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HomeMy WebLinkAboutProviding for the Regulation & Control of Fumigation with Poisonous Gas and the use of InsecticideORDINANCE No. JJ/6 Passed by the Common Council of the City of South Bend, 3 Presented by me to the Mayor of the City of South Bend, Clerk of Common Council Clerk Approved and signed by me 7 �,V:. ORDINANCE NO. 33_j5' AN ORDINANCE PROVIDING FOR THE REGULATION AND CONTROL OF FUMIGATION WITH POISONOUS GAS AND THE USE OF INSECTICIDE FOR ELIMINATION AND CON - TROL OF INSECTS, VERMIN, RODENTS AND OTHER PESTS, PROVIDING LICENSES THEREFOR AND PROVIDING FOR A PENALTY FOR THE VIOLATION OF SAID ORDINANCE. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section 1. DEFINITIONS:- The following words and phrases shall have the following meanings for purpose of this ordinance, to -wit: (a) "Pest control" - Work designed to eliminate and/ or control insects, vermin, rodents or other pests by the use of in- secticide liquid or powder, as distinguished from fumigants. (b) "Insecticide" - Any substance, powder or liquid, not a fumigant, used for destruction, repelling or controlling of in- sects, vermin, rodents or other pests. (c) "Fumigant" - Any substance which by itself or in combination with any other substance emits or liberates, or is made to emit or liberate a gas, fume, or vapor used for the destruction or control of insects, vermin, rodents or other pests. (d) "Fumigation" - The use of fumigants as defined under (c) . (e) "Person" - Any individual, firm, corporation, or copartnership. Section 2. (a) LICENSES:- No person shall use insecticide or fumigants or engage in pest control or fumigation work within the City of South Bend unless such person is the holder of a license issued therefor by the Board of Health of the City of South Bend and unless such work is done in accordance with the provisions of this - 1 - ordinance, the terms of said license and the regulations of said Board. This provision shall not apply to a person using an insecticide in his own residence or in his own place of business, providing, however, no such insecticide is used where food is stored, prepared, held or kept for sale. This section shall not apply to agricultural or horticultural pest control or fumigation, except in cases where an insecticide or fumigant is used on agricultural or horticultural products at a place other than where they are grown. This section shall not apply to any person engaged as an owner or employee in a business which requires the use of fumigants in con- nection with its own products, goods, wares and merchandise, or the goods, wares and merchandise of others stored upon said premises, provided, however, that any such person who conducts such fumigation or pest control work under such circumstances shall be approved as a qualified operator by said Board of Health. In no event shall any insecticide, which is deemed by said Board to be highly toxic or poisonous, be used. (b) TYPES OF LICENSES:- Licenses shall be issued by said Board of Health covering the following classifications, to -wit: (1) Fumigation license for the conduct of the business of fumigation and pest control; (2) Pest control license for the conduct of the business of pest control only;. (3) Owner- operator license for the individual owner of either a fumigation or pest control business, who is also an operator; (4) Employee- operator license for the employees of either a fumigation or pest control business. The holder of either an owner- operator or employee- -2-