[HISTORY: Adopted by the Council of the Municipality of Murrysville 8-13-1985
by Ord. No. 162-85. Amendments noted where applicable.]
Mosquito breeding areas are herein declared as those collections of
water in which mosquitoes breed or are likely to breed, including but not
limited to ditches, ponds, excavations, barrels, cans, bottles, tubs, buckets,
detached tires or other artificial containers.
[Amended 12-16-1991 by Ord. No. 305-91]
It shall be unlawful, a public nuisance and a threat to public health
for the owner, lessee or occupant or any agent, servant, representative or
employee of any such owner, lessee or occupant, including any person having
ownership, occupancy or control of any premises within the Municipality between
April 1 and October 31 of each year, to have, keep or maintain or cause, suffer
or permit the accumulation or collection of any water in which mosquitoes
breed or are likely to breed unless such collection of water is treated as
hereinafter provided so as to effectively prevent such breeding. Water accumulations
that relate to conservation or recreation projects in wetland accumulation
or relate to stormwater management are excluded from this prohibition.
Collections of water in which mosquitoes breed or are likely to breed
shall be treated by one or more of the following methods as approved by the
Pennsylvania Department of Health, Pennsylvania Department of Environmental
Resources or the Municipality of Murrysville:
A.Â
Screening which will effectively prevent the ingress
or egress of mosquitoes.
B.Â
Complete emptying, drying and cleaning every seven days
of unscreened containers.
C.Â
Using a larvicide approved and applied under the direction
of the Pennsylvania Department of Health, the Pennsylvania Department of Environmental
Resources or the Municipality of Murrysville.
D.Â
Filling or draining to the satisfaction of the Pennsylvania
Department of Health, the Pennsylvania Department of Environmental Resources
or the Municipality of Murrysville.
E.Â
Proper disposal, by removal, destruction or discarding
at a properly licensed or authorized disposal site, of cans, boxes, bottles,
detached tires and similar articles or containers likely to hold water.
F.Â
Enclosing or covering with sufficient material to prevent
water from collecting within the container or article.
G.Â
Openings or holes in such container(s) and article(s)
which are likely to hold water so as to permit proper drainage.
Where nuisances as specified in this chapter involve a noncompliance
with state-enforced legislation or regulation, the Municipality shall first
refer this complaint to the appropriate state agency for abatement and/or
correction. If the nuisance continues without adequate enforcement from the
state agency to cause its abatement and/or correction, then the Municipality
of Murrysville may initiate action under this chapter to bring about abatement
and/or correction.
Any person, partnership or corporation who violates the provisions of
this chapter shall, upon conviction thereof in a summary proceeding, be sentenced
to pay a fine of $300 or such other maximum sum as may be authorized by statute
in summary proceedings. In default of payment of the fine, each person, the
members of such partnership or the officers of such corporation shall be liable
to imprisonment for not more than 30 days. Each day that a violation is continued
shall constitute a separate offense. All fines collected for violation of
this chapter shall be paid the municipal general revenue fund.
