Ordinance No. 6i
-. ORDINATNCE N0. 6
AN ORDINANCE TO PROVIDE FOR THE PROTECTION OF THE
PUBLIC HEALTH BY CONTROLLING OR FREn -MINE TI•>E SPREAD OF RAT -
BORNE DISFEASES AND INFECTIONS BY THE ELIMINATION OF
INSANITARY CONDITIONS ASSOCIATED WITH SUCH DIBEASES;
PROVIDING FOR RAT EXTERMINATION; PROV .DING FOR THE
RATPROOFING OF ALLBUSINESS BUILUI?�IGS AND MA11RENANCE
THEREOF IN A RATPROOFED CONDITION; PROVIDING THAT BUSINESS
BUILDINGS HEREAFTER CONSTRUCTED SHALL BE OF SUCH CON-
STRUCTION AS TO COTAPLY WITH THE REGULATIONS HE-H OF;
I. EGULATING THE DISPIAY RACKS OR STANDS OUTSIDE OF
BUSINESS BUILDINGS CONTAIND,IG FRUITS, VEGETABLES, OR OTHER
PRODUCTS OFFERED FOR SALE; PROVIDING FOR INSPECTION AND
AUTHORIZD,TG HEALTH OFFICER TO MArdTAIN RATPROOFING OF
BUSINESS BUILDINGS A147D TO ENFORCE RAT ERADICATION; PRO -
VIDD\IG FOR MAXF,gRJ PENALTY OF $100.00 FOR VIOLATION AND
FOR EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF B.AYT0WN:
Section (1). That for the purposes of this ordinance the following definitions
• shall apply:
(A) The term "business buildings" shall mean any structure, whether
public or private, that is adapted for occupancy for transaction of business, for
rendering of professional service, for amusement, for the display, sale or storage
of good's, wares, or merchandise, or for the performance of work or labor, includ-
ing hotels, apartment buildings, tenement houses, rooming houses,_ office buildings,
public buildings, stores, theaters, markets, restaurants, grain elevators, abattoirs,
warehouses,workshops., factories, and all outhouses, sheds, barns and other structures
on premises used for business purposes.
(B) The term "ratproofing" as used herein applies to a form of
construction to prevent the ingress of rats into business buildings from the exterior
or from one business building or establishment to another. It consists essentially
of treatment with material, impervious to rat gnawing, all actual or potential
openings in exterior wall, ground or first floors, basements, roof and foundations,
that may be reached by rats from the ground by climbing or by burrowing.
(C) The term "rat harborage' shall mean any condition which pro-
vides shelter or protection for rats, thus favoring their multiplication and
continued existence in, under, or outside of any structure.
• (D) The term "rat eradication" means the elimination or extermination
of rats within buildings by any or all of the accepted measures, such as: poisoning,
fumigation, trapping, clubbing, etc.
(E) The term "Health Officer" as used herein means the Superintendent,
Commissioner or Director of Health or any duly authorized representative.
(F) The term "owner" shall mean the actual owner, agent, or custodian
of the business building, whether individual, partnership, or corporation. The
lessee shall be construed as the "owner" for the p�pose of this ordinance when
business buildings agreements hold the lessee responsible for maintenance and repairs.
(G) The term 110ccupant" as used herein shall mean the individual,
partnership, or corporation that uses or occupies any business building or part or
fraction thereof, whether the actual owner or tenant. In the case of vacant business
buildings or gvacant portions thereof, the ovrner, agent or custodian shall have the
responsibility as occupant.
Section (2). That it is hereby ordained and required that all business buildings._
in the City of Baytown shall be ratproofed, freed of-rats, and maintained in a
• ratproof and rat -free condition to the satisfaction of the Health Officer.
(A) That for the purpose of obtaining rat - stoppage of business build-
ings, the following regulations are set forth asttie:mi.nimum requirementsifor applying
rat - stoppage to business buildings.
(a) The Public Health Officer or his representative shall approve
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all materials used and the method of inst^!�llation.
(b) Solid sheet metal, expanded metal and wire cloth specified
in these regulations shall have a rust- resisting, protective coating, preferably gal-
vanized.
(c) All foundation wall ventilator openings shall be covered for
their entire height and width with perforated sheet metal plates of a thickness not
less than fourteen (14) gauge, or with expanded sheet metal of a thickness not less
• than eighteen (18) gauge, or with cast iron grills or ?rates, or with any other
material of sufficient strength and equal rat - resisting properties. The openings
therein shall be small enough to prevent the ingress of rats, and in no instance shall
be larger than one --half (1/211) inch mesh.
