Ordinance No. 701ORDINLNCE NTO. ?01
AN ORDINANCE PROVIDING FOR THE, LICENSING OF PEST CONTROL OPERATORS
AS HEREIN DEFINED; CREATING A PEST CONTROL COM4ISSION AND DEFINING
ITS DUTIES AED AUTHORITY; PROVIDING WHO SHALL BE ELIGIBLE FOR A
LICENSE; PROVIDING FOR LICENSE FEE; PROVIDING SAID LICENSE SHALL NOT
BE TRANSFERABLE; PROVIDING FOR THE DISPLAY OF LICENSE NUMBER; PRO-
VIDING FOR FINANCIAL RESPONSIBILITY COVERAGE; PROVIDING FOR SUSPEN-
SION OR REVOCATION OF A LICENSE; PROVIDING FOR AN APPEAL FROE SUCH
SUSPENSION OR REVOCATION; PROVIDING FOR WRITTEN NOTICE OF SUSPENSION
OR REVOCATION OF' LICENSE; EXCLUDING FROI THIS ORDINANCE WORK DONE BY
A PERSON ON HIS OWN HOME; BUSINESS OR PERSONAL PROPERTY; PROVIDING
THAT VIOLATIONS OF THIS CRDINANCE SHALL BE A PISDEMEANOR AND SE'T'TING
A FINE THEREFOR; REPEALING ORDINANCES INCONSISTENT HERE14ITH; CONTAIN -
IW G A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF TIS 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 corporation who
engages in, supervises or controls the business of using or employing insecticides,
rodenticides, fumigants, fungicide, or other substances for the control or destruc-
tion of insects, vermin, rodents, termites, fungi or other similar pests in buildings,
dwelling houses and about, the grounds immediately adjacent 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 sub-
stance 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 increase of or de-
stroying insects, rodents, vermin or any other similar pests; provided, 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 con-
sidered fumigating for the purpose of this ordinance.
(e) Fun,icide: Any substance that destroys fungi or inhibits the growth of the
spores of hypha.
(f} Insecticidal Fog: Any treatment employing fluid formulations consisting of in-
secticidal chemicals dissolved in a solvent, and thermally dispersed by the use of a
thermal aerosol generator or other similar generator.
Wood Infesting Organisms Control: The application of remedial measures for the
purpose of controlling termites and/or other wood infesting organisms in structures.
(h)Place of Fumigation: Any room, portion of buildings, house, sea -going vessel or
any enclosed area frequented by human beings.
(i) 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.
(L City: Shall mean the City of Baytown.
(k) Singular and Plural_',Jords: As used in the singular shall include the plural and
the plural shall include the singular.
1 Present and Future "'ords: As used in the present tense shall include the .future.
Section 2: The terms of this ordinance shall not apply to the following persons:
(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 extermination or any per-
sons 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 I hereof, at the residence or place of business of
the customer, if such employee performs such services under the supervision 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 employment 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 here-
in defined for the general public. t, -A" <<
(f) Any pest control operator performing pest control functionsi;as of July 11, 1963; pro-
vided, that such operator must obtain a license and furnish insurance as provided herein.
Section 3: There is hereby created a body to be designated - City of Baytown Pest
Control Commission - which shall consist of five (5) members. The Chief of the Fire De-
partment shall be a member ex officio, and he shall be the Chairman thereof. The City
Sanitarian shall also be a member ex officio, and a third member shall be appointed by the
City Council. The other two (2) members shall be duly licensed local pest control opera-
tors and shall be nominated by duly licensed local pest control operators and be approved
by the City Council. Of the three members trho are not City Employees, one shall be ap-
pointed for a period of one (1) year and two (2) shall be appointed for a period of two
(2) .years; thereafter, each appointment shall be for a term of two (2) years.
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 officio members
thereof, upon his complying with all the requirements hereof relating to the issuance of
such licenses.
Section: Duties of Commission: It shall be the duty of the Baytown Pest Control.
Commission to investigate all applicants for licenses under this ordinance, to determine
if all such applicants have the qualifications hereinafter prescribed for the license
sought, and when any applicant, upon investigation and determination 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 the requirements herein prescribed. It shall
be the duty of the Baytown Pest Control Commission to have available for public informa-
tion the current safety rules and regulations concerning insecticides, rodenticides, fumi-
gants and insecticidal fog operations.
Section 6: The Commission shall issue licenses to such persons of good moral
character as have, by uniform, reasonable examination, shown themselves fit, competent
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 addition to the
other requirements contained herein, qualify as follows:
(a) He must 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 the following: Bodily injury, each person,
$10,000.00; bodily injury, each accident, '$20,000.00; property damage,
each accident $10,000.00; property damage, aggregate, X20,000.00. Such
certificate shall provide that advance written notification of ten (10)
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days will be given to the Commission in the event the insurance
carrier desires to cancel the applicant's insurance.
(b) He must furnish evidence of a permanent business address and tele-
rhone number.
(c) A written statement must be furnished from the applicant that he
and his employees are trained in the safe handling of poisonous mater-
ials 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 appear be-
fore them and submit to oral examination by them to determine their
qualifications and fitness regarding the above matter.
Section : Investigation of the YMplicant. Upon the filing of such application
it shall be the duty of the City of Baytojn-i Pest Control Commission to investigage
expeditously the applicant, and to proceed to determine the qualifications and fitness
of such applicant. That for such purpose, an examination shall he given at City Hall
within fifteen (15) days after such application is made. That such examination shall
be given in the presence of at least a majority of the Commission and same shall be
graded immediately upon completion and the Commission shall notify each applicant then
and there as to the grade he made thereon. If the applicant is found to be qualified,
his application shall be granted, and upon the recommendation of the Pest Control Com-
mission, the City Council of the City of 3aytoi,-n shall grant a license to such appli-
cant. If the applicant is not found to be qualified, his application shall be denied,
and he shall, at once, be notified, in r•T iting, of its denial.
