IC 16-41-34
    Chapter 34. Pest Control: Specific Provisions for Eradication ofRats

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Repealed
    (Repealed by P.L.142-1995, SEC.32.)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 ofthe cities and towns shall make provisions in the public schoolsunder 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 andconsumption 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 statedepartment and local health officers and inspectors appointed for thepurpose, as provided in this section, may enter into and on all lands,places, buildings, structures, vessels, or watercraft for the purpose ofascertaining whether the places are infested with rats and whether therequirements of this article as to extermination and destruction of therats are being complied with. A building occupied as a dwelling,hotel, or rooming house may not be entered for that purpose, exceptbetween 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 ofthe county; and
        (2) legislative body of a town or city;
whenever the executive or legislative body determines by resolutionthat it is necessary for the preservation of the public health or toprevent the spread of contagious or infectious disease communicableto humans, or when the executive or legislative body determines thatit is necessary to prevent great damage to crops, grain, food, or otherproperty, may appropriate money for the purchase of and maypurchase poison, traps, and other materials for the purpose ofeliminating and destroying rats in the county, town, or city.
    (b) The county, town, or city may employ inspectors who shallprosecute the work of extermination and destruction under thedirection of the executive or legislative body or the local healthofficer 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 dothe following:
        (1) Dig into the ground.
        (2) Remove parts of floors, walls, or other parts of buildings orstructures.
        (3) Remove from one (1) place to another on the premises anyother property when reasonably necessary to do so.
    (d) The inspectors, after taking the necessary steps for thediscovery and destruction of rats on any premises, shall restore thepremises, as far as may be reasonably practicable, to the condition inwhich 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 exterminateand destroy the rats, as required by this chapter, the state departmentor the state department's inspectors, and the local health officer orlocal board of health and the local board's inspectors shall at oncecause the nuisance to be abated by exterminating and destroying therats.
    (c) The expense is a charge against the county, town, or city thathas, by the county's, town's, or city's legislative body, ordered thedestruction or extermination of rats, and the legislative body shallpay the expense.
    (d) When the destruction of rats is ordered by the town or citylegislative body, the clerk of the town or city shall at once file withthe county auditor a certified statement of the expense of theextermination and the county auditor shall charge the amountexpended for destroying rats against the property on which thenuisance was abated. The amount shall be collected as other taxes arecollected. When collected the amount shall be paid to the county,town, or city to reimburse the county, city, or town for the amountpaid 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 thisarticle may, without a warrant, enter on or into any land, place,building, structure, or premises suspected of being rat infested for thediscovery or destruction of rats.
    (b) A person who obstructs a health officer or an inspector in theperformance of the health officer's or inspector's duties commits aClass 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 ratinfested;
commits a Class C infraction.
    (b) A person who:
        (1) permits an area listed in subsection (a) to become ratinfested; and
        (2) upon any knowledge or notice, fails to endeavor in goodfaith to exterminate the rats by poisoning, trapping, or otherappropriate means such as that suggested by the statedepartment 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 recklesslyviolates or fails to comply with this chapter commits a Class Bmisdemeanor.
    (b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.