(d) All foundations and exterior wall openings excluding those
used for the purpose of ventilation, light, doors and windows, such as those openings
around pipes, electric cables, conduits, openings due to deteriorated wall, broken
masonry, or concrete, shall be protected against the ingress of rats by closing such
openings with cement mortar, concrete or masonry, or.close- fitting sheet metal or
suitable size pipe flanges or other material with equal rat - resisting properties,
which shall be securely fastened in place.
(e) Doors.- -All exposed edges of the lower eight (8 ") inches of
wooden doors and.door jambs, serving as front,'rear or side entrances into business
buildings ,'from the ground, basement or cellar floors, and other doors accessible
to rats, shall be protected against the gnawing of rats by covering said doors and
jambs with solid sheet metal of not less than twenty -four (24) gauge thickness. The..
same material shall be used on door sills or thresholds, or such door sills or
thresholds may be constructed of cement, stone, steel, or cast iron. Doors, door
jambs and sills of coal chutes and hatchways that are constructed of wool) shall be
covered with solid sheet metal of twenty -four (24) gauge or heavier, or they may be
replaced with metal chutes of twenty -four (24) gauge or heavier installed in such
manner as will prevent the ingress of rats. All buildins with side and rear door
entrances shall-be provided with fly screens and 'hardware cloth doors. These en-
trances shall be provided with suitable automatic self - closing devices.
All doors on which metal channel flashing has been applied
shall be properly hinged to provide for free swinging. When closed, doors shall,•fit
snugly so that the maximum clearance between any door,'door jambs, and sill shall
not be greater than three- eighths (3/811) of an inch.
(f) Windows.- -All windows and other openings for the purpose
of light or ventilation shall be covered for their entire hei_ghth and width, including
frame, with wire cloth of nineteen (19) gauge or heavier, having a mesh of not larger
than one -half (1/211) inch, in installed metal frames of twenty -four (24) gauge and
anchored in place with rust resisting screws.
All window and other openings for the purpose of light or
ventilation that may be accessible to rats by way of exposed pipes, wires, conduits
and other appurtenances, shall be covered as specified above. Or in lieu of wire
cloth covering, said pipes, wires, conduits and other appurtenances shall be blocked
from rat usage by installing sheet metal guards of twenty -four (24) gauge or heavier.
Such guards when used on vertical pipes, wires, conduits
or other appurtenances shall be fitted snugly around the pipe, wire, conduit or other
appurtenances.
(g) Light walls with windows in exterior walls that are located
below the outside ground level shall be protected from the ingress of rats by one of
the following methods:
1. Installing over light wells cast iron or steel grills or
steel gratings, or other material of equal strength and rat - resisting properties,
with openings in grills or gratings not to exceed one -half (1/2) inch in largest
dimension.
2. Installing securely to and completely covering exist-
ing metal grills that are broken or have openings larger than one -half (1/211) inch
in largest dimensions or otherwise defective, with expanded metal of eighteen (18)
gauge or heavier, having openings not greater than one -half (1/2 ") inch in largest
dimension.
At the option of the owner the opening in the wall of the
building below the grate may be entirely closed with brick or concrete or partially
closed and the remaining open space covered with nineteen (19) gauge or heavier wire
cloth with mesh not to exceed one -half (1/211) inch.
(B) All business buildings hereafter constructed on piers having
wooden floor sills less than twelve (12") inches above the surface of the ground
shall have intervening space between floor sill and ground protected against the
ingress of rats by installing a solid masonry or concrete not less than four
• inches thick around the entire perimeter of the business building and extending
said curtain wall to a depth of not less than eighteen (1811) inches deep with a
twelve (1211) inch shelf extending outward from the wall and fastening securely to
the exterior wall of the business building, in such manner as will prevent rats
from entering the building.
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In lieu of the installation of curtain walls,.all ground floors may
be constructed with concrete of not less than three (31') inches in thickness. Ex-
terior wall protection shall be securely tied into the concrete floor at all points.
All business buildings hereafter constructed on piers having wooden
floor sills greater than twelve (1211) inches above the JrDund level shall have the
intervening spaces between floor sill and ground protected against the ingress of rats
• by installing curtain walls in accordance with the preceding paragraph, or by pro-
tecting said business buildings against the ingress of rats by installing solid sheet
metal coverage of twenty -four (24) gauge or heavier snugly around each pipe, cable,
wire, conduitior other utility service passing through wooden ground floor. Said
metal coverage shall not be less than eight (811) inches in diameter larger than
diameter of pipe, cable, wire, conduit or other utility service, and shall be se-
curely fastened to the wooden floor. all other openings in wooden ground floors
through which rats may gain entrance into double walls or the interior of business
buildings, such as openings that may exist in floors and double walls above floor sills,
shall be closed with twenty -four (24) gauge or heavier solid sheet metal of sixteen
(16) gauge or heavier wire cloth of one -half (1/211) inch mesh or masonry or with con -
crete. Wood frame constructed business buildings having concrete or masonry foundation
walls shall have ventilators in foundation walls protected as herein provided in
Section (A) (d). All miscellaneous wall openings, doors and windows shall be pro-
tected in accordance with this ordinance.
