[Ord. No. 722 §1, 6-29-1993; Ord. No. 896 §1, 8-19-2010]
Unless the context specifically indicates otherwise, the following terms as used in this Article are defined as follows:
ANNOYING
Something that is bothersome or upsetting to the comfort or peace of mind of an individual with reasonable sensibility or sensitivity.
CITY
The City of Lake Tapawingo.
OWNER
Any person who, alone or jointly or severally with others, has legal or equitable title to a parcel of real property, with or without accompanying actual possession thereof. The land records filed in the office of property records of the County within which the parcel of real property is located, and any other official record of each County of the City, may be used to determine the identity of such owners, as hereinabove described, as of the date of the notice of the violation.
PREMISES
Any parcel of real property and all buildings and the facilities and appurtenances therein which are located upon the parcel of real property.
STORE
To keep, permit or allow to remain upon a premises for a period of longer than seven (7) days.
[1]
Editor's Note—Ord. no. 896 §2, adopted August 19, 2010, repealed section 220.020 "open storage prohibited" in its entirety. Former section 220.020 derived from ord. no. 722 §2, 6-29-1993; ord. no. 887 §1, 6-18-2009.
[Ord. No. 880 §1, 12-4-2008; Ord. No. 923, 8-2-2012]
A. 
Recreational Vehicle Definitions. As used in this Section, the following terms shall have the meanings set out herein:
SELF-PROPELLED VEHICLE OR VEHICLE PUSHED, TOWED OR CARRIED BY A SELF-PROPELLED VEHICLE
Designed as temporary living quarters when recreating or on vacation.
Recreational vehicle contains at least four (4) of the following, two (2) of which must be (1), (2) or (3):
1. 
Liquid propane gas for cooking;
2. 
Potable water including sink and faucet;
3. 
Separate 110—125 volt electrical power;
4. 
Heating or air conditioning;
5. 
Electric or propane refrigerator; or
6. 
Toilet self-contained or connected to a plumbing system.
Mobile homes and house trailers not included.
B. 
Size Restrictions. This Section divides RVs into two (2) different categories. Regulations for small RVs are less restrictive than those for large ones. The height of a RV is measured from the parking surface to the highest point on the RV.
1. 
Class I. The small RV less than twenty (20) feet long and less than six (6) feet high. Extensions fewer than four (4) square feet as viewed from the side, but not more than ten (10) feet high, are permitted.
2. 
Class II. The large RV twenty (20) feet or longer or six (6) feet or higher. Class II includes all personal RVs.
C. 
Number Allowed On Residential Lot.
1. 
No limit on Class I RVs stored inside a building.
2. 
No limit on Class II personal RVs stored inside a building.
3. 
Outside of a building, you may have either:
a. 
One (1) Class II RV, or
b. 
Two (2) Class I RVs, or
c. 
One (1) Class I RV and one (1) Class II RV.
D. 
Storage Or Parking Location.
1. 
Class I RVs—the small RV.
a. 
Only on parking surfaces, no less than ten (10) feet from the street.
2. 
Class II RVs—the large RV.
a. 
Only on parking surfaces, no less than ten (10) feet from the street.
b. 
In side and rear yards. When the side or rear yard is not adjacent to a street, the RV may be parked or stored five (5) feet from the lot line and no less than fifty (50) feet from the seawall.
E. 
Recreational vehicles (RVs) cannot:
1. 
Block any public right-of-way.
2. 
Be stored or operated without current license registration.
3. 
Violate parking or storage restrictions on streets.
4. 
Create a safety hazard.
5. 
Be used as living quarters or for business purposes.
All non-motorized RVs must be attached to a tow vehicle if parked on the street.
F. 
Parking Surface. All RVs must be parked or stored on hard surfaced driveways or on a surface free from weeds or other vegetative growth.
G. 
It shall be unlawful for motor vehicles to park in the City having an overall length which exceeds twenty-four (24) feet which shall include an attached trailer, excepting those vehicles parked for the purpose of, and while actually engaged in, loading and unloading. The above and foregoing shall not apply to recreational vehicles regulated by Section 220.025 Sections (A) through (F).