Section 8: Appeal and Denial of Application. Upon the denial of his application,
an applicant i7iay, within ten (10) days after the denial of his application, appeal to the
City Council of the City of Baytown, wl o may, after a hearing of which the applicant and
the Chairman of the City of Paytcim 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 t:rhzch shall not have
been granted or denied Tjithin 15 days from the date filed shall be deemed to have been
denied and the applicant may appeal thereon.
Section 9 issuance of License Fx iration and Renewal Fees. Licenses ordered
issued herein and renewal licenses, shall be issued by the City Clerk upon the payment
of license fees as follows:
An annual fee of Ten and Nol100 ($10.00) Dollars.
Plus. An annual fee of Two and No/100 ('2.00)
Dollars for each Service Vehicle.
'.11 licenses shall expire on the 7st day of October next, after the date of their
issuance. Any licensee holding a license trhich has not been revoked, or is not under
suspension may, upon presentation of certificates evidencing insurance as required by
this ordinance, may obtain a renewal license each year from the City Clerk on or before
the first day of October of the year in which the existing license expires, upon payment
of the required fee, and upon such payment, such license shall be valid for the ensuing
calendar ,year.
Section 10. Who i`.av Operate Under License: Such license shall not be transferable
and shall not authorize any person other than the person to whom it is issued to engage
in Pest Control thereunder; provided, ho*•never, that a firm may engage 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, however, that T -There 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 11: Revocation of License: Any license may be declared revoked or sus-
pended by the City. of _aytown Pest Control Commission after a hearing of which the
licensee has been given at least ten (10) days written notice containing the grounds
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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, rodenticides, fumigants
or similar substances or for any negligence or departure from accepted safe practices in
the use thereof, or for any fraudulent conduct in connection 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 suitable for the purposes outlined, which are
carried out by the License Holder or employee under his supervision.
Section 12: 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 revocation of his license,
and shall file promptly with the Chief of Police and City Council, notice of all such
orders of suspension and revocations.
Section 13: ResponsibilitV of Owner or 0 erator: The owner or manager of any Pest
Control Business holding a license hereunder the terms of this ordinance is hereby held
responsible for the lives and health of not only those in his employment, 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 14: Special_ Provisions for Extermination of Food Establishments: Any in-
secticide containing sodium fluoride shall be colored 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
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 15: 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 reducing the possibility of fire
or explosions. During use of certain inflammable solvents 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 recommended.
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. i1c-
cidental entry of heavy concentrates of outside fog in basements through
open windows must not be overlooked.
(e) Doors may be blocked open where this will assist ventilation and fog dis-
persion; however, it is important that doors in the fire walls and fire
partitions and doors at elevators, stairways and other vertical openings
should be kept securely closed.
Section 16: Practices to be Followed:
(a) All vehicles and assembly equipment, such as trucks and trailers actively
and regularly engaged in service work, shall be permanently marked for easy
identification. Such vehicle and/or equipment shall bear the operator's trade
name and his Baytown Pest Control License Humber.
(b) Fumigants, rodenticides and insecticides of the interdepartmental committee
on Pest Control (composed of United States Departments of Agriculture, Interior,
,1rmy, Navy, Air Force and Department of Health, Education and Welfare), as made
available by the National Pest Control Association or the manufacturers and form-
ulators of chemicals used.
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(c) The burden of responsibility shall rest upon the Pest Control Operator
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 publish such change of address in the
local newspaper for three (3) consecutive days.
(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, endorsement 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 17: Contract Required: Each Pest Control Business or Pest Control Opera-
tor must have a written 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.
The Contract must clearly set forth the following stipulations:
(a) The date upon which the contract will become effective and the period
of 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, if any, for same.
(e) Conditions under which re -treatments will be made.
(f) Any brood Infesting Oraa_nisms Control contract must be presented to the
property holder or his or her agent for acceptance in advance of the per-
formance 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 con-
trol" 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 agent, after such re -inspections,
except if at the time of re -inspection or re -treatment an owner or occupant
of the building or structure signs an inspection acknowledgment, it will
then not be required of the licensee to furnish a written report.
(i) Control measures used must be based upon the types of termites or termite
damage or the type of wood infesting organisms as previously determined
by inspection and in accordance with the ivritten agreement or contract.
Section 1$: It shall be unlawful for any person to engage in the Pest Control
Business and/or extermination work without first having secured a license under the
provisions of this ordinance. Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction
shall be fined not less than 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 19: ReRealing Clause: :111 ordinances or parts of ordinances inconsistent
or in conflict with the provisions of this ordinance shall be and the same are hereby
repealed. Ordinance Number 689, passed by the City Council on the lith day of July, 1963,
is hereby expressly repealed.
Section 20: Savings Clause: In the event any section, sub -section, sentence,
clause or phrase of this ordinance shall be declared or adjudged invalid, or unconstitu-
tional, such adjudication shall in no means affect any other section, sub -section, sent-
ence, 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 21: Effective Date: This ordinance shall take effect from and after ten
(10) days from its passage by the City Council. The City Clerk is hereby directed to
give notice hereof by causing the caption of this ordinance to be published in the of-
ficial 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 v C of a majority of the members
of the City Council of the City of Baytown, this the Cday of dDjC ^ti 1963.
ATTEST:
Edna Oliver, City Clerk
APPROVED:
George yliandler, City Attorney
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C. L. Liggett, M.D., Mayor