A Rule and Regulation of the Board of Health to protect the public health, safety and general welfare by controlling the spread of bird borne diseases and infections associated with the insanitary conditions present wherever Asiatic vagrant pigeons and/or European starlings herein and hereafter referred to as nuisance birds are harbored, by requiring that certain structures shall be freed of nuisance birds by chemical means, by improving, repairing and maintaining said structures to discourage said birds from roosting or nesting, by the proper storage of food and feed, by eliminating certain conditions favoring the harborage of nuisance birds, and by providing penalties for the violation thereof.
   WHEREAS, the Toledo District Board of Health has declared nuisance birds a public health nuisance, now, therefore, be it resolved by the Board of Health of the City of Toledo:
   SECTION 1: For the purpose of this regulation certain terms are herewith defined:
   SECTION 1.1: The term "nuisance bird" or "nuisance birds" shall mean only Asiatic pigeons, other than homing pigeons, and European starlings,
   SECTION 1.2: The term "approved" shall mean that which the Health Commissioner by rule and/or regulation designates acceptable as a device, apparatus or method which by demonstration and/or test has proven workable for its intended use;
   SECTION 1.3: The term "building" shall mean any structure, whether vacant or occupied, whether public or private, that is adapted for occupancy, for transaction of business, for rendering of professional service, for amusement, for the performance of work or labor, including, but not limited to, hotels, apartment buildings, tenement houses, rooming houses, office buildings, public buildings, private residences, stores, theatres, markets, restaurants, grain elevators, abattoirs, warehouses, workshops, factories, outhouses, sheds, barns, and all other structures or premises;
   SECTION 1.4: The term "birdproof" or "birdproofing" applies to a form of construction which will prevent the ingress or egress of birds to or from a given space or building or gaining access to food, water, or harborage. It consists of the closing and keeping closed by use of wire mesh, glass, or other approved building materials or other means approved by the Health Commissioner, and not in conflict with the City of Toledo Building Code, of every opening in an exterior building wall that may be reached by nuisance birds;
   SECTION 1.5: The term "bird harborage" shall mean any condition under which Asiatic pigeons, other than homing pigeons, or European starlings may find shelter or protection;
   SECTION 1.6: The term "Commissioner" shall mean the Commissioner of Health of the City of Toledo, or his authorized representative;
   SECTION 1.7: The term "nuisance bird elimination" shall mean the elimination of nuisance birds by any approved measures, but not limited to, such as poisoning, fumigation, trapping, etc. for the control of the public health nuisance created by nuisance birds;
   SECTION 1.8: The term "owner" shall mean the actual owner or owners of buildings as defined in Section 1.3 of this Regulation, and unimproved real estate whether individual, governmental, partnership, or corporation, or officer, employee or agent thereof, or any person or persons who shall be in actual possession of, or have charge, care, or control of any building, and/or unimproved real estate within the city, as executor, administrator, trustee, guardian or agent. Such person or persons shall be found to comply with the provision of this Regulation, and notice to the owner, as defined herein, of any order or decision of the Commissioner of Health shall be deemed and taken to be a good and sufficient notice;
   SECTION 1.9: The term "pest control operator" shall mean only exterminators licensed and bonded as provided in Ohio R.C. Chapter 921 as now in effect or as may hereafter be amended;
   SECTION 1.10: The term "food" and "foodstuffs" is intended to include, besides human food, grain and other feed for animals or fowl;
   SECTION 2: All food or grain shall be stored and handled in a manner or method approved by the Commissioner;
   SECTION 3: Whenever the Commissioner deems it necessary to eliminate within and/or without buildings bird harborage conditions, he may require the owner or owners thereof to immediately institute nuisance bird elimination through a pest control operator and shall continuously maintain such measures until such premises are declared by the Commissioner to be free of nuisance bird infestation and nuisance bird debris and the Commissioner shall require the said owner or owners to birdproof said premises;
   SECTION 4: No building or part thereof shall be used as a place where food or foodstuffs is stored, processed, prepared or manufactured, sold or offered for sale unless such building or part thereof is free from vermin and bird harborage;
   SECTION 5: It shall be unlawful for any owner, contractor, public utility, or any other person in making alterations, additions, extensions, enlargements, or repairs of buildings, or in making installations of wires, any conduits, pipes or other installations, or for any other purpose, to remove and fail to restore in like condition the birdproofing from any building;
   SECTION 6: Prior to entering into a contract that requires the use of avicides or bird repelling chemicals, the pest control operator shall make application to the Commissioner on a form provided by him and no use of avicides or bird repelling chemicals shall be instituted until the Commissioner of Health has given his approval for such use in writing;
   SECTION 7: All toxic chemical formulations used for bird elimination or as a repellant shall have been registered with the United States Department of Agriculture under the Insecticide and Rodenticide Act as amended. Said chemicals shall be used in compliance with the findings of the United States Department of Agriculture and the directions for proper use as provided on the registered label. No other toxic chemical formulations or concoctions shall be used as an avicide or bird repellant without the written consent of the Commissioner;
   SECTION 8: Whenever chemical control measures for bird elimination or as a repellant are necessary, all precautions to protect the safety of humans, pets and wildlife shall be taken;
   SECTION 9: The Commissioner is hereby empowered to promulgate and enforce all reasonable rules and regulations for carrying out the purpose and intent of this regulation;
   SECTION 10: Enforcement - This rule and regulation shall be enforced by the Health Commissioner in accordance with Section 3707.48 of the Revised Code of the State of Ohio which reads: "No person shall violate Sections 3707.01 to 3707.05 inclusive of the Revised Code, or any order or regulation of the Board of Health of a city or general health district made in pursuance thereof, obstruct or interfere with the execution of such order, or willfully or illegally omit to obey such order";
   SECTION 11: Penalties - Each and every violation of this rule and regulation shall constitute a separate offense. Violation of this rule and regulation is punishable by Section 3707.99 of the Revised Code of the State of Ohio, which states: "Whoever violates Section 3707.48 or 3707.50 of the Revised Code shall be fined not more than One Hundred Dollars ($100.00) or imprisoned not more than ninety (90) days, or both. No person shall be imprisoned under this section for the first offense, and the prosecution shall always be as and for a first offense unless the affidavit upon which the prosecution is instituted contains the allegation the offense is a second or repeated offense";
   SECTION 12: Repeal clause - All rules and regulations or parts of rules and regulations in conflict herewith are hereby repealed to the extent of such conflict only;
   SECTION 13: Savings clause - If any section, subsection, sentence, clause or phrase of this rule and regulation is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this rule and regulation shall not be affected thereby;
   SECTION 14: For the reason stated in the preamble hereto, which is made a part hereof, this regulation is declared to be an emergency measure and shall take effect and be in force upon its adoption.
   Adopted as emergency measure, Toledo District Board of Health, October 13, 1964.
W. N. Thomas, President
L. H. Lewandowski, Secretary,
Toledo District Board of Health.