HEALTH AND SAFETY CODE
2200. Except where the context otherwise requires, the following
definitions govern construction of this chapter:
(a) "Board" or "district board" refers to
the board of trustees of a district.
(b) "City" includes a city and county.
(c) "District" refers to any mosquito abatement district
or vector control district formed pursuant to this chapter or pursuant
to any law which it supersedes.
(d) "Property" includes water, and the person or agency
claiming ownership, title, or right to water or who controls the
diversion, delivery, conveyance, or flow of water is responsible
for abatement of public nuisances, as specified in this chapter
or Chapter 8 (commencing with Section 2800), which are caused by
or as a result of diversion, delivery, conveyance, or control.
(e) "Public nuisance" means any of the following:
(1) (A) Any breeding place for mosquitoes, flies, or other vectors
of public health importance which exists by reason of any use made
of the land on which it is found, or of any artificial change in
its natural condition. Presence of immature arthropods of public
health importance shall constitute prima facie evidence that a place
is a breeding place for arthropods.
(B) If the board determines that an agricultural operation is
growing or processing crops or raising fowl or animals in a manner
consistent with proper and accepted practices and standards, as
established and followed by similar agricultural operations in the
same locality, and employing measures for fly control, for manure
management, removal, and disposal, and for disposal of agricultural
crop waste, which prevent excessive domestic fly larval development
and excessive adult fly emergence on the property, then that place
shall not be deemed a public nuisance.
(C) As used in this paragraph, "excessive" means the
presence of domestic flies associated with agricultural operations,
which do all of the following:
(i) Occur in immature stages and as adults in numbers considerably
in excess of those found in the surrounding environment.
(ii) Are associated with the design, layout, and management of
(iii) Disseminate widely from the property.
(iv) Cause detrimental effects on the public health and well-being
of a majority of the surrounding population, as determined by the
(2) Water which is a breeding place for mosquitoes, flies, or
other arthropods of public health importance.
(3) The presence of rodents or evidence of rodent activity, such
as rodent droppings, trails, or evidence of feeding activity.
(f) "Vector" 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, other insects, ticks, mites, and rats, but not including
any domesticated animal.
2201. (a) Every notice required by this chapter to be published
shall be published in a daily, weekly, or semiweekly newspaper.
If there is no daily, weekly, or semiweekly newspaper published
within the district or within a subdivision of the district or other
territory in which it is required to be published, the notice shall
be posted for the length of time required for its publication in
three public places of the district, subdivision, or other territory,
as the case may be.
(b) A district may be organized and managed as provided in this
chapter, and is authorized to exercise the powers expressly granted
or necessarily implied by this chapter.
(c) No district formed or proposed to be formed under this chapter
shall be subject to the District Investigation Law of 1933 provided
for in Chapter 2 (commencing with Section 58500) of Division 2 of
Title 6 of the Government Code.
2202. (a) Except as otherwise provided in subdivision (b), every
mosquito abatement district or vector control district employee
who handles, applies, or supervises the use of any pesticide for
public health purposes, shall be certified by the state department
as a vector control technician, in at least one of the following
categories commensurate with the assigned duties:
(1) Mosquito control.
(2) Terrestrial invertebrate vector control.
(3) Vertebrate vector control.
(b) The state department may establish, by regulation, exemptions
from the requirements of this section that are deemed reasonably
necessary to further the purposes of this section.
(c) The state department shall establish by regulation minimum
standards for continuing education for any government agency employee
certified under Section 116110 and regulations adopted pursuant
thereto, who handles, applies, or supervises the use of any pesticide
for public health purposes.
(d) An official record of the completed continuing education units
shall be maintained by the state department. If a certified technician
fails to meet the requirements set forth under subdivision (c),
the state department shall suspend the technician's certificate
or certificates and immediately notify the technician and the employing
district. The state department shall establish by regulation procedures
for reinstating a suspended certificate.
(e) The state department shall charge and collect a nonreturnable
renewal fee of twenty-five dollars ($25) to be paid by each continuing
education certificant on or before the first day of July, or on
any other date that is determined by the state department. Each
person employed in a position on the effective date of this section
that requires certification shall first pay the annual fee the first
day of the first July following that date. All new certificants
shall first pay the annual fee the first day of the first July following
(f) The state department shall collect and account for all money
received pursuant to this section and shall deposit it in the Mosquitoborne
Disease Surveillance Account provided for in Section 25852 of the
Government Code. Notwithstanding Section 25852 of the Government
Code, fees deposited in the Mosquitoborne Disease Surveillance Account
pursuant to this section shall be available for expenditure upon
the appropriation by the Legislature to implement this section.
(g) Fees collected pursuant to this section shall be subject to
the annual fee increase provisions of Section 100425.