[R.O. 2005 §17-1; CC 1997 §17-1; Ord. No. 3348
§ 1, 9-6-2017]
Pursuant to the Statutes of the State authorizing the City to
legislate on matters pertaining to public health, this Chapter is
enacted for the purpose of prohibiting, abating, suppressing and preventing
or licensing and regulating all acts, practices, conduct, business,
occupations, callings, trades, uses of property and all other things
detrimental or liable to be detrimental to the health of the inhabitants
of the City.
[R.O. 2005 §17-2; CC 1997 §17-2; Ord. No. 3348
§ 1, 9-6-2017]
Any act done or suffered to be permitted by any person upon
his/her property or any substance or thing kept or maintained, placed
or thrown on or upon any public or private place which is injurious
to the public health or any pursuit followed or act done by any person
to the injury or danger of the public is defined and declared to be
a "public nuisance."
[R.O. 2005 §17-3; CC 1997 §17-3; Ord. No. 3348
§ 1, 9-6-2017]
It shall be unlawful for any person to cause, harbor, commit
or maintain or to suffer to be caused, harbored, committed or maintained
any nuisance as defined by the Statute or common law of this State
or as defined by this Code or other ordinance of the City at any place
within the City.
[R.O. 2005 §17-10; CC 1997 §17-10; Ord. No. 2701 §2, 5-18-2005; Ord. No. 2717 §1, 9-21-2005; Ord. No. 3348 § 1, 9-6-2017]
A.
The definition of public nuisance as set forth in Section 215.080 shall include, but not by way of limitation, the following:
1.
The accumulation upon any premises, lot or parcel of ground
or the discharge thereof, upon any public street or private property,
of stagnant or foul waste, water or liquids of any kind whatsoever;
2.
The maintenance of any outside toilet, privy, water closet or
privy vault which is kept in such condition as to emit any offensive,
noxious or disagreeable odors;
3.
All carcasses of dead animals which the owner or keeper thereof
shall permit to remain unburied for a period exceeding twelve (12)
hours after death;
4.
The keeping of animals of any kind, domestic or wild, upon any
public or private place or premises in such a manner or condition
that constitutes a hurt, injury, annoyance or danger to the public
or the residents of the vicinity;
5.
Placing, causing, keeping, maintaining or permitting trash,
garbage, rubbish, junk, decaying vegetable or animal matter, ashes,
debris, noxious or filthy substances or any kind of waste materials
upon any public or private property or premises in such manner and
to such extent as to render the same unsightly, unclean or unsafe;
6.
The burning, ignition, setting afire or maintenance of the burning
of garbage, refuse, waste, trash, straw, paper, weeds, leaves, grass
clippings or other combustible materials or other substances of any
nature or description within the City; provided that a special permit
shall be obtained from the local Fire Department for the burning off
of large tracts of land or any burning deemed necessary to the abatement
of materials constituting a nuisance as herein described;
7.
Ash pits or rubbish containers which are not emptied and the
contents removed from the premises when level full;
8.
Any unclean, stinking, foul, defective or filthy drain, ditch,
tank or gutter or any leaking, broken slop, trash or garbage box or
ash pit or receptacle of like character;
9.
Any dog, cat, puppy, kitten or other animal soiling or depositing
waste or defecation on urban property, other than the property of
a person responsible for the animal, unless such waste is immediately
removed by a person responsible for the animal and deposited in a
waste container or buried on ground where the person responsible for
the animal has permission or the right to bury it;
10.
Tacking, sticking, pasting or fastening in any manner any handbill
or flier containing commercial advertising of a written, printed or
pictorial nature upon any public property within the limits of the
City or on any motor vehicle, dwelling or other structure within the
City without the consent of the owner or occupant thereof;
11.
Any building, residence, premises, structure or vacant lots
that are so neglected, disregarded or abandoned so as to become unsafe,
unsanitary or injurious to the public health, safety and welfare;
[R.O. 2005 §17-11; CC 1997 §17-11; Ord. No. 3348
§ 1, 9-6-2017]
A.
The following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public;
2.
All diseased animals running at large;
3.
