Alameda County Municipal Code Ch. 6.32 Fly Control

The board of supervisors does hereby find and declare as follows:

A. That putrescible waste is a breeding and attraction media for flies; a source of food and harborage for rodents; and a source of unreasonable odors when allowed to accumulate, or when disposed of improperly;

B. That putrescible waste resulting from the keeping of certain animals on premises located in the unincorporated area has been found to greatly contribute to the production of files and rodents, which cause unsightliness by their presence as well as resulting in the depreciation of property values and in the reduction of the comfortable enjoyment of life;

C. That putrescible waste found in certain unincorporated areas of the county where there is a denser concentration of population poses a more serious threat to the health, safety, and general welfare of the people of the county;

D. That it is necessary to accomplish the object and purposes of this chapter, that the county health officer and other authorized agents be clothed with sufficient authority to enable them to deal with the conditions affecting the public health and safety as such conditions change or arise and to meet emergency situations in a prompt and efficient manner and that they be vested with and exercise discretion in the execution of the provisions of this chapter.

(Prior gen. code § 3-91.0)

It is hereby declared to be in the public interest that the accumulation and disposal of putrescible waste in the unincorporated area of the county be handled in such a manner so as to prohibit or control the harboring and breeding of flies and rodents; so as to prevent unsightliness resulting in the depreciation of property values; and so as to promote the comfortable enjoyment of life.

(Prior gen. code § 3-93.0)

The purpose and objectives of this chapter are to accomplish the foregoing results, and the provisions thereof shall be liberally construed so as to give the full effect to the fulfillment of such purposes and objectives.

(Prior gen. code § 3-93.1)

"Abatement" includes demolition, removal, repair, maintenance, construction, reconstruction, replacement, and reconditioning of structures, appliances or equipment; removal, transportation, disposal and treatment of putrescible waste or other substance of media capable of harboring, breeding, or attracting flies and rodents or producing unreasonable odors, and the application of chemical, biological, or mechanical means to control, eradicate and, eliminate sources, causes or conditions conducive to a fly nuisance, rodent infestation or unreasonable odor.

"Fly nuisance" means any place, condition, process or operation where by reason of the conduct, misconduct, neglect, failure or refusal of anyone, there is created or continues to exist the production of flies or fly larvae or pupae.

"Person" includes any person, firm, association, organization, partnership, business trust, joint venture, corporation or company and includes the United States, the state of California, the county of Alameda, cities, districts, and any officer or agency thereof.

"Poultry" includes chickens, turkeys, ducks, game birds, pigeons, pheasants or any other similar fowl.

"Putrescible waste" means any matter, solid or liquid, which is capable of serving as a breeding media for flies; as a source of food for rodents; or the production of unreasonable odors, and shall include, but not be limited to, the terms waste, refuse, garbage, rubbish, industrial waste, and commercial garbage as defined in Section 6.40.050 of this code. Putrescible waste shall include animal and poultry manure.

(Prior gen. code §§ 3-95.0—3-95.4)

Every person possessing or occupying any dwelling unit where waste, refuse, garbage or rubbish (including industrial waste or commercial garbage) is produced or accumulated shall provide and maintain on the premises suitable containers of sufficient capacity, and shall store therein waste accumulated during intervals between collection or disposal. Any person owning or maintaining any other premises, excepting an approved disposal site and farming operation in an A-2 district (general agriculture zone) where waste, refuse, garbage, industrial waste, commercial garbage or rubbish is produced or accumulated, shall provide and maintain on the premises suitable containers of sufficient capacity, and shall store therein waste accumulated during the intervals between collection or disposal.

(Prior gen. code § 3-97.0)

Except as otherwise provided in Section 5.12.100 of this code, all garbage or commercial garbage created, produced or accumulated in or about all dwelling units, and every industrial, commercial or business structure or premises shall be removed from such premises at least weekly and disposed of at an approved disposal site.

(Prior gen. code § 3-97.1)

No person shall create, allow, or maintain a fly nuisance; nor knowingly allow waste to become a harborage, attractant or food source for rodents, or result in unreasonable production of odors resulting in the depreciation of adjacent property or comfortable enjoyment of life thereon. Upon knowledge of such fly nuisance, rodent infestation or unreasonable odor production, or after having received a written abatement order from the county health officer, said person shall at once proceed and continue in good faith with the abatement of such fly nuisance or control and elimination of rodents or source of unreasonable odor.

(Prior gen. code § 3-97.2)

The county health officer may upon reasonable cause to believe that fly or odor nuisance, or rodent infestation exists, investigate conditions productive of flies, fly larvae, pupae, rodents or odor. He shall have the power while in the performance of his duty to enter upon any premises to discover, or to inspect any thing or condition which is productive or susceptible to the production of flies, unreasonable odors or rodents. A copy of the inspection report shall be given to any registrant. If he determines that a fly nuisance, production of unreasonable odor, or rodent infestation exists he may issue a written order requiring abatement.

(Prior gen. code § 3-97.3)

Any person upon whom an order to abate is served who fails, refuses or neglects to obey any provision of the order; or any person who violates any of the provisions of this chapter is guilty of a misdemeanor and shall be punishable by a fine of not exceeding five hundred dollars ($500.00), or by imprisonment in the county jail not exceeding six months, or by both.

(Prior gen. code § 3-105.0)