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HomeMy WebLinkAboutOrdinance 5201 ORDINANCE No. 5201 AN ORDINANCE REGULATING PEST CONTROL OPERATORS IN THE CITY; DEFINING TERMS; CREATING AN ADVISORY EFT. IAL RECORD COMMITTEE AND PRESCRIBING ITS DUTIES AND TERM OF SECRETARY OFFICE; PROVIDING FOR THE LICENSING OF OPERATORS; ANDENUMERATING GROUNDS THEREFOR;N; MAKING PROVIDINNSE GAFOR LE WORTH, TEX. EXAMINATION AND LICENSE FEES; EXEMPTING CERTAIN OPERATORS FROM EXAMINATION; REQUIRING CERTAIN REC- ORDS TO BE KEPT; PROVIDING A PENALTY FOR THE VIO- LATION HEREOF; PROVIDING FOR INSTITUTION OF PRO- CEEDINGS TO OBTAIN INJUKCTIVE OR OTHER RELIEF; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDI- NANCES REGULATING PEST CONTROL OPERATIONS; PRO- VIDING A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. This ordinance shall be known as the "PEST CONTROL OPERATOR'S LICENSING ORDINANCE." SECTION 2. DEFINITIONS: For the purpose of this ordinance the following words shall have the following meanings: (a) "Pest Control Operator." Any person, associa- tion, partnership, firm or corporation that engages in, supervises or controls the business of using or employing insecticides, rodenticides, fumigants, fungicides or other substances or who uses or employs the same on premises not owned or occupied by him, for the control, exterminibion or destruction of insects, vermin, rodents, termites, fungi or similar pests which affect plants, shrubs, trees, vines, lawns, buildings or other structures, or in the fumigation of any building or structure in the city. (b) "Applicant." Any person, association, partner- ship, firm or corporation that applies to the Director of Public Health of the City for a pest control operator's license. (c) "Employee." Any person who actually performs under the supervision and control of a licensed pest control operator the function of applying insecticides, rodenticides, fumigants or fungicides at the residence or place of busi- ness of a customer, and who receives a salary or wages in the service of a licensed pest control operator. (d) "Licensee." Any person, association, partnership, firm or corporation that holds a valid pest control operator's license issued by the City pursuant to this ordinance. (e) "Insecticide." Any substance, not a fumigant, used for the destruction or control of insects, vermin, fungi or other similar pests. (f) "Fumigant." 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 or domestic animals, which is used for the pur- pose of controlling the increase of or destroying insects, vermin, rodents, termites, fungi or any other similar pests; provided, however, that calcium cyanide, when used as a spot fumigant in enclosed spaces and in such minimal quan- tities 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. (g) "Fungicide." Any substance that destroys fungi or inhibits the growth of the spores or hyphae. (h) "Rodenticide." Any substance not a fumigant which is used for the destruction or control of rodents. SECTION 3. The following persons are specifically exempted from the provisions of this ordinance: - 2 - (a) Employees who actually perform the service of applying the substance, set forth in Section 2 hereof, at the residence or place of business of the customer, if such employee performs such services as the agent of and under the supervision and control of an employer licensed under this ordinance. (b) Persons employed by any agency of the Federal Government, the State of Texas, the County of Tarrant, or the City of Fort Worth, engaged in any work of insect or pest control or extermination as part of their official duties or employment. (c) Persons doing insect or fungi control work in buildings or on premises owned or occupied by them. (d) Persons doing pest control work as a part of their employment who perform such work solely on the premises of the person, firm or corporation by whom they are employed and who do not engage in the occupation of a pest control operator as herein defined, provided, that this exemption shall not apply to transient or part time employees nor to premises which the Director of the Department of Public Health finds to be of such a nature that the Public Health and Welfare -would in reasonable probability be jeopardized by reason of such exemption. SECTION 4. I-, shall be the duty of the Director of the Department of Public Health to enforce the provisions of this ordinance, with the assistance of the Police, Fire and Legal Departments, as requested by him. The Director is hereby authorized, empowered and directed to prescribe, amend and enforce rules and regulations consistent with this ordinance for the enforcement and administration hereof and for the examination 3 and licensing of Pest Control Operators under the authority of, and in accordance with, the provisions of this ordinance. SECTION 5. There is hereby created a Pest Control Licensing Advisory Committee, which shall consist of the following persons: (a) Two licensed pest control operators, or their representatives designated pursuant to Section 8 herein— below, specializing in horticultural pest control, who shall be appointed by the City Council; (b) Two licensed pest control operators, or their representatives designated pursuant to Section 8 herein— below, specializing in residential and commercial pest control, who shall be appointed by the City Council; (c) one representative of the Department of Public Health, who shall be appointed by the Director of the De— part-nent of Public Health. (d) One representative of the Park and Recreation Department, who shall be appointed by the Director of the Park and Recreation Department. To be eligible for appointment to the Advisory Committee, a Pest Control Operator shall have had five or more years of experience in the pest control business and shall be a bona fide resident of the City. All members of the Advisory Committee shall serve without pay. The first Advisory Committee appointed shall consist of two operator members who shall serve for a term of one year and two operator members who shall serve for a term of two years. Thereafter, each operator member shall serve for a term of two years, or until his successor is appointed. The department representatives shall serve at the pleasure of the respective department directors. 