For the purpose of this article the following terms shall have
the respective meanings ascribed to them:
Any collection of water in which mosquito eggs are laid or
deposited, mosquito larvae or mosquitoes are grown and developed,
which includes any can, vessel, barrel, gutter, ditch, basement, pool,
reservoir, cistern, low place, hole, sewer, or any thing or place
holding water, where mosquito eggs are or may be laid or deposited,
mosquito larvae or mosquitoes are or may be developed or grown.
All the area within the city, and the area outside of, adjacent
to, and surrounding the city within five thousand feet (5,000) of
the city.
(1990 Code, sec. 4.501)
Mosquitoes and mosquito breeding or propagation places within
the mosquito control area are hereby declared to be and are public
nuisances and detrimental to the health and comfort of the people
of the mosquito control area.
(1990 Code, sec. 4.502)
The following shall be deemed proper means or agencies to prevent
the breeding and propagation of mosquitoes, and for their restraint
and destruction:
(1)
All collections of water intended for and used for drinking purposes,
or for a use which makes oiling objectionable, all weeds, grass, or
vegetable growth about such collection of water in ground or earth
containers, down to and including the water’s edge, must be
kept away, closely cut, or destroyed so as to prevent places of harbor
for mosquito larvae or mosquitoes, and the collection of water must
be well stocked at all times with what is commonly known as the pot
belly minnow in such numbers that they will effectively destroy all
mosquito larvae therein, and the surface of the water shall be kept
free from debris and floating vegetation. Where such collection of
water is in cisterns, or upground containers, and where the water
is to be of long standing, the “pot belly” minnows should
be placed therein in sufficient numbers to destroy all mosquito larvae,
and all such containers should be securely screened or covered as
to prevent the entrance or exit of mosquitoes.
(2)
All collections of water not intended for use shall not be allowed
to stand, but must be emptied out of its container before five (5)
days after collected, or drained off the premises, or the container
filled with earth to the extent that it will not retain water, and
where this is not practicable or the lack of time has not permitted
this to be done, the surface of the water shall be kept coated or
covered with kerosene, crude oil, or any other oil product of petroleum
answering the same purpose, and the surface and edge of earth containers
of such water shall be kept free at all times of weeds, grass, vegetable
growth and debris.
(1990 Code, sec. 4.503)
It shall be unlawful for any person owning, occupying, in control
or charge of any premises in the mosquito control area to permit the
breeding or propagation of mosquitoes, or permit or maintain any mosquito
breeding or propagation place, on any such premises. It shall be unlawful
for any such person to fail to administer the proper means or take
the proper precautions to prevent the breeding or propagation of mosquitoes
on such premises. It shall be unlawful for such person to fail to
destroy all mosquito eggs and mosquito larvae on such premises. It
shall be unlawful for any such person to fail to screen, with not
exceeding number sixteen (16) mesh screen wire, all openings to cisterns
in use, including gutter openings, to them, and to maintain such screens
in good condition at all times, and all such openings shall be so
screened or closed as to prevent the entrance or exit of mosquitoes,
and to keep likewise screened or securely covered, for such purpose,
all water barrels, vessels, or containers which hold water. It shall
be unlawful for such person to fail to cut and destroy or cause to
be kept cut and destroyed all weeds, grass or other vegetation about
collections of water on such premises, about the brink or edge of
such collection of water where mosquito larvae can hide, or to keep
the premises free from weeds, grass and wild vegetative growth on
such premises where mosquitoes can or may be harbored.
(1990 Code, sec. 4.504; Ordinance
adopting Code)
Officers or employees of the city shall be and are authorized
to go upon any premises in the mosquito control area at any reasonable
time for the purpose of inspection thereof to discover violations
of this article and to make an impartial report of or an arrest for
any violations, and it shall be the duty of the person responsible
for the premises and responsible for the conditions thereon under
the terms of this article and all other persons who may be on said
premises to afford the city inspectors full opportunity for such inspection.
It shall be unlawful for such person to in any manner or way molest
or threaten any such city officer or employee, or in any manner seek
to prevent, interfere with, or prohibit his or her entrance on the
premises, or the performance of his or her duties. It shall be unlawful
for any such officer or employee of the city inspecting premises under
this article to fail to make a full, fair and honest report of the
exact conditions as they exist where violating this article.
(1990 Code, sec. 4.505; Ordinance
adopting Code)
(a)
Any individual, association or corporation violating any portion
or provision of this article shall be deemed guilty of a misdemeanor,
and upon conviction thereof a fine not to exceed $2,000.00 shall be
assessed. If the person has been previously convicted under this article,
an offense under this article is a misdemeanor to be punished by a
fine of not less than $100.00 and not to exceed $2,000.00.
(b)
If there is proof of the person being previously convicted twice
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $200.00 and not to exceed
$2,000.00.
(c)
If there is proof of the person being previously convicted three
times under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $300.00 and not to exceed
$2,000.00.
(d)
If there is proof of the person being previously convicted four times
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $400.00 and not to exceed
$2,000.00.
(e)
If there is proof of the person being previously convicted five times
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $500.00 and not to exceed
$2,000.00.
(f)
A person who violates this article is guilty of a separate offense
for each day or part of day the violation is committed, continues,
or permitted. However, upon issuance of the first citation or filing
of the first complaint in municipal court, another citation shall
not be issued nor another complaint filed, for the same violation
continuing or permitted on a subsequent day, until the tenth calendar
day following the issuance of the first citation or filing of the
first complaint.
(1990 Code, sec. 4.506)
