San Bernardino County Municipal Code Art. 1 Mosquito, Fly, Rat, and Other Public Health Vector Abatement

The purpose of this Article is to provide for the general public health protection in regards to mosquito, fly, rat, and other public health vector management and abatement.

Pursuant to the authority cited in Chapter 1 of this Environmental Health Code (E.H. Code), and as elsewhere provided in State law, this jurisdiction designates the Department of Environmental Health Services (DEHS) of the County of San Bernardino as the enforcement authority for the purposes of this Article and of the applicable laws and regulations related to public health vector abatement as currently adopted by the State Department of Food and Agriculture and Department of Health Services. This jurisdiction hereby finds and declares that breeding and harborage places for mosquitoes, flies, rats, and other vectors under conditions of known public health significance are public nuisances. DEHS is authorized to assist in epidemiological studies conducted by the San Bernardino County Department of Public Health and other health agencies, to provide education on vector-borne disease and control measures, and otherwise appropriately monitor the status of public health vertebrate and invertebrate vectors within this jurisdiction. Such authority includes the right to reasonably enter upon, without hindrance, any lands to inspect, survey, monitor, or issue notices related to suspected public nuisances.

(Ord. 3105, passed - -1986)

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)

It shall be unlawful for any person or entity to create or allow the existence of a public nuisance as defined in this Article.

(Ord. 3105, passed - -1986)

§§ 33.0904—0910 (Reserved).