(C) Curb or farmers, markets in which fruit or vegetables or any
other 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 plat-
forms 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 be so constructed that rats cannot harbor therein or
thereunder.
-)(-Section (3). That upon receipt of written notice and /or order from the Health .
Officer the owner of any business building specified therein shall take immediate
measures for ratproofing the building, and that unless said work and improvements
have been completed by the owner in the time specified in the written notice, in
no event to be less than fifteen (15) days, or within the time to which a written
extension may have been granted by the Health Officer, then the ok,mer shall be
deemed guilty of an offense under the provisions of this ordinance.
Section (4). That whenever the Health Officer notifies the occupant or occupants,
of a business building in writing that there is evidence of'rat infestation of the
building, said occupant or occupants shall immediately institute rat eradication
measures and shall continuously maintain such measures in a satisfactory manner un-
til the premise is declared by the Health Officer to be free of rat infestation.
Unless said measures are undertaken within five (5) days after receipt of notice,
it shall be construed as a violation of the provisions of this ordinance and occupant
shall be held responsible therefor.
® Section (5). That the owners of all ratproofed business buildings are required
to maintain the pr?mises in a ratproof condition and to repair all breaks or leaks
that may-occur in the ratproofing without a specific order of the health Officer.
Section (6). That from and after passage of this ordinance the Health Officer
is empowered to make-unannounced inspections of the interior and exterior of
business buildings to determine full compliance with this ordinance and the Health
Officer shall make periodic inspections at intervals of not more than forty -five
(45) drys of all ratproofed buildings to determine evidence of rat infestation and
the existence of new breaks or leaks in their ratproofing and, when any evidence is
found indicating the presence of rats or openings- through which rats may again enter
business buildings, the Health Officer shall serve the owners or occupants with
notice and /or orders to abate the conditions found:
Section (7). That whenever conditions inside or under occupied business build-
ings provide extensive harborage for .rats (in the opinion of the Health Officer) said
Health Officer is empowered, after due notification in accordance with Section (3),
to close such business buildings until such time as the conditions are abated by
ratproofing and harborage removal including, if necessary the installation of suit-
able concrete floors in basements or replacement of wooden first or ground floors
with concrete or other major repairs necessary to facilitate rat eradication.
Section (n). That whenever conditions inside or under unoccupied business
buildings provide extensive harborage for rats (in the opinion of the Health Officer)
said Health Officer is empowered to require compliance with the provisions of Section
(3) above,'and, in the event that said conditions are not corrected in a period of
sixty days, or within the tine to which a written extension may have been granted by
the Health Officer, the Health Di'ficer is empowered to institute condemnation and
destruction proceedings.
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Section (9). That it shall be unlawful under the provisions of this ordinance
for the occupant, owner, contractor, public utility company, plumber or any other
person to .remove and fail to restore in like condition the ratproofing from any
business building for any purpose. Further, it shall be unlawful for any person or
agent -co make any new openings that are not closed or sealed against the entrant @_of
® rats.
Section (10). It shall be unlawful for any person, firm or corporation hereafter
to construct, repair or remodel any building, dwelling, stable or market, or other
structure whatsoever, unless such construction, repair, remodeling or installation
shall render the building or other structure ratproof in accordance with the regu-
lations I prescribed herein and hereunder. The provisions of this Section apply only
to such construction, repairs, remodeling on installation as affect the ratproof
condition of any building or other structure.
Section (11). It shall be unlawful for any person, firm or corporatio hereafter
to occupy any new or existing business buildings wherein foodstuffs are to ored,
kept handled, sold, held or offered for sale without aamplyinE- with Section (10) of
this ordinance; and unless the provisions of this Section are complied with no city
license or permit to conduct or carry on such business as defined above will be
issued.
Section (12). That all food and feed within the City of Baytown for feeding_
chickens, cows, pigs, horses, and other animals shall be stored in rat -free and rat-
proof containers, compartments, or rooms unless stored in a ratproof building.
Section (13). That within the corporate limits of the City of Baytown all gar-
bage or refuse c -)nsistinn of waste animal or vegetable matter u-pon which rats Tr.ay
feed, and all small dead animals, shall be placed and stored until collected in
covered metal containers of a type prescribed by the Health Officer. It is further
declared unlawful for any person, firm, or corporation to dump or place on any pre-
mise, land or waterway, any de >-d animals, or any waste vegetable or animal matter
of any kind.
