ORD 462ORDINANCE NO. 462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11,
CHAPTER 11.72 OF THE LA QUINTA MUNICIPAL CODE
TO ADD CERTAIN VECTOR-RELATED CONDITIONS TO
THE DEFINITION OF "PUBLIC NUISANCE"
WHEREAS, within the Coachella Valley, West Nile virus (WNV), Saint Louis
encephalitis virus (SLEVI, and/or western equine encephalomyelitis virus (WEEV)
are creating an increasing risk to public health, in part due to the large numbers of
foreclosures and an abundance of neglected pools and standing water on
abandoned properties; and
WHEREAS, the continuing high abundance of rodents, flies and other vector
and nuisance species in the Coachella Valley are also matters of public health
concern; 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, the West Nile virus in humans can cause severe symptoms
including high fever, headache, neck stiffness, stupor, disorientation, coma,
tremors, convulsion, muscle weakness, vision loss, numbness, and paralysis; and
WHEREAS, symptoms in humans of West Nile infection may last several
weeks, and neurological effects can be permanent and characterized by altered
mental status or focal neurological findings; and
WHEREAS, appropriate and timely response to surveillance of public
nuisance condition is the key to preventing human and animal diseases associated
with West Nile and other arthropod-borne viruses. The response must be
immediate and effective abatement of public nuisance condition to prevent rapid
spread of diseases; and
WHEREAS, each neglected pool, or standing water is capable of breeding
thousands of vector mosquitoes that may transmit West Nile virus and other
arthropod-borne viruses and pose a serious potential threat to the community; and
Ordinance No. 2008-462
Vector Breeding Conditions
November 18, 2008
Page 2
WHEREAS, in the desert climate mosquitoes are prone to a short life cycle
and may develop from water to adult/flying/biting form in less than 14 days; and
WHEREAS, if the control of the neglected pools and the public nuisance
condition is not timely and effective, an increased exposure of Valley residents to
potentially infected mosquitoes will be increased; and
WHEREAS, the control measures to be utilized on the neglected pools
include application of one of the registered public health control products that
belongs to bio-rational or microbial group of products.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. AMENDMENT TO THE LA QUINTA MUNICIPAL CODE, Title 11,
Chapter 1 1 .72, Section J, is hereby amended to read as follows:
J. Allowing the following to exist on a property:
1 . Any property, excluding water that has been artificially altered from its
natural condition so that it now supports the development, attraction, or
harborage of vectors. The presence of vectors in their developmental
stages on a property is prima facie evidence that the property is a public
nuisance.
2. Any water that is a breeding place for vectors. The presence of vectors
in their developmental stages in the water is prima facie evidence that
the water is a public nuisance.
3. Any activity that supports the development, attraction, or harborage of
vectors, or that facilitates the introduction or spread of vectors.
4. "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 rodents and other vertebrates.
5. "Public Nuisance" as used herein shall not include agricultural operations
that is designed and managed consistent with the accepted standards
and practices for controlling fly development, as defined in Health and
Safety Code Section 20621b1.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and
effect thirty (30) days after adoption.
Ordinance No. 2008-462
Vector Breeding Conditions
November 16, 2008
Page 3
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council, held on the 18th day of November, 2008, by the following vote:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
VERON
City of
(CITY SEAL)
DON AD PH, yor
City of La Quinta California
NTECINO, CMC, City Clerk
California
APPROVED AS TO FORM:
M. KATH~RINE JEN$4N~City
City of La Quinta, ali rnia
Ordinance No. 2008-462
Vector Breeding Conditions
November 18, 2008
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA 1
I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
462, which was introduced at a regular meeting on the 4`" day of November, 2008,
and was adopted at a regular meeting held on the 18`n day of November, 2008, not
being less than five days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
VERONICA J. ~bNTECINO, CMC, City Clerk
City of La Q ta, California
DECLARATION OF POSTING
I, VERONICA MONTECINO, City
hereby certify that the foregoin
pursuant Council Resolution.
VERONIC . MONTECINO, CMC,
City of La Quinta, California
Clerk of the City of La Quinta, California, do
g ordinance was posted on ~. ad, ~~-
City Clerk