[Order No. 09-03-2002A §1(100.010), 9-3-2002]
This Chapter shall be known as the "Jefferson County, Missouri, Mosquito Control and Eradication Order".
[Order No. 09-03-2002A §1(100.020), 9-3-2002]
[Order No. 09-03-2002A §1(100.030), 9-3-2002]
It is the intent of this Chapter to provide necessary control and reduction in the mosquito population of Jefferson County by draining, treating, altering or otherwise eliminating breeding sources for mosquitoes. The Jefferson County Health Center is authorized to establish a reasonable and effective program of mosquito control including, but not limited to, elimination treatment of breeding sources for mosquitoes, elimination of identified mosquito populations, and alleviation of all such conditions found to be conducive to the reproduction or continued existence of mosquitoes. This is to be accomplished through the processes of education and public information, conference, conciliation, and persuasion and, if required, by judicial proceedings for the explicit purpose of controlling the breeding of mosquitoes, the presence of which constitute a danger to the public health, impair the comfort and convenience of the residents and jeopardize enjoyment of life and property.
[Order No. 09-03-2002A §1(100.040), 9-3-2002]
The following terms, whenever referred to in this Chapter, shall have the following respective meanings unless a different meaning clearly appears from the context:
- ARTIFICIAL CONTAINER
- Any bucket, barrel, tire, bottle, tub, tank, gutter, bird bath, swimming pool, ornamental pond, flower pot, jar or any other such manmade items capable of collecting water.
- BREEDING SOURCE
- Any area capable of sustaining the reproduction of mosquitoes.
- COUNTY COUNCIL
- The County Council of the County of Jefferson, Missouri.
- The Director of the Jefferson County Health Center or such other persons as designated by the Director.
- EVIDENCE OF MOSQUITO BREEDING
- The natural presence of mosquito larva, pupa or the remains thereof.
- A chemical agent which kills or prevents the reproduction of mosquito larvae.
- The immature, fully aquatic stage of mosquito development in which mosquitoes appear 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 species of the insect family Culicidae, in which the female of the species is distinguished by a long proboscis for sucking blood.
- The person who has the use of or occupies any building or any part thereof or who has the possession, actual or constructive, of the premises whether 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 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 of Missouri, governmental agencies, or 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, preceding the adult form, in which the insect appears as a small, wingless, worm-like shape with a greatly enlarged head.
[Order No. 09-03-2002A §1(200.010), 9-3-2002]
All premises in the unincorporated area of Jefferson County shall be maintained in such a manner as to prevent the breeding of mosquitoes on the premises.
Artificial containers, ditches, streams, flooded areas, and all other such sour standing water or other liquid where mosquitoes are breeding shall 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 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 forty-eight (48) hours after discovering or being informed of the evidence of mosquito breeding on the premises. (Order No. 09-03-2002A §1(200.010), 9-3-02)
[Order No. 09-03-2002A §1(300.010), 9-3-2002]
The occupant and owner of any premises in the unincorporated area of Jefferson County shall be responsible for the elimination and treatment of all breeding sources.
It shall be a violation of this Chapter for any occupant or owner to fail to eliminate or treat a breeding source.
Treatment to eliminate a breeding source shall be accomplished in any one (1) or more of the following methods:
Filling, draining, removing or otherwise eliminating the breeding source.
Complete emptying of the breeding source of all water for at least seven (7) days or as approved by the Director. Where an artificial container is a water basin (e.g., swimming pool) designed to hold water, such container shall be maintained or altered to prevent mosquito breeding or be removed.
Treatment of the breeding source with an effective insecticide or larvicide approved by the Director.
Complete emptying of any artificial container of all liquid and storage of the container in an enclosed structure that is constructed in such a manner as to prevent the permanent collection of liquid in the container.
Maintenance of all natural or constructed storm or surface water drainways in a manner to prevent the ponding of water sufficient to provide breeding for mosquitoes.
Any other method as approved by the Director.
The Director may institute education programs to inform the public of the dangers of encephalitis, including the West Nile virus strain via mosquitoes. Further, the Director may institute programs or activities to assist property owners to identify sources of mosquito breeding and to help eradicate or control the mosquito population.
[Order No. 09-03-2002A §1(300.020), 9-3-2002]
The presence of significant numbers of adult mosquitoes, mosquito larvae or pupae in collections of water shall be evidence that mosquitoes are breeding therein.
[Order No. 09-03-2002A §1(300.030), 9-3-2002]
Director shall provide notice of violation of this Chapter upon determination of the existence of an artificial container in which there is evidence of mosquito breeding.
Notice shall be to the occupant or person in possession of the premises where the artificial container is located. In the event the Director cannot determine an occupant, then notice shall be to the owner of the premises.
[Order No. 09-03-2002A §1(300.040), 9-3-2002]
The Director shall be authorized to investigate for conditions capable of breeding mosquitoes. Inspection of premises shall be made at a reasonable time with the consent of the occupant.
In the event the occupant refuses to consent to an inspection of the premises, the Director may request assistance from the Jefferson County Sheriff's Department to investigate the matter for purposes of obtaining a search warrant. For purposes of this Chapter, a search warrant shall be limited in scope and shall not include inspection of buildings and structures.
[Order No. 09-03-2002A §1(400.010), 9-3-2002]
Any person that fails to correct or abate a condition as described in this Chapter after notice and within the time limits specified herein, or any other person otherwise violating the provisions of this Chapter shall be guilty of a Class A misdemeanor.
Any person that violates this Chapter, shall, upon conviction, be fined not more than one thousand dollars ($1,000.00) or imprisoned in the County Jail for a term not to exceed one (1) year or a combination of a fine and imprisonment.
Each day a violation exists shall constitute a separate violation of this Chapter.
Nothing herein contained shall prevent the County of Jefferson, Missouri, or other appropriate authority from taking such lawful action as necessary to prevent or correct any violation of this Chapter, including injunctive relief.
[Order No. 09-03-2002A §1(400.020), 9-3-2002]
The Jefferson County, Missouri Health Center may establish procedures to implement this Chapter.