HomeMy WebLinkAbout02138 ORD - 08/26/1947AN ORDINANCE
PROVIDING FOR PROTECTION OF THE PUBLIC HEALTH
BY CONTROLLING AND PREVENTING THE SPREAD OF
RAT- BORNE DISEASES AND INFECTIONS BY THE ELIMI-
NATION OF 19SANITARY CONDITIONS ASSOCIATED WITH
SUCH DISEASES; PROVIDING REGULATIONS FOR EXTER-
MINATION OF RATS; RAT PROOFING OF STRUCTURES AND
MAINTENANCE THEREOF IN A RAT -PROOF CONDITION;
PRESCRIBING PENALTIES FOR VIOLATIONS OF THE SAME
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That for the purposes of this ordinance the following
definitions shall apply:
A. The term "business buildings" shall mean 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, tene-
ment houses, rooming houses, office buildings, public buildings, stores,
theaters, markets, restaurants, grain elevators, abbatoirs, warehouses,
workshops, factories, and all outhouses, sheds, barns and other structures
on premises used for business purposes.
B. The term °ratproofing" as used herein 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 of treatment with material, impervious to rat gnawing, all
actual or potential openings in exterior walls, ground or first floors,
basements, roof and foundations, that may be reached by rats from the
ground by climbing or by burrowing.
C. The term "rat harborage" shall mean any condition which pro-
vides shelter or protection for rats, thus favoring their multiplication
and continued existence in, under, or outside of any structure.
D. The term "rat eradication" means the elimination or exter-
mination of rats within buildings by any or all of the accepted measures,
such as; poisoning, fumigation, trapping, etc.
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E. The term "Health Officer" as used herein means the Superin-
tendent, Commissioner or Director of Health or any duly authorized repre-
sentative.
F. The term "owner" shall mean the actual owner, agent, or
custodian of the business building, whether individual, partnership, or
corporation. The lessee shall be deemed the "owner" for the purpose of
this ordinance when business buildings agreements hold the lessee
responsible for maintenance and repairs.
G. The term "occupant" as used herein shall mean the individual,
partnership, or corporation that uses or occupies any business building
or part or fraction thereof, whether the actual owner or tenant. In the
case of vacant business buildings or_ vacant portions thereof, the owner,
agent, or custodian shall be deemed the "occupant".
SECTION 2. That all business buildings in the City of Corpus
Christi shall be ratproofed, freed of rats, and maintained in a ratfree
condition.
A. That for the purpose of obtaining rat - stoppage of business
buildings, the following regulations are set forth as the minimum require-
ments for applying rat - stoppage to business buildings.
(a) The public Health Officer or his representative shall
approve all materials used and the method of installation.
(b) Solid sheet metal, expanded metal and wire cloth
specified in these regulations shall have a rust - resisting,
protective coating.
(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 fourteen (14) gauge,
or with expanded sheet metal of a thickness not less than
eighteen (18) gauge, or with cast iron grills or grates, or with
any material of sufficient strength and equal rat - restating _
properties. The openings therein shall be small enough to pre-
vent the ingress of rats, and in no instance shall be larger
than one -half (112 ") inch mesh.
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(d) All foundations and exterior wall openings excluding
those used for the purpose of ventilation, light, doors, and
windows, such as those openings around pipes, electric cables,
conduits, openings due to deteriorated wall, broken masonry or
concrete, shall be protected against the ingress of rats 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) Doors.--All exposed edges of the lower eight (8 ")
inches 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 against the gnawing of rats by covering said
doors and jambs with solid sheet metal of not less than twenty -
four (214) gauge thickness. The same material shall be used on
door sills or thresholds, or such door sills or thresholds may
be constructed of cement, stone, steel or cast iron. Doors,
door jambs and sills of coal chutes and hatchways 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 (24) gauge or heavier installed
in such manner as will prevent the ingress of rats. All build-
ings with side and rear door entrances shall be provided with
fly screen and hardware cloth doors. These doors should be
provided with suitable automatic self - closing devices.
All doors on which metal channel flashing has been applied
shall be properly hinged to provide for free swinging, i9fhen
closed, doors shall fit snugly so that the maximum clearance
between any door, door jambs and sill shall not be greater
than three - eights (3/8 ") of sin inch.
(f) Windows.- -All windows and other openings for the pur-
pose of light or ventilation shall be covered for their entire
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height and width, including frame, with wire cloth of
nineteen (19) gauge or heavier, in installed metal frames
of twenty -four (24) gauge and anchored in place with rust
resisting screws, having a mesh of not larger than one-
half (1%211) inch.