Accumulations of manure, rubbish, garbage, refuse and human
and industrial or noxious or offensive waste, except the normal storage
on a farm of manure for agricultural purposes;
4.
Privy vaults or garbage cans which are not fly-tight;
5.
The pollution of any well, cistern, spring, underground water,
stream, lake, canal or body of water by sewage or industrial wastes
or other substance harmful to human beings;
6.
Dense smoke, noxious fumes, gas, soot or cinders in unreasonable
quantities or the presence of any gas, vapor, fume, smoke, dust or
any 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 persons;
7.
Common drinking cups, roller towels, combs, brushes or eating
utensils in public or semi-public places not properly sanitized after
use;
8.
Any vehicle used for septic tank cleaning which does not meet
the requirements of any provision of this Code or other ordinance
regulating the same;
9.
Any vehicle used for garbage and refuse disposal which does
not meet the requirements of this Code or other ordinance;
10.
All infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae;
11.
Unlicensed dumps;
12.
All other acts, practices, conduct, business, occupations, callings,
trades, uses of property and all other things detrimental or certain
to be detrimental to the health of the inhabitants of the City.
[R.O. 2005 §17-12; CC 1997 §17-12; Ord. No. 2717 §2, 9-21-2005; Ord. No. 3348 § 1, 9-6-2017]
A.
CHEMICAL USED IN THE MANUFACTURE OF METHAMPHETAMINE
CONTROLLED SUBSTANCES
INHABITABLE STRUCTURE
1.
2.
3.
MANUFACTURE
1.
2.
METHAMPHETAMINE PRECURSOR DRUG
PRODUCTION
Definitions. As used in this Article, the following terms shall have
the meanings ascribed thereto:
A chemical or substance which is commonly used in the manufacture
of methamphetamine or related drugs and is an immediate chemical intermediary
used or likely to be used in the manufacture of methamphetamine and
related drugs, including, but not limited to, anthranilic acid, its
esters and its salts; benzyl cyanide; ergotamine and its salts; ergonovine
and its salts; n-Acetylanthranilic acid, its esters and its salts;
phenylacetic acid, its esters and its salts; piperidine and its salts;
3,4,-Methylenedioxyphenyl 1-2-propanone; acetic anhydride; acetone;
benzyl chloride; ethyl ether; hydriodic acid; potassium permanganate;
2-Butanone (or methyl ethyl ketone or MEK); toluene; ephedrine, its
salts, optical isomers and salts of optical isomers; norpseudoephedrine,
its salts, optical isomers and salts of optical isomers; phenylpropanolamine,
its salts, optical isomers and salts of optical isomers; pseudoephedrine,
its salts, optical isomers and salts of optical isomers; methylamine
and its salts; ethylamine and its salts; propionic anhydride; isosafrole;
safrole; piperonal; n-methylephedrine, its salts, optical isomers
and salts of optical isomers; n-Methylpseudoephedrine, its salts,
optical isomers and salts of optical isomers; benzaldehyde; nitroethane;
methyl isobutyl ketone (MIBK); sulfuric acid; iodine; red phosphorous;
gamma butyrolactone; 1,4 butanediol.
Any substance so classified under Section 102(6) of the Controlled
Substances Act, 21 U.S.C. § 802(6) and includes all substances
listed in Schedules I through V of 21 CFR 1308, as they may be revised
from time to time; and any controlled substance as defined in Chapter
195, RSMo., in effect upon the passage of or as amended.
Any structure, regardless of whether any person is actually
present, in which:
Any person lives or carries on business or other calling; or
People assemble for purposes of business, government, education,
religion, entertainment or public transportation; or
Persons are accommodated overnight.
|
For purposes of this Article, the following terms related to
the production or manufacture of methamphetamine and related drugs
shall mean:
|
The production, preparation, propagation, compounding or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance or the preparation, compounding, packaging or labeling of
a narcotic or dangerous drug:
By a practitioner as an incident to his/her administering or
dispensing of a controlled substance or an imitation controlled substance
in the course of his/her professional practice; or
By a practitioner or his/her authorized agent under his/her
supervision, for the purpose of, or as an incident to, research, teaching
or chemical analysis and not for sale.