H. 
No off street parking shall be permitted in any yard including, but not limited to, the front, side and back yards, except upon a driveway providing access to a garage, carport, or parking area for a dwelling. Any person who knowingly allows a vehicle to be parked in a yard in violation of this Subsection upon property to which he or she has right of possession shall be guilty of a violation of this Subsection regardless of ownership of the vehicle, shall be guilty of a violation which shall be punishable by a fine of fifty dollars ($50.00) plus court costs for each and every day of violation. Each day of unauthorized parking under this Subsection shall be deemed a separate offense.
[1]
Editor's Note—Ord. no. 896 §2, adopted August 19, 2010, repealed section 220.030 "noxious gases, fumes and odors" in its entirety. Former section 220.030 derived from ord. no. 722 §3, 6-29-1993.
[Ord. No. 722 §4, 6-29-1993]
A. 
It shall be unlawful for any person to use any premises owned, managed or occupied by him/her in an unreasonable, unusual or unnatural manner so that it substantially impairs the ability of other persons to peacefully enjoy their property.
B. 
The ability of persons to peacefully enjoy their property is substantially impaired if a normal person would regard the invasion or violation as definitely offensive, seriously annoying or intolerable, such that there results actual physical pain, inability to sleep, eat or breathe, or property damage.
C. 
It shall be considered a nuisance, and thus unlawful, for any person to own a dog that by loud and frequent barking, howling, yelping, growling or any other noise causes annoyance to any other person.
D. 
In addition to all other factors, the following shall be considered in any determination as to whether a person's use of his/her property constitutes a nuisance:
1. 
Location of the use;
2. 
Character of the neighborhood;
3. 
Nature of the use;
4. 
Reasonableness of the use;
5. 
Time(s) at which the use occurs;
6. 
Social value or utility of the use;
7. 
The nature, extent, and frequency of the injury;
8. 
The affect upon enjoyment of life, health and property of those affected; and
9. 
The ability of either party to avoid the harm.
E. 
A single isolated occurrence or act, which if regularly repeated would constitute a nuisance, is not a nuisance until it is repeated.
F. 
Before any person can be charged in a court of competent jurisdiction, with maintaining a nuisance in violation of this Article, the person maintaining the nuisance must first be served with notice of the nuisance by the Chief of Police or other Police Officer and given seven (7) days to cure the nuisance, and the alleged violator must have failed to abate the nuisance as requested in the notice.
[Ord. No. 722 §5, 6-29-1993; Ord. No. 896 §3, 8-19-2010]
A. 
The Chief of Police or his designated agent shall act as the Building Official for purposes of this Chapter.
B. 
It shall be the duty of the Chief of Police, with the assistance of the Police Department, to enforce the provisions of this Chapter. It shall be the duty of the Chief of Police (or his designated agent) to serve all notices under the provisions of this Chapter and to perform such other duties as may be required for the adequate enforcement of the provisions of this Chapter.
C. 
Any officer, employee or agent of the City lawfully engaged in the enforcement of or investigation of a nuisance violation described in this Chapter shall have the right to request entry for that purpose upon any premises. If any person refuses to allow entry onto his/her private property, the Chief of Police may obtain an administrative search warrant in accordance with Chapter 125 of this Code and proceed in accordance therewith.
[Ord. No. 722 §6, 6-29-1993]
The owner of any premises, any agent in charge thereof, and the tenant or occupant of such premises is hereby charged with the duty of observing all of the requirements and provisions of this Article with reference to nuisances; and any or all said persons and any person or persons causing or contributing to causing or bringing about any nuisance may be charged with the violation hereof, and shall be equally liable.
[Ord. No. 722 §7, 6-29-1993]
A. 
It shall be the duty of the owner or occupant of the premises, or any authorized agent, or the person causing or maintaining such nuisance, to immediately abate the same after an order by the Chief of Police or Board of Aldermen in accordance with the terms prescribed in said order; and any failure to do so shall constitute a violation of this Article and subject such persons to the penalties herein prescribed.
B. 
