Chapter 8.20
POISONOUS SUBSTANCES
Sections:
8.20.040 Limitation of provisions.
8.20.010 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Domestic animals” includes cows, horses, sheep, goats, fowl, dogs, cats, and any other type of animal life normally kept for domestic purposes in the county.
B. “Poison or poisonous substance” means any substance which, when taken into the system of any human being or domestic animal, will normally produce any injurious or deadly effect to such human being or domestic animal, and such phrase shall specifically include, but not be limited to, the following substances:
1. Parathion;
2. Malathion;
3. TEPP;
4. DNOC;
5. Metacide;
6. Demeton (Systex);
7. Chlordane;
8. Toxaphene;
9. Aldrin;
10. Benzine Hexachloride;
11. Lindane;
12. Dieldrin;
13. Rotenone;
14. Pestex;
15. DDT;
16. Selenium Compounds (Silocide);
17. Stop Mold;
18. Zinc Phosphide;
19. Strychnine Compounds;
20. 1080 (Ten-Eighty);
21. Warfarin;
22. Antu;
23. Arsenic Trioxide.
C. “Where the same may be found, reached, or obtained” includes all disposal, garbage or refuse dumps, whether the same are public or private, and all other places which are outside of any closed building and are not securely fenced, whether or not the same are upon the land of the person so placing, depositing, storing, leaving or abandoning such poison, poisonous substance or container; provided, however, that nothing in this definition shall prevent disposal of such poison, poisonous substance, or container by proper burial, or the placing, depositing, storing, leaving or abandoning of the same in any area so fenced or otherwise secured that such poison, poisonous substance or container would reasonably be expected to be beyond the reach of any child or domestic animal. (Ord. O-473 §§ 3, 4, 5, 1957).
8.20.020 Prohibited acts.
It is unlawful for any person to place, deposit, store, leave, or abandon any poison or poisonous substance or any bag, sack, or other container which has been filled with or contained any such poison or poisonous substance and in which there remains any detectable quantity thereof in any place in the county where the same may be found, reached, or obtained by any child or any domestic animal. (Ord. O-473 § 1, 1957).
8.20.030 List of poisons.
It shall be the duty of the sanitarian of the county to keep and maintain in his office a current list of the commonly used insecticides, fungicides, miticides, acaricides and rodenticides which are poisons or poisonous substances as defined in OCC 8.20.010, together with any other such poisons or poisonous substances which are commonly used in the county in agricultural or horticultural pursuits, which list shall be open to public inspection during regular office hours, and the inclusion of any substance on such list shall be prima facie proof in any prosecution under this chapter that such substance is in fact a poison or poisonous substance. (Ord. O-473 § 6, 1957).
8.20.040 Limitation of provisions.
Nothing in this chapter shall be construed as prohibiting or limiting the normal application and use of poisons and poisonous substances for insect, rodent, or other pest control; provided that such poisons or poisonous substances are used or applied in conformity with good agricultural or horticultural practices then prevalent in the county. (Ord. O-473 § 7, 1957).
8.20.050 Violation – Penalty.
Any person violating the terms of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300.00 or by being confined in the county jail for a period of not more than 90 days, or by both such fine and imprisonment. (Ord. O-473 § 8, 1957).