[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.
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.
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.
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.
The physical land and/or water management or mosquito breeding
areas to reduce the areas suitability for mosquito breeding.
The multi-faceted application of materials and methods by
which the presence and occurrence of mosquitoes which vector diseases
is abated.
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.
Grass clippings, leaves, tree trimmings.
[R.O. 2007 §15-22; Ord. No. 5454 §1, 5-6-1991]
A.Â
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.
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
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.
5.Â
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.
6.Â
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]
A.Â
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:
1.Â
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.
2.Â
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.
3.Â
Removing floating debris and other obstructions in collections of
water in addition to other control measures as may be required to
prevent mosquito breeding.
4.Â
Stocking ponds, lakes and other collections of water purposely created
with mosquito-destroying fish.
5.Â
Emptying collections of water every seven (7) days.
6.Â
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.
7.Â
Grading and draining a premises to free it of standing water.
8.Â
Providing and maintaining gutters, leaders or downspouts in good
working condition to provide proper drainage of storm water.
9.Â
Prohibiting the dumping of yard wastes, junk, trash and debris into
natural storm water drainage system, storm sewer culverts or City
streets and alleys.
10.Â
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.
