Ordinance No. 689R O U G H D R A F T
ORDINANCE NO. 689
AN ORDINANCE PROVIDING FOR THE LICENSING OF PEST CONTROL
OPERATORS AS HEREIN DEFINED; CREATING A PEST CONTROL COM-
MISSION AND DEFINING THEIR DUTIES AND AUTHORITY; PROVIDING
WHO SHALL BE ELIGIBLE FOR A LICENSE; PROVIDING FOR LICENSE
FEE; PROVIDING SAID LICENSE SHALL NOT BE TRANSFERABLE; PRO-
VIDING FOR THE DISPLAY OF LICENSE NUMBER; PROVIDING FOR
FINANCIAL RESPONSIBILITY COVERAGE; PROVIDING FOR SUSPENSION
OR REVOCATION OF A LICENSE; PROVIDING FOR AN APPEAL FROM
SUCH SUSPENSION OR REVOCATION; PROVIDING FOR WRITTEN NOTICE
OF SUSPENSION OR REVOCATION OF LICENSE; EXCLUDING FROM THIS
ORDINANCE WORK DONE BY A PERSON ON HIS OWN HOME, BUSINESS
OR PERSONAL PROPERTY HE MAY OWN; PROVIDING THAT VIOLATIONS
OF THIS ORDINANCE SHALL BE A MISDEMEANOR AND SETTING A FINE
THEREFOR; REPEALING ORDINANCES INCONSISTENT HEREWITH, CON-
TAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: DEFINITIONS: For the purpose of this ordinance the following
words shall have the following meanings:
(a) Pest Control Operator: Any person, association, partnership or cor-
poration who engages in, supervises or controls the business of using or employ-
ing insecticides, rodenticides, fumigants, fungicide, or other substances for the
control or destruction of insects,.vermin, rodents, termites, fungi or other
similar pests in buildings, dwelling houses, and about the grounds immediately ad-
jacent to buildings and dwelling houses.
(b) Insecticide: Any substance, not a fumigant, used for the destruction
or control of insects or other similar pests.
(c) Rodenticide: Any substance, not a fumigant, used for the destruction
or control of rodents.
(d) Fumigant: Any substance which by itself or in combination with any
other substance emits or may be made to emit gases, fumes or vapors dangerous or
injurious to human beings, which is used for the purpose of controlling the in-
crease of or destroying insects, rodents, vermin or any other similar pests; pro-
vided, however, that calcium cyanide, when used as a spot fumigant in enclosed
spaces and in such minimal quantities and in such location that it, or the gases
from it, will not harm human beings or domestic animals, shall not be considered
a fumigant for the purpose of this ordinance; and providing further that fogging
with insecticides shall not be considered fumigating for the purpose of this
ordinance.
(e) Fungicide: Any substance that destroys fungi or inhibits the growth
of the spores or hypha,
(f) Insecticidal_ Fog: Any treatment employing fluid formulations consist-
ing of insecticidal chemicals dissolved in a solvent, and thermally dispersed by
the use of a thermal aerosol generator or other similar generator.
(g) Wood Infesting Organisms COntrbl: The application of reinedial_measdres
for the purpose of contkolling termites,'and/or other wood infesting organisms in
structures.
(h) Place of_F_umiga_tion: Any room, portion of building, house, sea -going
vessel or any enclosed area frequented by human beings.
M Structure: Any building, regardless of its design, or the type of
materials used in its construction, whether public or private, vacant or occupied,
including its foundations.
(j) City: Shall mean the City of Baytown.
(k) Singular and Plural Words: As used in the singular shall include the
plural and the plural shall include the singular.
(1) Present and Future Words: As used in the present tense shall include
the future.
Section 2: The terms of this ordinance shall not apply to the following per-
sons:
(a) Any person constituting an agency of the Federal Government, State of
Texas or City of Baytown, engaged in any work of rodent or insect control or exter-
mination or any persons employed by such agency or by its governments engaged in
such work.
(b) Employees normally called service men who actually perform the service
of applying the substance, set forth in Section 1 hereof, at the residence or place
of business of the customer, if such employee performs such services under the sup-
ervision and control of a person licensed under this ordinance.
(c) Nurserymen who engage in the business of spraying trees, shrubs and
plants with the substance referred to in Section 1 above, or any other substance
or substances,
(d) Persons doing pest or termite control work in a building or on premises
owned or occupied by him as his home or business or for other purposes.
(e) Anyone who does pest and termite control work as a part of his employ-
ment and limited solely to the business premises of the person, firm or business by
whom he is employed, and who does not engage in the occupation of a pest control
operator as that term is herein defined for the general public.
