The definitions provided in Chapter 1 of this E.H. Code shall apply to this Article except that:
PUBLIC NUISANCE. For the purposes of this Article means any of the following:
(1) (A) Any breeding place for mosquitoes, flies, rats, or other vectors of public health importance which exists by reason of any use made of the land on which it is found, or of any artificial change in its natural condition. Presence of immature arthropods of public health importance shall constitute prima facie evidence that a place is a breeding place for arthropods. The presence of rodent droppings, trails, or evidence of feeding activity, shall constitute prima facie evidence that a place is a breeding place for rats.
(B) Where DEHS determines than an agricultural operation is growing or processing crops or raising fowl or animals in a manner consistent with proper and accepted practices and standards, and employing measures for rat control, for fly control, for manure management, removal, and disposal, and for disposal of agricultural crop waste, which prevent excessive domestic fly larval development and excessive adult fly emergence on the property, and excessive rat population, then that place shall not be deemed a public nuisance.
(C) As used in this Subdivision,
EXCESSIVE means the presence of domestic flies and rats associated with agricultural operations, which do all of the following:
(I) Occur in immature stages and as adults in numbers considerably in excess of those found in the surrounding environment;
(II) Are associated with the design, layout, and management of agricultural operations;
(III) Disseminate widely from the property;
(IV) Cause detrimental effects on the public health and well-being of a majority of the surrounding population.
(2) Water which is a breeding place for mosquitoes, flies, or other arthropods of public health importance.
VECTOR. Any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, fleas, ticks, mites, and rats, but not including any domesticated animal.
(Ord. 3105, passed - -1986)