§ 11-5. Control of mosquitoes.

(a)

Purpose. It is the intent of this section to control and reduce the mosquito population in the city by removing, draining, treating, altering or otherwise eliminating all breeding sources for mosquitoes by elimination of identified mosquito populations, and alleviation of all such conditions found to be conducive to the reproduction or continued existence of mosquitoes of 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.

(b)

Definitions.

Artificial container means 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 means any area capable of sustaining the reproduction of mosquitoes.

Evidence of mosquito breeding means the natural presence of mosquito larva, pupa, or their remains.

Insecticide means a chemical agent which kills or prevents the reproduction of insects.

Larva means the immature, fully aquatic stage of mosquito development in which the insect appears as a small wingless worm-like form.

Larvacide means a chemical agent which kills or prevents the reproduction of mosquito larvae.

Mosquito means a small long-legged, two-winged insect of the family Cullicidae, in which the female of the species is distinguished by a long proboscis for sucking blood.

Occupant means 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 where the owner or the tenant. In the case of vacant buildings or vacant portions of a building, or in the case of occupancy in whole or 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.

Owner means the person owning the building or premises.

Person means an individual, firm, partnership, association, public or private institution, municipality, political subdivision of the state, governmental agency or public or private corporation.

Premises means a parcel of real property, including all buildings and structures located thereon.

Pupa means 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.

Tire means the continuous covering for the wheel of a vehicle usually made of rubber reinforced with cords of nylon, fiberglass or other material.

(c)

General provisions. All premises within the city shall be maintained in such a manner as to prevent the breeding of mosquitoes on the premises. Artificial containers, tires, ditches, streams, flooded areas, abandoned swimming pools and all other such sources of standing water or other liquid where mosquitoes are breeding, shall be removed, drained, treated or altered, maintained or otherwise eliminated by the person occupying the premises, or in the absence of an occupant, by the owner, within seventy-two (72) hours after discovering or being informed of the evidence of mosquito breeding on the premises.

(d)

Methods of treating mosquito breeding sources. Breeding sources for mosquitoes shall be eliminated or treated by one or more of the following methods:

(1)

Filling, draining, removing, or otherwise eliminating the breeding source.

(2)

Completely emptying the breeding source of all water at least every seven (7) days. Where an artificial container is a water basin (e.g., swimming pool) designed to hold 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 larvacide.

(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)

Maintain all natural or manmade storm or surface water drain ways in a manner to prevent the pooling of water sufficient to provide breeding for mosquitoes.

(6)

The outside storage of tires, without wheels or other inserts, in areas subject to possible exposure to rain, irrigation, or any other source of water without cover is prohibited.

(e)

Right of entry; inspection. City inspectors shall have the right of entry upon any premises where entry is necessary to carry out the provisions of this section. If consent for entry is not given or obtained, an administrative search and inspection warrant shall be obtained pursuant to G.S. 15-27. However, if an imminent hazard exists, no warrant is required for entry upon the premises.

(f)

Penalties and remedies. Any person who violates any provisions of this section shall be subject to penalties and enforcement as provided in section 1-14 of the City Code.

(Ord. No. 2014-26 , 8-11-14)