HomeMy WebLinkAboutORD 378 2009 0701ORDINANCE NO. 378
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 8.48, PROPERTY
MAINTENANCE, OF TITLE 8, HEALTH AND SAFETY, OF
THE MOORPARK MUNICIPAL CODE BY AMENDING
SECTION 8.48.020, TO ADD CERTAIN VECTOR RELATED
CONDITIONS TO THE DEFINITION OF "PUBLIC
NUISANCE"
WHEREAS, Chapter 8.48 of Title 8 of the Moorpark Municipal Code sets
forth requirements for the Health and Safety of residents of the City of Moorpark;
and
WHEREAS, within the City of Moorpark, vector related disease including
but not limited to West Nile virus (WNV), Saint Louis encephalitis virus (SLEV),
and /or western equine encephalomyelitis virus (WEEV) are creating an increased
risk to public health, in part due to increasing numbers of foreclosures and
abandoned or neglected pools, spas, or standing water on private properties; and
WHEREAS, rodents, flies, and other nuisance and potential vector species
have the ability to cause a state of discomfort and transmit various diseases to
humans and other animals; and
WHEREAS, mosquitoes have the ability to transmit WNV, SLEV, and
WEEV as well as other vector borne pathogens to humans and other animals; and
WHEREAS, appropriate and timely response to surveillance of public
nuisance conditions are key to preventing human and animal diseases associated
with arthropod -borne viruses meaning immediate and effective abatement of the
public nuisance condition is necessary to prevent spread of disease; and
WHEREAS, each occurrence of standing water, or neglected pool or spa, is
capable of breeding thousands of vector mosquitoes and other vectors that pose a
potential health threat to the community; and
WHEREAS, the control measures to be utilized on said standing water or
neglected pool or spa shall include application of one or more of the registered
public health control products that belongs to biorational or microbial group of
products.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.48, Property Maintenance, Title 8, Health and
Safety, shall be amended by adding Section 8.48.020, Subsection Q as follows:
Ordinance No. 378
Page 2
"Q. Any property or any water, including water that has been
artificially altered from its natural condition, which supports
the development, attraction, or harborage of vectors or is a
breeding place for vectors. "Vector" as used herein means
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, mites,
ticks, other arthropods, and other vertebrates."
SECTION 2. If any section, subsection, sentence, clause, phrase, part of
portion of this Ordinance is for any reason held to be invalid or unconstitutional by
any court of competent jurisdiction such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council declares that it would have
adopted this Ordinance and each section, subsection, sentence, clauses, phases,
part of portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be declared invalid or
unconstitutional.
SECTION 3. The Ordinance shall become effective thirty (30) days after
its passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of
this ordinance, shall enter this ordinance in the book of original ordinances of the
City of Moorpark, shall make a minute of the passage and adoption thereof in the
records of the proceedings of the City Council at which the same is passed and
adopted, and shall, within fifteen (15) days after passage and adoption thereof,
cause the same to be published once in the Moorpark Star, a daily newspaper of
the general circulation, as defined in Section 6008 of the Government Code, for
the City of Moorpark, and which is hereby designed for the purpose.
PASSED AND ADOPTED the 1 st day of July, 2009.
J Mayor
ATTEST:
Deborah S. TraffenstedYTity Clerk
Ordinance No. 378
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 378 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 1 st
day of July, 2009, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 15th day of July, 2009.
Deborah S. Traffenst t, City Clerk
(seal)