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HomeMy WebLinkAboutOrdinance 6918 ORDINANCE N0, C-?116 AN ORDINANCE REGULATING PEST CONTROL OPERATORS IN THE CITY BY AMENDING CHAPTER 27A OF THE FORT WORTH CITY CODE (1964) , AS AMENDED, AND AMEND- ING ORDINANCE NO, 5201; DELETING THE REQUIRE- MENT FOR A LICENSE EXAMINATION; PROVIDING THAT A VALID STATE LICENSE SHALL BE A PREREQUISITE FOR A CITY LICENSE; DEFINING TERMS; CREATING AN ADVISORY COMMITTEE AND PRESCRIBING ITS DUTIES AND TERM OF OFFICE; PROVIDING FOR THE LICENSING OF OPERATORS; MAKING LICENSE RE- VOCABLE AND ENUMERATING GROUNDS THEREFOR; PRO- VIDING FOR LICENSE FEES; REQUIRING CERTAIN RECORDS TO BE KEPT; PROVIDING A PENALTY FOR THE VIOLATION HEREOF; PROVIDING FOR INSTITUTION OF PROCEEDINGS TO OBTAIN INJUNCTIVE OR OTHER RELIEF; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES REGULATING PEST CONTROL OPERA- TIONS; PROVIDING A SEVERABILITY CLAUSE; AND PRO- VIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION ONE That Ordinance No. 5201 and Chapter 27A of the Fort Worth City Code, (1964) as amended, is hereby further amended, and after being so amended same shall hereafter read as follows: SECTION 1, This ordinance shall be known as the "PEST CONTROL OPER- ATOR'S LICENSING ORDINANCE, " SECTION 2e DEFINITIONS: For the purpose of this ordinance the following words shall have the following meanings: (a) "Pest Control Operator, " Any person, association, partnership, firm or corporation that engages in, supervises or controls the business of using or employing insecticides, rodenticides, fumi- gants, fungicides or other substances or who uses or employs the same on premises not owned or occupied by him, for the control, extermination 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 fumi- gation of any building or structure in the city® (b) "Applicant. " Any person, association, part- nership, firm or corporation that applies to the Direc- tor 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 business of a customer, and who receives a salary or wages in the service of a licensed pest con- trol operator® (d) "Licensee. " Any person, association, part- nership, 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 fumi- gant, used for the destruction or control of insects, vermin, fungi or other similar pests. (f) "Fumigant. " Any substance which by itself -2- 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 purpose 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 en- closed spaces and in such minimal quantities 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: (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 in- -3- sect 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 occupa- tion of a pest control operator as herein defined, pro- vided, that this exemption shall not apply to transient or part time employees nor to premises which the Direc- tor 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® It 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, em- powered and directed to prescribe, amend and enforce rules and regulations consistent with this ordinance for the en- forcement and administration hereof® SECTION 5® There is hereby created, a Pest Control Licensing Advi- sory Committee, which shall consist of the following per- sons: -4- (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- partment 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 Commit- tee 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 opera- for 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. The Advisory Committee shall advise the Director of the Department of Public Health on matters pertaining to pest con- -5- trol operations within the City and shall furnish recommenda- tions to him and to the City Council pertinent to the success- ful 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 Control Operators, The Direc- tor shall distinguish in the prescribed license between pest control operators specializing in horticultural pest control and those specializing in house and commercial building pest control® SECTION 7® In order to be eligible for a license from the city of Fort Worth, an applicant must first have satisfied his licensing requirements of the State of Texas and be the holder of a valid State license® in addition, the applicant shall furnish 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, association or corporation, issued by a company author- ized to do business in the State of Texas, which policy shall be in the principal sum of not less than $10,000. 00 for injury to any one person, $20,000.00 for any one accident and $10,000.00 property damage, together with -6- 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 statement and may require that the employees of the applicant appear and submit to examination to deter- mine their qualifications 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® -7- (e) A sworn statement by the applicant that he has not been finally convicted of a crime involving moral turpitude 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 complies with the provisions of Section 7, a license shall issue in the name of the partnership or association, naming therein the desig- nated 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 comply with the provisions of Section 7, a license shall issue in the name of the corporation, naming therein such per- son or persons and all other officers of the corpora- tion. The designated partner, associate or officer shall serve the partnership or corporation in a permanent, full- -8- time capacity. SECTION 9. Licenses shall not be transferable, but the license of a partnership, association or corporation shall qualify such partnership, association 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 exclusively by and through the licensee. Should the designated partner, asso- ciate, officer, manager or supervisor terminate his relation- ship with such partnership, association or corporation, the license shall be suspended until such time as another partner, associate, officer, manager or supervisor, as the case may be, has satisfactorily complied with the provisions of Section 7® 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 obtained 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 Depart- ment 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; pro- vided 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 -9- 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: (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 similar 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 any person who is not an officer, partner, or bona fide employee of a licensed Pest Control operator to use the equipment of the licensee, -10- (f) 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. (9) 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 for a license in accordance with the terms of this ordinance; provided, that an applicant for a license permitting both horticultural pest control opera- tions and house and building pest control operations shall pay a fee of Fifty Dollars ($50.00) ® in addition to such initial 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 ($5.00) for each vehicle operated in the City of Fort Worth by such licensee in its spraying, fumigating or other pest control operations; provided, that only one annual fee of Five Dollars ($5.00) shall be payable for any one vehicle, regardless of whether it be used by a licensee qualifying in both horticultural pest control opera- tions and house and commercial building pest control operations® _11- SECTION 12. Licenses shall be issued for one year and shall be re- newed annually on or before October 1, upon payment of the required, 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. SECTION 13. 