Nothing in the preceding Sections shall be construed as abandoning or limiting the City's right by civil action in any court of competent jurisdiction to secure the abatement of any nuisance. The City shall specifically have the right to bring a civil cause of action for the abatement of any nuisance. The City shall be allowed to recover the expenses incurred in abating and alleviating any nuisance. Finally, the City shall be allowed to recover reasonable attorneys' fees associated with any civil action to abate any nuisance.
C. 
Any officer or employee of the Board of Aldermen lawfully engaged in the abatement of a nuisance, and any contractor employed or contracted with for the abatement of a nuisance, and any agent or employee of such contractor shall have the right of entry for that purpose into and upon any premises.
D. 
The City shall be authorized to take the necessary steps to abate any nuisance which is in violation of this Article, after notice as provided for in this Article has been given. All expenses in abating the nuisance shall be borne by the owner of any premises, any agent in charge thereof, and the tenant or occupant of such premises.
[Ord. No. 722 §8, 6-29-1993]
The Chief of Police, or other Police Officers of the City, are authorized to issue complaints and serve citations on persons charged with a violation of this Article.
[Ord. No. 722 §9, 6-29-1993; Ord. No. 899 §4, 8-18-2010]
Any person, firm or corporation violating any of the provisions of this Article shall be subject to the general penalty provisions contained in Section 100.040.
[1]
Editor's Note—Ord. no. 896 §4, adopted August 19, 2010, repealed art. II "abandoned, dismantled, junked or inoperable vehicles or boats" sections 220.100—220.190 and art. III "weeds" section 220.220 and enacted new provisions set out herein. Former sections 220.100—220.220 derived from ord. no. 330.2 §§1—10, 10-4-1990; ord. no. 882, 4-2-2009; ord. no. 894 §1, 6-3-2010.
[Ord. No. 896 §4, 8-19-2010; Ord. No. 992, 1-3-2019[1]; Ord. No. 1027, 10-5-2023]
A. 
Definitions. For the purpose of this Article, certain terms and words are hereby defined as follows. Any word not defined herein or in the Code shall have its usual meaning.
AGENT
A person entrusted with another's business. A business representative, whose function is to bring about, modify, effect, accept performance of, or terminate contractual obligations between principal and third persons.
DEBRIS
The remains of anything broken down, destroyed, or in ruins.
BUILDING OFFICIAL
The person appointed as the Building Official, and shall also mean his or her designee.
DISMANTLED VEHICLE
Any vehicle missing significant body parts, including, but not limited to, hood, fender, cab, door, window glass, or trunk lid.
GRAFFITI
The defacing, damaging or destroying by the spraying of paint or marking of ink, chalk, dye or other similar substances on buildings, structures, properties, and places without the consent of the owner.
INOPERABLE VEHICLE
Any vehicle, including, but not limited to, any vehicle that is unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
JUNKED VEHICLE
Any vehicle that is considered an inoperable vehicle and has no resale value or use except as a source of parts or scrap.
MOTOR VEHICLE
Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
NOXIOUS OR TOXIC ODOR, DUST VAPOR, FUME, AND/OR MIST
Any airborne substance, whether visible or invisible and whether particulate or not, which causes nausea, vomiting, dizziness, headaches, eye or skin irritation, or other physical injury to a person.
NOXIOUS WEEDS
Plants, such as poison ivy, poison oak, ragweed, or other poisonous plants or plants detrimental to health, kudzu, and those weeds prohibited as per the current Missouri Department of Agriculture listing.
PERSON
Any corporation, firm, partnership, association, organization, or other group acting as a unit, as well as individuals. It shall include an executor, administrator, trustee, receiver or other representative appointed according to applicable law. Whenever the word "person" is used in any Section of this Article prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of this Section.
PREMISES
A lot, plot, or parcel of land, including any structures thereon.
PRIVATE PROPERTY
Any property within the corporate limits of the City that is not owned or controlled by a public governmental body.
UNLICENSED VEHICLE
Any vehicle that does not display a valid license and current inspection sticker, as required by the state in which the vehicle is legally registered in order to operate said vehicle upon public roads. This excludes vehicles provided for sale by an appropriately licensed seller of new or used vehicles that are stored and displayed on property so permitted for such sale.