Any drug containing ephedrine, pseudoephedrine, phenylpropanolamine
or any of their salts, optical isomers or salts of optical isomers.
Includes the manufacture, planting, cultivation, growing,
or harvesting of drug paraphernalia or of a controlled substance or
an imitation controlled substance.
B.
Any room or inhabitable structure which is used for the illegal use,
keeping or selling of controlled substances or the site of the possession
of methamphetamine precursors and/or chemicals used in the manufacture
of methamphetamine for the purpose of manufacturing methamphetamine
and related substances or the site where any controlled substance
is manufactured illegally is a public nuisance. No person shall keep
or maintain such a public nuisance.
C.
In addition to any other municipal ordinance prosecutions, the City
Prosecutor may by information charge the owner or the occupant or
both the owner and the occupant of the room or inhabitable structure
with the violation of keeping or maintaining a public nuisance.
D.
Notwithstanding the other Sections of this Chapter, if the City Manager
or the City Manager's designee (hereafter "City Manager") finds that:
1.
The owner of the room or inhabitable structure knew that the
premises were being used for the illegal use, keeping or selling of
controlled substances or the site of the possession of methamphetamine
precursors and/or chemicals used in the manufacture of methamphetamine
for the purpose of manufacturing methamphetamine and related substances
or the site where any controlled substance is manufactured illegally;
or
2.
An arrest has been made in any inhabitable structure in the
City and that controlled substances have been confiscated as a result
of said arrest;
then the City Manager may cause a notice of public nuisance to be served on all owners and tenants of said inhabitable structure, advising them that the property may be declared a public nuisance by the City Manager either immediately or in the event of any subsequent use of the inhabitable structure for the illegal use, possession or sale of controlled substance. Said notice shall be given in accordance with Subsection (F) of this Section.
E.
If:
1.
The City Manager believes that there have been two (2) or more
instances of illegal use, possession or selling of controlled substances
at the inhabitable structure within a three-year period; or
2.
Within three (3) years of sending the notice of public nuisance,
the City Manager receives notice of a subsequent use of the inhabitable
structure for the illegal use, possession or sale of controlled substances;
or
3.
The City Manager believes that the methamphetamine precursor
drugs and chemicals used in the manufacture of methamphetamine found
at the inhabitable structure were for the purpose of manufacturing
methamphetamine;
the City Manager shall thereafter send a notice to all owners and tenants that a public nuisance may exist under this Chapter and that any such nuisance must be abated within thirty (30) days of sending of the notice. Said notice shall be given in accordance with Subsection (F) of this Section.
F.
All notices required herein shall be served by means of certified
mail, return receipt requested, sent to the last known address of
the intended recipient. In the event said notice is not received within
ten (10) days of the original mailing, posting said notice in a conspicuous
place at the inhabitable structure described therein shall be sufficient,
and notice shall be deemed received on the date of posting.
G.
It shall be unlawful to mutilate or remove any notice posted on or
about an inhabitable structure under authority of this Chapter.
H.
It shall be the duty of the owner or occupant of the premises or his/her agent or the person causing or maintaining any nuisance to abate the same after an order by the City Manager in accordance with the terms prescribed in such order; and any failure to do so shall constitute a violation of this Section and shall subject such person to the penalties prescribed for such violation in this Chapter. In addition, any failure to comply with any order by the City Manager in reference to either abatement of the nuisance or closure of the premises shall subject such person to the general penalty prescribed in Section 100.110.
I.
If the City Manager believes that a public nuisance may exist at
the expiration of the thirty-day period after sending the notice or
posting of the notice, he/she shall give notice to all owners and
tenants by certified mail that he/she shall hold a hearing at the
time and place specified therein for the purpose of determining whether
a public nuisance exists. Any such notice shall be given at least
twenty-one (21) days prior to the scheduled hearing and shall also
be posted on the inhabitable structure which shall be sufficient,
and notice shall be deemed received on the date of posting.
J.
Each interested person shall be given an opportunity at the hearing
to present evidence under oath and to be represented by counsel. The
City Manager shall have the power, on his/her own motion, to subpoena
witnesses and to take testimony, under oath, pertaining to all relevant
matters. The City Manager may continue all or part of a hearing, if
necessary, to conclude the investigation.
