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HomeMy WebLinkAbout373 04-14-1970ORDINANCE NO. 373 AN ORDINANCE REGULATING PEST CONTROL OPERATORS WITHIN THE CITY OF EULESS; DEFINING CERTAIN TERMS; REQUIRING A LICENSE AND STATING THE PROCEDURE REQUIRED THEREFOR; RE- QUIRING A SURETY BOND AND PUBLIC LIABILITY INSURANCE; PROVIDING A PROCEDURE FOR THE REVOCATION OF SUCH LICENSE; PROVIDING A PENALTY, A SAVINGS CLAUSE, A PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS; Sec. 1 - LICENSE REQUIRED. It shall b� unlawful for any person, firm or corporation to engage in the business of "Pest Control Operator" in the City of Euless as that term is hereinafter in this Ordinance defined, without having a valid and unexpired license to do so issued under the terms of this Ordinance. Sec. 2 - DEFINITIONS. 7a7 "Pest Control Operator" shall mean any person, partnership, corporation, firm or association that engages in or controls the business of using or employing insecticides, rodenticides, fumigants, fungicides, poisons, ground glass or ground metal filings, or other contaminated foods, or other substances for the control or destruction of insects, vermin, rodents, termites, fungi, wild or domestic animals, or pests in buildings, dwelling houses on public and private property, and about the grounds immediately adjacent to buildings, dwelling houses, public or private property. (b) "Applicant" shall mean any person, partnership, corporation, firm or association that applies to the City for a pest control contractor's license or a pest control operator's license. (c) "Service Employee" shall mean any person who actually per- forms under the supervision and control of a licensed pest control operator the service of applying insecticides, rodenticides, fumigants, and fungicides at the residence or place of business of a customer, and who is a bona fide employee of such pest control operator or contractor. (d) "Licensee" shall mean any person, partnership, corporation, firm or association that holds a valid pest control operator's or pest control contractor's license issued by the City of Euless under this Ordinance. (e) "Bona Fide Employee" or "Employee" shall mean any person who works for a salary or wages in the service of a licensed pest control operator or contractor and whose physical conduct in the performance of his services is controlled by the pest control operator. (f) "Insecticides" shall mean any substance used for the destruc- tion or control of insects or similar pests which is not a fumigant. (g) "Rodenticide" shall mean any substance used for the destruction or control of rodents which is not a fumigant. (h) "Fumigant" shall mean 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 increase of or destroying insects, rodents, vermin or any other similar pests. (i) "Fungicide" shall mean any substance that destroys fungi or inhibits the growth of the spores or hypha. (j) "Poison or food substances containing ground glass, ground metal filings or other contamination" shall mean any substance calculated to injure, damage or destroy pests, rodents, insects, wild or domestic animals, vermin or any other similar pests. Sec. 3 - APPLICATION FOR LICENSE - PEST CONTROL OPERATOR. Any individual desiring to work as a pest control operator in the City of Euless shall file with the City Manager of the City of Euless a written application for a license. Such application shall state the name, age, and address of the applicant, and shall contain a statement that the provisions of this Ordinance have been read by the applicant and that he agrees to comply with all provisions contained herein and with all ordinances of the City pertaining to pest control. The following qualifications and conditions shall apply to pest control operators and the issuance of licenses to such operators in the City: (a) Applicant shall have, before license will be issued, and maintain, for so long as he holds a license, a policy of public liability insurance covering property damage of $50,000.00 and personal injury of $100,000.00 written by an insurance company authorized to do business in the State of Texas, in a form satisfactory to the City. Before license will be issued, applicant will furnish the City Manager a certificate of insurance showing that insurance as herein provided is in force; such certificate shall provide that advance written notification of ten (10) days will be given to the City in the event the insurance carrier desires to cancel the policy evidenced by such certificate. -2- (b) Applicant shall have, before license is issued, a surety bond, executed by applicant as principal and a corporate surety compa -y as surety, in the amount of $1,000.00 and approved by the City Attorney as to form, conditioned upon the faithful performance by applicant of all contracts entered into by him as a pest control operator in the City; provided, however, that it shall be deemed sufficient that such bond shall declare itself effective as to each such contract only for a period of one (1) year from the date the work connected with each such contract is completed. Such bond shall be filed with the City Manager and shall provide that it may be cancelled only upon ten (10) days written notice to the C ity. (c) Applicant shall have an established and permanent business address and telephone number in the County of Dallas or Tarrant, Texas. (d) Each applicant shall state whether or not he, or any partner- ship in which he has been a partner, or any corporation in which he has been an officer or director, has ever been refused a license to operate as a pest control operator or has had a license revoked or suspended by any state or local government. Full details of any such refusal or revocation or suspension of license must be given. (e) Applicants for a license as a pest control operator shall file with the application an affidavit setting forth the names of the person or persons who are owners of the business or who are the officers of the firm, and the name and address of the person who shall be responsible for the business in the City as well as the name of the person who shall have general supervision of the business in the City. Notice in writing of any change in such ownership, persons or operators shall be given the City within five (5) days after such change. (f) Such permit shall not be transferable. (g) Each applicant shall include a signed and sealed certificate of a notary public, or other officer authorized by law to administer oaths, certifying that applicant personally appeared before such officer, and after being duly sworn, applicant declared that he signed such application, and that the statements contained therein are true. Sec. 4 - ISSUANCE OF LICENSE; EXPIRATION AND RENEWAL; FEES. Upon determining that the applicant meets the requirements of this Ordinance, the City Manager shall so notify the City Secretary who shall issue the appropriate license upon receipt of $50.00 in payment of the cost of administration hereof. Each license shall be effective for one (1) year from the date issued. Any licensee -3- holding a icense wh;c;;% has Prot been revoked, or is not under suspension, way obi:o'o n a renewed license each year by making applicatioi, as provided above and upon, payment of $50.00 as a renewal fee. Sec, 5 - EXCEPTIONS FROM ORDINANCE. The use of ;- secticldes, roderticides, fumigants, fungicides, or other substances for t!