Title 7 - Health and Sanitation

7.32 Rat Control

Contents:

7.32.010 Definitions.

For the purposes of this chapter the following definitions shall apply:

  1. A.
    Administrator means the Administrator, Environmental Health, or his\her designee.

Effective on: 1/1/1901

  1. B.
    Business buildings means any structure, whether public or private that is adapted for occupancy for transaction of business, for rendering of professional service, for amusement, for the display, sale or storage of goods, wares, or merchandise, or for the performance of work or labor, including hotels, apartment buildings, tenement houses, rooming houses, office buildings, public buildings, stores, theaters, markets, restaurants, grain elevators, abattoirs, warehouses, workshops, factories, and all outhouses, sheds, barns, and other structures on premises used for business purposes;

Effective on: 1/1/1901

  1. C.
    Occupant means any person who, alone or jointly or severally with others, shall be in actual possession of any improved real property, either as owner or as a tenant, either with or without the consent of the owner thereof.

Effective on: 1/1/1901

  1. D.
    Owner means any person who, alone or jointly or severally with others, has legal title to, or sufficient proprietary interest in, or has charge, care or control of any improved real property, as title holder, as employee or agent of the title holder, or as landlord or manager or as trustee or guardian of the estate or person of the title holder.

Effective on: 1/1/1901

  1. E.
    Rat eradication means the elimination or extermination of rats within buildings by any or all of the accepted measures, such as: poisoning, fumigation, or trapping;

Effective on: 1/1/1901

  1. F.
    Rat harborage means any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under, or outside of any structure;

Effective on: 1/1/1901

  1. G.
    Rat proofing as used in this chapter applies to a form of construction to prevent the ingress of rats into business buildings from the exterior, or from one business building or establishment to another. It consists essentially of treatment with material impervious to rat gnawing, all actual or potential openings, in exterior walls, ground or first floors, basements, roofs and foundations, that may be reached by climbing or by burrowing.

(History: Ord. RAT-1715 §1, 91; RAT-418 §1, 67)

Effective on: 1/1/1901

7.32.020 Ratproofing Business Buildings Required.

It is required that all business buildings in the City shall be rat-proof, freed of rats, and maintained in a rat-proof and rat-free condition to the satisfaction of the Administrator.

(History: Ord. RAT-1715 §2, 91; RAT-418 §2, 67)

Effective on: 1/1/1901

7.32.030 Compliance with Notice to Ratproof Required.

Upon receipt of a written notice or order from the Administrator, the owner of any business building specified therein shall take immediate measures for rat proofing the building, and unless the work and improvements have been completed by the owner in the time specified in the written notice, or within the time to which a written extension may have been granted by the Administrator, then the owner shall be deemed guilty of an offense under the provisions of these regulations.

(History: Ord. RAT-1715 §3, 91; RAT-418 §3, 67)

Effective on: 1/1/1901

7.32.040 Time Period Allowed for Compliance with Ratproofing Notice.

Whenever the Administrator gives a written notice to the occupant of a business building that there is evidence of rat infestation of the building, the occupant shall, upon receipt or posting of that notice, immediately institute rat-eradication measures and shall continuously maintain such measures in a satisfactory manner until the premises is declared by the Administrator to be free of rat infestation.

(History: Ord. RAT-1715 §4, 91; RAT-418 §4, 67)

Effective on: 1/1/1901

7.32.050 Maintenance of Ratproof Conditions.

The owners of all rat proofed business buildings are required to maintain the premises in a rat proof condition and to repair all breaks or leaks that may occur in the rat proofing without a specific order of the Administrator.

(History: Ord. RAT-1715 §5, 91; RAT-418 §5, 67)

Effective on: 1/1/1901

7.36.060 Inspections.

The Administrator is empowered to make routine, administrative inspections of the interior and exterior of business buildings to determine evidence of rat infestation and the existence of new breaks in their rat proofing and, when any evidence is found indicating the presence of rats or openings through which rats may again enter business buildings, require the owners or occupants to abate the conditions found.

(History: Ord. RAT-1715 §6, 91; RAT-418 §6, 67)

Effective on: 1/1/1901

7.32.070 Closing Business for Conditions Conducive to Rat Harborage.

Whenever conditions inside or under occupied businesses, in the opinion of the Administrator, provide extensive harborage for rats, the Administrator is empowered, after due notification in accordance with 7.32.030, to close such business buildings until such time as the conditions are abated by rat proofing and harborage removal, including if necessary, the installation of suitable concrete floors in basements or replacement of wooden first or ground floors with concrete or other major repairs necessary to facilitate rat eradication.

