Fremont Municipal Code Art. I In General

This chapter may be referred to and cited as the “fly, rodent and odor control ordinance” of the city of Fremont. (Ord. 689 § 7. 1990 Code § 4-3100.)

It is hereby declared to be in the public interest that the accumulation and disposal of putrescible waste in the city of Fremont be handled in such a manner so as to prohibit or control the harboring and breeding of flies and rodents; so as to prohibit or control the production of unreasonable odors; so as to prevent unsightliness resulting in the depreciation of property values and so as to promote the comfortable enjoyment of life. (Ord. 689 § 7. 1990 Code § 4-3101.)

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 full effect to the fulfillment of such purposes and objectives. (Ord. 689 § 7. 1990 Code § 4-3102.)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Abatement” means 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, rodent or odor nuisance.

“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.

“Odor 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 unreasonable odor.

“Person” means 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, the city of Fremont, cities, districts, other governmental agencies and entities and any officer or agency thereof.

“Poultry” means 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 “landscape debris,” “municipal solid waste,” and “organics,” as defined in the garbage and waste disposal ordinance of the city (Section 8.40.040). “Putrescible waste” includes animal and poultry manure.

“Rodent 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 or attraction of rodents. (Ord. 689 § 7. 1990 Code § 4-3103.)