Section 3: There is hereby created a body to be designated - City of Baytown
Pest Control Commission - which shall consist of three (3) members. The Chief of
the Fire Department shall be a member Ex Officio, and he shall be the Chairman
thereof. The City Sanitarian shall also be a member Ex Officio. The third member
shall be appointed by the City Council and shall be well versed and qualified in
the proper use and control of insecticides, rodenticides and fumigants.
Section 4: Nothing herein contained shall prohibit the issuance of a license
to a member of the City of Baytown Pest Control Commission, other than the Ex Of-
ficio members thereof, upon his complying with all the requirements hereof relating
to the issuance of such licenses.
Section 5: Duties of Commission: It shall be the duty of the Baytown Pest
Pest Control Commission to investigate all applicants for license under this Ordin-
ance, to determine if all such applicants have the qualifications hereinafter pres-
cribed for the license sought, and when any applicant upon investigation and deter-
mination is found to be qualified and fit under the provisions of this ordinance to
recommend the issuance of a license to him upon his complying with all of the re-
quirements herein prescribed. It shall be the duty of the Baytown Pest Control Com-
mission to have available for public information the current safety rules and regu-
lations concerning insecticides, rodenticides, fumigants and insecticidal fog opera-
tions.
Section b: The Commission shall issue licenses to such persons of good moral
character as have, by uniform, reasonable examination, shown themselves fit, compet-
ent and qualified to engage in the business, trade or calling of a pest control
operator, however, in order to be eligible for a license, an applicant must, in ad-
dition to the other requirements contained herein, qualify as follows:
(a) He must submit evidence of the fact that he has not been convicted of a
crime involving moral turpitude within the ten years immediately preceding the date
of his application.
(b) He must submit evidence of financial responsibility showing a net worth
over and above exemptions of $10,000.00 or furnish public liability and property
damage insurance coverage written by an insurance company authorized to do business
in the State of Texas for not less than $101000.00, in form satisfactory to the
Commission. Such certificate shall provide that advance written notification of
ten (10) days will be given to the Commission in the event the insurance carrier
desires to cancel the applicant`s insurance.
(c) He must furnish evidence of a permanent business address and telephone
number.
(d) A written statement must be furnished from the applicant that he and his
employees are trained in the safe handling of poisonous materials and in the manner
of best protecting the public and themselves in the use of such materials, and the
Commission shall satisfy itself as to the veracity of such written statement. In
this connection the Commission may require that the employees of the applicant ap-
pear before them and submit to oral examination by them to determine their qualifi-
cations and fitness regarding the above matter.
Section 7: Investigation of the Applicant: Upon the filing of such applica-
tion, it shall be the duty of the City of Baytown Pest Control Commission to in-
vestigate expeditously the applicant, and to proceed to determine the qualifica-
tions and fitness of such applicant with reasonable promptness after his application
has been filed. If the applicant is found to be qualified, his application shall
be granted, and upon the recommendation of the Pest Control Commission, the City
Council of the City of Baytown shall grant a license to such applicant. If the
applicant is not found to be qualified, his application shall be denied, and he
shall at once be notified in writing of its denial.
Section 8: Appeal from Denial of Application: Upon the denial of his appli-
cation, an applicant may, within ten (10) days after the denial of his application,
appeal to the City Council of the City of Baytown, who may, after a hearing of
which the applicant and the Chairman of the City of Baytown Pest Control Commission
have been given due notice, either sustain the denial of the application or order
a license issued to the applicant upon the payment of the fee hereinafter prescribed
Any application which shall not have been granted or denied within fifteen (15)
days from the date filed shall be deemed to have been denied and the applicant may
appeal thereon.
Section 9: Issuance of License Expiration and Renewal Fees: Licenses or-
dered issued hereunder, and renewal licenses, shall be issued by the City Clerk
upon the payment of license fees as follows:
6 n
An Annual Fee of ''
a�
Plus an Annual Fee of for each Service Vehicle
Each license shall be effective for the calendar year in which it is issued, and
the fee paid for its issuance shall likewise cover such calendar year. All
licenses shall expire on the 1st day of January next, after the date of their is-
suance. Any licensee holding a license which has not been revoked, or is not un-
der suspension may, upon presentation of certificate evidencing insurance as re-
quired by this ordinance, obtain a renewal license each year from the City Clerk on
or before the 31st day of December of the year in which the existing license ex-
pires, upon payment of the required fee, and upon such payment, such license shall
be valid for the ensuing calendar year.
Section 10: Who -Ma -T Operate Under License: Such license shall not be trans-
ferable and shall not authorize any person other than the person to whom it is
issued to engage in Pest Control thereunder; provided, however, that a firm may en-
gac7e in business under a license held by one of its members and a corporation may do
likewise under a license held by one of its duly qualified officers; provided, how-
ever, that when there is a change in the status of any duly licensed person owning
and/or operating a Pest Control Business, such Pest Control Business shall have
sixty (60) days thereafter to qualify and/or secure a duly licensed replacement
for such displaced person.
