It is the intent of these regulations to control and reduce the mosquito population by removing, draining, treating, altering, or otherwise eliminating breeding sources for mosquitoes. The goal is to establish an effective program of mosquito control through such things as the elimination or treatment of breeding sources for mosquitoes, elimination of identified mosquito populations, and alleviation of all other such conditions found to be conducive to the reproduction or continued existence of mosquitoes. The city will have primary responsibility for enforcement. The Waco-McLennan County Public Health District will provide technical assistance and support to inspectors/enforcement officers for the city who enforce this article.
(Ordinance 10-08-09, sec. 1, adopted 1/19/10)
Artificial container
means any bucket, barrel, tire, bottle, tub, tank, gutter, bird bath, swimming pool, ornamental pond, flower pot, jar or any other such man-made items capable of collecting water.
Breeding source
means any condition capable of sustaining the reproduction of mosquitoes. This shall include both artificial containers and natural conditions or containers.
Director
means the director of the Waco-McLennan County Public Health District. The term also means the authorized representative of the director.
Enforcement officer
means the city ACO, or a designated representative.
EPA
means the U.S. Environmental Protection Agency.
Evidence of mosquito breeding
means the natural presence of mosquito larvae, pupae, or their remains.
Insecticide
means a chemical agent which kills or prevents the reproduction of insects.
Larva
means the immature, fully aquatic stage of mosquito development in which the insect appears as a small, wingless, worm-like form.
Larvicide
means a chemical agent which kills or prevents the reproduction of mosquito larvae.
Mosquito
means a small, long-legged, two-winged insect of the family Culicidae, in which the female of the species is distinguished by a long proboscis for sucking blood.
Natural body of water
means any spring, stream, pond, lake, or wetland that was historically present in a natural state but may have been physically altered over time. A pond built in an area where there was no surface water or wetland present is not a natural body of water.
Occupant
means the person who has the use of or occupies any building or any part thereof or who has the use or possession, actual or constructive, of the premises, whether the 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 the responsibility of an occupant of such building.
Owner
means the person owning the building or premises.
Person
means individuals, firms, partnerships, associations, public or private institutions, municipalities, political subdivisions of the state, governmental agencies, and public or private corporations.
Premises
means a parcel of real property, including all buildings and structures located thereon.
Pupa
means the immature, fully aquatic stage of mosquito development immediately following the larval stage and preceding the adult form in which the insect appears as a small, wingless, worm-like shape with a greatly enlarged head.
Stock tank
means a man-made pond or artificial container used to provide drinking water for livestock such as cattle or horses.
(Ordinance 10-08-09, sec. 2, adopted 1/19/10)
All premises within the city shall be maintained in such a manner as to prevent the breeding of mosquitoes on the premises. Artificial containers, ditches, streams, and all other such sources of standing water or other liquid that serve as breeding sources must 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 such a manner as to prevent the breeding of mosquitoes. 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 72 hours after discovering or being informed of the evidence of mosquito breeding on the premises. The owner or occupant of premises with a natural body of water shall not be responsible for maintaining such natural body of water to eliminate mosquito breeding, but shall cooperate with city and health district officials in eliminating the breeding source if the natural body of water is suspected of or has been determined to be a breeding source. The owner or occupant of premises with a stock tank shall manage the stock tank to minimize breeding of mosquitoes without using any substance that will impair the use of the water for livestock.
(Ordinance 10-08-09, sec. 3, adopted 1/19/10)
Breeding sources for mosquitoes shall be treated by one or more of the following methods to eliminate the breeding source:
(1) 
Filling, draining, removing, or otherwise eliminating the breeding source.
(2) 
Completely emptying the breeding source of all water at least every five (5) calendar days. Where an artificial container is a water basin (such as a swimming pool, pond, bird bath, etc.) designed for the purpose of holding water, such containers shall be maintained or altered to prevent mosquito breeding or be removed.
(3) 
Treating the breeding source with an effective insecticide and/or larvicide in accordance with the label and/or directions established with the EPA.
(4) 
Completely emptying artificial containers of all liquid and storing in an enclosed structure which is constructed in such a manner as to prevent the permanent collection of liquid in said containers.
(5) 
Proper disposal, by removal or destruction, of cans, boxes, broken or empty bottles, discarded vehicle tires, and similar objects likely to hold water.
(6) 
Maintain all natural or man-made storm or surface water drain ways in a manner to prevent the ponding of water sufficient to provide breeding for mosquitoes.
(7) 
Other methods proven to be effective in controlling mosquitoes as approved by the enforcement officer.
(Ordinance 10-08-09, sec. 4, adopted 1/19/10)
(a) 
The enforcement officer shall have the right of entry upon any premises where entry is necessary to carry out the provisions of this article. If consent for entry is not given or obtained, an administrative search and inspection warrant shall be obtained. If an imminent hazard exists, no warrant is required for entry upon the premises.
(b) 
The natural presence of mosquito larvae in standing or running water shall be evidence that mosquitoes are breeding therein, and failure to prevent such breeding within three (3) calendar days after notice by the enforcement officer shall be deemed a violation of this article.
(c) 
Should the occupant, owner, or other person 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 to him or her, the enforcement officer is hereby authorized to do so, and all necessary cost incurred by him for this purpose shall be charged against the occupant, owner, or other person offending, as the case may be.
(Ordinance 10-08-09, sec. 5, adopted 1/19/10)
Whenever this article provides for notice to be given to a person, that notice may be given by delivering a written notice to the person or by mailing a written notice to the person.
(Ordinance 10-08-09, sec. 6, adopted 1/19/10)
In addition to any other remedy provided by this article or other law, any person who violates any provision of this article shall be guilty of a class C misdemeanor, the penalty for which shall be in accordance with the general penalty provided in section 1.01.009 of this code. Each day the violation exists shall be a separate violation.
(Ordinance 10-08-09, sec. 7, adopted 1/19/10; Ordinance adopting Code)