[R.O. 2007 §15-20; Ord. No. 5454 §1, 5-6-1991]
This Chapter has been enacted to improve the general public health by outlining the means and methods for the control of mosquitoes that vector diseases to man and eliminate the conditions that foster their occurrence.
[R.O. 2007 §15-21; Ord. No. 5454 §1, 5-6-1991]
For purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- A pesticide intended to kill an adult mosquito.
- DWELLING UNIT
- Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
- IMMATURE MOSQUITO
- A mosquito larvae or pupae.
- The presence of any species of mosquito and in such numbers as to create a potential health hazard or nuisance.
- Any condition which provides shelter or protection for mosquitoes, favors their multiplication and continued existence in, under and outside a structure or premises.
- A pesticide or biological agent that is used to kill mosquito larvae and pupae.
- MULTIPLE HOUSING
- A housing facility containing more than one (1) dwelling unit under one (1) roof.
- Any act or condition which endangers the public health.
- Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or tenant.
- Any individual, corporation, association, joint stock company, partnership, co-partnership, firm, company, trust, estate, political subdivision or organization of any kind or their legal representative, agent, assigns, successors or fiduciaries.
- Any real property within the City which is not a street or highway.
- SOURCE REDUCTION
- The physical land and/or water management or mosquito breeding areas to reduce the areas suitability for mosquito breeding.
- VECTOR CONTROL
- The multi-faceted application of materials and methods by which the presence and occurrence of mosquitoes which vector diseases is abated.
- UNIMPROVED PROPERTY
- All lots, tracts and land holdings that have no inhabitable structure on the premises and which are not a street or highway.
- All plants growing upon streets, alleys, sidewalks or private property including weeds which bear or may bear seeds of a downy or wingy nature, weeds and grasses which may attain such large growth as to become, when dry, a fire menace, weeds which are noxious or dangerous, poison oak and poison ivy in a condition of growth constituting a menace to public health and accumulations of refuse, cuttings and other combustible trash. Such term shall include all rank vegetable growths which exude unpleasant and noxious odors including Russian, Canadian and common thistle, wild lettuce, wild mustard, wild parsley, ragweed, milkweed, ironweed and high and rank vegetable growth that may conceal filthy deposits; provided, that such term shall not include trees, fruits, berries, flowers, shrubs or vegetables which have been planted and are cultivated regularly by some person in charge of the lot or premises where the same are growing.
- YARD WASTES
- Grass clippings, leaves, tree trimmings.
[R.O. 2007 §15-22; Ord. No. 5454 §1, 5-6-1991]
It shall be illegal and a violation of this Section for any person to allow the existence of, create, keep or maintain an artificially induced mosquito breeding area.
No owner, person, occupant, tenant, lessee or developer of any public or private premises shall permit the accumulation upon his/her premises of water in puddles, ponds, depressions, ditches or containers for periods of time long enough to afford mosquito breeding or other breeding of recognized insect vectors.
The outdoor storage of tires is prohibited, except as regulated herein, in order to limit potential dangers caused by the breeding of mosquitoes in tires. No person, firm or corporation shall store tires outside of a building where mosquito breeding can take place.
The owners of a business dealing in tires shall be responsible for the proper disposal of discarded tires as called for by the ordinances of this City.
The owners of a business dealing in new or used tires must remove tires on a regular basis, no less often than once every ten (10) days; or cover said tires to prevent the accumulation of stagnant water; or treat tires with an appropriate material to prevent mosquito breeding.
Owners of all unimproved property within the City are responsible for maintaining said property in a manner that does not provide excessive harborage for mosquitoes. Undergrowth, viney plants and weeds shall be removed and prevented from regrowing so as to not impede equipment used for mowing of property by landowner.
No owner or occupant of a business building, multiple dwelling or dwelling shall allow grass, weeds, noxious weeds, brush or similar vegetation to remain on the premises at such a height and density as to constitute harborage, real or potential, for mosquitoes. A height of twelve (12) inches or more is presumed for the purpose of this regulation to constitute a potential hazard.
[R.O. 2007 §15-23; Ord. No. 5454 §1, 5-6-1991]
All owners and occupants of business buildings, multiple dwellings, dwelling units or premises shall comply with the following requirements. Every business building, dwelling, multiple dwelling, dwelling unit or accessory structure and premises shall be maintained in a relatively mosquito-free condition. Approved methods of mosquito prevention may consist of one (1) or more of the following procedures:
Removing from premises, vacant property and unimproved areas all cans, boxes, broken or empty bottles, vehicle tires and all similar articles likely to hold water.