K.
If, based on all the evidence adduced, the City Manager shall determine
that the use of the inhabitable structure for the illegal use, sale
or possession of drugs, methamphetamine precursor drugs or chemicals
used in the manufacture of methamphetamine or the attempted manufacture
of methamphetamine is a significant, continuous and unreasonable interference
with the rights common to all members of the community in general,
such as public health, safety, peace, morals or convenience, he/she
may:
L.
In determining whether an inhabitable structure should be closed
as a result of the existence of a public nuisance under this Section,
the City Manager shall consider, in addition to other relevant factors,
the impact of the closure on innocent parties; however, the lack of
knowledge of, acquiescence in, participation in or responsibility
for a public nuisance on the part of the owners, lessors, lessees,
mortgagees and all other persons in possession or having charge of
as agent or otherwise or having an interest in the inhabitable structure
used in conducting or maintaining the public nuisance shall not be
a defense by such persons or entities.
M.
Results of the hearing shall be mailed to the owner or the tenant
by means of certified mail, return receipt requested. Any interested
person or organization present at the hearing may request a copy of
the City Manager's order. A copy of said order shall also be posted
on the inhabitable structure within seventy-two (72) hours of the
decision. Thirty (30) calendar days after the posting of an order
issued pursuant to this Section, officers of the Ellisville Police
Department are authorized to act upon and enforce such orders.
N.
It is unlawful for any person to occupy or use or to permit the occupancy
or use of any room or inhabitable structure in violation of an order
issued by the City Manager pursuant to this Section.
[R.O. 2005 §17-13; CC 1997 §17-13; Ord. No. 2717 §3, 9-21-2005; Ord. No. 3348 § 1, 9-6-2017]
A.
As used in this Section, "place" means any building, dwelling unit,
lot, plot or parcel of land, premises, room or structure.
B.
Any place which is used for the commission of crimes, ordinance violations
or acts done, permitted, allowed or continued to the damage or injury
of any of the inhabitants of the City is a public nuisance.
C.
The Chief of Police shall notify the owner and occupant of any place
used for the commission of crimes, ordinance violations or acts done,
permitted, allowed or continued to the damage or injury of any inhabitants
of the City, that the place is in violation of this Section, including
the reason why, and that if the place continues to be used in such
a manner, a hearing shall be held to determine whether a public nuisance
exists and, if so, to determine the appropriate abatement remedies,
including that the place not be occupied or used for a period of up
to one (1) year. Notice shall be by personal service or certified
mail or by posting on the premises.
D.
If the place continues to be used for the commission of crimes, ordinance
violations or acts done, permitted, allowed or continued to the damage
or injury of any inhabitants of the City, after such notice, the Chief
of Police shall file a petition with the City Manager which shall
state what relief is sought or proposed and the reason for granting
it.
E.
The City Manager or his/her designee shall set the time and location
for a hearing based on the petition and shall cause notice thereof
and a copy of the petition to be served on the owner and occupant
of the place at least ten (10) days prior to the hearing. Service
shall be personal or by certified mail or by posting on the premises.
F.
At the hearing, the City Manager or his/her designee shall determine
whether the place is a public nuisance, giving such weight to the
following factors as he/she deems appropriate:
1.
The physical characteristics of the neighborhood in which the
place is located, with particular consideration given to the proximity
of the place to residential property, parks, churches, schools and
playgrounds;
2.
Whether there is littering, as prohibited by law, by the owner,
occupant or persons frequenting the place;
3.
Whether there is drinking of alcoholic beverages in public,
as prohibited by law, by the owner, occupant or persons frequenting
the place;
4.
Whether there is lewd and indecent conduct, as prohibited by
law, including public urination or defecation, by the owner, occupant
or persons frequenting the place;
5.
Whether there is the possession, sale or use of controlled substances,
as prohibited by law, by the owner, occupant or persons frequenting
the place;
6.
Whether there is harassing or intimidating conduct, as prohibited
by law, by the owner, occupant or persons frequenting the place toward
persons living in the neighborhood or passing by the place;
7.
