the building or premises
affected. In the event that such bills are not paid within 10 days after presentation,
the Health Officer is hereby authorized to institute an appropriate court
action in the name of the Borough to recover the costs from the owner, occupant,
or both, as the case may be.
The following regulations to control breeding, multiplication and spread
of rats and mice within the Borough of Hopatcong shall apply. No person shall:
A. Throw, place or deposit or permit any person under his
control or employment to throw, place or deposit any putrid substance, night
soil, filth of any kind, garbage, rubbish, refuse piles, old lumber or any
other unwholesome material in any building, cellar, yard, vacant lot, alley,
lane, sidewalk or street, canal, lake or river or upon any private lot or
public ground within the Borough or otherwise create or allow to remain any
rat or mouse harborage within or upon any building, portion of building or
premises within the Borough of Hopatcong of which he is the owner or occupant
or which is within his control.
B. Accumulate or permit the accumulation of, on any open
lot or other premises, any old lumber, boxes, barrels, bricks, stones, scrap
metal, motor vehicle bodies or parts of similar materials or any articles
of junk which provide rat or mouse harborage unless the same shall be placed
on open racks that are elevated not less than 18 inches above the ground,
evenly piled or stacked.
C. Dump or permit the dumping or placing of, on or within
any land, building, portion of building or premises or on any water or waterway
within the Borough any dead animal, butcher's offal, seafood or any waste
vegetables, animal matter or any food products whatsoever.
D. Keep any food for feeding poultry, horses, dogs or other
animals or birds unless it is kept and stored in rat/mouse-free and rat/mouseproof
containers, compartments or rooms, and unless kept in a rat/mouseproof building.
E. Place food in the open for the feeding of any domesticated
fowl, bird or animal, except in such containers as will prevent the scattering
of such food upon the ground. After feeding, such food shall not be allowed
to remain where it is accessible to rats and mice.
F. Feed wild birds other than in suitable containers for
the food. Containers shall be elevated at least 48 inches above ground level.
Any spillage of eaten or uneaten food shall be removed.
G. Leave, dump or permit to accumulate any garbage, rubbish,
waste or manure in any building, portion of building or premises in the Borough
so that the same shall or may afford a harborage or breeding place for rats
or mice. Rats and mouse burrows, dens or other exterior harborage shall be
treated under methods directed by the Department of Health.
H. Place, store or dump in any building, portion of building
or upon any premises any garbage or refuse upon which rats or mice may feed,
except in suitable metal or other containers fitted with tight covers.
[Amended 9-27-1995]
Any person who violates and neglects to comply with any provision of
this chapter or the regulations established herein or notice issued pursuant
thereto shall, upon conviction thereof, be liable to a penalty consisting
of one or more of the following: a period of incarceration not to exceed 30
days, a period of community service not to exceed 30 days and a fine of not
less than $100 and not more than $250.