Vector Control/Mosquitoes

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Diseases carried by mosquitoes, rodents and other pests are in the news frequently: the West Nile virus, most often transmitted by mosquitoes, and Hantavirus, an often-fatal respiratory disease linked to exposure to infected mice, are a few. While these diseases are rarely fatal, there are several steps we can take to reduce the chances of illness in our towns and villages. Ordinances on vector control (rodents, insects, vermin, etc.) are intended to prevent conditions that contribute to the harborage of these disease-carrying critters and include regulations on property maintenance, such as deposit of garbage and refuse; storage of refuse and other materials; standing water in bird baths, old tires and other areas of stagnant water; and storage and disposal of tires. Vectorproofing requirements are also covered. In addition to inspection and enforcement provisions, the responsibilities of owners and occupants are set forth. If your municipality does not have vector control regulations in place, and you're interested in this type of legislation, read on...

Forks, Twp. PA: Ch. 189 Maple Shade, Twp. NJ: Ch. 125 Lower Allen, Twp. PA: Ch. 206 Order On-Line!

[HISTORY: Adopted by the Board of Supervisors of the Township of Forks at time of adoption of code (see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]

Animals -- See Ch. 54.
Junk and junkyards -- See Ch. 107.

§ 189-1. Title.

§ 189-2. Purpose.

1. Preventing or controlling the spread of vectorborne disease.
2. Averting the blighting affects which the presence of vector infestation places on an affected neighborhood, including undermining the desirability of housing, causing decline in property value and contributing to the image of an environmentally unfit area.
3. Facilitating the services of the Joint Vector Control Program staff by making more uniform municipal regulations concerning vector control.

§ 189-3. Definitions.

EXTERMINATION -- The control and elimination of vectors by eliminating harborage areas, by removing food sources or making them inaccessible, by poisoning, spraying, fumigating, trapping or any other legal vector elimination method which is not injurious to human health or the safety of domestic animals.

GARBAGE -- The animal and/or vegetable waste resulting from the handling, preparation, cooking, serving or nonconsumption of food.

INFESTATION -- The presence of vectors within or contiguous to a structure or premises.

INSPECTION OFFICER -- The Municipal Health Inspector, a staff member of the Joint Vector Control Program and/or any other persons authorized, in writing, by the governing body of the Township of Forks to conduct inspection and administrative procedures to enforce the provisions of this chapter.

JUNK -- All large items of rubbish, including but not limited to:

1. Nonoperable automobiles.
2. Nonoperable appliances, such as refrigerators or stoves.
3. Scrap metal.

OCCUPANT -- Any person living, sleeping, cooking or eating in or actually having possession of a dwelling unit or a rooming unit, except that in dwelling units a temporary guest will not be considered an occupant.

OWNER -- Any person who, alone or joint-severally with others:

1. Shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
2. Shall have charge, care or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee, assignee of rents or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he were the owner.

PERSON -- Any individual, business, firm, corporation, association or partnership.

PREMISES -- All areas of a property, including all interior, exterior, grounds and yard spaces.

RUBBISH -- Solid wastes other than garbage, consisting of either:

1. Combustible wastes, such as paper, cardboard, plastic, yard clippings and wood; or
2. Noncombustible wastes, such as metal, glass and crockery.

STRUCTURE -- Any man-made construction or building which is located on any part of the premises.

URBANIZED AREA -- Any area which is located within 1,000 feet of either:

1. Any structure which is designed for human occupancy for any purpose, be it residential, business or leisure time, at any time of the day or night; or
2. A public or privately owned outdoor recreation site.

VECTOR -- An organism which, either directly or indirectly, via microorganisms which it carries, can transmit disease to man. For the purposes of this chapter, the term "vector" shall ordinarily but not exclusively refer to rodent, insect or vermin species.

VECTOR HARBORAGE or VECTOR SOURCE -- Any area, interior or exterior, where vectors can live, nest, breed or seek any form of shelter.

VECTORPROOF -- Describing a form of construction which prevents the ingress or egress of vectors to and from a given space or structure or which prevents vectors from gaining access to food, water or harborage.

§ 189-4. Inspection procedures.

