2014 Indiana Code TITLE 16. HEALTH ARTICLE 41. PUBLIC HEALTH MEASURES FOR THE PREVENTION AND CONTROL OF DISEASE CHAPTER 34. PEST CONTROL: SPECIFIC PROVISIONS FOR ERADICATION OF RATS
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IC 16-41-34
Chapter 34. Pest Control: Specific Provisions for Eradication
of Rats
IC 16-41-34-1
Repealed
(Repealed by P.L.142-1995, SEC.32.)
IC 16-41-34-2
Education programs
Sec. 2. The township trustees and the boards of school trustees of
the cities and towns shall make provisions in the public schools under
their jurisdiction for the illustrative teaching of the following:
(1) The dissemination of diseases by rats, flies, and mosquitoes.
(2) The effects of the dissemination.
(3) The prevention of diseases by the proper selection and
consumption of food.
As added by P.L.2-1993, SEC.24.
IC 16-41-34-3
Inspections
Sec. 3. The state department and inspectors appointed by the state
department and local health officers and inspectors appointed for the
purpose, as provided in this section, may enter into and on all lands,
places, buildings, structures, vessels, or watercraft for the purpose of
ascertaining whether the places are infested with rats and whether the
requirements of this article as to extermination and destruction of the
rats are being complied with. A building occupied as a dwelling,
hotel, or rooming house may not be entered for that purpose, except
between 9 a.m. and 5 p.m. of any day.
As added by P.L.2-1993, SEC.24.
IC 16-41-34-4
Extermination and destruction
Sec. 4. (a) The:
(1) executive of a county, with the consent of the fiscal body of
the county; and
(2) legislative body of a town or city;
whenever the executive or legislative body determines by resolution
that it is necessary for the preservation of the public health or to
prevent the spread of contagious or infectious disease communicable
to humans, or when the executive or legislative body determines that
it is necessary to prevent great damage to crops, grain, food, or other
property, may appropriate money for the purchase of and may
purchase poison, traps, and other materials for the purpose of
eliminating and destroying rats in the county, town, or city.
(b) The county, town, or city may employ inspectors who shall
prosecute the work of extermination and destruction under the
direction of the executive or legislative body or the local health
officer or board of health on both private and public property in the
county, town, or city.
(c) The inspectors may when necessary to carry out this article do
the following:
(1) Dig into the ground.
(2) Remove parts of floors, walls, or other parts of buildings or
structures.
(3) Remove from one (1) place to another on the premises any
other property when reasonably necessary to do so.
(d) The inspectors, after taking the necessary steps for the
discovery and destruction of rats on any premises, shall restore the
premises, as far as may be reasonably practicable, to the condition in
which the premises were found.
As added by P.L.2-1993, SEC.24.
IC 16-41-34-5
Nuisance abatement; extermination and destruction of rats
Sec. 5. (a) This section applies to a person who owns, leases,
occupies, possesses, or has charge of any:
(1) land;
(2) place;
(3) building;
(4) structure;
(5) stacks or quantities of:
(A) wood;
(B) hay;
(C) corn;
(D) wheat; or
(E) other grains or materials; or
(6) vessel or watercraft;
that is infested with rats.
(b) If a person fails, neglects, or refuses to proceed to exterminate
and destroy the rats, as required by this chapter, the state department
or the state department's inspectors, and the local health officer or
local board of health and the local board's inspectors shall at once
cause the nuisance to be abated by exterminating and destroying the
rats.
(c) The expense is a charge against the county, town, or city that
has, by the county's, town's, or city's legislative body, ordered the
destruction or extermination of rats, and the legislative body shall pay
the expense.
(d) When the destruction of rats is ordered by the town or city
legislative body, the clerk of the town or city shall at once file with
the county auditor a certified statement of the expense of the
extermination and the county auditor shall charge the amount
expended for destroying rats against the property on which the
nuisance was abated. The amount shall be collected as other taxes are
collected. When collected the amount shall be paid to the county,
town, or city to reimburse the county, city, or town for the amount
paid out for the destruction of rats.
As added by P.L.2-1993, SEC.24.
IC 16-41-34-6
Inspectors' right of entry; penalty for obstruction
Sec. 6. (a) A health officer or an inspector appointed under this
article may, without a warrant, enter on or into any land, place,
building, structure, or premises suspected of being rat infested for the
discovery or destruction of rats.
(b) A person who obstructs a health officer or an inspector in the
performance of the health officer's or inspector's duties commits a
Class C infraction.
As added by P.L.2-1993, SEC.24.
IC 16-41-34-7
Allowing infestation; penalties
Sec. 7. (a) A person who:
(1) owns, leases, occupies, possesses, or has charge of any:
(A) land;
(B) place;
(C) building;
(D) structure;
(E) stacks or quantities of:
(i) wood;
(ii) hay;
(iii) corn;
(iv) wheat; or
(v) other grains or materials; or
(F) vessel or water craft; and
(2) permits the areas listed in subdivision (1) to become rat
infested;
commits a Class C infraction.
(b) A person who:
(1) permits an area listed in subsection (a) to become rat
infested; and
(2) upon any knowledge or notice, fails to endeavor in good
faith to exterminate the rats by poisoning, trapping, or other
appropriate means such as that suggested by the state
department or local health officers;
commits a Class C infraction.
As added by P.L.2-1993, SEC.24.
IC 16-41-34-8
Violations
Sec. 8. (a) Except as otherwise provided, a person who recklessly
violates or fails to comply with this chapter commits a Class B
misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.
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