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HomeMy WebLinkAboutORD 04 (2000)ORDINANCE NO. 04-2000 AN ORDINANCE OF THE CITY OF DIAMOND BAR, AMENDING THE CITY OF DIAMOND BAR MUNICIPAL CODE BY ADDING CHAPTER 8.25, RELATING TO VECTOR CONTROL AND MANAGEMENT. A. RECITALS. (i) The City Council of the City of Diamond Bar has the authority to react when the potential exists for jeopardy to the public health, safety, and general welfare of its citizens. (ii) The City Council finds and determines that feral bees which include, but are not limited to, the Africanized Honey Bee, also known as the "killer bee," pose a serious threat to the residents and the environment throughout the City of Diamond Bar. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows: Section 1. Title 8 of the Diamond Bar Municipal Code is amended by adding thereto a new Chapter 8.25 to read as follows: Chapter 8.25 — Vector Contol and Management Section 8.25.010 — Purpose and Authority. This Chapter 8.25 enables certain authorized City representatives and the Greater Los Angeles County Vector Control District to abate or require abatement of feral bees and other vector infestations from public and private property structures when necessary for the public health and safety. Section 8.25.020 — Definitions. For purposes of this Chapter 8.25, the following words and phrases are defined and shall be construed to have the following meaning: A. "District" shall mean Greater Los Angeles County Vector Control District. B. "Authorized City Representative" shall mean an officer, director, employee, or agent of the City of Diamond Bar or an officer, director, employee, or agent of a licensed private pest control company which the city has Ordinance No. 04-2000 previously entered into a contractual agreement with for the control and -- abatement of vectors. C. "Feral Bee" shall mean any wild honey bee, including but not limited to, the Africanized Honey Bee, also known as the "Killer Bee." D. "Vector" purposes of this Chapter, shall mean any insect that poses a nuisance or danger to the public health and safety, and that potentially may transmit a disease -producing organism from one host to another, including but not limited to, the following: Africanized and European honey bees, mosquitos, midges (chironomids), and black flies (simulids). E. "Public Nuisance" shall mean any condition which endangers public health, safety and/or welfare. F. "Infestation" shall mean a colony or an established swarm of bees forming a colony. G. "Beehive" (managed bees) or "Nest" (feral bees) shall mean a colony of bees. H. "Swarm" shall mean a number of bees, including a queen and leaving a hive to start a new colony. _ Section 8.25.030 - Infested Building or Structure Declared a Public Nuisance. All buildings, structures, premises or any parts thereof within the city that are found or reported to be infested with feral bees and other vectors are hereby declared to be public nuisances and shall be abated by either (1) the property owner or (2) the District or authorized city representatives, as set forth in Section 8.25.050. The District and/or City are authorized to determine whether to abate the nuisance in the manner provided in this Section 8.25. In emergency situations involving the public health and safety, the District and/or City are authorized to determine how and whether to abate the nuisance immediately. Section 8.25.040 - Vector Control Measures. A. All premises shall be cleaned, and effective pesticides applied, as often as necessary to prevent the infestation of feral bees or other vectors that may be a danger to the public health and safety. The District and/or City may prescribe the type of pesticides, their manner and frequency of application, and the manner and frequency of cleaning for such purposes. — Ordinance No. 04-2000 B. It shall be unlawful for any property owner or tenant to maintain or permit a beehive, nest, or swarm to exist that may pose a danger to the public health and safety. This includes a managed European bee hive that has become Africanized. C. The prohibition regarding maintenance of beehives, nests, or swarms shall not restrict the activities of a professional beekeeper if not in violation of the provisions of this Chapter or other City ordinances. For purposes of this subsection, the term "professional beekeeper" shall mean a person who holds a current registration as a beekeeper with the County of Los Angeles Department of Agricultural Commissioner or designated agency. Section 8.25.050 - Abatement of Vectors A. The District is authorized (pursuant to §2270(f), California State Health and Safety Code) to enter upon any property in the city without hinderance or notice, for any of the following purposes: (1) To inspect to ascertain the presence of vectors or their breeding places. (2) To abate public nuisances either directly or by giving notice to the property owner to abate a nuisance. (3) To ascertain if a notice to abate vectors has been complied with. (4) To treat property with appropriate physical, chemical, or biological control measures. The District is authorized to abate and remove feral bees and other vectors on private structure. Abatement of feral bees and other vectors within or attached to a private structure shall be referred to authorized city representatives. B. Upon written declaration by the District of a public nuisance within or attached to a private structure, a copy of which shall be provided to the property owner, authorized city representatives may enter upon said private property in the city, without hinderance or notice, for any of the following purposes: (1) To inspect to ascertain the presence of vectors or their breeding places. Ordinance No. 04-2000 (2) To abate public nuisances located within or attached to a private structure that pose an immediate threat to the public safety and health, either directly or by giving notice to the property owner to abate a nuisance. (3) To ascertain if a notice to abate vectors has been complied with. (4) To treat property with appropriate physical, chemical, or biological control measures. Section 2. The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this 20 bday of June , 2000. Deborah H. O'Connor Mayor 1, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of June and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of June , 2000, by the following vote: AYES: COUNCILMEMBERS: Chang, Herrera, Huff, M/O'Connor NOES: COUNCILMEMEBERS: None ABSENT: COUNCILMEMBERS: MPT/Ansari ABSTAIN: COUNCILMEMBERS: None ATTEST: Lynda Burgess City Clerk Ordinance No. 04-2000