SECTION 606.01  Definitions:

Words and phrases defined in this section have, when used in this ordinance, the meanings given below.

Subd. 1 Tree-hole Mosquito: Aedes triseriatus; a carrier of California encephalitis (La Crosse strain).

Subd. 2 Habitat:  In any shaded or wooded area.  Any natural or man-made object in which water or debris may accumulate and which is conducive to the breeding of the Tree-hole Mosquito; including, but not limited to: natural or artificial holes in trees or stumps; unused tires which are not mounted on wheels; pots, pans, cans, pails, bottles or other containers left outdoors; gutters which are clogged or which otherwise do not properly allow for runoff; and other objects in which standing water accumulates, all of which are 7' or less from the ground.

Subd. 3 Person: An individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body or person whether incorporated or not.

Subd. 4 City:  The City of Sunfish Lake, Minnesota.

Subd. 5 City Forester:  An official appointed by the City Council of the City, and serving at the discretion of said Council, charged with enforcement of this ordinance and entrusted with the authority to make investigations and issue citations pursuant to this ordinance.


SECTION 606.02  General Prohibition:

No Person shall allow a habitat for the Tree-hole mosquito to exist on property owned, leased, or otherwise occupied by that Person.


SECTION 606.03  Enforcement:

Subd. 1 Enforcement Duties:  The City Forester shall enforce the provisions of this ordinance.  The City Forester or his duly authorized agent may inspect private premises, other than the interior of private residences, and may make all reasonable efforts to prevent violations of this ordinance.

Subd. 2 Citation: The City Forester shall issue a citation to any Person in violation of the General Prohibition contained in Section 606.02 of this ordinance.  Such citation shall state the general nature of the violation and shall specify a date not less than fourteen (14) nor more than thirty (30) calendar days after the date of the citation (the "abatement date").  Such citation shall be served upon a Person by delivering a copy to him or her personally or by leaving a copy at his or her usual place of abode with some person of suitable age and discretion.  In the case of a partnership, association or corporation, service may be made on a general partner of the partnership, a member of the association or an officer of the corporation, as the case may be. In either case, the citation shall be mailed to the Person in violation of this ordinance of his or her usual place of abode by certified mail, return receipt requested.  In any event, if the Person in violation of this ordinance is unavailable for personal service, the citation may be served by posting a copy of the citation in a conspicuous place on the land subject to the citation for two consecutive weeks, and by sending a copy of the citation to the last known address of the owners of the land subject to the citation by certified mail, return receipt requested.  Said notice shall be deemed sufficient upon mailing.

Subd. 3 Abatement Date:  On or after the abatement date, the City Forester shall re-inspect the land subject to the citation. If the conditions described in the citation as violations of this ordinance have not been remedied or diligently pursued toward a remedy, the person named in the citation shall be charged with a violation of this ordinance.

Subd. 4 Civil Remedies:  This ordinance may be enforced by injunction, action for abatement, and other appropriate civil remedy.

Subd. 5 Criminal Penalties:  Every Person who violates this ordinance and is charged with such violation pursuant to Subd. 3 above is guilty of a misdemeanor and shall, upon conviction, be subject to a fine or imprisonment, or both, plus, in either case, the costs of prosecution.  Each act of violation and each day a violation occurs or continues constitutes a separate offense.


SECTION 606.04  Severability:

If any provision of this ordinance or the application of any provision to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the application of the ordinance to any other situation shall not be invalidated.


SECTION 606.05  Conflict With Other City Ordinances:

If any provision of this ordinance is in conflict with a provision of any other City ordinance, the provision which establishes a higher standard for the promotion and protection of the residents of the City shall prevail.