ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 13, HEALTH AND SANITATION, ARTICLE XV, VECTOR CONTROL, PROVIDING A STATEMENT OF PURPOSE; PROVIDING DEFINITIONS; PROHIBITING COLLECTION OF WATER; PROVIDING FOR THE ELIMINATION AND TREATING OF MOSQUITO BREEDING SOURCES; PROHIBITING AND REGULATING TIRE STORAGE; PROHIBITING NUISANCES; PROVIDING FOR RIGHT OF ENTRY; PROVIDING FOR SEARCH WARRANTS; PROVIDING FOR INJUNCTIONS; MAKING THIS ORDINANCE CUMULATIVE; CONTAINING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A PENALTY CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1: That Article XV of Chapter 13 of the official code of the City of Grand Prairie, Texas is hereby amended to read as follows: SECTION 13-329. Statement of Purpose. ARTICLE XV. VECTOR CONTROL It is the purpose of this article to promote the public s health, safety and general welfare, and to control and reduce the mosquito and rodent population through an Integrated Pest Management Program which includes a Threshold Action Plan. Adulticiding shall be performed following triggers established in the City s Threshold Action Plan that follows recommendations from the Center for Disease Control, Texas Department of State Health Services, and the Dallas County Health and Human Services. This may be accomplished through the processes of public education information, monitoring, larviciding, and adulticiding and by administrative and judicial proceedings. These procedures may be implemented for the purpose of controlling the breeding and harborage of mosquitoes and rodents. SECTION 13-330. Definitions. When used in the context of this article, the following definitions shall apply:
Artificial container: any bucket, barrel, tire, bottle, tub, tank, gutter, bird bath, swimming pool, ornament pond, rain water collection devices, flower pot, jar, or any other such man-made item capable of collecting water. Adulticiding: application of insecticides to kill adult mosquitoes. Breeding source: any area capable of sustaining the reproduction of mosquitoes or rodents including but not limited to: ditches, depressions, troughs, holes, excavations, barrels, cesspools, and all places where water collects and remains stagnant. Evidence of Mosquito Breeding: the natural presence of mosquito larva, pupa, or their remains. Harborage: shelter or refuge for mosquitoes or rodents Infestation: to inhabit or overrun in numbers or quantities large enough to be harmful, threatening, or obnoxious. Integrated Pest Management (IPM): an effective and environmentally sensitive approach to pest management. IPM programs use current, comprehensive information on the life cycles of pests and their interaction with the environment. This information, in combination with available pest control methods, is used to manage pest damage by the most economical means, and with the least possible hazard to people, property, and the environment. Larva: the immature, fully aquatic stage of mosquito development in which the insect appears as a small, wingless, worm-like form. Larvacide: a chemical or biological agent which kills or prevents the reproduction of mosquito larvae. Mosquito: a small long legged, two winged insect of the family Culicidae, in which the female of the species is distinguished by a long proboscis for sucking blood. Occupant: 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 whether the owner or tenant. In the case of vacant buildings or vacant portions of a building, and 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 the responsibility of an occupant of such building. Owner: the person owning the building or premises. Person: individuals, firms, partnerships, associations, public or private institutions, municipalities, political subdivisions of the City of Grand Prairie, governmental agencies and public and private corporations.
Premises: a parcel of real property, including all buildings and structures located thereon. Regulatory authority: any municipal officer, employee, or department of the City appointed by the city manager to administer this article. Rodent: a mammal of the order Rodentia, such as a mouse, rat, or beaver, having large incisors adapted for gnawing. Swimming pool: sunbathe. a water-filled structure in which people can swim, wade, or Threshold Action Plan: a written action in an IPM plan that presents a clear statement of intentions before a pest event occurs. Tire: continuous covering for the wheel of a vehicle usually made of rubber reinforced with cords of nylon, fiberglass or other material. SECTION 13-331. Collection of water prohibited. It shall be unlawful for the owner or occupant of any lot or premise within the city to cause or permit the accumulation or collection of any stagnant or flowing water in which mosquitoes breed or which may become a breeding place for mosquitoes or any other accumulation of stagnant waters except when treated or protected as herein provided. The collections of water to which the provisions of this section shall apply include, but are not limited to swimming pools, spas, hot tubs, ornamental ponds, bird baths, artificial containers, natural or man-made storm water conveyances, natural or man-made ponds/detention ponds/retention ponds, tire ruts, loading docks, and other depressions that collect water. SECTION 13-332. Eliminating and Treating Mosquito Breeding Sources. The owner and occupant shall maintain all properties in such a manner as to prevent the breeding of mosquitoes on the premises at all times. Breeding sources for mosquitoes shall be eliminated or treated by one or more of the following methods. (a) (b) water. Filling, draining, removing, or otherwise eliminating the breeding source. Completely emptying the breeding sources (e.g. artificial containers) of standing (c) Maintaining swimming pools/spas in accordance with the State Department of Health Services State Regulatory Authority s Swimming Pool/Spa Standards and all applicable city ordinances.
