Anaheim Municipal Code Ch. 6.60 Flies

Any breeding place of flies within the City which exists by reason of any condition or use made of land, organic plant waste, animal material or any other substance whatsoever, or the deposit or storage thereof, is hereby declared to be a public nuisance. (Ord. 1469 § 1 (part); April 21, 1960.)

Every person owning or occupying premises where manure accumulates shall use adequate measures to prevent such premises from becoming a breeding place of flies including removal of such manure from the premises once each week if necessary.

Removal of such manure from the premises once each week shall be mandatory where the owner or person in charge of a premises demonstrates a failure or inability to control the breeding of flies while such manure remains on the premises. Where a place has been determined by inspection to be a breeding place of flies on three separate occasions within ninety days, or four separate occasions within twelve months, such finding shall be conclusive that the owner or persons in charge of the premises has failed and is unable to control fly breeding while manure remains on the premises and thereafter the owner or person in charge of such premises shall remove all manure once each week from such premises. (Ord. 1712 § 1 (part); May 15, 1962.)

It shall be unlawful for any person to remove from the premises where produced and place animal manures, vegetable culls or any other organic matter containing fly breeding on any land for the purpose of fertilizing or enriching the soil, or for storage, or any other purpose. (Ord. 1712 § 1 (part); May 15, 1962.)

For the purposes of routine inspection, or whenever the Orange County Mosquito Abatement District is informed or has reasonable cause to believe that there is a breeding place of flies, as set forth in Section 6.60.010, on any premises within the City, it shall be the duty of authorized deputies or inspectors from the Orange County Mosquito Abatement District to enter upon such premises in the daytime after displaying proper identification and after demanding entry thereon, and determine whether there is an existing breeding place of flies thereon. Any record owner or any person occupying or otherwise in control or possession of such premises who, after such display and demand, refuses or wilfully delays to permit such officer or officers to enter or inspect such premises is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding fifty dollars, or by imprisonment in the County Jail for not over five days, or by both such fine and imprisonment. (Ord. 3469 § 2 (part); October 7, 1975.)

The nuisance set forth in Section 6.60.010 may be abated in any action or proceeding, or by any remedy, provided by law. (Ord. 1469 § 1 (part); April 21, 1960.)

Any remedy provided in this chapter for the abatement of a nuisance is in addition to any other remedy provided by law. (Ord. 1469 § 1 (part); April 21, 1960.)

Whenever the nuisance specified in Section 6.60.010 exists upon any premises within the City, the Orange County Mosquito Abatement District shall notify, in writing, the record owner or person occupying or otherwise in control or possession of such premises of the existence of the nuisance. The notice shall direct that the person or persons to whom the notice is directed shall, within a specified time, abate the nuisance and perform all work necessary, including the extermination of adult flies and the control of fly breeding, to prevent the recurrence of such nuisance on the premises specified in the notice. The notice shall be served upon the owner or the person occupying or otherwise in control or possession of the premises upon which the nuisance exists, or upon the agent of either. Such notice may be served by any person authorized by the Orange County Mosquito Abatement District in the same manner as a summons in a civil action. (Ord. 3469 § 2 (part); October 7, 1975.)

Any record owner or any person occupying or otherwise in control or possession of any premises upon which there exists a breeding place of flies who, after service upon him of the written notice from the Orange County Mosquito Abatement District, as set forth in Section 6.60.050, refuses or neglects to abate such nuisance or to perform all work necessary, including the extermination of adult flies and the control of fly breeding, to prevent its recurrence in accordance with and within the time specified in such written notice, and any person or record owner who fails to remove all manure from the premises as and when required by Section 6.60.011, and any person placing fly breeding matter on land as prohibited by Section 6.60.012, shall be guilty of a misdemeanor and upon conviction thereof shall be punished in the manner provided in Section 1.01.370. (Ord. 3469 § 2 (part); October 7, 1975: Ord. 5618 § 13; October 21, 1997.)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the constitutionality or validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and each section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, paragraphs, sentences, clauses or phrases thereof be declared unconstitutional or invalid. (Ord. 1469 § 1 (part); April 21, 1960.)