[Ord. No. 562 §1, 1-3-2006; Ord. No. 778 §1, 9-6-2016]
A.
The following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public
or offered to the public at no charge.
2.
All diseased animals running at large.
3.
All ponds or pools of stagnant water.
4.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
5.
Presence of a nuisance, including, but not limited to, debris
of any kind, weed cuttings, cut, fallen, or hazardous trees and shrubs,
rubbish and trash, lumber not piled or stacked twelve (12) inches
off the ground, rocks or bricks, tin, steel, parts of derelict cars
or trucks, broken furniture, any flammable material which may endanger
public safety or any material or condition which is unhealthy or unsafe
and declared to be a public nuisance.
6.
Garbage cans which are not fly-tight, that is, garbage cans
which do not prevent the entry of flies, insects and rodents.
7.
The pollution of any well, cistern, spring, underground water,
stream, lake, canal or body of water by sewage or industrial wastes,
or other substances harmful to human beings.
8.
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable
quantities, or the presence of any gas, vapor, fume, smoke, dust or
other toxic substance on, in or emitted from the equipment of any
premises in quantities sufficient to be toxic, harmful or injurious
to the health of any employee or to any premises, occupant or to any
other person.
9.
Common drinking cups, roller towels, combs, brushes or eating
utensils in public or semipublic places where not properly sanitized
after use.
10.
Any vehicle used for septic tank cleaning which does not meet
the requirements of this Chapter of the Code of Ordinances of the
City of Strafford.
11.
Any vehicle used for garbage or rubbish disposal which is not
equipped with a watertight metal body and provided with a tight metal
cover or covers and so constructed as to prevent any of the contents
from leaking, spilling, falling or blowing out of such vehicle at
any time, except while being loaded, or not completely secured and
covered as to prevent offensive odors from escaping therefrom or exposing
any part of the contents at any time.
12.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae and hookworm larvae.
13.
The keeping of animals and fowls in any area within the City
not zoned for agricultural uses, except pet cats and dogs, animals
in public or licensed zoos and farm animals in laboratories.
a.
The following shall be exempted from prohibition set forth in Subsection (A)(13) above:
(1)
Keeping of six (6) or fewer laying chickens in
areas zoned R-1 Single Family Residential.
(2)
The maximum number of chickens allowed is six (6)
per single-family residence.
(3)
Only female chickens shall be allowed.
(4)
It shall be unlawful to engage in chicken breeding
or fertilizer production for commercial purposes.
(5)
Slaughter may occur for personal use, provided
that it is conducted in a sanitary manner, does not generate noise
that creates a nuisance, and is not visible from adjacent properties
or any public area or right-of-way.
(6)
Chickens shall be kept in a secure enclosure. Chickens
shall be secured within a henhouse or chicken tractor during non-daylight
hours.
(7)
Enclosures shall be kept in a clean, dry, odor-free,
neat and sanitary condition at all times.
(8)
Henhouses, chicken tractors and chicken pens shall
provide adequate ventilation and adequate sun and shade and shall
be impermeable to rodents, wild birds and predators, including, but
not limited to dogs and cats.
(9)
Henhouses and chicken tractors shall be designed
to provide safe and healthy living conditions for the chickens while
minimizing adverse impacts to other residents in the neighborhood.
(10)
A henhouse or chicken tractor shall be enclosed
on all sides and shall have a roof and doors. Access doors shall be
able to be shut and locked at night. Openings, windows, and vents
shall be covered with predator- and bird-proof wire with less than
one-inch openings.
(11)
Henhouses, chicken tractors and chicken pens shall
only be located in the defined rear of the tract of land.
(12)
Henhouses, chicken tractors and chicken pens shall
be located at least five (5) feet from the property line and at least
twenty-five (25) feet from any adjacent residential dwelling, church,
school or place of business.
(13)
Any enclosed chicken pen shall consist of sturdy
wire or wooden fencing. The pen shall be covered with wire, aviary
netting or solid roofing.
(14)
Odors from chickens, chicken manure or other chicken-related
substances shall not be detectable at the property boundaries.
(15)
All uses shall operate in accordance with the
noise standards contained in the Strafford Municipal Code.
(16)
The chicken owner shall take necessary action
to reduce the attraction of predators and rodents and the potential
infestation of insects and parasites. Chickens found to be infested
with insects and parasites that may result in unhealthy conditions
to human habitation may be removed by an animal control officer.
(17)
The chicken owner shall provide chickens access
to feed and clean water at all times. The feed and water shall be
unavailable to rodents, wild birds and predators.
(18)
The chicken owner shall provide for the storage
and removal of chicken manure. All stored manure shall be covered
by a fully enclosed structure with a roof or lid over the entire structure.
No more than three (3) cubic feet of manure shall be stored. All other
manure not used for composting or fertilizing shall be removed. The
henhouse, chicken tractor, chicken pen and surrounding areas shall
be kept free from trash and accumulated droppings.
14.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Strafford and the
Statutes of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a stormwater
system any waste materials, liquids, vapors, fat, gasoline, benzene,
naphtha, oil or petroleum product, mud, straw, lawn clippings, tree
limbs or branches, metal or plastic objects, rags, garbage or any
other substance which is capable of causing an obstruction to the
flow of the storm system or interferes with the proper operation of
the system or which will pollute the natural creeks or waterways.
