(a) It shall be unlawful 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.
(b) Any collections of water considered in paragraph (a) 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 livestock troughs in frequent use), urns, cans, boxes, bottles, tubs, buckets, defective house roof gutters, automobile tires, tanks, or flush closets, or other similar water containers.
(c) The natural presence of mosquito larvae in standing or running water shall be deemed sufficient evidence to assume that mosquitoes are breeding there and failure to prevent such breeding within three (3) days after due notice has been given by the health officer shall constitute a violation of this section.
(d) The methods of treatment of collections of water directed toward the prevention of breeding of mosquitoes shall be approved by the health officer and shall be one 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 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 larvacide approved by and applied under the direction of the health officer of the city;
(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 of the city or his authorized representative; and/or
(7) Proper removal or destruction of tin cans, tin boxes, broken or empty bottles, and similar containers likely to hold water.
(e) Should the person responsible for conditions giving rise to the breeding of mosquitoes fail or refuse to take measures necessary to prevent the same within three (3) days after due notice has been given him by the health officer of the city or his authorized agent, the city is authorized to do so, and all necessary costs incurred by the city for this purpose shall be levied as a lien against the property.
(f) For the purpose of enforcing the provisions of this article, the health officer or his duly accredited agent acting under his authority may at all reasonable time enter in and upon any premises within his jurisdiction, and any person charged with any of his duties imposed by this article failing within the time designated by this article 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.
Editor's note:
State law reference - Municipal authority to fill, drain, and regulate any place containing stagnant water or any other condition that may produce disease is found in V.T.C.A., Health & Safety, § 342.001.