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Ord 206-37 ORDINANCE NO.~ mN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDa, FOR THE CONTROL i~D ELIHINATION OF MOS~UITOmS KN~ %~ITHIN THE TERRITORIAL LIMITS OF THE CITY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS 0RDIN~NCE. BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF DELR~Y BEACH, FLORIDA: SECTION 1. It shall be unlawful for any person to nave, keep maintain, cause, or permit within the corporate limits of Delray IBeach, Florida 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 effectually to prevent such breeding. S~. Collections of uater in which mosquitoes breed or are likely to breed are t~ose contained in ditc~es, ponds, pools, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, defective house roof gutters, tanks of flush closets, or other similar water container. S~. The natural presence of mosquito larvae in stand- ing or running water shall be evidence that mosquitoes are breedi there. ~ON.~'4. Uollections of water in which mosquitoes breed or are likely to breed shall be treated by such one or more of the following methods as shall be approved by the Health Officer and/~.r Chief of Police, or his lawful subordinate. (a) Ocreening with wire netting of at least 16 meshes to the inch each way, or any other material which will effectually ~pre~nt the ingress or egress of mosquitoes. (b) Complete emptying every seven days of unscreened con- tainers, together with their thorough drying or cleaning. (c) Using a larvicide approved and applied under the direc- tion of the Health ufficer and/or Chief of Police, or his lawful subordinate. (d) Covering completely the surface of the water with kero- sene, petroleum, or paraffin oil once every seven ~ys. (e) Cleaning and keeping sufficiently free of vegetable growth !iand other obstructions, and stocking with mosquito destroying fish (f) Filling or draining to the satisfaction of the Health Officer and/or Chief of Police, or his lawful subordinate. (g) Proper disposal, by removal or destruction, of tin cans, tin boxes, broken or empty bottles and similar articles likely to i!hold water.~ ~i sE6TION 4' In case the person responsible for the condition ilof premises on which mosquitoes breed or are likely to breed fails or refuses to take necessary measures to prevent their breeding wi'~hin iithree days after notice in writing has been given him by the Healt ufficer and/or Chief of Police, or his subordinate, or witk~n such [onger time after such notice as may be specified in the notice, hhe said person responsible shall be deemed guilty of a violation ifthis aha for after the of three ordinance; eac~l ~ay expiration !~ays from the day on which such notice is given him, or for eac,~ d y i~fter the expiration of the time specified in the notice, as the ~ase may be, that the person responsible fails or refuses to take ~uch measures, the said person responsible shall be deemed guilty cf separate violation of this ordinance, and in each such failure or refusal of the person responsible the Health Officer and/or Chief of Police, or his lawful subordinate, is authorized to ti~e necessary steps to prevent the breeding of mosquitoes, and all necessary costs incurred by the Health Officer and/or Chief of Police, or his lawful subordinate, for that purpose shall be a charge against the person responsible. .f'.."~'~~j~' For the purpose of this ordinance the person resgo sible for the condition of any premises is the person using or occ ~py- lng the same; or, in case no person is using or occupying the prem - ses, the person who by law is entitled to the immediate possession ilof the same; or, in case the premises are used or occupied by two or more tenants of a co~mnon landlord, or from grounds appurtenant to a house occupied by two or more tenants of a co~mmon landlord, then the landlord; each tenant, however, is responsible for that part of tt~e premises which he occupies to the exclusion of the oth.~r iitenants; provided, that, in case the prem!.ses are occupied by a tenant !tunder a yearly or monthly tenancy, or under a lease for not more t ~an la year, or under any lease ~nereby t~e lessor is expressly or im- pliedly obligated to kee9 th~ premises in repair, and the collec- lttion of standing or flowing water in wi~ich mosquitoes breed or are likely to breed is owing to the disrepair of the building, or buili- lings or to any natural quality of the premises, or to any conditio i!tl~at existed at tl~e time when the tenant entered into possession, ~Ito any thing done on the premises by t~e landlord during the ilexistence of the tenancy or leas~, then in suc[~ case, the land- iilord is the person responsible, provided, further, that any per- ilson who has caused to exist on any premises of which h- is uot the ~wner, landlord, occupant, or tenant any collection of water in which mosquitoes breed or are likely to breed is respo~sible, as well as the owner, landlord, tena~t or occupant, as t~e case may b SECTION 6. For the purpose of enforcing the provisions of ta~ s andJor ordinance, the Healt~ officer,/Chief or Police, or his lawful sub-ordinate, may at ail reasonable times enter in and upon any premises within his jurisdiction. ~"~ SECTION 7. Every person who shall violate the provisions of Sections i to 6, inclusive, shall be fined in a smm not exceeding Five Hmndred Dollars ($500.00) or be imprisoned in the City Jail for a period of not exceeding sixty (60) days, or both said fine and imprisonment in the discretion of tae Court, and persistent violators shall be considered operators of a public nuisance and the Court shall have the power to revoke the license of..such violators. PASSED by the City Council, of the City of Delray Beach, Florida, in regular session sitting, this .~ day of December, ~. D. 1937. ~ ~ttest: President of the Council. City Clerk. PASSED on seconded and final reading, this [~_ day of December ~. D. 1937. .attest: - [P~eSident 6'f the Council. City Clerk. EX~INED ~D ~PPROVED this ,~ 5-~" day of ~ ~. D. '~ 193~. Mayor.