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Ordinance 709 • ORDINANCE NO. 709 TYPHUS CONTROL ORDINANCE TO PROTECT THE PUBLIC HEALTH BY CONTROLLING THE SPREAD OF ENDEMIC TYPHUS FEVER, AND OTHER RAT-BORNE DISEASES AND INFECTIONS ASSO- CIATED KITH THE UNSANITARY CONDITIONS PRESENT WHEREVER RATS ARE FOUND BY REQUIR- ING THAT CERTAIN STRUCTURES SHALL BE MAIN- TAINED IN A HAT-PROOF AND RAT-FREE CONDI- TION, BY PROVIDING FOR THE STORAGE OF FOOD AND FEED AND THE HANDLING OF GARBAGE BY ELIMINATING CERTAIN CONDITIONS FAVORING THE HARBORING OF RATS, AND TO PROVIDE PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA SECTION 1. That for the purpose of this ordinance the following, definitions shall apply: (a) The term "Business Building" shall mean any structure, whether public or private, that is adapted for occupancy for trans- action 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 houses, rooming houses, office buildings, public buildings, stores, theatres, markets, restaurants, grain elevators, abattoirs, warehouses, workshops, factories, and all outhouses, sheds, barns and other structures on premises used for business purposes. (b) The terms "Rat-Stoppage" and "Rat-Proofing" as used herein applies to a relatively inexpensive form of rat-proofing to prevent the ingress of rats into business buildings, from the exter- ior or from one business building to another. It consists essen- tially of the closing of all openings in the exterior walls, ground or first floors, basements, roofs and foundations, that may be reached by rats from the ground - by climbing or by burrowing, with material impervious to rat gnawing. (c) The term "Rat-harborage" shall mean any condition which provides shelter or protection for rats, thus favoring their multi- plication and continued existence in, under, or outside of a struc- ture of any kind. (d) The term "Health Commissioner" as used herein means the Dade County Health Commissioner or any duly authorized person who may represent him. (e) The term "Owner" shall mean the actual owner of the busi- ness building, whether individual, partnership, or corporation, or the agent of the building or other person having custody of the building or to whom rent is paid. In the case of business buildings leased with a clause in the lease specifying that the lessee is responsible for maintenance and repairs the lessee will be considered in such cases as the "Owner" for the purpose of this ordinance. (f) The term "Occupant" as used herein shall mean the indi- vidual, partnership or corporation that has the use of or occupies any business building or a part or fraction thereof whether the actual owner or tenant. In the case of vacant business buildings or any vacant portion of a business building the owner, agent or other person having custody of the building shall have the responsibilities of an occupant of a building. -1- SECTION 2. That all Business Buildings in the City of Miami Beach shall be rat-proofed, freed of rats, and maintained in a rat-proof and rat-free condition under the direction and supervision of the Health Commissioner. SECTION 3. That upon receipt of written notice and/or order from the Health Commissioner or his representative the .owner of any business building specified therein shall take immediate measures for rat-proofing 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, or within the time to which a written extension may have been granted by the Health Commissioner, then the owner shall be deemed guilty of an offense under the provisions of this ordinance. SECTION 4. That whenever the Health Commissioner or his representative notifies the occupant or occupants of a business building that there is evidence of rat infestation of the building said occupant or occupants shall immediately institute appropriate measures for freeing the premises each occupies of all rats, and that unless suitable measures for freeing the building of rats are insti- tuted within the time limit indicated after receipt of notice and unless continuously maintained in a satisfactory manner until the building is free of rats the Health Commissioner is hereby authorized and directed to take legal action. SECTION 5. That the occupants of all rat-proofed business buildings are required to maintain the premises in a rat-proof condition and to repair all breaks or leaks that may occur in the rat- proofing unless such breaks or leaks develop as the result of natural deterioration of the building. SECTION 6. That the Health Commissioner or his representatives is empowered to make unannounced inspections of the interior and exterior of business buildings, as in his opinion may be necessary to determine full compliance with this ordinance and the Health Commissioner and his representatives shall make periodic in- spections of all rat-stopped buildings to determine evidence of rat infestation and the existence of new breaks or leaks in their rat-proof- ing and when any evidence is foundindicating the presence of rats or openings through which rats may again enter business buildings the Health Commissioner shall serve the owners or occupants with notice and/or orders to abate the conditions found. SECTION 7. That whenever conditions inside or under business buildings provide such extensive harborage for rats the Health Com- missioner deems it necessary to eliminate such harborage he may require the owner to install suitable cement floors in basements or to replace wooden first or ground floors or require the owner to correct such other interior rat harborage as may be necessary in order to facilitate the eradication of rats in a reasonable time. SECTION 8. That it shall be unlawful for the occupant, owner, con- tractor, public utility company, plumber or any other person to remove the rat-proofing from any business building for any purpose and fail th restore the same in a satisfactory condition or to make any new openings that are not closed or sealed against the en- trance of rats. SECTION 9. That all food and feed kept for feeding chickens, cows, pigs, horses and other animals shall be kept and stored in rat-free and rat-proof containers, compartments, or rooms unless kept in a rat-proof building. SECTION 10. That 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 by the garbage department in covered containers of a type prescribed by the Health Officer according to existing conditions, and that it is hereby declared unlawful for any person, firm or corporation to dump -2- or place on any premises, land or waterway, any dead animals - or any waste vegetable or animal matter of any kind. SECTION 11. 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 premises in the City of biami Beach so that same shall or may afford food or harborage for rats. SECTION 12. That it shall be unlawful for any person to permit to accumulate on any premises, improved or vacant , and on all open lots and alleys , any lumber, boxes, barrels, bricks, stones 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 so that these materials will not afford harborage for rats. that SECTION 13. Any person, firm or corporation/shall violate any provi- sion or provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punishedby a fine not to exceed Fifty Dollars (} 50.00) or imprison- ment for not more than thirty (30) days. Lach day of violation shall constitute a separate offense. SECTION 14. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such con- flict only. SECTION 15. That if any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the City Council of the City of Miami Beach. in adopting this ordinance that no portion thereof or provision or regulation contained therein shall become inoperative or fail by rea- son of any unconstitutionality or invalidity of any other portion or provision or regulation. F S,-EJJ and ADOPT ) this 15thday of March , A. D. 1944. / / I Mayor ATTEST : City Clerk 1st reading - March 1, 1944 2nd reading - March 1, 1944 3rd reading - March 15, 1944 Posted - March 15, STATE OF FLORIDA ) ) COUNTY OF DADE ) I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 709 entitled "TYPHUS CONTROL ORDINANCE TO PRO- TECT THE PUBLIC HEALTH BY CONTROLLING THE SPREAD OF ENDEMIC TYPHUS FEVER, AND OTHER RAT-BORNE DISEASES AND INFECTIONS ASSOCIATED WITH THE UNSANITARY CONDITIONS PRESENT WHEREVER RATS ARE FOUND BY REQUIRING THAT CERTAIN STRUCTURES SHALL BE MAINTAINED IN A RAT_PROOF AND RAT-FREE CONDITION, BY PRO- VIDING FOR THE STORAGE OF FOOD AND FEED AND THE HANDLING OF GARBAGE BY ELIMINATING CERTAIN CONDITIONS FAVORING THE HARBORING OF RATS, AND TO PROVIDE PENALTIES FOR VIOLATION THEREOF" , having been passed andadopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places iu he City of Miami Beach, Florida, one of which was at the door of the City Hall in said City on the 15th day of March, A. D. 1944, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 3rd day of May, A-. D. 1944_. ity Glerk H O N (n H O a H o z Q a H r 0 r ICJ 0 H 'O z a tri