4 The Advisory Committee shall advise the Director of the Department of Public Health on matters pertaining to pest control operations within the City and shall furnish recommendations to him and to the City Council pertinent to the successful operation and enforcement of this ordinance. SECTION 6. The Director of the Department of Public Health is hereby authorized and directed to prescribe the form of license to be issued to Pest Con- trol Operators. The Director, with the advice of the Advisory Committee, shall prescribe the questions to be used in examinations of applicants for licenses, shall schedule dates for examinations and shall prescribe rules for conducting such examinations. The questions on the examina- tions shall be framed so as to constitute a reasonable examination cover- ing the field of pest control and so as to enable the Director to deter- mine the fitness, competence and qualifications of the applicant to en- gage in the business, trade or calling of Pest Control Operator, pro- vided that the Director shall distinguish in the prescribed examination and in the form of license between pest control operators specializing in horticultural pest control and those specializing in house and com- mercial building pest control. SECTION 7. In order to be eligible for a license, an applicant must make a passing grade on the written examination prepared in accordance with the provisions of Section 6 above. In addition, the applicant shall fur- nish to the Director of the Department of Public Health the following: (a) A certificate evidencing the fact that there is in effect, for the term of his license, a public lia- bility and property damage insurance policy covering the operations of the applicant person, firm, partnership, as- sociation or corporation, issued by a company authorized - 5 - to do business in the State of Texas, which policy shall be in the principal sum of not less than W10,000.00 for in— fury to any one person, �20,000.00 for any one accident and "P'10,000.00 property damage, together with a certificate from the insurance carrier certifying that it will give ten days advance written notification to the City in the event that it determines to cancel the policy. (b) A written statement, verified by the applicant, that he and each of his employees are trained in the safe handling of poisonous materials for the protection of the public and themselves. The Director shall satisfy himself as to the veracity and correctness of such written state— :dent and may require that the employees of the applicant appear and submit to examination to determine their quali— fications and fitness. (c) An application, in form prescribed by the Director, stating; (1) The name of the applicant. (2) The name or names under which business is to be conducted. (3) The permanent address of the applicant. (4) The address or addresses of places of business in the City. (5) If a partnership or association of persons, the names and addresses of all partners or associates. (6) If a corporation, the names and addresses of its current officers. (d) If the applicant is a corporation, a certified copy of its charter. 6 (e) A sworn statement by the applicant that he has not been finally convicted of a crime involving moral tur— pitude within five years immediately preceding the date of his application. SECTION 8. The Director of the Department of Public Health shall issue licenses to all applicants who qualify for same by examination and by compliance with the provisions of Section 7; provided, that: (a) If the applicant is a partnership or associa— tion, it shall designate one of its partners or associa— tes to be its responsible natural person. If such per— son satisfactorily passes the prescribed examination and complies with the provisions of Section 7, a license shall issue in the name of the partnership or association, naming therein the designated partner or associate and all other partners or associates. (b) If the applicant is a corporation, it shall designate one or more of its officers, managers or super— visors to be its responsible natural person or persons. If such person or persons satisfactorily passes the pre— scribed examination and complies with the provisions of Section 7, a license shall issue in the name of the corpo— ration, naming therein such person or persons and all other officers of the corporation. T e designated partner, associate or officer shall serve the part— nership or corporation in a permanent, full—time capacity. SECTION g. Licenses shall not be transferable, but the license of a partner— ship, association or corporation shall qualify such. partnership, asso- - 7 - niatio- or corporation to engage in the pest control business only if the partner, associate, officer, manager or supervisor designated in compliance with Section 8 is engaged in the pest control business ex— clusively by and through