Section (14). That it shall be unlawful for any person to place, leave, dump,
or permit to .accumulate any garbage, rubbish, or trash in any building or on any
premise, improved or vacant, or on any open lot or alloy in the City of Baytown
so that same shall or may afford food or harborage- for rats.
Section (15). That it shall be unlawful far any person to permit to accumulate
on any premise, improved or vacant, or on any open lot or .alley in the City of
Baytown, any lumber, boxes, barrels, bottles, cans, containers or similar materials
that may be :permitted to remain thereon unless same shall be placed on open racks
that are elevated not less than eighteen (1811) inches above the ground, and evenly
piled or stacked.
Section (16). Penalty: Any person, firm, or corporation who shall violate any
• provision or provisions of this ordinance shall be deemed guilty jf a misdemeanor
and upon conviction shall be punished by a fine of not more than One Hundred Dollars
($100.00). Each day's violation shall constitute a separate offense.
.
Section (17). Re4eal Clause: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section (18). Savings Clause: If any section, subjection, sentence, clause or
phrase of this ordinance is for any reason held to be unconstitutional, void, or
invalid, the validity of the remaining portions of this ordinance shall not be
affected thereby.
Section (19). This ordinance shall take effect upon and after the passage of -ten
days from date hereof. The City Clerk is hereby directed to give notice hereof
by causing the caption of this ordinance to be published in the _newspaper in the City
of Baytown at least twice within thL- ten days from and after the date hereof.
Introduced, read and passed by the affirmative vote of a majority of the
Ciiy Council of the City of,Baytown on this the 9th day of February, 1948.
Attest:
r
City Clerk
W0016401 MAN
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COUNTY OF HARRIS
STATE OF TEXAS
Before me, the undersigned authority, on this date personally came and ap-
peared ___ ____ ___ ___ __A41 � - -_ _ ___________., duly recognized agent of The Daily Sun, a daily newspaper
published ' Goo Cre , Harris County, Texas, and ho after being duly sworn, says that the
attached notice was published in The Daily Sun of ____ _ _ ____________
-I 4 -� 6E (.q(4 . t
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& S.
... JA,(� ( 0
Sworn and subscribed before me this .............. d _ --------------- A. D. 194_
Notary Public, ris County, Texas
LEGAL. NOTICE
ORDINANCE NO. 8
An ordinance to provide for the protec•
Lion of the public health by controlling
or preventing the spread of rat -borne dis-
eases and Infections by the elimination of
insanitary conditions associated with such
diseases; providing for rat extermination;
providing for the ratproofing of all busi-
ness buildings and maintenance thereof in
a ralproofed condition; providing that bus•
lness buildings hereafter constructed shall
be of such construction as to comply with
the reL'llI Ions hereof; regulating the dis.
play raclts or stands outside of business
ouitdings eontalning fruits, vegetables, or
other products offered for sale; providing
for Inspection and authorizing health offi-
cer to maintain ratproofing of business
buildings and to enforce rat eradication;
providing for maximum penalty of 5100.00
for violation and for effective date hereo:•-
x'eb. lads —
—5—
BEULAri M�-,E JACKSON
Notary Public, in and for Harris County, Texas
COUNTY OF HARRIS
STATE OF TEXAS
Befor me, the undersigned authority, on this date personally came and ap-
peared _____ __ ----- tarris _ -____, duly recognized agent of The Daily Sun, a daily newspaper
published Goo Cre , County, Texas, an o after being duly sworn, says that the
attached notice was published in The Daily Sun of __ __ ____ __ _________ __._� 1 _
-- ..................................... ----------------------------------------------•-------------------------•--••--•-------•------------------------------------- �-- - - - - --
Sworn and subscribed before me this ...............`t.� day ']ti______._______.___A. D. ]94______
Y -
Notary Public, C ounty, Texas
BEULAn M:+E JACKSON
Notary Public. in and tar Harris County, Texas
LEGAL NOTICE
ORDINANCE NO. 8
An ordinance to provide for the protec
tion of the public health by controllin{
1 or preventing the spread of raL -borne dis
eases and Infections by the elimination of
Insanitary conditions associated with suer
diseases; providing for rat extermination',
providing for the ratproofing of all bust•
ness buildings and maintenance thereof Ir
`a raLproofed condition; providing that bus.
Iness buildings hereafter constructed shall
• ;Ile of such construction as to comply with
the regulations hereof; regulating the dis-
iplay racks or.,stands -outside of business
'DUUdings containing fruity vegetables,,'-or
other products offered for sale; providing
' �for inspection and authorizing health offs-
cer to maintain ratproofing of business
lbuildings and to enforce rat eradication;
;providing for maximum penalty of 5100.00
,for violation and for effective date hereof.
Feb, 14 -18
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