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 091201A, sec. 1, adopted 12/1/2009)
Any bucket, barrel, tire, bottle, tub, tank, gutter, birdbath,
swimming pool, ornamental pond, flower pot, jar, or any other such
man-made items capable of collecting water.
Any condition capable of sustaining the reproduction of mosquitoes.
This shall include both artificial containers and natural conditions
or containers.
The director of the Waco-McLennan County Public Health District.
The term also means the authorized representative of the director.
The chief of police or a designated representative.
The U.S. Environmental Protection Agency.
The natural presence of mosquito larvae, pupae, or their
remains.
A chemical agent which kills or prevents the reproduction
of insects.
The immature, fully aquatic stage of mosquito development
in which the insect appears as a small, wingless, worm-like form.
A chemical agent which kills or prevents the reproduction
of mosquito larvae.
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.
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.
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.
The person owning the building or premises.
Individuals, firms, partnerships, associations, public or
private institutions, municipalities, political subdivisions of the
state, governmental agencies, and public or private corporations.
A parcel of real property, including all buildings and structures
located thereon.
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.
A man-made pond or artificial container used to provide drinking
water for livestock such as cattle or horses.
(Ordinance 091201A, sec. 2, adopted 12/1/2009)
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 a fine in accordance with section 1.01.009 of this code. Each day the violation exists shall be a separate violation.
(Ordinance 091201A, sec. 8, adopted 12/1/2009; Ordinance adopting Code)
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 48 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 the 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 091201A, sec. 3, adopted 12/1/2009)
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 a 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 types, and similar objects likely to hold
water.
(6)
Maintain
all natural or man-made storm or surface water drainways 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 091201A, sec. 4, adopted 12/1/2009)
(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 exist,
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 091201A, sec. 5, adopted 12/1/2009)
Where the existence of a mosquito population presents an imminent
threat to the health of the community, the director is authorized
to take action to enforce this article. Before taking such action,
the director shall notify the enforcement officer. The director may
then notify the owner, occupant or other person responsible for the
conditions or actions required to eliminate a mosquito breeding source.
Failure to comply with said notice within 48 hours of receiving said
notice shall constitute a violation of this article.
(Ordinance 091201A, sec. 6, adopted 12/1/2009)
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 091201A, sec. 7, adopted 12/1/2009)
