Article I Nuisances
Article II Smoking in Public Places
[R.O. 2008 §14-16; Ord. No. 1896 §1, 10-27-1997; Ord. No. 5492 §1, 8-22-2016]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- Any person who leases all or a portion of a premises on a day-to-day, week-to-week, month-to-month or yearly basis.
- A disorderly accumulation of objects or items carelessly discarded or allowed to collect.
- Any person or persons who have either solely or jointly a fee simple title, an equitable interest or a life interest in any lot or tract of land or in a particular part thereof, whether such tract or lot of land is held in common by joint owners.
- PERSON HAVING CONTROL
- Any occupant, agent, servant, representative or employee of any owner or lessee or renter of any property who exercises any control or authority of the premises on behalf of the owner, lessee or renter.
- Any person who rents all or a part of a premises on a day-to-day, week-to-week, month-to-month or yearly basis. For purposes of this Article, a person over the age of eighteen (18) years who is living in a household with the parent but who is neither the owner, the lessee, the head of household or the person having control shall be considered to be a "renter," regardless of whether he/she pays rent for such occupancy in money.
- Refuse, garbage, trash or other useless or worthless materials or by products.
[R.O. 2008 §14-17; Ord. No. 1896 §1, 10-27-1997; Ord. No. 5492 §1, 8-22-2016]
The following are hereby declared to be nuisances:
Any act done or committed or suffered to be done or committed by any person or any substance or thing kept, maintained, placed or found in or upon any public or private place that is injurious, harmful or dangerous to the public health.
Any building kept or maintained in a condition unhealthy or unsanitary to the public.
The deposit into any sewer, sewer inlet or privy vault, which has a sewer connection, any article, materials or substance that may obstruct, contaminate or damage the sewer.
Any cellar or basement, wet or damp from defective hydrants, water pipes, sewer pipes, cisterns, wells, gutters, drains or rainspouts.
Any urine, liquid waste from stables, swills, water from privy vaults, wastewater from sinks, wash water or other foul or nauseous liquid waste allowed to accumulate on any public property or private property or discharge upon public or private property.
Any well or cistern where a chemical analysis shows the water of such well or cistern to be of any impure or unwholesome nature.
Any garbage, ashes, foul, nauseous or unclean animal or vegetable matter, yard waste or other substance that is or may become putrid, offensive or unhealthy to the public thrown, deposited or allowed to escape into or upon any private property or accumulate thereon.
Any partly dismantled, wrecked, dilapidated, abandoned or non-operative automobile, tractor, trailer or other motor vehicle or parts thereof which are found upon any private property and which are not housed in a garage, basement or other enclosed building. Any motor vehicle or automobile or any elements thereof found disassembled upon private property shall be considered to be dismantled, abandoned, wrecked or dilapidated for the purpose of this Article when such automobile or other vehicle is found lacking essential component parts that prevent it from being immediately operative under its own power or which vehicle or automobile is not property licensed; the procedure for removal of a vehicle or item described herein shall be in accordance with Chapters 217 and 390 of this City Code.
Any partially dismantled, wrecked, junked, dilapidated, unfloatable, abandoned or discarded boat or parts thereof which are found upon any private property and allowed to remain on such property unless said boat or parts thereof are housed in an enclosed garage, basement, other enclosed building or stored in conformance with the restrictions of the Zoning Code; the procedure for removal of such item described herein shall be in accordance with Chapters 217 and 390 of this City Code.
Any fence, wall, shed, deck, house, garage, building, structure or any part of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, dock or loading dock; or any lot or land, yard, premises or location which in its entirety or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one (1) or more individuals in the City in any one (1) or more of the following particulars:
By reason of being a nuisance, threat and/or hazard to the general health and safety of the community.
By reason of being a fire hazard.
By reason of being unsafe, dangerous or unhealthy for occupancy or use on, in, upon, about or around the aforesaid property.
By reason of lack of sufficient or adequate maintenance of the property and/or being vacant, any of which depreciates the enjoyment, value, appearance or use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such conditions exist.
The abandonment, neglect or disregard of any premises so as to permit the premises to become unclean with an accumulation of litter or waste thereon or to permit the premises to become unsightly, unsanitary or obnoxious or a blight to the vicinity or offensive to the senses of users of the public way abutting the premises.
