[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown 7-24-2001 by Ord. No.
467. Amendments noted where applicable.]
This chapter shall be known as the "Mosquito Control Ordinance."
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,
tires, refrigerators, old cars, toys, miscellaneous junk, 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 Borough limits, any collection standing or flowing water
in which mosquitoes breed or are likely to breed, unless such collection
of water is treated so as to effectively prevent such breeding.
The presence of mosquito larvae in collections of water shall
be evidence that mosquitoes are breeding at that location.
A.
For the purpose of enforcing the provisions of this chapter, an authorized,
licensed representative of the Borough may at all reasonable times
enter in and upon any premises within the Borough to inspect the same
for evidence of mosquito breeding on the property.
B.
In the event a violation of this chapter is found to be located upon
any property in the Borough, such representative or the Codes Enforcement
Officer shall give written notice thereof to the owner or occupant
or both of the property.
A.
Upon notice of violation of this chapter, the owner and occupant
of the property upon which the violation exists shall take all necessary
action to correct such violation within three days after such notice.
Failure of the owner or the occupant of the subject property to carry
out the necessary measures to correct the said violation to the satisfaction
of the Codes Enforcement Officer shall be a separate violation of
this chapter.
B.
Should the owner or occupant of the property on which exists the
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 such person or persons, the Codes Enforcement
Officer is hereby authorized to take or cause to be taken all actions
necessary to prevent the same, and all costs incurred by or to the
Borough for this purpose shall be a charge against the subject property,
the property owner, the occupant of the property and any other person
violating this chapter.
Violation of any provision of this chapter shall constitute a summary criminal offense and, upon conviction thereof, shall be punishable by a fine of $25. Each day of violation of this chapter, beyond the three days set forth in § 131-7A, shall constitute and be conclusive of a separate offense.
The Codes Enforcement Officer shall deliver to the property
owner or the occupant of the subject property or shall affix to the
residential, commercial or industrial establishment on the property
where the violation of this chapter exists, a notice stating that
the owner or occupant has violated this chapter by not correcting
the same as previously notified. The notice shall contain instructions
to the owner or occupant of the property that if said owner or occupant
will pay to the Borough the sum of $10 within seven days after the
date of such notice by money order or check, such payment will save
the violator from criminal prosecution and from payment of the fine
and costs prescribed in the preceding section.