1. Inspection procedures shall be conducted by the Inspection Officer.
2. The Inspection Officer shall be empowered to inspect any structure or premises in the Township of Forks at any reasonable time. The Inspection Officer is authorized to conduct the inspection on any part of the premises, including any interior spaces.
3. In the event that the owner or occupant refuses to permit the Inspection Officer to inspect the premises, the Inspection Officer shall obtain an administrative search warrant from the District Justice of competent jurisdiction authorizing entry to the premises in question.
4. The Inspection Officer shall continue to inspect the premises periodically, as he or she deems necessary, until he or she has certified that the violation has been corrected.
5. The Inspection Officer shall reinspect any premises which has been previously cited for violating the terms of this chapter within 180 days of the date on which the violation has been certified as having been corrected.
6. Inspection of specific types of land uses which are prone to vector harborage shall occur regularly, as indicated below:

(1) Commercial, industrial or institutional establishments in which foodstuffs are sold, handled, processed or stored: semiannual inspection.

(2) Commercial, industrial or institutional establishments in which large quantities of materials must be regularly located in outside storage areas: semiannual inspection.

7. Any owner or occupant within the Township of Forks may issue a complaint requesting action by the Inspection Officer. The complaint must be signed and in writing. The identity of the complainant shall be kept confidential unless otherwise requested by the complainant or a court of competent jurisdiction. Within 15 days of the receipt of the complaint, the Inspection Officer shall indicate, in writing, the action taken on the complaint.

§ 189-5. Notice of violation.

1. When the Inspection Officer has deemed any premises in violation of this chapter, he or she shall issue a written notice of violation to the owner and/or occupant, depending on the nature of the violation, and shall require the owner and/or occupant to correct the cited violation.
2. The written notice of violation shall contain, at a minimum, the following information:

(1) Indicate the address and/or the location of the premises.

(2) Describe all violations, including the date(s) on which they were observed, and indicating where on the premises the violations exist or were practiced.

(3) At the discretion of the Inspection Officer, indicate alternative techniques or practices which are satisfactory to correct the cited violation.

(4) Issue an order to correct and indicate the penalties for noncompliance.

(5) Specify a period of time by which the violation must be corrected.

(6) Carry the signature or a facsimile of the signature of the Inspection Officer.

(7) Indicate the name, office mailing address and office telephone number of the Inspection Officer.

3. The notice of violation shall be served upon the owner of record or the occupant of the structure by any one of the following methods:

(1) Delivering the notice directly to the hands of the owner or occupant or responsible person in his or her household who will sign for him or her; or

(2) Mailing the notice, or a copy thereof, by return-receipt mail to the last known address of the owner or occupant; or

(3) If the letter is returned showing that it cannot be delivered, posting a copy of the notice in a conspicuous place in or about the cited premises.

4. The Inspection Officer shall certify to the correction of the violation cited in the notice. Such certification, at a minimum, shall consist of the Inspection Officer's signature and the date on which the certification is made.

§ 189-6. Violations and penalties.

1. Each day that a violation remains uncorrected after the period stated for correction in the notice of violation shall constitute a separate offense.
2. This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues, or is permitted to continue, shall constitute a separate offense. Each section of this chapter that is violated shall also constitute a separate offense.
3. In cases of extended noncompliance or in cases of a clear and present danger to the health, safety or general welfare of the citizenry, the governing body of the Township of Forks shall be empowered to exercise any of the following actions, subject to adequate notice to the owner of the property:

(1) Order the Inspection Officer to cause the immediate vacancy of the cited premises by any and all individuals. The Inspection Officer shall post in plain view a notice stating "unfit for human occupancy" and requiring the vacancy of said premises until the violation is corrected.

(2) Order the correction of the violation by municipal staff.

(3) Engage a qualified contractor to correct the violation.

(4) Authorize the condemnation and demolition of the cited premises.

4. Reimbursement for municipal costs incurred in the correction of violations or in demolition shall be recouped from the owner and/or occupant in any of the following ways:

(1) Attaching a municipal lien on the cited property;

(2) Civil action against the owner and/or occupant; or

(3) Sale of personalty found on the premises.

§ 189-7. Regulations and requirements.

1. General requirements for all property owners.

(1) The interior and exterior of all premises shall be maintained in a clean and sanitary condition which shall prevent vector harborage.

(2) During construction activities, preventive measures shall be taken which shall preclude vector harborage.

(3) If vectorproofing materials are removed from a structure during structural renovations, these materials shall be comparably replaced.

(4) Upon receipt of a notice of violation, proper techniques of vectorproofing and/or extermination must be taken by the owner to correct the identified violation. If continued reapplication is necessary to correct the problem, the owner shall continue the extermination techniques as determined by the Inspection Officer.

2. General requirements of occupants and lessees.

(1) Every occupant of a dwelling unit or a rooming unit and every lessee of space of a commercial, office or industrial premises shall be responsible to maintain said unit or space in a clean and sanitary condition which shall prevent vector harborage.

