§ 13-1. Maintenance of potential mosquito breeding places restricted.

(a)

It shall be unlawful to have, keep, maintain, cause or permit, within the corporate limits of the city, any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collections of water are treated so as to effectually prevent such breeding.

(b)

Any collection of water referred to in paragraph (a) of this section shall be held to be those contained in ditches, pools, ponds, 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 similar water containers.

(c)

The methods of treatment of any collections of water that are specified in paragraph (b) of this section, directed toward the prevention of breeding mosquitoes shall be approved by the accredited health officer and may be any one (1) or more of the following:

(1)

Screening with wire netting of at least sixteen (16) meshes to the inch each way or with 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)

Filtering or draining to the satisfaction of the health officer, his agent or accredited representative.

(7)

Proper disposal, by removal or destruction, of tin cans, tin boxes, broken or empty bottles and similar articles likely to hold water.

(d)

The natural presence of mosquito larvae in standing or running water shall be evidence that mosquitoes are breeding there, and failure to prevent such breeding within three (3) days after notice by the health officer, his authorized agent, or representative, shall be deemed a violation of this section.

(e)

Should the person responsible for conditions giving rise to the breeding of mosquitoes fail or refuse to take necessary measures to prevent the same, within three (3) days after due notice has been given to them, the health officer, or his authorized agent, is hereby authorized to do so, and all necessary cost incurred by him for this purpose shall be a charge against the property owner or other person offending as the case may be.

(f)

For the purpose of enforcing the provisions of this section, the health officer, or his duly accredited agent, acting under his authority, may at all reasonable times enter in and upon any premises within his jurisdiction; and any person charged with any of the duties imposed by this section failing within the time designated by this section or within the time stated in the notice of the health officer, as the case may be, to perform such duties, or to carry out the necessary measures to the satisfaction of the health officer, shall be deemed guilty of violation of this section, and for each day after the expiration of this time that such person fails to comply with this section shall be deemed guilty of a separate violation of this section.

(g)

Any person who shall violate any provision of this section shall on each conviction be subject to punishment as provided in section 1-8 of this Code.

(Ord. of 3-2-20, §§ 1—7)

State law reference

Mosquito control, MCA 1972, § 41-27-1 et seq.