Section ll: Revocation of License: Any license may be declared revoked or
suspended by the amity of Baytown Pest Control Commission after a hearing of which
the licensee has been given at least ten (10) days written notice containing the
grounds alleged for the revocation of his license upon the finding of a violation
of any law, ordinance, rule or regulation governing the use of insecticides, rodent-
icides, fumigants or similar substances or for any negligence or departure from
accepted safe practices in the use thereof, or for any fraudulent conduct in con-
nection with the business of a Pest Control Operator or for any misrepresentations
for the purpose of defrauding or the use of methods or materials which are not suit-
able for the purposes outlined, which are carried out by the License holder or em-
ployees under his or its supervision.
Section 12: appeal from Revocation or Suspension of License: Any holder of
a license, which has been declared revoked or suspended, may appeal to the City
Council of the City of Baytown from such revocation or suspension by filing with
the City Clerk within ten (10) days from the date of said order, his written notice
of appeal. When and if such notice of appeal be given as herein provided, the order
of the City of Baytown Pest Control Commission appealed from shall be suspended
pending such appeal and final action by the City Council thereon. The City Council
shall hear all such appeals, after written notice of the hearing to the person ap-
pealing and to the Chairman of the City of Baytown Pest Control Commission, and
shall take such action as it may deem fit.
Section 13: _Chief of Police and City Council to be Notified of Suspension_
or Revocation: The City of Baytown Pest Control Commission shall give promptly
to the holder of a license written notice of any such order of suspension or revo-
cation of his license, and shall file promptly with the Chief of Police and City
Council, notice of all such orders of suspensions and revocations.
Section 14: Responsibility of Owner or Operator: The owner or manager of
any fest Control Business holding a license under the terms of this ordinance is
hereby held responsible for the lives and health of not only those in his employ-
ment, but also for the lives and health of persons who might be affected by the
conduct of such business. Where food establishments are concerned, the owner and
manager of such a business is hereby held responsible for the protection of such
food stuffs from becoming poisoned or otherwise contaminated.
Section 15: Special Provisions for Extermination of Food Establishments:
Any insecticide containing sodium fluoride shall be colered nile blue to prevent
the poison from being mistaken for flour, sugar, salt or other food stuffs. it
shall be unlawful to use any rodenticide or insecticide containing living bacterial
organisms in any type of building. No type of poisonous gas, fumes or vapor shall
be used in a food establishment which would render the food stuffs unsuitable for
human consumption.
Section 16: Safety Regulations: Outside fogging for insect control of ball
parks, drive-in theaters, race tracks or other similar locations shall not be done
while the public is occupying such places. Instructions of manufacturers shall be
carefully observed and followed as precautionary measures and as a means of reduc-
ing the possibility of fire or explosions. During use of certain inflammable sol-
vents in indoor fogging, the following should be observed.
(a) Evacuate all personnel except the essential operators from
the building being treated.
(b) Only experienced, responsible persons who are thoroughly familiar
with operation instructions and attendant fire safeguards should
be permitted to operate,
(c) The use of listed equipment and insecticide formulations is re-
commended. No oil carriers should ever be used in thermol fog
generators that have a flash point lower than kerosene. The carrier
should have a flash point of at least 40 degrees higher than the
surrounding temperature of the area being fogged.
(d) In exterior operations involving areas beneath buildings, the same
safety precautions as required for interior fogging must be made
to apply. Accidental entry of heavy concentrates of outside fog in
basements through open windows must nog be overlooked.
(e) Doors may be blocked open where this will assist ventilation
and fog dispersion. However, it is important that doors in the
fire walls and fire partitions and doors at elevator, stairways
and other vertical openings be kept securely closed.
Section 17: Practices to be Followed:
(a) All vehicles and assembly equipment, such as trucks and trailers
actively and regularly engaged in service work, shall be perman-
ently marked for easy identification.
(b) Fumigants, rodenticides and insecticides shall be used in accord-
ance with the recommendations of the interdepartmental committee
on Pest Control (composed of United States Departments of Agri-
culture, Interior, Army, Navy, Air Force and Department of Health,
Education and Welfare), as made available by the National Pest
Control Association or the manufacturers and formulators of
chemicals used.
(c) The burden of responsibility shall rest upon the Pest Control Op-
erator for selection and use of proper chemicals and also for the
correct formulation and dosages used unless otherwise specified
in the rules and regulations.
(d) Any Pest Control Operator who shall move his place of business from
one location to another shall be required to send change of address
notices to all property owners or their authorized agents who hold
contracts in any form with said licensee. X11 such change of ad-
dress notices shall be placed in the mail at least prior
to the moving and must state clearly the new address at which the
licensee will be located.