611 window and other openings for the purpose of light
or ventilation that may be accessible to rats by way of ex-
posed pipes, wires, conduits and other appurtenances, shall
be covered as specified above. Or in lieu of wire cloth
covering, said pipes, wires, conduits and other appurtenances
shall be blocked from rat usage by installing sheet metal
guards of twenty -four (24) gauge or heavier.
Such guards when used on vertical pipes, wires, conduits
or other appurtenances shall be fitted snugly around the pipe,
wire, conduit or other appurtenance.
(g) Light walls with windows in exterior walls that are
located below the outside ground level shall be protected from
the ingress of rats by one of the following methods:
1. Installing over light walls cast iron or steel
grills or steel gratings, or other material of equal strength
and rat - resisting properties, with opening in grills or grating
not to exceed one -half (1 /2 ") inch in largest dimension.
2. Installing securely to and completely covering
existing metal grills that are broken or have openings larger
than one -half (1 /2 ") inch in largest dimension or otherwise
defective, with expanded metal of eighteen (16) gauge or
heavier, having openings not greater than one -half (1 /2 ") inch
in largest dimension.
At the option of the owner the opening in the wall
of the building below the grate may be entirely closed with
brick or concrete or partially closed and the remaining open
space covered with nineteen (19) gauge or heavier wire cloth
with mesh not to exceed one -half (1/22) inch.
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(h) Business buildings constructed on piers having
wooden floor sills less than twelve (12 ") inches above the
surface of the ground shall have intervening space between
floor sill and ground protected against the ingress of rats
by installing a solid masonry or concrete not less than four (40)
inches thick around the entire perimeter of the business
building and extending said curtain wall to a depth of not
less than eighteen (18 ") inches deep with a twelve (120)
inch shelf extending outward from the wall and fastening
securely to the exterior wall of the business building, in
such a manner as will prevent rats from entering the building.
And in said four (4 ") inch curtain wall a screened -in venti-
lator 1L4 sq. in. in size,in accordance with specifications
set out in this ordinance, shall be placed every 10 lineal
feet around the building. All water, gas, sewer or electrical
conductors which pass through this wall must be protected
with sleeves of the proper size. If wood floor inside of
building is replaced with a concrete slab, gas piping, if any,
beneath the floor must be rerun into the building above the
new floor level.
In lieu of the installation of curtain walls, all ground
floor of wood construction may be replaced with concrete of
not less than three (3 ") inches in thickness. Exterior wall
protection shall be securely tied in a ratproof manner, into
the concrete floor at all points.
Business buildings constructed on piers having wooden
floor sills greater than twelve (1211) inches above the ground
level shall have the intervening spaces between floor sill
and ground protected against the ingress of rats by installing
curtain walls in accordance with the preceding paragraph, or
by protecting said business buildings against the ingress of
rats by installing solid sheet metal coverage of twenty -four
(24) gauge or heavier snugly around each pipe, cable, wire,
conduit or other utility service passing through wooden ground
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floor. Said metal coverage shall not be less than eight (811)
inches in diameter 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 of sixteen (16) gauge or heavier wire cloth
of one -half (1/2 ^) inch mesh or masonry or with concrete.
Wood frame constructed business buildings having concrete or
masonry foundation walls shall have ventilators in foundation
walls protected as herein provided in Section (A) (d). All
miscellaneous wall openings, doors and windows shall be pro-
tected in accordance with this ordinance.
B. The Public Health Officer or his representative shall approve
the method of installations for arW other rat- stoppage construction of
business building which are not specified in the foregoing paragraphs.
SECTION 3. That upon receipt of written notice and /or order
from the Health Officer, the owner of any business building specified
therein shall take immediate measures for ratproofing the building, and
that unless said work and improvements have been completed by the owner
in the time specified in the written notice, in no event to be less than
fifteen (15) days, same shall constitute a violation of this Ordinance.
SECTION 4. That whenever the Health Officer notifies the occu-
pant or occupants, of a business building in writing that there is evidence
of rat infestation of the building, said occupant or occupants shall
immediately institute rat eradication measures in accordance with the terms
of this Ordinance and shall continuously maintain such measures until the
premises are free of rat infestation. Said measures shall be taken within
five (5) days after receipt of notice.
SECTION 5. That the owners of all ratproofed business buildings
are required to maintain the premises in a ratproof condition and to
repair all breaks or leaks that may occur in the ratproofing without a
specific order of the Health Officer.
