[Code 1980 §12-127; CC 1990 §13-116]
For the purposes of this Article, the term "Health Officer" shall mean the Director of Health.
[Code 1980 §12-128; CC 1990 §13-117]
It shall be unlawful for any person to have, keep, maintain,
cause or permit within the City any collection of standing or flowing
water in which mosquitoes breed or are likely to breed, unless such
collection of water is treated so as to effectually prevent such breeding.
[Code 1980 §12-129; CC 1990 §13-118]
Collections of water in which mosquitoes breed or are likely
to breed are those contained in ditches, ponds, pools, excavations,
holes, depressions, open cesspools, privy vaults, fountains, cisterns,
tanks, shallow wells, barrels, troughs (except horse troughs in frequent
use), urns, cans, boxes, bottles, tubs, buckets, defective house roof
gutters, tanks or flush closets or other water containers.
[Code 1980 §12-130; CC 1990 §13-119]
The natural presence of mosquito larvae in standing or running
water shall be evidence that mosquitoes are breeding there.
[Code 1980 §12-131; CC 1990 §13-120]
A.
Collections
of water in which mosquitoes breed or are likely to breed shall be
treated by such one (1) or more of the following methods as shall
be approved by the Health Officer:
1.
Screening with wire netting of at least sixteen (16) meshes to the
inch each way or any other material which will effectually prevent
the ingress or egress of mosquitoes;
2.
Complete emptying every seven (7) days of unscreened containers,
together with their thorough drying or cleaning;
3.
Using a larvicide approved and applied under the direction of the
Health Officer;
4.
Covering completely the surface of the water with kerosene, petroleum
or paraffin oil once every seven (7) days;
5.
Cleaning and keeping sufficiently free of vegetable growth and other
obstructions and stocking with mosquito-destroying fish;
6.
Filling or draining to the satisfaction of the Health Officer;
7.
Proper disposal, by removal or destruction, of tin cans, tin boxes,
broken or empty bottles and other articles likely to hold water.
[Code 1980 §12-132; CC 1990 §13-121]
In case the person responsible for the condition of premises
on which mosquitoes breed or are likely to breed, fails or refuses
to take necessary measures to prevent their breeding within three
(3) days after notice in writing has been given him/her by the Health
Officer or within such longer time after such notice as may be specified
in the notice, the person responsible shall be deemed guilty of a
violation of this Article. For each day after the expiration of three
(3) days from the day on which such notice is given him/her or for
each day after the expiration of the time specified in the notice,
as the case may be, that the person responsible fails or refuses to
take such measures, the person responsible shall be deemed guilty
of a separate violation of this Article. In case of such failure or
refusal of the person responsible, the Health Officer is authorized
to take necessary measures to prevent the breeding of mosquitoes and
all necessary costs incurred by the Health Officer for that purpose
shall be a charge against the person responsible.
[Code 1980 §12-133; CC 1990 §13-122]
For the purpose of this Article, the person responsible for
the condition of any premises is the person using or occupying the
premises; or, in case no person is using or occupying the premises,
the person who by law is entitled to the immediate possession of the
premises; or, in case the premises are used or occupied by two (2)
or more tenants of a common landlord or from grounds appurtenant to
a house occupied by two (2) or more tenants of a common landlord,
then the landlord. Each tenant, however, is responsible for that part
of the premises which he/she occupies to the exclusion of the other
tenants. In case the premises are occupied by a tenant under a yearly
or monthly tenancy or under a lease for not more than a year or under
any lease whereby the lessor is expressly or impliedly obligated to
keep the premises in repair and the collection of standing or flowing
water in which mosquitoes breed or are likely to breed is owing to
the disrepair of the building or buildings or to any natural quality
of the premises or to any condition that existed at the time when
the tenant entered into possession or to any thing done on the premises
by the landlord during the existence of the tenancy of lease, the
landlord is the person responsible. Any person who has caused to exist
on any premises of which he/she is not the owner, landlord, occupant
or tenant any collection of water in which mosquitoes breed or are
likely to breed is responsible as well as the owner, landlord or occupant,
as the case may be.
