This chapter shall be known as the "Mosquito Control Ordinance."
[HISTORY: Adopted by the City Council of the City of Hazleton 11-16-1995 by Ord. No. 95-18 as Ch. 168 of the 1995 Code. Amendments noted where applicable.]
Any collection of water considered in this chapter shall be held to be those contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind or other containers or devices which may hold water.
It shall be unlawful to have, keep, maintain, cause or permit within the incorporated limits of the City of Hazleton 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.
The methods used or treatment directed toward the prevention of breeding of mosquitoes in collections of water shall be of a type approved by the Code or Health Office. The Code or Health Office shall, from time to time, issue mosquito control regulations.
The presence of mosquito larvae in collections of water shall be evidence that mosquitoes are breeding there, and failure to prevent such breeding within three days after notice by the Code or Health Office, its authorized agent or representative shall be deemed a violation of this chapter.
Should the person or persons responsible for conditions giving rise to the breeding of mosquitoes fail or refuse to take necessary measures to prevent the same within three days after due notice has been given, the Code or Health Office or its authorized agent is hereby authorized to do so, and all necessary cost incurred by him for this purpose shall be a charge against the property owner or other person offending as the case may be.
For the purpose of enforcing the provisions of this chapter, the Code or Health Office, or its duly accredited agent acting under its authority, may at all reasonable times enter in and upon any premises within its jurisdiction. Any person or persons charged with any of the duties imposed by this chapter failing within the time designated by this chapter or within the time stated in the notice of the Code or Health Office, as the case may be, to perform such duties or to carry out the necessary measures to the satisfaction of the Code or Health Office shall be deemed guilty of a separate violation of this chapter.
The Code or Health Office or any of its assistants or any policeman of the City of Hazleton, upon request of the Code or Health Office, shall have the authority to arrest any persons in violation of this chapter and shall cause such case to be heard by lawful process by the Magisterial District Judge.
Any person who shall violate any provision of this chapter shall, on each conviction, be subject to the penalties set forth in Chapter 1, Article II, Violations and Penalties, of this Code. Each day of violation of this chapter, beyond the three days set forth in § 294-5, shall constitute and be conclusive of a separate offense.