Any house, building or room in which persons are allowed or permitted by the owner, keeper or occupant to resort or use for the purpose of prostitution or similar sexual activity.
Any non-conforming property, lot, use, building or structure, as defined by the City zoning ordinance, which is allowed by reason of lack of sufficient or adequate maintenance of the property, lot, use, building or structure to fall below the standards and level of maintenance as the surrounding properties and/or being vacant, any of which depreciates the enjoyment and the use of the property in the immediate vicinity to such an extent that it is harmful to the community in which the property is situated or such conditions exist.
[R.O. 2008 §14-18; Ord. No. 1896 §1, 10-27-1997; Ord. No. 5492 §1, 8-22-2016]
No person shall create, cause, permit or maintain a nuisance as defined by law or Section 215.020 or other ordinance.
See Section 67.398, RSMo.
[R.O. 2008 §14-19; Ord. No. 1896 §1, 10-27-1997; Ord. No. 3098 §4, 12-12-2005; Ord. No. 5492 §1, 8-22-2016]
Whenever it comes to the attention of the City or the City becomes aware of the existence of a nuisance, the City shall investigate the nuisance and have prepared a report concerning the same. If a nuisance is found to exist, a warning notice shall be left with any person occupying such property, whether such person is the owner, renter or lessee thereof, by delivering such warning notice to such person or if no one is present on the property or refuses to accept the notice, then by posting the warning notice on the front, side or rear entrance to the residence or building.
The warning notice provided in Subsection (A) shall contain:
The address or legal description of the property;
The number of the Chapter of this Code being violated;
A specific description of each condition of the lot or land declared to be a public nuisance, the date by which such violation(s) shall be removed or abated, and the action(s) that will remedy the public nuisance;
The number of days in which the nuisance shall be removed or abated, which time shall be reasonable and not be less than ten (10) days nor more than thirty (30) days, except in emergency cases as set out in Section 215.070.
A notice of the potential penalty for failure to timely remove or abate the nuisance, including that a complaint will be filed and a summons will be issued for hearing before the Municipal Court.
If the nuisance occurs on unimproved property or where the residence or building is unoccupied, the property may be posted as provided in Subsection (B) and if the property is unimproved by placing the notice upon a tree or other object upon such property, as may be available.
To the extent not accomplished pursuant to subsection (B), a notice in writing containing the same information as provided on the warning notice provided in Subsection (B) shall be personally delivered or sent by first class mail to both an occupant of the property at the property address and, if a different person, to the owner of the property at his/her last known address.
[R.O. 2008 §14-20; Ord. No. 1896 §1, 10-27-1997; Ord. No. 3098 §5, 12-12-2005; Ord. No. 5492 §1, 8-22-2016]
The Municipal Judge may provide in any judgment determining that a violation has occurred that if the same nuisance recurs in or on the same lot or tract of land or land adjacent thereto within twelve (12) months after the date of the judgment that no further notice shall be required and the same person may be summoned upon complaint and information into Municipal Court regarding the recurring nuisance.
[R.O. 2008 §14-21; Ord. No. 1896 §1, 10-27-1997; Ord. No. 3098 §§6 — 8, 12-12-2005; Ord. No. 5492 §1, 8-22-2016]
Summons, Service Of. If a warning notice is given as provided in Section 215.040 and if after the time for removal or abatement has lapsed, the property is reinspected and the inspector finds and determines that the nuisance has not been removed or abated, the inspector may fill out and sign as the complainant a complaint directed by name to the occupant, owner and/or person in charge of the property showing the address or legal description of the property on which the nuisance is located and such other information as may be available to the inspector and setting forth in general the nature of the nuisance. If a notice is not required under Section 215.050, the inspector who finds and determines that a nuisance has recurred may fill out and sign as the complainant a complaint as provided above. The City's prosecuting attorney or assistant prosecuting attorney shall, if he or she determines action to be appropriate, sign the complaint as an information and it shall then be forwarded to the Clerk of the Municipal Court for issuance of summons and inclusion on the Court's docket for the date shown on the summons. If the violation is corrected prior to the Court date, the inspector may request the prosecuting attorney to dismiss the matter. If the matter is dismissed, notice of dismissal shall be promptly provided to the summoned party.
