§ 39-1. Definitions.
§ 39-2. Reserved
§ 39-3. Inspections by director; when warrants required; right of entry.
§ 39-4. Rat infestations prohibited; notice of violation; extermination by director; appeal from order of director.
§ 39-5. Public property.
§ 39-6. Effect of chapter on other laws and ordinances.
§ 39-7. Regulations.
§ 39-8. Penalties for violations.
Notes
| [Note] | *Cross reference-Vermin control in private schools and recreational camps, § 44-33. |
For the purpose of this Chapter, the following words and phrases have the following meanings:
Commercial exterminators: A private operator engaged in the business of rodent control and extermination.
Director: The Director of the Department of Health and Human Services or Director's designee.
Extermination: The elimination of all rats from a given area, generally accomplished by using poisons, gas or traps, as permitted by existing laws or regulations.
Harborage: Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence on any premises. Harborage can be structural, incidental or temporary.
Infestation: The presence of one or more rats that have established residence in any given area. Observation of live rats, active rat burrows, rat droppings or rat runways or tracks shall be considered prima facie evidence of rat infestation.
Owner: Any owner, occupant, lessee, agent, operator, partnership, corporation or any other person or persons in custody of the premises as defined herein.
Premises: All buildings, land area, foliage, fences or other appurtenances found on any given piece of property.
Rat: Any of the domestic rodents order Rodentia, family Muridae. genus Rattus, subspecies Norwegicus or Rattus, Alexandrinus or Frugivorus.
Rat feeding: Any condition which provides food for rats, including but not limited to stored food, garbage, pet food, wild bird feed, vegetable gardens and fruit trees.
Ratproofing: Changing structural details and sealing openings to prevent or render more difficult the entry of rats into buildings. (1971 L.M.C., ch. 48, § 1; 1972 L.M.C., ch. 16, § 13; 1981 L.M.C., ch. 4, § 1; 1995 L.M.C., ch. 13, § 1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
The director is authorized and directed to take such actions as are necessary to identify and eliminate rat infestations and to require the correction of conditions contributing to rat infestations.
(a) The director is hereby authorized and empowered to enter onto any property in the county for the purpose of making inspections to determine the existence of a rat infestation. Prior to such inspection, the director shall give notice either orally or in writing of his intention to conduct an inspection and obtain the consent of the owner to the inspection. The director is empowered to enter property for inspection without prior notice where an emergency exists or the property is open to the public.
(b) If the owner refuses to consent to such inspection, the director shall, prior to any entry or inspection, obtain a warrant for such inspection. The warrant shall be obtained by a written application, signed and sworn to by the director, setting forth the purpose of the inspection and the address or location of the dwelling or property to be inspected. When, upon such application, it shall appear to any judge of the circuit court of Montgomery County or to any judge of the district court for Montgomery County or to any commissioner of Montgomery County that there is probable cause to believe that there is a violation of any provision of this chapter, then such judge or commissioner may forthwith issue a warrant directed to the director authorizing him to enter and inspect such property. The warrant shall state that any inspection made thereunder shall be made within thirty (30) calendar days from the date of issuance thereof; and after the expiration of such thirty-day period, the warrant shall be void. (1971 L.M.C., ch. 48, § 1; 1972 L.M.C., ch. 16, § 5; 1981 L.M.C., ch. 4, § 1.)
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