(History: Ord. RAT-1715 §7, 91; RAT-418 §7, 67)

Effective on: 1/1/1901

7.32.080 Condemnation and Destruction of Noncomplying Buildings.

Whenever conditions inside or under unoccupied business buildings, in the opinion of the Administrator, provide extensive harborage for rats the Administrator is empowered to require compliance with the provisions of 7.32.030, and, in the event that the conditions are not corrected in a period of 60 days, or within the time to which a written extension may have been granted by the Administrator, the Administrator is empowered to institute condemnation and destruction proceedings.

(History: Ord. RAT-1715 §8, 91; RAT-418 §8, 67)

Effective on: 1/1/1901

7.32.090 Failure to Restore Ratproof Condition or to Leave Openings.

It is unlawful under the provisions of this chapter for the occupant, owner, contractor, public utility company, plumber, or any other person to remove and fail to restore in like condition the ratproofing from any business building for any purpose. Further, it is unlawful for any person or agent to make any new openings that are not closed or sealed against the entrance of rats.

(History: Ord. RAT-418 §9, 67)

Effective on: 1/1/1901

7.32.100 Structures to Conform to Regulations.

It is unlawful for any person to construct, repair, or remodel any building, dwelling, stable, or market, or other structure whatsoever, unless such construction, repair, remodeling or installation renders the building or other structure rat proof in accordance with the regulations prescribed in this chapter. The provisions of this section apply only to such construction, repairs, remodeling, or installation that affects the rat proof condition of any building or other structure.

(History: Ord. RAT-1715 §9, 91; RAT-418 §10, 67)

Effective on: 1/1/1901

7.32.110 Conformance with Regulations Where Foodstuffs Are Handled.

It is unlawful for any person to occupy any new or existing business buildings wherein foodstuffs are to be stored, kept, handled, sold, held, or offered for sale without complying with 7.32.100; and unless the provisions of this section are complied with, no City license or permit to conduct or carry on such business as defined in this chapter will be issued.

(History: Ord. RAT-1715 §10, 91; RAT-418 §11, 67)

Effective on: 1/1/1901

7.32.120 Storage of Food and Feed.

  1. A.
    All food and feed within the City for feeding chickens, cows, pigs, horses, and other animals shall be stored in rat-free and ratproof containers, compartments, or rooms unless stored in a ratproof building.
  2. B.
    The provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD and that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. RAT-2723 §1, 2008; RAT-418 §12, 67)

Effective on: 1/1/1901

7.32.130 Storage of Refuse.

  1. A.
    Within the corporate limits of the City, all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in covered metal containers of a type prescribed by the Administrator. It is further unlawful for any person to dump or place on any premises, land, or waterway, any dead animals, or any waste vegetation or animal matter of any kind.
  2. B.
    The provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. RAT-2724 §1, 2008; RAT-1715 §11, 91; RAT-418 §13, 67)

Effective on: 1/1/1901

7.32.140 Accumulations of Garbage.

  1. A.
    It is unlawful for any person to place, leave, dump, or permit to accumulate any solid waste, including, without limitation, any garbage, rubbish, or trash in any building or on any premises, improved or vacant, or on any open lot or alley in the City so that same shall or may afford food or harborage for rats.
  2. B.
    The provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. RAT-2725 §1, 2008; RAT-1715 §12, 91; RAT-418 §14, 67)

Effective on: 1/1/1901

7.32.150 Storage of Lumber, Bottles and Related Materials.

  1. A.
    It is unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any open lot or alley in the City any lumber, boxes, barrels, bottles, cans, containers, or similar materials that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less than 18 inches above the ground, and evenly piled or stacked, if the Administrator determines that said accumulation is susceptible to rat harborage or rodent activity.
  2. B.
    The provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. RAT-2726 §1, 2008; RAT-1715 §13, 91; RAT-418 §15, 67)

Effective on: 1/1/1901

7.32.160 Violation - Penalty.

Any person, firm or corporation who violates any provision or provisions of this chapter is guilty of a public offense and upon conviction shall be punished as provided in Section 1.12.010.

(History: Amended during codification in accordance with K.S.A. 12-3015: Ord. RAT-418 §16, 67)

Effective on: 1/1/1901