Summons, Delivery By Mail. The Clerk shall mail a copy of the summons by ordinary mail, postage prepaid, to the person(s) named therein at the address shown on the summons or at such other address as the person(s) charged therewith may be found or shall be known to reside. If the mail is duly addressed to the person(s) named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person(s) to whom addressed.
Abatement By City — Costs Assessed To Person Responsible. If the occupant, owner or person in charge of property for which a warning notice has been given to remove or abate a nuisance fails to remove or abate the nuisance in the time specified in the notice, whether on public or private property, or if a notice is not required under Section 215.050, the City may remove the same and thereby abate the nuisance and, if necessary, may lawfully enter upon the property on which the nuisance remains unabated to remove or abate such nuisance at the costs of the person or persons responsible for creating or maintaining the nuisance.
Payment Of Costs — Special Tax Bill Or Judgment. All costs and expenses incurred by the City in removing or abating any nuisance on any private property may be assessed against the property in the form of a special tax bill upon certification by the chief building official of the City or his or her designee to the City Clerk or City Finance Director of such costs and proof of notice to the owner of the property, which special tax bill shall be issued by the City Clerk or City Finance Director or be added to the annual real estate tax bill for the property at the collecting official's option, and thereafter collected in the same manner and procedure for collecting real estate taxes, including delinquent and back taxes if not timely paid. The tax bill from the date of issuance shall be deemed a personal debt against the owner of the property and shall also be a lien on the property from the date the tax bill is delinquent until paid. Alternatively, the cost of removing or abating the nuisance, whether on public or private property, may be made a part of the judgment by the Municipal Judge, in addition to any other penalties and costs imposed, if the person charged either pleads guilty or is found guilty of causing, permitting, creating or maintaining a nuisance on public or private property.
[R.O. 2008 §14-22; Ord. No. 1896 §1, 10-27-1997; Ord. No. 3098 §9, 12-12-2005; Ord. No. 5492 §1, 8-22-2016]
The City may prevent, abate or remove a nuisance on public or private property in a summary manner when an existing nuisance creates an emergency that presents an immediate, specifically identified risk to the public health or safety that reasonably requires the necessity of immediate removal or abatement. The cost of such summary abatement shall be assessed to the person(s) responsible as set out in Section 215.060(C) and (D).
See Section 67.398, RSMo.
Charter Reference — Powers and duties of city administrator, §5.4(d).
Cross Reference — Police, ch. 200.
Editor's Note — Ord. no. 5158 §1, adopted November 8, 2010, repealed article II "smoking in public places" sections 215.080 — 215.120 and enacted new provisions set out herein. Former sections 215.080 — 215.120 derived from R.O. 2008 §§14-61 — 14-65; ord. no. 1392 §§1 — 5, 6-11-1990; ord. no. 1548 §§1 — 3, 10-26-1992.
[Ord. No. 5158 §1, 11-8-2010; Ord. No. 5215 §1, 8-22-2011; Ord. No. 5480 §1, 6-27-2016]
As used in this Article, the following words shall have the meanings indicated:
- A sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
- Any person who performs services for an employer, with or without compensation.
- A person, partnership, association, corporation, trust or other organized group of individuals, including the City or other governmental body or any agency thereof, which utilizes the services of at least one (1) employee.
- ENCLOSED AREA
- Any indoor space and any space bound by walls (with or without windows or doors) or similar partitions on at least three (3) sides that effectively divide space from the floor to ceiling, including, but not limited to, offices, rooms, all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures and hallways, designed for human occupancy in which people congregate, including for amusement, entertainment, eating, drinking, education, labor, or similar purposes, including, but not limited to, bars and restaurants.
- PERMANENTLY DESIGNATED SMOKING ROOM
- A hotel or motel room that may be designated as a smoking room, with such designation being changeable only one (1) time per calendar year.
- PLACE OF EMPLOYMENT
- Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care or health care facility.
- PRIVATE CLUB
- A not-for-profit organization incorporated or chartered by law for fraternal or social purposes, which has a defined membership and restricts admission to members of the club and their guests. Private club shall not include an establishment that is generally open to members of the general public upon payment of a fee or that has employees and meets the definition of place of employment. A private club shall not be considered a "public place" except when it is the site of a meeting, event or activity that is open to the public. A private club shall not be considered a "place of employment" by reason of the occasional use of independent contractors, such as caterers that have their own employees, in the club's enclosed areas.