VEGETATION
Any plant or plant species, taken as a whole.
VEHICLE
Any mechanical device on wheels, excluding motorized bicycles, vehicles propelled or drawn by horses or human power, vehicles used exclusively on fixed rails or tracks, and motorized wheelchairs operated by handicapped persons. The term "vehicle" includes, but is not limited to, commercial and non-commercial motor vehicles, dismantled vehicles, inoperable vehicles, junked vehicles, motor vehicles, recreational vehicles, trailers, unlicensed vehicles, boats, and watercraft.
WEEDS
In the context of this Article and unless otherwise stated, vegetation generally recognized as wild or undesirable, whether found upon residentially or commercially zoned properties.
B. 
Nuisances — General.
1. 
It shall be a violation of this Article for any person who is the owner, agent, tenant, occupant, or other person in control of property to create, allow, and/or maintain a public nuisance (as described herein) on such property.
2. 
Nuisances Generally. The following conditions shall constitute public nuisances:
a. 
Any condition or substance on private property that is injurious or dangerous to public health or safety.
b. 
Any condition defined as a nuisance in this Article or any code adopted by the City or by the Revised Statutes and decisions of the State of Missouri.
c. 
Any substance that generates, emits, or causes noxious or toxic odor, dust, vapor, fume, and/or mist.
d. 
Any establishment or structure that generates, emits, or causes any noxious or toxic odor, dust, vapor, fume, and/or mist, or condition.
e. 
Any barn or other place where animal or fowl waste collects in any manner that is not clean and sanitary, or which creates odors (offensive to a person of ordinary sensibilities) that are allowed to escape the premises.
f. 
Any accumulation or deposit of foul, dirty, or polluted water or liquid, including stagnant water that does or could afford harborage for the breeding of mosquitoes.
g. 
Any accumulation of material that does or could afford harborage of rats, mice, snakes, or other vermin.
h. 
Any condition or substance that may generate, transmit, or promote disease, or that may present a safety hazard to the general public.
3. 
Weeds And Vegetation. The following conditions shall constitute public nuisances:
a. 
Grass, Weeds, And/Or Overgrown Vegetation That Exceeds Ten (10) Inches In Height, Or Which Otherwise Obstructs A Traffic Intersection's Clear Sight Triangle.
(1) 
Property may be exempt from the height limitation if the Building Official, or his/her designee, finds that a waiver is warranted due to safety concerns, environmental concerns, and/or aesthetic benefits which do not unreasonably jeopardize the public's health, safety, and welfare. Conditions or situations in which such waiver may be warranted include but are not limited to property that:
(a) 
Cannot be safely mowed, such as due to steepness of grade, or rocky terrain;
(b) 
Is highly erodible;
(c) 
Is undevelopable;
(d) 
Is in an undisturbed natural area;
(e) 
Is densely wooded;
(f) 
Is too wet to mow such as a marsh, wetland, stormwater drainage pond, or creek bank;
(g) 
Any lot or parcel or portion thereof upon which construction is occurring.
(2) 
The Building Official, or his/her designee, may condition any waiver on a requirement that:
(a) 
The height limitation nonetheless be satisfied for a certain number of feet beyond the edge of a street, road surface, curbline, or sidewalk; and/or
(b) 
For a stated duration.
b. 
Any noxious weeds.
c. 
Any live, dead or dying tree, limb, bush or brush that constitutes a hazard to the safety of persons or of property, private or public, including a safety hazard that obstructs the line of sight of a motor vehicle driver, bicyclist, or pedestrian at a street intersection, a hazard that could interfere with the passage of motor vehicles, bicycles, or pedestrians, or a tree that harbors insects or disease that constitutes a potential threat to other trees.
d. 
Any accumulation of grass clippings, leaves, chipped brush, weeds, chipped foliage or shrub cuttings or clippings, or vegetable waste, unless contained as part of a composting pile or within a composting bin located within the rear yard. However, in order to not be considered a nuisance herein, such composting pile or bins shall be maintained in such a manner as to prevent the emission of a noxious odor, and such that they do not provide bedding or shelter for rats, mice, or other pests.