the licensee. Should the designated parter, associate, officer, manager or supervisor terminate his relationship with such partnership, association OJT corporation, the license shall be suspended until such time as another partner, associate, officer, manager or supervisor, as the case may be, has satisfactorily passed the prescribed examination and has complied with the provisions of Sec— tion 7, provided, that the Director of the Department of Public Health shall have the authority to issue a temporary license to another desig— nated partner, associate, officer, manager or supervisor of the part— nership, association or corporation, effective until the next examina— tion for applicants for licenses is given. SECTION 10. The Director of the Department of Public Health of the City shall have power to revoke any license issued hereunder if the same was ob— tained through error or fraud, or if the recipient thereof is shown to be incompetent, or shall have willfully, negligently or arbitrarily violated any provision of this ordinance, or any rules or regulations of the Department of Public Health or any law of the State of Texas or of the Federal Government regulating the use of the chemical substances or compounds set forth in Section 2 hereof; provided that before any license shall be revoked the holder thereof shall have written notice enumerating the charges against him and shall be given a hearing before the Director at a time and place specified in said notice, which time shall be not less than twenty (20) days nor more than forty (40) days after the service thereof. Any person whose license has been revoked may, after the expiration of one year from the date of such revocation, but not before, apply for a new license. Specifically, but not by way of limitation, included in the grounds for which the Director may revoke or suspend a license granted under the provisions hereof are the following: — 8 — (a) The fact that the license was obtained through error or fraud, including a misrepresentation of any ma- terial fact on the application for a license. (b) Failure to pay a fine which may be assessed un- der this ordinance by the Corporation Court of the City within ten (10) days after the judgment of conviction be- comes final. (c) Violation of any provision of this ordinance or of any law, rule or regulation promulgated or enacted by any authorized governmental agency concerning the use of insecticides, rodenticides, fumigants, fungicides or simi- lar substances. (d) Permitting any person who is not an officer, partner, or bona fide employee to use the name or license of the licensed Pest Control Operator. (e) Permitting env person who is not an officer, partner, or bona fide employee of a licensed Pest Control Operator to use the equipment of the licensee. O Failure to maintain a permanent business address and/or a telephone listed under the business name of the Pest Control Operator as it appears on the license. (g) The commission of any act or acts by the licensee or his agent, which would be grounds for refusal of a license under the terms of this ordinance. The failure to pay a license or renewal fee and the failure to maintain the insurance required by this ordinance shall constitute grounds for immediate revocation of a license without hearing. SECTION 11. A fee of Twenty-Five Dollars (�25.00) shall be paid to the City by each applicant prior to the time that he is permitted to take the examination for applicants in accordance with the terms of this ordi- - a - l nance; provided, that an applicant for a license permitting, both horti— cultural pest control operations and house and building pest control operations shall pay a fee of Fifty Dollars ($50.00). In addition to such examination fee, an annual license fee of Twenty Five Dollars ($25.00) shall be paid by each licensee, together with an annual fee of Five Dollars (:'p5.00) for each vehicle operated in the City of sort Worth by such licensee in its spraying, fumigating or other pest control oper— ations; provided, that only one annual fee of Five Dollars 05.00) shall be payable for any one vehicle, regardless of whether it be used by a licensee qualifying in both horticultural pest control operations and house and commercial building pest control operations. SECTIO14 12. Licenses shall be issued for one year and shall be renewed annually on or before October 1, upon payment of the requi_ed fee. In the case of failure to renew a license on or before October 1, in any year, the licensee -may, within sixty (60) days thereafter, upon payment of the required fee and a deferred renewal fee of Ten Dollars ($10.00), receive a deferred renewal thereof which shall expire on the ensuing 30th day of September, but such renewed license shall not make its holder a licensee for any period preceding; its issuance. If such license is not renewed in the manner and time above provided, the holder of the expired. license shall be required to take the examination and pay the fee herein provided for first applicants. SECTION 13. Any person who has been engaged in the insect, fungi or pest control business for a period of at leas-, two years, at least one year of which shall have been -,qitj*jjn the City, immediately preceding the effective date of this ordinance may, within one hundred and twenty (120) days thereafter, procure a license as a Pest Control Operator without examina- - 10 — tion, upon submitting to the Director of the Department of Public Health an application signed and sworn to by the applicant, establishing the fact that the applicant meets the qualifications