[CC 1997 §15-1; Ord. No. 173 §1, 7-9-1956]
It shall be unlawful for any person to have, keep, maintain,
cause or permit within the City any collection of standing or flowing
water in which mosquitoes breed or are likely to breed, unless such
collection of water is treated so as effectually to prevent such breeding.
[CC 1997 §15-2; Ord. No. 173 §2, 7-9-1956]
Collections of water in which mosquitoes breed or are likely
to breed are those contained in ditches, ponds, pools, excavations,
holes, depressions, open cesspools, privy vaults, fountains, cisterns,
tanks, shallow wells, barrels, troughs (except horse troughs in frequent
use), urns, cans, boxes, bottles, tubs, buckets, defective house roof,
gutters, tanks of flush closets or other water containers.
[CC 1997 §15-3; Ord. No. 173 §3, 7-9-1956]
The natural presence of mosquito larvae in standing or running
water shall be evidence that mosquitoes are breeding there.
[CC 1997 §15-4; Ord. No. 173 §4, 7-9-1956]
A.
Collections
of water in which mosquitoes breed or are likely to breed shall be
treated by such one (1) or more of the following methods as shall
be approved by the Health Officer:
1.
Screening
with wire netting of at least sixteen (16) meshes to the inch each
way or any other material which will effectually prevent the ingress
or egress of mosquitoes.
2.
Complete
emptying every seven (7) days of unscreened containers, together with
their thorough drying or cleaning.
3.
Using
a larvicide approved and applied under the direction of the Health
Officer.
4.
Covering
completely the surface of the water with kerosene, petroleum or paraffin
oil once every seven (7) days.
5.
Cleaning
and keeping sufficiently free of vegetable growth and other obstructions
and stocking with mosquito destroying fish.
6.
Filling
or draining to the satisfaction of the Health Officer.
7.
Proper
disposal, by removal or destruction, of tin cans, tin boxes, broken
or empty bottles and other articles likely to hold water.
[CC 1997 §15-5; Ord. No. 173 §5, 7-9-1956]
In case the person responsible for the condition of premises
on which mosquitoes breed, or are likely to breed, fails or refuses
to take necessary measures to prevent their breeding within three
(3) days after notice in writing has been given him/her by the Health
Officer or within such longer time after such notice as may be specified
in the notice, the person responsible shall be deemed guilty of a
misdemeanor; and for each day after the expiration of three (3) days
from the day on which such notice is given him/her or for each day
after the expiration of the time specified in the notice, as the case
may be, that the person responsible shall be deemed guilty of a separate
misdemeanor and in case of such failure or refusal of the person responsible,
the Health Commissioner is authorized to take necessary measures to
prevent the breeding of mosquitoes and all necessary costs incurred
by the Health Commissioner for that purpose shall be a charge against
the person responsible.
[CC 1997 §15-6; Ord. No. 173 §6, 7-9-1956]
For the purpose of this Chapter, the person responsible for
the condition of any premises is the person using or occupying the
premises; the person who, by law, is entitled to the immediate possession
of the same; or, in case the premises are used or occupied by two
(2) or more tenants of a common landlord or farm grounds appurtenant
to a house occupied by two (2) or more tenants of a common landlord,
then the landlord. Each tenant, however, is responsible for that part
of the premises which he/she occupies to the exclusion of the other
tenants; provided, that in case the premises are occupied by a tenant
under a yearly or monthly tenancy or under a lease for not more than
a year or under any lease whereby the lessor is expressly or impliedly
obligated to keep the premises in repairs and the collection of standing
or flowing water in which mosquitoes breed or are likely to breed
is owing to the disrepair of the building or to any natural quality
of the premises or to any condition that existed at the time when
the tenant entered into possession or to anything done on the premises
by the landlord during the existence of the tenancy or lease, then
and in such case the landlord is the person responsible; provided
further, that any person who has caused to exist on any premises of
which he/she is not the owner, landlord, occupant or tenant any collection
of water in which mosquitoes breed or are likely to breed is responsible,
as well as the owner, landlord, tenant or occupant, as the case may
be.