4. 
Vehicles. The following conditions shall constitute public nuisances:
a. 
Any vehicle that is parked on a surface other than a street, or driveway that is surfaced with gravel, concrete, asphalt, or paver brick.
b. 
Any vehicle that is dismantled, inoperable, junked, or unlicensed, unless the vehicle is stored within an enclosed building or in a location that cannot be viewed from a ground location off the premises, or unless such vehicle is present in the course of normal and lawful business operation, except that it shall not be considered a nuisance, for purposes of this Article, if one such vehicle is being dismantled, repaired, stripped, or serviced on the property, provided that the work is completed within seven (7) days by the owner of the property and that the vehicle is licensed to that owner.
5. 
Graffiti.
6. 
Debris And Rubbish. The accumulation of debris, trash, or rubbish.
7. 
Malfunctioning private sewage disposal systems. All malfunctioning private sewage disposal systems which allow polluted, raw or partially treated wastewater or effluent to be deposited or stand upon any premises.
8. 
Open Storage.
a. 
The open storage on residential property of items or materials other than yard furniture, neatly stacked firewood, garden or yard tools, toys, or usable building materials. However, the open storage of usable building materials is permitted if the open storage is for less than thirty (30) days, the building materials are for use on such premises, the building materials are not stored against any structure, and the building materials are neatly stacked and stacked to a height not to exceed four (4) feet from ground level.
b. 
Any of the following items that remain on residential property for longer than forty-eight (48) hours, in any outside area that can be viewed from a ground location off the premises: any appliance manufactured for primarily indoor use, barrels or drums, bedding, boat docks and dock materials (out-of-water), bottles, boxes, broken glass, cans, cardboard, cartons, furniture manufactured for primarily indoor use, jars, machine parts, motor vehicle parts, pallets, paper, plumbing fixtures, rags, scrap metal, tires, tire rims, water heaters, or any other debris.
9. 
Animal Carcass. The presence of any animal carcass, or part thereof, that has remained exposed six (6) hours or more after death, except as otherwise provided for pursuant to Section 210.143.
C. 
Enforcement And Abatement.
1. 
Enforcement. The Building Official shall be responsible for enforcement of this Article.
2. 
Notice And Order. When a nuisance as described in this Article exists, the Building Official may declare a public nuisance exists and give written notice to the owner and, if the property is not owner-occupied, also to any occupant of the property.
a. 
Means Of Notices And Orders.
(1) 
All notices and orders given pursuant to this Section shall be given by one of the following means:
(a) 
Personal service;
(b) 
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.
(2) 
When notice cannot be given by one of the means outlined above, then such notice may be posted on or about the premises described in the notice.
(3) 
There shall be a rebuttable presumption that any notice sent via regular mail pursuant to this Article is received within three (3) business days of its mailing. There shall also be a rebuttable presumption that any notice posted on the premises is received at the end of twenty-four (24) hours after the posting thereof.
b. 
Such notice and removal order shall, at a minimum:
(1) 
Declare that a public nuisance exists;
(2) 
Specifically describe each condition that constitutes such nuisance;
(3) 
Identify what action will remedy the nuisance;
(4) 
Order the removal or abatement of such condition not less than ten (10) days from the date of receipt of such notice, unless a condition presents an immediate, specifically identified risk to the public health or safety;
(5) 
Describe the location of the property where the nuisance exists (using the street address rather than a legal description when reasonably possible to do so);
(6) 
State that if the owner or occupant fails to begin removing or abating the nuisance within the time allowed or pursue the removal or abatement of such nuisance without unnecessary delay then the Building Official may cause the condition that constitutes the nuisance to be removed or abated and that the cost of such removal or abatement may be included in a special tax bill or added to the annual real estate tax bill for the property and collected in the same manner and procedure for collecting real estate taxes, and that such cost shall be a personal debt of the property owner;
(7) 
State that if the owner or occupant of such property fails to begin removing or abating the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, such owner or occupant may be cited for violating this Article and fined pursuant to Section 100.040 of the Municipal Code of the City of Lake Tapawingo, Missouri.