required by this ordi— nance for obtaining a license, without taking the examination provided for herein. SECTION 14. It shall be unlawful for any person not specifically exempted from the provisions of this ordinance to engage in, work at, or conduct or offer to engage in, work at, or conduct the business of Pest Control Operator in the City unless such person is the holder of a valid Pest Control Operator's license from the City, or unless such person is a bona fide employee of a licensed Pest Control Operator. It shall be unlawful for any partnership, corporation, firm, or association not specifically exempted from the provisions of this ordinance to engage in, work at, or conduct or offer to engage in, work at, or conduct the business of Pest Control Operator in the City unless such partnership, corporation, firm, or association is the holder of a valid Pest Control Operator's license from the City. It shall be unlawful for any holder of a Pest Control Operator's license to permit such license to be utilized in any way by any person who is not an officer, partner, or bona fide employee of the holder of the license. It shall be unlawful for any person or partnership, corporation, firm or association who engages in any of the activities of pest control operator as defined herein, to use any emblem, badge, sign or distinc— tive symbol in the conduct of pest control operations which resembles any official emblem, badge, sign or distinctive symbol of the City of Fort Worth or any public agency, and it shall be unlawful for any em— ployee of a pest control operator to represent himself as an employee, agent or official representative of the City of Fort 'Jorth or any public — 11 — agency in the conduct of his business as a pest control operator. SECTION 15. Each licensee hereunder shall display his license in his main place of business and shall have the firm's name and address, together with the letters "FWPCL No." followed by the license number prominently and permanently displayed on each side of each service vehicle operated by the licensee in his business. Such information also shall be plainly printed upon any and all written contracts, receipts, invoices or other bills of account provided by the licensee to his customers; provided that if such requirement shall work undue hardship upon the licensee, such licensee may be exempted from same by the Director of the Department of Public Health upon written application and proof of such hardship. SECTION 16. Each pest control operator shall keep at his place of business accurate records which reflect the chemical components of all mixtures, compounds, gases or other substances used in any pest control, ex- termination or fumigation work, and all methods of operation for use, and all equipment used in pest control, exterminating or fumigating work, together with a list of the addresses and the names of the owners of all places where such compounds, gases, equipment and methods have been used in the conduct of such business. Such records shall be open and available to inspection during all reasonable business hours by the Director of the Department of Public Health or his designated representative. Each pest control operator shall furnish to the Director a list of the chemical components of all mixtures, compounds, gases or other substances used in any pest control, extermination or fumigation work and methods and equipment used, and shall thereafter supplement and amend such list at any time that other or different chemical compon- - 12 ants, equipment or methods are used by the licensee. At any time any of the information required by any provision of this ordinance is changed relative to any pest control operator, he shall immediately notify the Director of the Department of Public Health of such change. All of the information furnished to or made available to the Director of the De— partment of Public Health in accordance with this Section shall be deemed confidential and shall be kept in strict confidence by the Director. SECTION 17. Any person, firm, corporation, association or partnership violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Two Hundred Dollars ($200.00), and each and every day such violation shall continue shall constitute a distinct and separate offense. This penalty shall be in addition to any other penalties or provisions of this ordinance. SECTION 18. The use of any mixtures, compounds, Zases or other stfostances in any pest control, extermination or fumigation work or the possession of the same in a dangerous state or quantity in violation of this ordinance is hereby declared to be a nuisance. Not withstanding any penal pro— vision of this ordinance, the City Attorney is authorized to institute any appropriate action or proceedings on behalf of the City of Fort Worth for such injunctive or other relief as may be necessary to pre— vent the unlawful use of such mixtures, compounds, gases or other sub— stances, or to enforce any of the provisions of this ordinance. SECTION 19. Should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same — 13 — shall not affect the validity of this ordinance as a -,;hole or any part thereof other than the part so declared to be invalid. SECTION 20. This ordinance shall repeal every prior ordinance in conflict here-with, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby -made cumulative. SECTION 21. This ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law. "0" TO FOR14 AND LEC—AT!TY: e-, City Attorney ORDINANCE Adopted ...�,s - . r . Final Adoption _:Published Filed ay of a , 19 '.rtJ City Secre'tart' r.: