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HomeMy WebLinkAboutOrdinance 2181 ORDINANCE NO. v ar AN ORDINANCE PROVIDING FOR THE RAT-PROOFING OF ALL BUSINESS BUILDINGS, SUPERSTRUCTURES, STABLES, LOTS, OPEN AREAS, PREM- ISES, SIDEWALKS, STREETS AND ALLEYS; PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF; DECLARING AN EMERGENCY; DEFINING TERMS; PROVIDING A SAVING CLAUSE; AND REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. For the purpose of this ordinance the following definitions shall apply: (a) The term "business building'' shall mean any struc- ture, whether public or private, regardless of the type of material used in its construction, located within the boun- daries of the City of Fort Worth, that is adapted to the oc- cupancy for transaction of business, whether vacant or oc- cupied, for the rendering of professional services, for the display, sale or storage of goods, wares or merchandise, or for the performance of work or labor, including hotels, room- ing houses, beer taverns, office buildings, public buildings, churches, stores, markets, restaurants, grain elevators and abattoirs, warehouses, workshops and factories. (b) The term "opening" shall mean any opening in the foundation, sides or walls of any business building, includ- ing the roof, chimney, eaves, grills, windows, sidewalk grates and sidewalk elevators, through which a rat may enter. (c) The term "rat stoppage" means any feasible form of rat-proofing designed to prevent the ingress or egress of rats into or out of any business building. It is essentially the closing or protecting of all openings in exterior walls and foundations, or the grates in any sidewalk of business buildings, with rat-proofing materials installed in such a manner as to prevent rats from gaining entrance* (d) The term "rat harborage" shall mean any condition found to exist under which rats may find shelter or protec- tion, and shall include any defective construction which would permit the entrance of rats into any business building. (e) The term "premises" shall include all business build- ings, sheds, barns, garages, docks, grain elevators and abat- toirs, whether public or private, and any and all other struo- tunes used in connection with the operation of any business building as herein defined. (f) The term "person" shall include owner, occupant, agent, receiver, individual, partnership or corporation, or any other person in custody of any business building as here- in defined. SECTION 2. No person shall construct within the corporate limits of the City of Fort Worth, Texas, any business building unless such building is pro- vided with rat stoppage in accordance with the regulations prescribed in this ordinance. SECTION 3. The Director of the Department of Public Health and Welfare of the City of Fort Worth, or his representative, is authorized and directed to in- spect at frequent intervals, and to maintain strict surveillance over all existing business buildings for the purpose of determining any rat infesta- tion, and in the event any rat-infested business building is found to exist, to notify immediately, in writing, the person in custody of said building to protect said building by rat stoppage as herein provided, regardless of the need of the building for remodeling or repairs, and to take such measures as will make the building free from rats. The written notice shall specify the time, and in no event less than thirty (30) days, for completion.of such work and improvements. Failure to comply with such written notice within the time specified shall constitute a violation of this ordinance. SECTION k. The following regulations shall constitute minimum requirements in equipping a business building with rat stoppage: (a) The material shall be approved and the installa- tion supervised by the Director of the Department of Public Health and Welfare or his authorized representative. (b) Solid sheet metal, expanded metal and wire cloth used in the installation shall have a rust-resisting proteo tive coating of hot dip zinc galvanizing or equal. (c) All foundation wall ventilator openings shall be covered for their entire height and width with perforated sheet metal plates of a thickness not less than eighteen (18) gauge, or with expanded sheet metal of a thickness of not less than eighteen (18) gauge, or with cast iron grills or grates, or with any other material of sufficient strength and equal rat-resisting properties. The openings herein shall be small enough to prevent the ingress or egress of rats, and in no instance shall be larger than one-half (1/2) inch. (d) All foundation, exterior wall and roof openings, excluding doors, windows and those openings used for the purpose of ventilation and light, such as those openings around pipes, electric cables, conduits, openings due to deterioration or damage, broken masonry or concrete, or other openings which may allow the ingress or egress of rats, shall be protected by closing such openings with cement mortar, concrete or masonry, or close-fitting sheet metal, or suitable size pipe flanges, or other material with equal rat-resisting properties, which shall be securely fastened in place, (e) All exposed edges of the lower two (2) inches or more, if necessary, of wooden doors and door jambs serving as front, rear or side entrances into business buildings from the ground, basement or cellar floors, and other doors accessible to rats, shall be protected, if necessary, against the gnawing of rats by covering said doors and jambs with solid sheet metal of not less than twenty-four (24) gauge thickness. The same material shall be used on doorsilla or thresholds, or such doorsills or thresholds may be construct- ed of cement, stone, steel or cast iron. Doors, door jambs and sills of coal chutes and hatch- ways that are constructed of wood shall be covered with solid sheet metal of twenty-four (24) gauge or heavier or they may be replaced with metal chutes of twenty-four (24j gauge or heavier, installed in such manner as will prevent the ingress or egress of rats* All doors on which metal flashing has been applied shall be properly hinged to provide for free swinging. When closed, doors shall fit snugly so that the maximum clearance between any door, door jambs and sill shall not be greater than three-eighths (3/8) of an inch. Door jambs and sills constructed of metal, concrete, masonry, stone or cement mortar, or cast iron and steel, when fitting closely to exclude rats, are not required to comply with this provision of the ordinance. (f) All windows and other openings for the purpose of light or ventilation, located within thirty (30) inches above the existing ground or roof level immediately below such open- ings, shall be covered, if necessary, for their entire height and width, including frames, with wire cloth of nineteen (19) gauge or heavier, having a mesh of not larger than one-half (1/2) inch. All windows and other openings for the purpose of Light or ventilation in the exterior walls, which may be •J y accessible to rats by way of exposed pipes, wires, conduits and other appurtenances, shall be covered with guards of wire cloth of nineteen (19) gauge or heavier, having a mesh of not larger than one-half (1/2) inch, or, in lieu of wire cloth covering, said pipes, wires, conduits and other appur- tenances shall be blocked from rat usage by installing sheet metal guards of twenty-four (24) gauge or heavier. Such guards, when used on horizontal pipes, wires, conduits or other' appurtenances, shall be placed in a vertical position and shall be snugly fitted around the pipe, wire, conduit or other appurtenance. Said guard shall measure not less than twelve (12) inches beyond and on all sides of the pipe, wire, conduit or other appurtenance where the intervening space between the wall and pipe permits, and shall extend thirty (30) inches in an upward direction and twelve (12) inches in a downward direction, and shall be securely fastened to the pipe, wire, conduit or other appurtenance and also to the adjacent wall wherever practicable, so that the guard will remain in a vertical position at all times. Such guards, when used on vertical pipes, wires, conduits or other appurtenances, shall be fitted snugly around tAe pipe, wire, conduit or other appurtenance, shall be placed in a horizontal position (right angle to pipe), and shall extend horizontally from the pipe, wire, conduit or other appurtenance for a minimum distance of twelve (12) inches beyond and on all sides of the pipe, wire, conduit, or other appurtenance where the intervening space between pipe and wall permits, and shall be securely fastened to the pipe, wire, conduit or other appurtenance and also to the ad- jacent wall wherever practicable, in such manner that the guard will remain in a horizontal position at all times. (g) Light wells with windows in exterior walls that are located below the outside ground level shall be protected from the ingress and egress of rats by one of the following methods: (1) Installing over light wells cast iron or steel grills or steel gratings or other material of equal strength and rat-resisting properties, with opening in grills or gratings not to exceqd one-half (1/2) inch in shortest dimension. (2) Installing securely to and completely cover- ing existing metal grills that are broken or have openings larger than one-half (1/2) inch in shortest dimension, or otherwise defective, with expanded metal of eighteen (18) gauge or heavier, having openings not greater than one-half (1/2) inch in shortest dimen- sion, or with sixteen (16) gauge or heavier wire cloth with one-half (1/2) inch mesh. At the option of the person in custody of the business building, the opening in the wall of the building below the grate may be entirely closed with brick or concrete or partially closed and the remain- ing open space covered with nineteen (19) gauge or heavier wire cloth, with mesh not to exceed one-half (1/2) inch. (h) Business buildings constructed on piers having wooden floors with sills less than twelve (12) inches above the sur- face of the ground shall have the intervening space between floor sill and ground protected against the ingress or egress of rate by installing a solid masonry or concrete wall not less than four (4) inches thick or solid sheet metal curtain wall of twenty-four (24) gauge or heavier around the entire perimeter of the business building, extending said curtain wall to a depth of not less than twelve (12) inches below the sur- face of the ground level and fastening securely to the ex- terior wall of the business building in such manner as will prevent rats from entering the building, except in instances in which the soil will allow rats to burrow more than twelve (12) inches into the ground, in which instances the depth of the curtain wall shall not be less than thirty-six (36) inches. In lieu of the installation of curtain walls all .ground floors of wood construction may be replaced with concrete of not less than three (3) inches-in thickness; with the exterior walls protected for a height of twenty-four (24) inches above the concrete floor with masonry, concrete or solid sheet metal of twenty-four (24) gauge or heavier. Such exterior wall pro- tection shall be securely tied into the concrete floor at all points. Business buildings constructed on piers having the lower surface of wooden floor sills more than twelve (12) inches above the ground level shall have the intervening spaces be- tween floor sill and ground protected against the ingress or egress of rats by installing curtain walls in accordance with the preceding paragraph, or by protecting said business build. ings against the ingress or egress of rats by installing solid sheet metal coverage of twenty-four (24) gauge or heavier snugly around each pipe, cable, wire, conduit or other utili- ty service passing through wooden ground floor. The diameter of said metal coverage shall not be less than eight (8) inches larger than diameter of pipe, cable, wire, conduit or other utility service, and shall be securely fastened to the wooden floor. All other openings in wooden ground floors through which rats may gain entrance into double walls or the interior of business buildings, such as openings that may exist in floors and double walls above floor sills, shall be closed with twenty-four (24) gauge or heavier solid sheet metal or sixteen (16) gauge or heavier wire cloth of one-half (1/2) inch mesh, or with concrete or masonry. If the distance from the top of the floor sill to the under surface of a wooden floor is less than twelve (12) inches, rat stoppage treat- ment as provided in other sections of this ordinance shall be used. Wood frame constructed business buildings having concrete or masonry foundation walls shall have 4entilators in foundation walls protected as herein provided in Section 4(d). All miscellaneous wall openings, doors and windows shall be protected in accordance with this ordinance. SECTION 5. Curb or farmerst markets in which fruit or vegetables or any other food products are exposed and offered for sale on racks, stands, platforms and in vehicles outside of business buildings shall have floors paved with concrete, asphalt or other similar material for the entire surface area of the market. Display racks, stands or platforms on which fruit or vegetables or any other food products are displayed or offered for sale shall be of sufficient height so that all such fruit, vegetables or other food products shall be kept at a distance of not less than eighteen (18) inches above the floor pavement, and shall be so constructed that rats cannot harbor therein or thereunder. SECTION 6. For the purpose of eliminating all rats that may remain in or gain access to any business building after rat stoppage shall have been carried into effect, all storerooms, warehouses or other business buildings in the City of Fort Worth shall be provided with rat traps, which shall be proper- ly set and maintained in good working order at all times by person or per- sons in custody of such business building. Rats shall also be destroyed by poisoning or other such means, in addition to trapping, as may be deemed necessary by the Director of the De— partment of Public Health and Welfare or his authorized representative. SECTION 7. In lieu of the provisions of Section 4 regarding the protection of business buildings against what is commonly called the climbing or roof rat, the following provisions may be substituted: (a) No person in custody of said business build- ing shall permit any fishing poles, ladders or other objects to lean against the side or wall of such busi- ness building in such manner that rats could climb on and reach any part of the structure or roof. (b) The person in custody of business buildings shall also protect elevator shafts, fire escapes and guy wires in such manner that rats will not be able to gain ingress or egress into such business buildings. (c) It shall be the duty of any person im custody of a business building to trim the branches of all trees extending over, against or near any business building, and same shall be cut and trimmed and kept.cut and trimmed so that no part of any branch or any part of said tree shall be closer than ten (10) feet to any business build- ing, and the tops of all trees shall be out back ten (10) feet from the line extending perpendicularly from any ex- terior wall of a business building. SECTION 8, No person shall permit any premises, improved or unimproved, on which evidence of rat infestation is found, or any lots or alleys adjacent to said property to accumulate lumber, boxes, barrels, bricks, stones or any other character of materials that may be used as a harborage for rats unless same shall be placed on open racks and elevated not less than eighteen (18) inches above the ground, with a clear intervening space under- neath. f SECTION 9. It is imperative, in the preservation of health, safety and prop- erty, and to prevent the spread of infectious, contagious and epidemic diseases, that this ordinance be adopted* SECTION 10. This ordinance shall be held and construed to be cumulative of all other ordinances affecting the construction of buildings and affecting the health and sanitation of the public in the City of Fort Worth except in those instances where the provisions of this ordinance are in direct con- flict with the provisions of ordinances heretofore passed, in which instances those provisions are hereby expressly repealed. SECTION 11. Should any section, paragraph, sentence, clause or•phrase of this ordinance be declared unconstitutional or invalid for any reason, the re- mainder of said ordinance shall not thereby be affected but shall in all respects remain in full force and effect; for the City Council would not have passed said parts or portions declared to be unconstitutional or in- valid had they known they were unconstitutional or invalid. SECTION 12, Any person who shall violate any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Dollars ($200.00), and each offense and each day's continuance of failure to comply with the ordi- nance shall constitute a separate and distinct offense. SECTION 13, This ordinance shall take effect and be in full force and effect i.&- mediately from and after the date of its passage and publication as required by law. 7M=- Pj Y:City Attorney ORDINANCE No.— /-- Title r�_ Date� _ Filed da o ty ecreta