390-41AN E~RGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BF~CH, FLORIDA, REGULATING FUNGUS AND/OR INSECT CON-
TROL, PROVIDING FOR PEP&lIT TO C0~DUCT SUCH OCCUPATION OR
BUSII~ESS IN SAID CITY, PROVIDING FOR LICENSE FEE THEREFOR
AND OTHER ~EGULATIONS IN REFERENCE T~ET0.
~tEREAS, an emergency exists in the City of Delray Be~ch,
Florida, due to the fact that there is no adequate regulation
of the occupation and/or profession of fungus and/or insect con-
trol, and
W~EREAS, it is necessary for the preservation of the public
peace, property, health or saI'ety of said City, or for the daily
operation of a municipal department thaD this ordinance be passeG
as an emergency ordinance,
N0~, THEREFORE, BE '~IT 0P~AINED by the ~ity Council of the
City of Delray Beach as follows:
Section 1. No person, firm or corporation shall engage
fungus and/or insect control in or upon any structure used in
whole or in part for human occupancy in the City of Delray Be~ch,
Florida, without first obtaining a license from said City or Delray
Beach, Florida. The annual l±ce~se ~or s~ch occupation a~d/or pro-
fession is hereby fixed at $100.00 per year.
Section 2. No license to engage in the occupation and/or
profession of fungus and/or insect control in this City shall be
issued to any applicant until the following prerequisites have been
complied with:
(a) 0bt~in a certificate from the Contractors Examining
Board of this City certifying to the proficiency of the applicant
in making alteration and repairs to structures.
(b) Obtain a certificate from the City Board of Health or
the City Physician that the materials used in such ~dngus and/or
insect~ control will not be injurious to animal life other than
insects.
(c) Furnish a bond in the penal sum of $1000~00 executed by
a Surety Company or two responsible freeholders residing within
this City, which said bond shall first be approved by the City
Clerk, or in lieu thereof, a cash bond of equal amount, which
said bond shall be conditioned that all work performed and to be
performed will be as represented and/or guaranteed. Such bond
shall remain in force for the same period of time as the licenee
issued to the applicant.
Section 3. No person, firm or corporation shall perform
any work in connection with fungus and/or insect control until
an application for permit for such work has been made and a permit
obtained from the Building Inspector of this City. The cost of
such permit is hereby fixed at $3.00.
Section 4. The use of any preparation containing arsenic
in any form, in the control of fungus and insects in any inclosed
structure used for human occupancy in the City of Delray Beach is
hereby prohibited.
Section 5. The cost of laboratory analysis of materials
may
used in fungus and/or insect control, which analysis/be required
by the City Board of Health or City Physician in passing on the
possible injurious qualities of such materials, shall be borne
by the applicant for license and shall be made in such laboratory
as may be designated by the City Board of Health or City Physician.
Section 6. Any person violating any of the provisions of
this ordinance shall be punished by a fine of not exceeding $500.00
or by imprisor~ment in the City Jail for not exceeding 90 days or
by both such fine and imprisonment in the discretion of the ~iunici-
pal Court. Anyconviction for violation of this ordinance shall
auto~tically effect a revocation of any license heretofore issued
to such person, firm or corporation.
Section 7. All ordinances or parts of ordinances insofar
as the same are in conflict herewith are hereby repealed.
Section 8. This is an emergency ordinance and shall take
effect upon its passage upon first reading.
PASSED in regular session on this the ~ ~ day of April,
Pre~ide'nt City CounCil
Attest: Approved:
City 'Olerk I Mayor %