[Order No. 09-03-2002A §1(100.010), 9-3-2002]
This Chapter shall be known as the "Jefferson County, Missouri,
Mosquito Control and Eradication Order".
[Order No. 09-03-2002A §1(100.020), 9-3-2002]
[Order No. 09-03-2002A §1(100.030), 9-3-2002]
It is the intent of this Chapter to provide necessary control
and reduction in the mosquito population of Jefferson County by draining,
treating, altering or otherwise eliminating breeding sources for mosquitoes.
The Jefferson County Health Center is authorized to establish a reasonable
and effective program of mosquito control including, but not limited
to, elimination treatment of breeding sources for mosquitoes, elimination
of identified mosquito populations, and alleviation of all such conditions
found to be conducive to the reproduction or continued existence of
mosquitoes. This is to be accomplished through the processes of education
and public information, conference, conciliation, and persuasion and,
if required, by judicial proceedings for the explicit purpose of controlling
the breeding of mosquitoes, the presence of which constitute a danger
to the public health, impair the comfort and convenience of the residents
and jeopardize enjoyment of life and property.
[Order No. 09-03-2002A §1(100.040), 9-3-2002]
The following terms, whenever referred to in this Chapter, shall
have the following respective meanings unless a different meaning
clearly appears from the context:
Any bucket, barrel, tire, bottle, tub, tank, gutter, bird
bath, swimming pool, ornamental pond, flower pot, jar or any other
such manmade items capable of collecting water.
Any area capable of sustaining the reproduction of mosquitoes.
The County Council of the County of Jefferson, Missouri.
The Director of the Jefferson County Health Center or such
other persons as designated by the Director.
The natural presence of mosquito larva, pupa or the remains
thereof.
A chemical agent which kills or prevents the reproduction
of mosquito larvae.
The immature, fully aquatic stage of mosquito development
in which mosquitoes appear as a small, wingless, worm-like form.
A chemical agent which kills or prevents the reproduction
of mosquito larvae.
A small, long-legged, two-winged species of the insect family
Culicidae, in which the female of the species is distinguished by
a long proboscis for sucking blood.
The person who has the use of or occupies any building or
any part thereof or who has the possession, actual or constructive,
of the premises whether owner or tenant. In the case of vacant buildings
or vacant portions of a building or in case of occupancy in whole
or in part by the owner, the owner of the building shall be deemed
to be and shall have responsibility of an occupant of such building.
The person owning the building or premises.
Individuals, firms, partnerships, associations, public or
private institutions, municipalities, political subdivisions of the
State of Missouri, governmental agencies, or public or private corporations.
A parcel of real property, including all buildings and structures
located thereon.
The immature, fully aquatic stage of mosquito development
immediately following the larval stage, preceding the adult form,
in which the insect appears as a small, wingless, worm-like shape
with a greatly enlarged head.
[Order No. 09-03-2002A §1(200.010), 9-3-2002]
A.Â
All premises
in the unincorporated area of Jefferson County shall be maintained
in such a manner as to prevent the breeding of mosquitoes on the premises.
B.Â
Artificial
containers, ditches, streams, flooded areas, and all other such sour
standing water or other liquid where mosquitoes are breeding shall
be removed, drained, treated, altered, maintained or otherwise eliminated
by the person occupying the premises or, in the absence of an occupant,
by the owner in a manner as to prevent the breeding of mosquitoes.
C.Â
Where
there is evidence of mosquito breeding, effective methods of eliminating
and treating mosquito breeding sources shall be instigated by the
person occupying the premises or, in the absence of an occupant, by
the owner within forty-eight (48) hours after discovering or being
informed of the evidence of mosquito breeding on the premises. (Order
No. 09-03-2002A §1(200.010), 9-3-02)
[Order No. 09-03-2002A §1(300.010), 9-3-2002]
A.Â
The occupant
and owner of any premises in the unincorporated area of Jefferson
County shall be responsible for the elimination and treatment of all
breeding sources.
B.Â
It shall
be a violation of this Chapter for any occupant or owner to fail to
eliminate or treat a breeding source.
C.Â
Treatment
to eliminate a breeding source shall be accomplished in any one (1)
or more of the following methods:
1.Â
Filling,
draining, removing or otherwise eliminating the breeding source.
2.Â
Complete
emptying of the breeding source of all water for at least seven (7)
days or as approved by the Director. Where an artificial container
is a water basin (e.g., swimming pool) designed to hold water, such
container shall be maintained or altered to prevent mosquito breeding
or be removed.
3.Â
Treatment
of the breeding source with an effective insecticide or larvicide
approved by the Director.
4.Â
Complete
emptying of any artificial container of all liquid and storage of
the container in an enclosed structure that is constructed in such
a manner as to prevent the permanent collection of liquid in the container.
5.Â
Maintenance
of all natural or constructed storm or surface water drainways in
a manner to prevent the ponding of water sufficient to provide breeding
for mosquitoes.
6.Â
Any
other method as approved by the Director.
D.Â
The Director
may institute education programs to inform the public of the dangers
of encephalitis, including the West Nile virus strain via mosquitoes.
Further, the Director may institute programs or activities to assist
property owners to identify sources of mosquito breeding and to help
eradicate or control the mosquito population.
[Order No. 09-03-2002A §1(300.020), 9-3-2002]
A.Â
The presence
of significant numbers of adult mosquitoes, mosquito larvae or pupae
in collections of water shall be evidence that mosquitoes are breeding
therein.
B.Â
Failure to eliminate or treat in any method permitted pursuant to Section 260.060(C) to prevent such breeding within forty-eight (48) hours after notice by the Director shall be deemed a violation of this Chapter.
[Order No. 09-03-2002A §1(300.030), 9-3-2002]
A.Â
Director
shall provide notice of violation of this Chapter upon determination
of the existence of an artificial container in which there is evidence
of mosquito breeding.
B.Â
Notice
shall be to the occupant or person in possession of the premises where
the artificial container is located. In the event the Director cannot
determine an occupant, then notice shall be to the owner of the premises.
[Order No. 09-03-2002A §1(300.040), 9-3-2002]
A.Â
The Director
shall be authorized to investigate for conditions capable of breeding
mosquitoes. Inspection of premises shall be made at a reasonable time
with the consent of the occupant.
B.Â
In the
event the occupant refuses to consent to an inspection of the premises,
the Director may request assistance from the Jefferson County Sheriff's
Department to investigate the matter for purposes of obtaining a search
warrant. For purposes of this Chapter, a search warrant shall be limited
in scope and shall not include inspection of buildings and structures.
[Order No. 09-03-2002A §1(400.010), 9-3-2002]
A.Â
Any person
that fails to correct or abate a condition as described in this Chapter
after notice and within the time limits specified herein, or any other
person otherwise violating the provisions of this Chapter shall be
guilty of a Class A misdemeanor.
B.Â
Any person
that violates this Chapter, shall, upon conviction, be fined not more
than one thousand dollars ($1,000.00) or imprisoned in the County
Jail for a term not to exceed one (1) year or a combination of a fine
and imprisonment.
C.Â
Each
day a violation exists shall constitute a separate violation of this
Chapter.
D.Â
Nothing
herein contained shall prevent the County of Jefferson, Missouri,
or other appropriate authority from taking such lawful action as necessary
to prevent or correct any violation of this Chapter, including injunctive
relief.
[Order No. 09-03-2002A §1(400.020), 9-3-2002]
The Jefferson County, Missouri Health Center may establish procedures
to implement this Chapter.