(e) Each Pest Control Operator shall be required to notify the City
of Baytown of any change of address within ten (10) days after such
change has been made.
(f) Misleading advertising In any form is prohibited.
(g) No reference shall be made by any Pest Control Operator or Pest
Control Business in any form of advertising as to approval, endorse-
ment by the City of Baytown.
(h) Any Pest Control Operator in the solicitation of business who shall
claim that inspection and/or treatments are required, authorized
or endorsed by the City of Baytown, shall be guilty of fraud and
misrepresentation.
Section 18: Contract Reouired:
1. Each Pest Control Business or Pest Control Operator must have a writ-
ten agreement or contract with the property holder or his or her
agent for each "wood infesting organisms control" job, when such
job is confined to a structure.
Z. The Contract must clearly set forth the following stipulations:
(a) The date upon which the contract will become effective
and the period or time covered by the contract.
(b) The type or types of wood infesting organisms being controlled
under the contract.
(c) The total maximum price to be charged exclusive of repairs,
replacement or excavation.
(d) Whether or not inspections are to be made, approximate time
of intervals between, and fees for same, if any.
(e) Conditions under which re -treatments will be made.
(f) Any "wood infesting organisms control" contract must be
presented to the property holder or his or her agent for
acceptance in advance of the performance of any remedial
measures as specified.
(g) In contracts covering spot treatments, specific area on,
under and/or in a structure where proposed items of work are
to be performed must be listed in the contract or attached
thereto and made a part thereof.
(h) When periodic inspections are specified in "wood infesting
organisms control" contracts, a written report of each re-
inspection made during the effective period of the contract,
or a renewal of a contract must be issued to the property
owner or his or her agent, after such reinspections, except
if at the time of reinspection or retreatment an owner or
occupant of the building or structure signs an inspection
acknowledgement it will then not be required of the licen-
see to furnish a written report.
(i) Control measures used must be based upon the types of ter-
mites or termite damage or the type of other wood infesting
organisms as previously determined by inspection and in ac-
cordance with the written agreement or contract.
Section 19: Inspections by City:
(1) At such times as may be necessary, the Building Inspector of the City
of Baytown shall examine property treated for termites or other wood in-
festing organisms for the purpose of determining the efficiency of the re-
medial measures applied and to determine if treatments comply with the cL..-
tract.
(2) If upon examination and inspection by the Building Inspector of any
property so treated, it shall be determined that compliance with the pro-
visions of the contract have been violated, or that there has been a gen-
eral failure to fulfill the contract, the Pest Control Business or Pest
Control Operator shall be so notified in writing by the Building Inspector
and said Pest Control Operator or Pest Control Business shall be required
to reexamine and apply supplemental treatment in a manner to comply with
the contract within thirty (30) days after date of such notification, pro-
vided that such required re-examination and/or treatment will not be re-
quired of a Pest Control Business or a Pest Control Operator, if it is
shown to the satisfaction of the Building Inspector why such action should
not be taken.
(3) The Pest Control Business or Pest Control Operator shall be required
to notify the Building Inspector in writing as to the date of compliance
with any written notification requiring re-examination and re -treatment
of any property.
Section 20: It shall be unlawful for any person to engage in the Pest Con-
trol Business and/or extermination work without*f#rstghaving secured a license
under the provisions of this ordinance. Any person, firm or corporation violat-
ing any of the provisions of this ordinance shall be deemed guilty of a misdemean-
or and upon conviction whall be fined not less that Ten ($10.00) Dollars, nor more
than Two Hundred ($200.00) Dollars. Each and every violation of the provisions
of this ordinance shall constitute a separate offense, and each and every day shall
constitute a separate violation.
Section 21: Repealing Clause: All ordinances or parts of ordinances incon-
sistent or in conflict with the provisions of this ordinance shall be and the same
are hereby repealed.
Section 22: Savings Clause: In the event any section, subsection, sentence,
clause or phrase of this ordinance shall be declared or adjudged invalid or un-
constitutional, such adjudication shall in no means affect any other section, sub-
section, sentence, clause or phrase of this ordinance, but all the rest thereof
shall be in full force and effect as though the section, sub --section, sentence,
clause or phrase so declared or adjudged invalid or unconstitutional was not
originally a part thereof.
Section 13: Effective Date: This ordinance shall take effect from and
after ten (10) days from its passage by the City Council. The City Cleric is here-
by
ere-by directed to give notice hereof by causing the caption of this ordinance to be
published in the official newspaper of the City of Baytown at least twice within
ten (10) days after the passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
members of the City Council of the City of Baytown, this the 13th day of June,
1963.
C. L. (Lee) Liggett, M.D., mayor
ATTEST:
Edna Oliver, City Clerk
APPROVED:
Geor, handler, City Attorney