- PUBLIC MEETING
- A gathering in person of members of a governmental body, whether in open or closed session, as defined in Chapter 610, RSMo.
- PUBLIC PLACE
- Any enclosed area, outdoor dining or seating area, or service line to which the public is invited or in which the public is permitted. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. Outdoor areas are not "public places" as defined herein, other than such outdoor dining or seating areas or service lines.
- SERVICE LINE
- Any indoor or outdoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. A service line is a public place. People waiting inside their cars, such as in a drive-through line, shall not be considered to be in a "service line" as defined herein.
- Inhaling, exhaling, burning or carrying any ignited, lighted or heated cigarette, cigar, pipe or other smoking product, equipment or apparatus involving tobacco or other plant material or nicotine in any form.
- SMOKING SHELTER
- An accessory structure that meets all applicable provisions of the zoning and building codes, with a maximum size of two hundred (200) square feet, that is detached from principal buildings, that is located more than twenty-five (25) feet from entrances, exits, operable windows and ventilation intakes of public places and places of employment, in which there is no service, possession or consumption of food or alcoholic beverages, and that is no more than seventy-five percent (75%) enclosed at any time. The percentage of enclosure shall be calculated based on the elevation area below the roof of all elevations. For calculation purposes, screens are not considered to be enclosures but louvers, windows and other solid materials qualify as enclosures. No other wall, fence, roof overhang or other obstruction of any kind may be located within five (5) feet of the openings if they have the effect of blocking the free flow of air through the required opening.
[Ord. No. 5158 §1, 11-8-2010; Ord. No. 5215 §1, 8-22-2011; Ord. No. 5480 §1, 6-27-2016]
No person shall engage in smoking in any place of employment or any vehicle owned by the City of Creve Coeur.
No person shall engage in smoking in a public place or in a public meeting.
No person shall engage in smoking on any sidewalk, driveway or other open area within fifteen (15) feet of the entry to any place of employment, public place, or public meeting, or within fifteen (15) feet of any public place that is an outdoor dining or seating area or service line, provided that no person who simply walks past such an area along a route open to the public shall be charged with a violation of this Section.
No person shall dispose of smoking waste or place or maintain a receptacle for smoking waste in any area in which smoking is prohibited under this Article.
Exceptions. Notwithstanding any other provision of this Article to the contrary, the following shall not be subject to the smoking restrictions of this Article:
Private residences, not serving as places of employment or public places, and private vehicles;
Private clubs except for any such club which was not already open to its members within the City prior to January 1, 2011, which is also a place of employment and except for any such club regardless of when first open to members within the City when it is the site of a meeting, event or activity that is open to the public;
Permanently designated smoking rooms, not to exceed twenty percent (20%) of the guest rooms of the hotel or motel.
[Ord. No. 5158 §1, 11-8-2010; Ord. No. 5215 §1, 8-22-2011]
It shall be unlawful for any person, proprietor, owner, manager or person having control of a place knowingly to permit, cause, suffer or allow any other person to violate the provisions of this Article. It shall be an affirmative defense to an alleged violation of this Section that the person having control of a place has asked the other person to comply with this Article and caused the person to leave the establishment if that person has failed or refused to comply (including by enlisting the assistance of law enforcement personnel if required).
A proprietor, owner, manager or person having control of a place shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) near all entrances to a place where smoking is prohibited pursuant to this Article. Such signage shall consist of letters not less than one (1) inch in height.
It shall be the responsibility of employers to provide smoke-free places of employment for all employees.
[Ord. No. 5158 §1, 11-8-2010; Ord. No. 5215 §1, 8-22-2011]
Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a non-smoking place. No person shall smoke in places so declared and posted with signs pursuant to Section 215.100.
Nothing in this Article shall be construed or applied in such a manner as to interfere with or prohibit a property owner, business operator or public entity from more broadly prohibiting smoking on or about their property or from prohibiting smoking in areas, at times, or under conditions which do not fall within the prohibitions established by this Article.
[Ord. No. 5158 §1, 11-8-2010; Ord. No. 5215 §1, 8-22-2011]
The authority to administer and enforce the provisions of this Article is vested with the Chief of Police and his/her duly authorized representative(s) except in the case of City-owned facilities wherein the City Administrator shall have the authority to administer and enforce the provisions of this Article.