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Ordinance 375 - Creation of Insect Pest Control Districts1 152 ORDINANCE NO. 375. AN ORDINANCE PROVIDING FOR THE CREATION OF THE INSECT PEST CONTROL DISTRICTS AND MAKING MANDATORY TIE USE OF ERADICATION AND CONTROL MEASURES WITHIN THE AREA OF SUCH PRESCRIBED DISTRICTS. BE IT HEREBY ORDAINED BY TIE CITY COUNCIL OF THE CITY OF KALISPELL• I, That whenever satisfactory proof has been established of the presence of a menace to the fruit and shade trees or shrubbery in any part of the City, through infestation of said trees and shrubbery, with any of the following in,,urious insect pests, Codling Moth, (Carpocapsa Domonella) Oyster Shell Scale, (Lep- idosaphies Ulmi) Blister Mite, (Eriophyces Pyri), wooly Aphis, ). The State Department of Agriculture under its authorized representative shall designate the district embracing all affected areas, such areas to be known as the insect Pest ` Control Districts. After said District has been designated by the representative of the State Department of Agriculture the City Council shall create and establish such Districts, embracing all affected areas, such areas to be known as the Insect Pest ' Control District. y, For the purpose of further defining this ordinance, any or all of the following insect pests constitute a menace, and are hereby declared to be a common nuisance for all purposes within the meaning of this article. Codling Moth, (Carpocapsa Pomonella) Oyster Shell Scale (Lepidopaphies Ulmi), Blister Mite, (Eriophyde Pgri),.Wooly Aphis ( ). 3 It shall be the duty of the Street Commissioner, or any other peson appointed by the City Council, to carry out under the super- v4sion and direction of the State Department of Agriculture, or its authorized Representative, such control and eradication measures prescribed for the eradication or control of such insect pest or pests. It shall furthemore be the duty of the Street Commissioner or authorized Representative of the City Council to employ com- petant persons to carry out such control measures as may be pre- scribed and deemed necessary by the State Department of Agriculture, and to keep an account of the expense of same. Such expense shall become a lein against the property upon which such control measures were used, and shall be spread upon the tax roll of the City, 153 and collected .according to law prescribed in such cases, unless paid within thirty days after presentation of notice of incurance of such expense. {J ',Any occupant, agent or owner of any premises within the area of the above mentioned Pest Control District who refuses to allow the City of Kalispell to spray the trees included in this Pest Control District shall be deemed guilty of maintaining and suppor- ting a common nuisance, and upon the conviction thereof shall be punished by a fine not exceeding Fifty Dollars. This Ordinance shall be deeded an emergency ordinance and shall take effect immedi ately upon the passage of the same by the City Council with the approval of the Mayor. Passed and Aprroved this 4th day of June, 1923. (signed) A. E. BOORMAN, Mayor. .Attest: (signed) A. G. Sti9ANEY, City Clerk. State of Montana County of'Flathead ss. ' City of Kalispell I, A. G. WAP;EY, Clerk of the City of Kalispell, Montana, do hereby certify that on the 5th day of June, 1923, I posted a copy of the foregoing ordinance No. 375 in my office and that same remained posted for a period of five days thereafter, and that the foregoing record is a true copy of the ordinance as passed by the Council. Dated this Elevent?, Ani, of .Tune l Q95i_ e City Clerk.