(8) 
State that if the addressee wishes to contest the finding of a public nuisance and order of abatement, he/she must request a hearing, which request must be received by the City Clerk within ten (10) days from receipt of notice and order.
3. 
Appeal and hearing.
a. 
The Building Official shall give the requesting party reasonable notice of the date, time, and location of such hearing. Any party may be represented by counsel, and all parties shall have an opportunity for a full and adequate hearing. The proceeding shall be recorded, and all persons giving testimony shall do so by oath or affirmation.
b. 
The Mayor shall preside (or appoint a hearing officer) over such hearing and make written findings of fact from the evidence offered at said hearing as to whether or not a public nuisance (as defined by this Article) exists on the subject property. If the evidence supports a finding based upon competent and substantial evidence that the conditions described in the notice and order constitute a public nuisance on the subject property, the hearing officer shall issue a final order of abatement. The final order of abatement shall be delivered, by person or mail, to each party of the hearing, or his or her attorney of record.
c. 
Appeals from the final order of abatement shall be made pursuant to and within the time period prescribed by law.
D. 
Abatement. If the owner or, if the property is not owner-occupied, the occupant of the property fails to begin removal or abatement of the nuisance in accordance with the notice and order of abatement within the time allowed, or upon failure to pursue the removal and abatement of such nuisance without unnecessary delay, the Building Official may cause the condition that constitutes the nuisance to be removed or abated.
E. 
Certification of Abatement Costs.
1. 
If the Building Official causes a nuisance to be removed or abated in accordance with this Article and has sent notice and a removal order to the owner in accordance herewith, he shall certify the cost of such removal and abatement (which may include reasonable fees for the City's costs in administering this Article) and the proof of the notice to the owner of the property to the City Clerk 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 official collecting taxes in the same manner and procedure for collecting real estate 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.
2. 
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. In the event a lawsuit is required to enforce the tax bill, the City may charge the property owner costs of collecting the tax bill, including attorneys' fees.
F. 
Disposition. If not removed within the times specified in the notice, the vehicle, boat, junk or other material may be transported to a storage area by or at the direction of the Building Official or his/her duly authorized representative at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least ninety (90) days, and the person entitled to possession thereof may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee. If the vehicle, boat or junk is unredeemed after the expiration of the ninety-day period, the Building Official may sell it to the highest bidder or, if it has no sale value, may otherwise dispose of it. Any money received from disposal of any vehicle, boat or junk shall be applied to the expenses charged to the owner or person in charge thereof.
G. 
Emergency. When the Building Official determines that it reasonably appears there is an immediate danger to the health, safety, or welfare of any person, he may take emergency measures as is necessary to correct or abate the emergency to abate the nuisance notwithstanding the requirements of this Article.
H. 
Violations.
1. 
It shall be a violation of this Article for any person to:
a. 
Allow or cause any nuisance to exist on property that he/she owns or occupies; or
b. 
Fail to begin removal or abatement of the nuisance in accordance with an abatement order or to fail to pursue the removal or abatement of such nuisance without unnecessary delay; or
c. 
Allow or cause any nuisance to exist on any street.
2. 
Each day that a violation of this Section continues shall be deemed a separate offense.
[1]
Editor’s Note: This ordinance repealed former Section 220.110, Violations, adopted and/or amended 8-19-2010 by Ord. No. 896 § 4; Section 220.120, Notice and Order, adopted and/or amended 8-19-2010 by Ord. No. 896 § 4; Section 220.130, Abatement, adopted and/or amended 8-19-2010 by Ord. No. 896 § 4; Section 220.140, Certification of Abatement Costs, adopted and/or amended 8-19-2010 by Ord. No. 896 § 4; Section 220.150, Disposition, adopted and/or amended 8-19-2010 by Ord. No. 896 § 4; Section 220.160, Notice of Sale, adopted and/or amended 8-19-2010 by Ord. No. 896 § 4; Section 220.170, Penalty For Violation, adopted and/or amended 8-19-2010 by Ord. No. 896 § 4, and as further amended; and Section 220.180, Entry Onto Private Property, adopted and/or amended 8-19-2010 by Ord. No. 896 § 4.