The following provisions shall apply to effectively control mosquitoes primarily to help prevent and/or control the inception and spread of the west nile virus:
A. Storm Water Detention/Retention Ponds: Individual property owners, or any person, firm, corporation, agent, subdivider or association having a legal or equitable interest in a property on which a storm water detention/retention pond is located shall be responsible for disease vector control, specifically the control of mosquitoes in the pond. A control program may involve such things as the use of approved chemical sprays (pesticides), reducing or removing vegetation or debris that may harbor mosquitoes, removing the standing water, aeration of the pond water, or other approved methods. A control program must be implemented where water has been standing more than five (5) days.
B. Sources Of Standing Water On Private Property: Storm water detention/retention ponds excepted, all property owners, or any person, firm, corporation, agent, subdivider or association having a legal or equitable interest in any property in the city of Deming shall be responsible for removing or eliminating sources of standing water on the property in which he/she/they/it has/have an interest. Such removal or elimination may involve actions such as: the filling of holes on the site, proper disposal of old metal or plastic containers, proper disposal of old tires, elimination of seepage from cisterns or septic tanks, regular changes of water in bird baths, aerating ornamental ponds or pools, keeping the water in evaporation coolers clean, cleaning outside drains regularly, the removal of vegetation or debris that may harbor mosquitoes, or the use of approved chemical sprays (pesticides).
It is important to note that no chemical spray (pesticide) is one hundred percent (100%) safe and great care is to be exercised in the use of any pesticide. The "instruction for use" labels on any pesticide should be read and followed exactly and carefully. No pesticide spray is to be used on any day with any appreciable wind capable of carrying the spray beyond the boundaries of an individual property.
C. Removal Of Standing Water On Private Property: All property owners, or any person, firm, corporation, agent, subdivider or association having a legal or equitable interest in any property in the city of Deming shall be responsible for removing, eliminating, or treating any water that has been standing more than five (5) days on the property in which he/she/they/it has/have an interest.
D. Enforcement: The provisions of this chapter shall be administered and enforced by the city code enforcement officer.
E. Penalty: Any person violating any of the provisions of this chapter, shall be punished as provided in section 1-4-1 of this code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1085, 6-14-2004)