Whether there is noise, as prohibited by law, caused by the
owner, occupant or persons frequenting the place;
8.
Whether there is the commission of other crimes, ordinance violations
or acts done, permitted, allowed or continued to the damage or injury
of any inhabitants of the City by the owner, occupant or persons frequenting
the place;
9.
Whether there is street or sidewalk congestion caused by the
owner, occupant or persons frequenting the place;
10.
Any other activity deemed relevant by the City Manager or designee.
G.
For purposes of this Section, a person shall be considered to "frequent
a place" if he/she lives or works at or visits the place or if the
person loiters about the place.
H.
If the City Manager or his/her designee finds that the place is a
public nuisance in violation of this Section, he/she shall order the
owner or occupant to abate the nuisance and may further order any
appropriate action to abate the same, including that the place shall
not be occupied or used for a period not exceeding one (1) year.
I.
The closure of any place pursuant to this Section shall not constitute
an act of possession, ownership or control by the City of the closed
place.
J.
It is unlawful for any person to:
1.
Fail to obey an order to abate a nuisance issued pursuant to
this Section;
2.
Interfere with any entry into or upon the place by any Police
Officer, agent or employee of the City for the purpose of abating
the nuisance, as ordered pursuant to this Section;
3.
Occupy, use or permit any other person to occupy or use any
place ordered closed pursuant to this Section;
4.
Damage or remove any notice or order posted at the place pursuant
to this Section;
5.
Keep or maintain a place used for the commission of crimes,
ordinance violations or acts done, permitted, allowed or continued
to the damage or injury of any inhabitants of the City.
K.
Nothing contained in this Section shall relieve the owner or occupant
of any place from complying with the building, fire, property maintenance
and zoning codes or any other ordinance that regulates the condition
or use of the place.
[R.O. 2005 §17-14; CC 1997 §17-14; Ord. No. 3348
§ 1, 9-6-2017]
Whenever any nuisance is reported to exist, the owner of the
property and, if the property is not owner-occupied, any occupant
of the property shall be provided with a written notice specifically
describing each condition of the lot or land declared to be a public
nuisance, and which notice shall identify what action will remedy
the public nuisance. Unless a condition presents an immediate, specifically
identified risk to the public health or safety, the notice shall provide
a reasonable time, not less than ten (10) days, in which to abate
or commence removal of each condition identified in the notice. Written
notice may be given by personal service or by first-class mail to
both the occupant of the property at the property address and the
owner at the last known address of the owner, if not the same. Upon
a failure of the owner to pursue the removal or abatement of such
nuisance without unnecessary delay, the Building Commissioner or designated
officer may cause the condition which constitutes the nuisance to
be removed or abated. If the Building Commissioner or designated officer
causes such condition to be removed or abated, the cost of such removal
or abatement and the proof of notice to the owner of the property
shall be certified to the City Clerk or officer in charge of finance
who shall cause the certified cost to be included in a special tax
bill or added to the annual real estate tax bill, at the collecting
official's option, for the property, and the certified cost shall
be collected by the City Collector or other official collecting taxes
in the same manner and procedure for collecting real estate taxes.
If the certified cost is not paid, the tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property from the date the tax
bill is delinquent until paid.
[Ord. No. 3348 § 1, 9-6-2017]
A.
An owner and/or occupant who fails to remove a nuisance in accordance with the written notice described in Section 215.140 of this Chapter shall be guilty of an offense and may (at the option of the City) be charged in Municipal Court with failure to abate a nuisance.
B.
Penalties.
1.
Penalties for violation of this Chapter shall be as follows:
a.
First violation on parcel or lot: two hundred dollars ($200.00)
each day any violation continues after notification period above stated.
b.
Second violation on same parcel or lot within one (1) year from
date of first violation: two hundred seventy-five dollars ($275.00)
each day any violation continues after notification period above stated.
c.
Third violation on same parcel or lot within one (1) year from
date of first violation: three hundred fifty dollars ($350.00) each
day any violation continues after notification period above stated.
d.
Fourth violation on same parcel or lot within one (1) year from
date of first violation: four hundred fifty dollars ($450.00) each
day any violation continues after notification period above stated.