16.
All other acts, practices, conduct, businesses, occupation callings,
trades, uses of property and all other things detrimental or certain
to be detrimental to the health of the inhabitants of the City of
Strafford.
B.
Unlawful To Cause, Maintain Within City. It is unlawful for any owner,
lessee or occupant or any agent, servant, representative or employee
of any such owner, lessee or occupant having control of any occupied
lot or land or any part thereof in the City of Strafford to cause,
permit or maintain a nuisance on any such lot or land. Additionally,
it is unlawful for any person or his/her agent, servant, representative
or employee to cause or maintain a nuisance on the land or property
of another with or without permission. Each day that a nuisance shall
be maintained is a separate offense.
C.
Authority To Abate Emergency Cases. In cases where it reasonably
appears that there is an immediate danger to the health, safety or
welfare of the public due to the existence of a nuisance, the City
shall have authority to immediately abate the nuisance in an appropriate
manner.
D.
Abatement Of Nuisance - Procedure Generally. Whenever the Chief of
Police or any police officer or other City official or officer as
may be designated by the Board of Alderman shall ascertain or have
knowledge that a nuisance exists on any premises within the City,
such officer shall proceed as follows:
1.
The officer, by written notice, shall notify the person or persons
occupying or having possession of said premises to abate or remove
such nuisance within the time specified in such notice, which shall
not be less that fifteen (15) days; provided, however, that such premises
are not occupied and the persons or owners of the same are non-residents
of the City, such officer shall notify the non-resident owners by
posting a notice on the premises advising such owners to abate or
remove such nuisance with the time specified in such notice, and said
officer shall abate or remove such nuisance with the time specified
in such notice by certified mail to the last known address of the
non-resident owner(s).
2.
Whenever it becomes necessary to abate a nuisance immediately
in order to secure and protect the general health and welfare of the
City and any of its inhabitants, the City is authorized to abate such
nuisance without notice and may use any suitable means or assistance
for that purpose The cost of abating such nuisance shall be certified
to the City Clerk by the officer or other person in charge of abating
the same. The City Clerk shall cause the cost thereof as a special
tax bill against the property on which such nuisance was located,
which tax shall be collected like other special tax bills, and which
shall remain a lien on said property until satisfied.
3.
If any nuisance remains after the expiration of the time set forth in the notice to abate as provided in Subsection (D)(1) hereof, the officer, or other person who served such notice may cause the condition which constitutes the nuisance to be removed or abated. The cost of abating such nuisance shall be certified to the City Clerk by the officer or other person in charge of abating the same, and the City Clerk shall cause the cost thereof be levied as a special tax bill against the property on which such nuisance was located, which tax shall be collected like other special tax bills, and which shall remain a lien on said property until satisfied.
4.
Under the provisions of Section 125.625 (Administrative Search
Warrants) of the Strafford Municipal Code, any police officer or other
person designated by the Board of Alderman shall have the authority
to enter upon any premises within the City and inspect any building
or structure thereon for the purpose of examining the sanitary condition
thereof and for the discovery of any nuisance thereon or therein.
5.
Under the provisions of Section 125.625 (Administrative Search Warrants) of the Strafford Municipal Code, police officers or other City officials as may be designated by the Board of Aldermen are hereby authorized and empowered to go during the daylight hours upon any premises and into any house, building or other structure therein, whether public or private, for the purpose of inspecting whether abatement of a nuisance as ordered under Subsection (D)(1) hereof has occurred and for the purpose of removing or abating any nuisance.
6.
The owner of any premises or his/her agent in charge thereof,
together with any tenant or occupant of such premises, are each hereby
charged with the duty and responsibility of observing all of the requirements
and provisions of the Section with reference to nuisances, and any
or all such persons, together with any person causing or contributing
to create any nuisance, may be charged with the violation thereof
and shall be equally liable hereunder.
7.
Whenever the City incurs any costs and expenses in removing
or abating any nuisance on any property, public or private, within
the City limits, the person so creating, maintaining or refusing to
abate the same shall reimburse the City for such costs and expenses.
8.
Any owner of any premises who is convicted of maintaining a nuisance thereon in accordance with the provisions of this Section shall immediately undertake to abate or remove the same thereafter. If after conviction hereunder, any such owner fails or refused to abate or remove such nuisance, and if the judge of the Municipal Court has not otherwise ordered abatement in accordance with Subsection (D)(3) hereof, the City may, thereafter, undertake to remove or abate the same. The Board of Aldermen may, thereafter, by ordinance, levy the cost thereof as a special tax bill against the property on which such nuisance was located, which tax shall be collected like other special tax bills and which shall remain a lien on said property until satisfied.
9.
Any person violating the provision of this Section shall, upon conviction therefor, be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or by imprisonment for a term not to exceed ninety (90) days, or both such fine and imprisonment. Each day any nuisance continues, after the expiration of the period within which the same was to have been abated pursuant to the notice referenced in Subsection (D)(1) hereof, shall be the basis of a separate offense and separate punishment.
10.
Nothing in this Section shall be construed as abandonment or
as limiting the City's right to bring suit for all expenses incurred
by the City in abating any nuisance. Such suit may be brought in any
court of competent jurisdiction in the name of the City against the
person maintaining, keeping or creating the nuisance so abated or
against any owner or owners of the property upon which the same was
maintained.