(2) Every occupant and lessee shall dispose of all garbage and rubbish in a safe, clean and sanitary manner. Garbage must be temporarily stored prior to its collection for ultimate disposal in a tightly sealed, metal or heavy plastic container designed specifically for this purpose. Garbage may not be stored in plastic garbage bags unless they are placed in an acceptable container as described above. Rubbish must be temporarily stored in a closed container.

(3) An occupant or lessee shall be held responsible for the extermination of vectors rather than the property owner when the unit or space occupied by the occupant or lessee is the only one in which infestation is detected on a multiple-occupancy premises. However, where infestation is found to be a direct result of owner neglect, the owner shall be held responsible for extermination.

(4) Upon receipt of a notice of violation, proper steps must be taken by the occupant or lessee to correct the identified violation. If continued reapplication is necessary to correct the problem, the occupant or lessee shall continue the extermination techniques as determined by the Inspection Officer.

3. Building requirements.

(1) All openings, including any openings for utility lines, must be protected by vectorproof material, such as screening.

(2) The walls, flooring, porches and basements of any structure must be vectorproofed.

(3) Every plumbing and waste pipe shall be properly maintained in good sanitary condition in order to prevent a point of vector harborage on the premises.

4. Yard and grounds requirements.

(1) The exterior spaces of all premises shall be kept free of all accumulated garbage, rubbish and junk.

(2) Firewood stacks shall be raised at least 12 inches above ground level.

(3) Any exterior spaces located in an urbanized area shall be kept free of high grass or weed growth that may serve as a vector harborage.

(4) Any exterior space located in an urbanized area shall be kept free of standing pools of stagnated water that may serve as a vector harborage.

(5) No material, including firewood or building lumber, which may serve as a vector harborage shall be stored or stacked directly against the exterior wall of any structure.

5. Requirements for animal shelters. An animal shelter for more than two animals must be properly and regularly sanitized and fumigated as necessary in order to prevent vector harborage. Feed materials must be stored within vectorproofed, sealed containers or structures inaccessible to vectors.
6. Extermination.

(1) At the time infestation is identified, acceptable techniques of extermination shall be initiated by the person cited in the notice of violation to remove the infestation.

(2) After the extermination is complete, proper precautions shall be taken to prevent reinfestation.

§ 189-8. Word usage.

[HISTORY: Adopted by the Township Council of the Township of Maple Shade 8-2-2000 by Ord. No. 2000-8. Amendments noted where applicable.]

Property maintenance -- See Ch. 152.

§ 125-1. Intent and purpose.

1. Securing and promoting public health and welfare of persons in the Township of Maple Shade.
2. Preventing the spread of disease from mosquito transmission by preventing the prevention of mosquito larvae in pool water that is not maintained properly and in water that accumulates in tires.

§ 125-2. Proper pool maintenance.

§ 125-3. Pool covers.

§ 125-4. Proper storage of tires.

§ 125-5. Unusable tires.

§ 125-6. Enforcement; violations and penalties.

1. Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not less than $50 for the first offense, $100 for the second offense and $150 for the third and subsequent offenses.
2. Separate violations. Each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate violation.
3. It shall be the responsibility of the Municipal Code Enforcement Officer and/or the Burlington County Health Department to enforce this chapter.

[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Allen 6-10-1985 as Art. 745 of the 1985 Code of Ordinances. Amendments noted where applicable.]

Junkyards -- See Ch. 121.
Property maintenance -- See Ch. 162.
Sewers -- See Ch. 175.
Solid waste -- See Ch. 180.
Stormwater management -- See Ch. 184.
Storage of vehicles -- See Ch. 212.

§ 206-1. Definitions.

ACCESSORY STRUCTURE -- A detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on or partially on any premises.

BREEDING AREA -- Any condition which provides the necessary environment for the birth or hatching of vectors.

COLLECTION OF WATER -- Water contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind or other containers or devices which may hold water.

DILAPIDATED -- Fallen into partial ruin or decay.

DISPOSAL -- Includes the storage, collection, disposal or handling of refuse.

DWELLING -- A building or structure used for residential purposes.

DWELLING UNIT -- One or more rooms in a dwelling, which room or rooms have fixed cooking facilities arranged for occupancy by one person, two or more persons living together or one family.

EXTERMINATION -- The control and elimination of vectors by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, fogging larviciding or trapping; or by any other recognized and legal vector control elimination methods approved by the local or state authority having such administrative authority.

GARBAGE -- All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.

HARBORAGE -- Any place where vectors can live, nest or seek shelter.