Removing larvicide collections in water by spraying or treating the collected water with an effective material and in a manner approved by the City's mosquito abatement program.
Removing floating debris and other obstructions in collections of water in addition to other control measures as may be required to prevent mosquito breeding.
Stocking ponds, lakes and other collections of water purposely created with mosquito-destroying fish.
Emptying collections of water every seven (7) days.
Screening collections of water with corrosion-resistant netting of at least sixteen (16) meshes to the inch each way; or with other material which will effectually prevent the ingress and egress of mosquitoes.
Grading and draining a premises to free it of standing water.
Providing and maintaining gutters, leaders or downspouts in good working condition to provide proper drainage of storm water.
Prohibiting the dumping of yard wastes, junk, trash and debris into natural storm water drainage system, storm sewer culverts or City streets and alleys.
Such other methods as may be prescribed by the Butler County Health Department for special situations not covered above.
[R.O. 2007 §15-24; Ord. No. 5454 §1, 5-6-1991]
Materials and methods used for the control of mosquito breeding will be selected on the basis of safety and efficiency. The application of the materials must be made in conformance to current EPA labeling and rules and within the provisions of the Missouri Pesticide Usage Act and any ordinances of the City that effect the use, storage or delivery of such materials or the method by which they are applied. The mosquito abatement officer or his/her representative shall be responsible for verification of the proper calibration of machinery used to apply mosquito control materials within the boundaries of the City.
[R.O. 2007 §15-25; Ord. No. 5454 §1, 5-6-1991]
The presence of significant numbers of adult mosquitoes, mosquito larvae or pupae in collections of water shall be evidence that mosquitoes are breeding there and failure to prevent such breeding within seven (7) days after notice by the City shall be deemed a violation of this Chapter.
[R.O. 2007 §15-26; Ord. No. 5454 §1, 5-6-1991]
Whenever the Chief of Police or his/her duly authorized representative determines the existence of an artificially induced mosquito breeding area, the person committing, creating, keeping or maintaining such area shall be notified in writing by the Chief or his/her representative directing the responsible party to correct the condition. The notice shall be given by registered or certified mail addressed to the person or persons owning, occupying or having possession of the property or by personal service. The notice shall state that a mosquito infestation exists on the property within the provisions of this Chapter and shall briefly state the conditions that place the property in violation and state that the conditions shall be remedied seven (7) days from receipt of such notice.
[R.O. 2007 §15-27; Ord. No. 5454 §1, 5-6-1991]
When the person or persons owning, occupying or having possession of the property which is found to be in violation of this Chapter cannot be located by reasonable search, the notice shall be attached to the property briefly stating the conditions that place the property in violation and stating that the conditions shall be remedied within seven (7) days of the date the notice was posted.
[R.O. 2007 §15-28; Ord. No. 5454 §1, 5-6-1991]
If within the time specified in the notice the condition described in the notice has not been remedied, the Chief of Police, his/her duly authorized representative or the mosquito abatement officer may cause the condition to be remedied by the City at the expense of the property owner. After causing the condition to be remedied, the Chief of Police, his/her representative or the mosquito abatement officer shall certify the expense incurred in remedying the condition, including advertising costs and other expenses, and shall include a copy of the notice described in the Section above. Such expense shall become payable within thirty (30) days, after which a special assessment lien and charge will be immediately made upon the property, which shall be payable with interest at the legal rate from the date of such certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of the City and may be satisfied at any time by payment thereof including accrued interest. Upon such payment, the City Collector shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record.
[R.O. 2007 §15-29; Ord. No. 5454 §1, 5-6-1991]
The Chief of Police, his/her duly authorized representative or the mosquito abatement officer shall be authorized to investigate for conditions capable of breeding mosquitoes. Inspection on private property will be made at a reasonable time with the permission of the owner or occupant. If any person refuses to allow entry onto his/her private property for the purpose of inspection or abatement of a condition, the Chief of Police may obtain a warrant from the proper official to proceed in accordance therewith.
[R.O. 2007 §15-30; Ord. No. 5454 §1, 5-6-1991]
The fact that the City has abated or arranged for the abatement of the included health hazards as required by this Chapter shall not be a defense of prosecution of violation of this Chapter.
[R.O. 2007 §15-31; Ord. No. 5454 §1, 5-6-1991]
Any person failing to remedy or abate a condition as described in this Chapter after receiving notice from the City, within the time limits specified therein, or any other person otherwise violating the provisions of this Chapter shall be deemed guilty of an ordinance violation.