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 con- duct 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 ordi- nance to engage in, work at, or conduct or offer to engage in, work at, or conduct the business of Pest Control Opera- tor in the City unless such partnership, corporation, firm, or association is the holder of a valid Pest Control Opera- tor's license from the City. It shall be unlawful for any holder of a Pest Control Operator's license to permit such -12- 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 distinctive symbol in the con- duct 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 employee of a pest control operator to represent himself as an employee, agent or official representative of the City of Fort worth or any public agency in the conduct of his business as a pest control operator. SECTION 14. 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 IIFWPCL 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 un- due 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. -13- SECTION TWO Any person, firm, corporation, association or partner- ship 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 con- tinue shall constitute a distinct and separate offense. This penalty shall be in addition to any other penalties or pro- visions of this ordinance® SECTION THREE The use of any mixtures, compounds, gases or other substances 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 provision 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 prevent the unlawful use of such mixtures, com- pounds, gases or other substances, or to enforce any of the provisions of this ordinance. SECTION FOUR Should any section, clause or provision of this ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared to be invalid. -15- SECTION FIVE This ordinance shall repeal every prior ordinance in conflict herewith, 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 SIX This ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law® APPROVED AS TO FORM AND LEGALITY: ADOPTED: EFFECT IVE; -16- City of Fort Worth, Texas &6e .mayor and Council Communication �oaaK DATE REFERENCE SUBJECT: PAGE Proposed BRADSHAW NUMBER p sed Amendments - 2 Z 9/24/73 G-2266 Pest Control Ordinance Iof On August 3, 1973, representatives of the pest control industry met with the City staff to request that the City abolish its regulation and inspection of pest control operators. This request was made be- cause the State adopted a regulatory statute for pest control operators in 1971 which is enforced by the State. The representatives of the pest control industry pointed out that both the State and the City required an examination, and that the City's present examination is outdated. It covers poisons no longer permitted to be used by the Federal government and does not cover new poisons which have been recently developed. The operators also pointed out that the City and the State collect license fees from the pest control operators. Background Information The Federal Pest Control Act requires states to submit a plan for the control of pest control operators otherwise, the Federal government will assume this responsibility. In the Act, it is stated that the Environmental Protection Agency has one year from October 1972 to set forth regulations and guidelines for states to follow in enforcing the licensing of pest control operators. The states then have two years in which to submit a plan to the Environmental Protection Agency for approval. To date, the State of Texas has not submitted its plan to the Environmental Protection Agency for approval. Texas state law presently requires the licensing of pest control operat- ors and requires all operators to take an examination for the State license. However, the only funding provided for the State Structural Pest Control Board is that which results from monies received from licensing of pest control operators. With this limited funding, it is doubtful if the State can employ enough staffing to effectively enforce the State law. Prior to the adoption of the present City ordinance, many citizens com- plained about unethical and/or incompetent pest control operators. This resulted in City Council adopting the present ordinance. Since the existing State law relative to pest control operators has not been approved by the Federal Government, and since there is some question as to the State's ability to adequately enforce its law, it is the staff's opinion that Fort Worth might again experience some problems with unethical and/or incompetent operators if the Fort Worth ordinance is repealed at this time. DATE REFERENCE SUBJECT: PAGE NUMBER Proposed Amendments - 9/24/73 G-2266 Pest .Control Ordinance _ off_ Pest Control, Advisory Committee Action The above ilit6tbation and the request from the Fort Worth Pest Control Industry was Presented to the Pest Control Advisory Committee established by the City Pest Control Ordinance for review and consideration. After reviewing this information, the Pest Control Advisory Committee recom- mended to the City Manager that the City of Fort Worth Pest Control Ordinance be amended to delete the requirement for a City examination. The Committee recommended that the remainder of the ordinance be re- tained until such time as the State plan is approved by the Environ- mental Protection Agency and put into operation in the State of Texas. This will assure the citizens of Fort Worth protection against incom- petent and/or unethical pest control operators, until the State regula- tions are approved and adequately enforced. As of this time it is not proposed that the fees for inspecting the pest control operators be eliminated. Presently there are 91 pest control operators working within the City of Fort Worth. The fees which they pay have amounted to approximately $5,500 per year for the past three years. These fees barely cover the City's cost for enforce- ment of the pest control ordinance, and therefore .it is not recommended that the fees be eliminated until such time as the City's ordinance might be repealed. The proposed amendment to the pest control ordinance will alleviate many of the concerns expressed by representatives of the pest control industry in the City of Fort Worth. When the State's pest control pro- gram has been approved by the Environmental Protection Agency and is adequately enforced within the State, the City should consider repeal- ing the City's pest control ordinance and let the State assume full responsibility for enforcement within the City of Fort Worth. Recommendation It is recommended that the City Council approve the amendment to the Pest Control Ordinance which has been prepared deleting the require- ment for an examination. RNL:cmc SUBMITTED BY: DISPOSITIo Y COUNCIL: PROCESSED BY APPROVED p OTHER (DESCRIBE) C B RIBE) 7 _e�(/(J' CG' / CITY SECRETARY .0 ecl ` Y V DATE CITY MANAGER