(d) Treating the breeding source with an effective larvacide/adulticide approved by the regulatory authority. (e) Cleaning and keeping the breeding source sufficiently free of vegetative growth and other obstructions, and stocking with mosquito-destroying fish. The absence of halfgrown or older larvae shall be evidence of compliance with this measure. (f) Maintenance of detention and retention ponds to be operated in accordance with the design. (g) Maintaining property as to prevent the ponding of water through filling, draining, or regarding. (fh) Other methods proven to be effective in controlling mosquitoes as approved by the regulatory authority. SECTION 13-333. Tire Storage. (a) 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 is prohibited. Tires shall be stored in an enclosed or roofed structure. (b) All used/scrapped tires shall be discarded in accordance with state regulations. The owner or occupant must maintain manifests for proper tire disposal on site as required by the state of Texas. SECTION 13-334. Rodent Control. (a) Grounds, buildings and structures shall be maintained free of rodent harborage and infestation. Extermination methods and other measures to control rodents shall conform to the requirements of the federal and state regulations. (b) Storage of materials, such as construction material, shall be maintained as to prevent rodent harborage. SECTION 13-335. Nuisances Prohibited. It is a violation for any person to permit or allow on any premises each of the following public health nuisances and may be subject to enforcement actions up to and including legal court proceedings: (a) Accumulation of trash, food waste, rubbish, boxes, or other un-containerized waste materials that may attract or harbor insects or rodents. (b) An object, place, or condition that is a possible or probable medium of disease transmission to or between humans.
(c) Detention ponds or other flood control structures that are areas causing mosquito breeding and harborage. (d) Not maintaining swimming pools with adequate chlorine and/or circulation to prevent the possibility of the breeding of mosquitos. (e) Not maintaining rain water collection devices, property, or grounds in such a matter as to prevent the possibility of the breeding of mosquitos. (f) The accumulation or ponding of standing, stagnant, or non-maintained water, which may harbor or be a greeding ground for mosquitos, flies, or other pests. SECTION 13-336. Right of Entry/Complaint Investigation. The regulatory authority shall have the right of entry upon any premises where entry is necessary to carry out the provisions of this ordinance; to enter the premises of any person to determine whether that person is in compliance with all requirements of this article. However, if an imminent health hazard exists, no warrant is required for entry upon the premises. Where security measures are in force requiring proper identification and clearance before entry into the premises, that person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the regulatory authority will be permitted to enter without delay. SECTION 13-337. Abatement of Nuisance. (a) In the event that an owner shall fail to comply with this article, the regulatory authority may notify such owner. by letter addressed to such owner at such owner s residential, post office, or other address. The notification shall contain in brief terms the condition or conditions which exist on such owner s premises which fail to comply with this article. After issuance and receipt of the notification, the city may enter upon such premises and may do such work as necessary, or cause the same to be done, to abate the unlawful condition of the premises in order that the premises may comply with the requirements of this article. A statement of the cost incurred by the city to abate such conditions shall be mailed to the owner of the premises and the owner shall pay such statement within thirty (30) days of the date of the mailing of the statement of costs. (b) In the event that an owner shall have an imminent health hazard, the regulatory authority, or their designees, may enter upon such premises and may do such work necessary, or may cause the same to be done, to abate the condition in order that the premises may comply with the requirements of this article. For the purposes of this section, imminent health hazard shall be defined as any condition or conditions which are or reasonably could be an immediate threat to the health, safety or welfare of the citizens of the city or if a vector borne disease has been identified in humans or vector populations in the region. A statement of the cost incurred by the city to abate such
condition shall be mailed to the owner of the premises and the owner shall pay such statement within thirty (30) days of the date of the mailing of the statement of costs. (c) Failure to pay such fees will result in the application of a lien processed through the county. (d) If a property is vacant, foreclosed, or otherwise appears to be without tenants, the City shall have the right to enter the premises and abate the nuisance. A statement of the cost incurred for such treatment must be paid within thirty (30) days of the date of mailing or a lien shall be processed by the City. SECTION 13-338. Penalty- For Violations, Other Remedies. (a) Any person who violates any provision of this article is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation. (b) Any person who obstructs, impedes, or interferes with a representative of the City, with a representative of a City department, with surveillance equipment, or with a person who has been ordered to abate a situation pursuant to this article and who is lawfully engaged in such abatement is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation. (c) In addition to proceeding under authority of subsections (a) and (b) of this section, the City is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person, firm, or corporation that remains in violation of this article. Sec. 13-339. Search Warrants. If the Regulatory Authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Regulatory Authority may seek issuance of a search warrant from the appropriate court. SECTION 13-340. Warning and Disclaimer of Liability. The degree of protection of the local community's public health is considered reasonable for regulatory purposes and is based on scientific considerations along with best professional judgment.
This ordinance shall not create liability on the part of the community or any official or employee thereof for any damages that result from reliance on this ordinance or any administrative decision lawfully made there under. SECTION 13-341. Administrative Liability. (a) No officer, agent, or employee of the City shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such person's duties under this article. (b) Any suit brought against any officer, agent, or employee of the City as a result of any act required or permitted in this discharge of such duties under this article shall be defended by the City Attorney until the final determination of the proceedings therein. SECTION 2: That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct and independent provision and such holding shall not affect validity of the remaining portions thereof. SECTION 3: That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4: All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any members of the City Council or any City officials or employees charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of their duties, shall not thereby render themselves personally liable; and are hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of said duties. SECTION 5: That this ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND DAY OF APRIL, 2013. APPROVED: Mayor ATTEST: APPROVED AS TO FORM:
City Secretary City Attorney