-.,e control or destruction of insects, vermin, rodents, term °rtes or other similar pests by persons, association or cDrpor =ation not hav;r,g a license shall not be in violat;orl of this Ordirance if such use is one that is set out in (1) rough (3) a follows: (1) By a service employee, as herein defined, doing work under the d'rection a,,-,d supervision of his employer who is a licensee, as here; defined (Z) By as agency of the Federal Government, State of Texas, County of Dallas and Tarra-t, or the City of Euless, engaged in any work of rodent or is -,sect control or extermination, or any person employed in a�r,y such agency or by such governments when such work is being done by such employee as a part of his duties as an employee of such agency or governments. This exemption shall not extend to any work done by any employee of such agency or government separate and apart from his official duties or employmeroty (3) By any person in a building or on premises owned or occupied by him as his home or business. Sec, 6 - NOTICE OF INTENDED USE. Notice of intent to use poison, food containing ground glass or metal fil;ngs or other contaminated food substance on private property or in public places shall be given in writing by certified mail, return receipt requested addressed to the City Manager of the City of Euless, Texas, and to every property owner within f;ve hundred (500) feet from the property line of the tract, location or site where such poison, contaminated food substance or other similar eradication device shall be employed or used, Such written notice shall be given by any per - son, firm or corporation including, but not limited to pest control operators, not less than seventy -two (72) hours prior to the use, placement or display of any poison, contaminated substance or other er,ad cation device. The City Manager or his designated agent shall have authority to enjoin and cause any person proposing to use poison, contaminated substance or other eradication device from the use thereof should the City Manager so determ'ne that such proposed use would endanger human life, public safety, welfare, domesticated animals or other household pets. -4- Sec. 7 - REVOCATION OF LICENSE_, Any license may be declared revoked or suspended by the City Manager upon the fi-d'-:g by the C t^y Manager of any of the following: (a) A violation o-I the part of the licensee of any ordinance, rule, or regulator- of `he City governing the use of insecticide, rodenticides, fumigants, farny;cides, poisons or contaminated substances as here? n defined, or ot�er similar substances. (b) Failure of t',-;e I1cerse holder to pay the license fee or renewal fee. (c) Failure of l ;cersee to provide sufficient financial responsi- bility as provided in Section 3. (d) Failure to pay a fire assessed under this Ordinance by the Municipal Court of the City within ten (10) days after said judgment of corvictio:^ becomes final; or (e) Conviction of licensee of a crime or offense of the grade of felony or any offense involving moral turpitude; or (f) Failure of licensee to maintain both a permanent business address on base of operation and a permanent telephone number within Dallas or Tarrant County or for failure of licensee to file with the City Manager notice in writing of any change in such address and /or telephone number within fifteen (15) days after the date of such change. Sec. 8 - APPEAL FROM REVOCATION. Any holder of a licerse which has been revoked or suspended may appeal to the City Council from the order of revocation or suspension by filing with the City Secretary, within ten (10) days of the date of such order, his written notice of appeal which shall specifically state the grounds for such appeal. The City Council shall hear all such appeals after written notice of the hearing to the licensee appealing and to the City Secretary, and the City Council shall take such action as it may deem fit. Pending the action of the City Council on such appeal, the order of the City Manager appealed from shall be suspended and the licensee shall be permitted to continue doing business pending final action by the City Council. Sec. 9 - PENALTY. Any person, firm, corporation, association, partnership, or society violating any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200,00) and each and every day such violation shall continue shall constitute a distinct and separate offense. -5- Sec. 10 - SAVINGS CLAUSE. Should any section, provision, word, phrase, or clause of this Ordinance, or the application thereof to any person, or circum- stances be held invalid, unconstitutional or ineffective, the remainder of the Ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. Sec. 11 - PUBLICATION. This Ordinance shall be published at least one time in the official newspaper of the City of Euless in accordance with the provisions of the Euless City Charter. Sec. 12 - EFFECTIVE DATE. This Ordinance shall become effective and be in full force and effect upon its final passage and publication as aforesaid. All pest control operators shall comply with the provisions of this Ordinance within thirty (30) days from and after its publication. PRESENTED AND GIVEN FIRST READING on the 24th day of March, 1970 , at a regular meeting of the City Council of the City of Euless, Texas; and given Second Reading, passed and approved on the 14th day of April , 19701 by a vote of 5 ayes and 0 nays at a regular meeting of the City Council of the City of Euless, e as. ATTEST: ILI - City Secretary APPROVED AS TO FORM: e City Attorney APPROVED: MAYOR