SECTION 6. That from and after passage of this ordinance the
Health Officer is empowered to make unannounced inspections of the interior
and exterior of business buildings to determine full compliance with this
ordinance, and the Health Officer shall make periodic inspections at
intervals of not more than forty -five (45) days of all ratproofed buildings
to determine evidence of rat infestation and the existence of new breaks
or leaks in their ratproofing and, when any evidence is found indicating
the presence of rats or openings through which rats may again enter busi-
ness buildings, the Health Officer shall serve the owners or occupants
with notice and /or orders to abate the conditions found.
SECTION 7. That whenever conditions inside or under occupied
business buildings provide extensive harborage for rats said Health
Officer is empowered, after due notification in accordance with Section 3,
to close such business buildings until such time as the conditions are
abated by ratproofing 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.
SECTION 8. That whenever conditions inside or under unoccupied
business buildings provide extensive harborage for rats said Health
Officer is empowered to require compliance with the provisions of Section 3
above and, in the event that said conditions are not corrected in a period
of sixty (6q days, the Health Officer is empowered to institute condem-
nation and destruction proceedings.
SECTION 9. That it shall be unlawful under the provisions of
this ordinance for the occupant, owner, contractor, public utility company,
plumber or any other person to remove and fail to restore in like condi-
tion the ratproofing from any business building for any purpose. Further,
it shall be unlawful for any person or agent to make any new openings
that are not closed or sealed against the entrance of rats.
SECTION 10. It shall be unlawful for any person, firm or corpor-
ation hereafter to construct, repair or remodel any building, dwelling,
stable or market, or other structure whatsoever, unless such construction,
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repair, remodeling or installation shall render the building or other
structure ratproof in accordance with the regulations prescribed herein
and hereunder. The provisions of this Sectiozi apply only to such
construction, repairs, remodeling or installation as affect the ratproof
condition of any building or other structure.
SECTIM 11. It shall be unlawful for any person, firm or
corporation hereafter 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 Section 10 of this ordinance; and unless
the provisions of this Section are complied with no city license or per-
mit to conduct or carry on such business as defined above will be issued.
SECTION 12. That all food and feed within the City of Corpus
Christi 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.
SECTION 13. That within the corporate limits of the City of
Corpus Christi 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 Health Officer.
SECTION 14. It is further declared unlawful for any person,
firm, or corporation to dump or place on any premise, land or waterway,
any dead animals, or any waste vegetable or animal matter of any kind.
SECTION 15. That it shall be unlawful for any person to place,
leave, dump, or permit to accumulate any garbage, rubbish or trash -in
any building or on any premise, improved or vacant, or on any open lot,
street or alley in the City of Corpus Christi so that same shall or may
afford food or harborage for rats.
SECTION 16. That it shall be unlawful for any person to permit
to accumulate on any premise, improved or vacant, or on any open lot, street
or alley in the City of Corpus Christi any lumber, boxes, barrels, bottles,
pans, 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 eighteen (18) inches above the ground, and evenly piled or
stacked.
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SECTION 17. Penalty: Any person, firm, or corporation who
shall violate any provision or provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction shall be punished by
a fine of not in excess of One Hundred ($100.00) Dollars. Each day's
violation shall constitute a separate offense.
SECTION 18. Savings Clause: If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be unconsti-
tutional, void, or invalid, the validity of the remaining portions of
this ordinance shall not be affected thereby.
SECTION 19. The necessity for protecting the health of the
citizens of the City of Corpus Christi and preventing the spread of
diseases caused by rats creates a public emergency and public imperative
necessity requiring the suspension of the Charter rule that no Ordinance
or resolution shall be passed finally on the date it is introduced and
that such ordinance or resolution shall be read at three several meetings
of the City Council, and the Mayor having declared that such public
emergency and imperative necessity exist, and having requested that such
Charter rule be suspended, and that this ordinance be passed finally
on the date of its introduction and be in full force and effect from and
after its passage and publication as required by law, IT IS ACCORDINGLY
SO ORDAINED.
PASSED AND APPROVED this Z day of '��� ,t
A.D. 1947.
CityAf Corpus--Mristi, Texas
ATTEST&
City Secretary j
APPROVED AS TO LEGAL FORM.
AC orney
Absistany0ity Attorney
Cor a Christi, Texas
" LL , 1947
TO THE bMMMS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the
foregoing ordinance, a public emergency and imperative necessity
exist for the suspension of the Charter rule or requirement that no
ordinance or resolution shall be passed finally on the date it is
introduced, and that such ordinance or resolution shall be read at
three meetings of the City Council; I, therefore, hereby request that
you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of
the City Council.
Respectfully,
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe Dawson
L,
The above ordinance was passed by the following vote
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris"
R. R. Henry
Joe Dawson
t
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