OCCUPANT -- Any person, over one year of age, living, sleeping, cooking or eating in or actually having possession of a dwelling unit or a rooming unit, except that in dwelling units, a guest will not be considered an occupant.

OWNER -- Any person who, alone or jointly or severally with others:

1. Has legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
2. Has charge, care or control of any premises, dwelling or dwelling unit as owner or agent of the owner or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.

PERSON -- Any natural person, firm, partnership, association, corporation, company or organization of any kind.

REFUSE -- All solid wastes, except body wastes, and shall include garbage, ashes and rubbish.

RUBBISH -- Includes glass, metal, paper, plant growth, wood or nonputrescible solid wastes.

TOWNSHIP OF LOWER ALLEN -- The Board of Commissioners of the Township of Lower Allen, Cumberland County, Pennsylvania.

VECTOR -- A rodent, arthropod or insect capable of transmitting a disease or infection. Vectors shall include but not be limited to rats, mosquitoes, cockroaches, flies, ticks, etc.

VECTOR CONTROL OFFICER -- Such person or agency or both so designated by the township.

VECTORPROOFING -- A form of construction to prevent the ingress or egress of vectors to or from a given space or building or from gaining access to food, water or harborage. This term shall include but not be limited to ratproofing, flyproofing, mosquitoproofing, etc.

§ 206-2. Prohibited acts.

1. No person shall deposit any refuse, offal, pomace, dead animals, decaying matter or organic substance of any kind in or upon any private lot, building structure, accessory structure or premises or in or upon any street, avenue, alley, parkway, ravine, ditch or gutter or into any of the runs, creeks or bodies of water within or bounding the township so that the same shall or may afford food, harborage or breeding areas for rats, flies or other vectors.
2. No person shall deposit or permit to accumulate in or upon any premises, improved or vacant, or on any open lot or alley any lumber, boxes, barrels, bottles, cans, glass, scrap iron, wire, metal articles, pipe, broken stone or cement, broken crockery, broken plaster or rubbish of any kind, unless the same is kept in approved covered receptacles or placed on open racks that are elevated not less than 18 inches above the ground and evenly piled or stacked or disposed of as may be approved by the Department of Environmental Protection or the township.
3. No person shall maintain a junkyard or a place for the dumping or wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind or for the storing or leaving of dilapidated, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons in such a manner as may afford harborage or breeding areas for rats or other vectors.
4. No person shall store refuse in containers other than those which are made of durable, watertight, rust-resistant material having a close-fitting lid which must be kept on the container when in use or in plastic bags which are durable and watertight and are secured or tied. These containers must be kept clean by thorough rinsing and draining as often as necessary so as not to provide food or breeding areas for flies.
5. No person shall construct, maintain or use a sewage system, privy, urinal, cesspool or other receptacle for human excrement so that vectors may have access to the excrementitious matter contained therein.
6. No person shall have, keep, maintain, cause or permit any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated or maintained effectually so as to prevent such breeding.

§ 206-3. Responsibilities of owners and occupants.

1. Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
2. Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls.
3. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested, except that where infestation is caused by failure of the owner to maintain the dwelling in a rodentproof or reasonable insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.

§ 206-4. Vectorproofing.

1. Any dwelling, building, structure, accessory structure, premises or any other place may be required to be vectorproofed when found by the Vector Control Office to be providing harborage or breeding areas for rats, flies, mosquitoes or any other vectors.
2. No owner, occupant, contractor, public utility company, plumber or any other person shall remove or fail to restore in like condition the vectorproofing from any building, structure or accessory structure for any purpose.

§ 206-5. Plans and specifications for private vector control programs.

§ 206-6. Inspection; compliance; abatement.

1. The Vector Control Officer is empowered to make inspections of the interior and exterior of all dwellings, buildings, structures and accessory structures, premises, collections of water or any other places to determine full compliance with this article and to determine evidence of vector infestation and the need for vectorproofing or additions or repairs to existing vectorproofing.
2. Whenever it is determined that any dwelling, building, structure, accessory structure, premises, collection of water or any other place is in violation of this article, a written notice shall be issued setting forth the alleged violations and advising the owner, occupant, operator or agent that such violations must be corrected. The notice may be personally served upon the owner, occupant, operator or agent or served upon the same by certified mail. The time for the correction of the violations must be given, as well as the necessary methods to be employed in the correction, which time shall not exceed 30 days.
3. Whenever the violations fail to be corrected within the time set forth in the written notice, the Vector Control Officer may proceed to abate the violations in the manner provided by law.

§ 206-7. Violations and penalties.