[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.
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]
A.
The following are hereby declared to be nuisances:
1.
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.
2.
Any building kept or maintained in a condition unhealthy or
unsanitary to the public.
3.
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.
4.
Any cellar or basement, wet or damp from defective hydrants,
water pipes, sewer pipes, cisterns, wells, gutters, drains or rainspouts.
5.
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.
6.
Any well or cistern where a chemical analysis shows the water
of such well or cistern to be of any impure or unwholesome nature.
7.
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.
8.
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.
9.
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.
10.
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:
a.
By reason of being a nuisance, threat and/or hazard to the general
health and safety of the community.
b.
By reason of being a fire hazard.
c.
By reason of being unsafe, dangerous or unhealthy for occupancy
or use on, in, upon, about or around the aforesaid property.
d.
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.
11.
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.
12.
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.
13.
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]
A.
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.
B.
The warning notice provided in Subsection (A) shall contain:
1.
The address or legal description of the property;
2.
The number of the Chapter of this Code being violated;
3.
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;
4.
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.
5.
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.
C.
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.
D.
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.
|
See Section 67.398, RSMo.
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[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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
(Reserved)
F.
(Reserved)
|
See Section 67.398, RSMo.
|
[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.
[1]
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.
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.
Cannabis indica, Cannabis sativa, Cannabis ruderalis, hybrids
of such species, and any other strains commonly understood within
the scientific community to constitute marijuana, as well as resin
extracted from the marijuana plant and marijuana-infused products,
but not industrial hemp as defined by Missouri Statute, or commodities
or products manufactured from industrial hemp.
[Ord. No. 5817, 1-9-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 5817, 1-9-2023]
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.
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.
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.
A gathering in person of members of a governmental body,
whether in open or closed session, as defined in Chapter 610, RSMo.
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.
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.
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]
A.
No person shall engage in smoking in any place of employment or any
vehicle owned by the City of Creve Coeur.
B.
No person shall engage in smoking in a public place or in a public
meeting.
C.
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.
D.
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.
E.
Exceptions. Notwithstanding any other provision of this Article to
the contrary, the following shall not be subject to the smoking restrictions
of this Article:
1.
Private residences, not serving as places of employment or public
places, and private vehicles;
2.
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;
3.
Permanently designated smoking rooms, not to exceed twenty percent
(20%) of the guest rooms of the hotel or motel.
4.
Smoking shelters.
[Ord. No. 5158 §1, 11-8-2010; Ord. No. 5215 §1, 8-22-2011]
A.
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).
B.
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.
C.
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]
A.
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.
B.
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. 5817, 1-9-2023]
A.
Marijuana
shall not be smoked in any public area in the City, including, but
not limited to, outdoor areas, places of employment, public meeting,
and public places. A person who violates this prohibition shall be
subject to a civil penalty not exceeding one hundred dollars ($100.00).
B.
Marijuana-infused
products shall not be consumed in any public area in the City, except
for culinary dishes or beverages prepared by a restaurant in the City
for on-site consumption on the same day such dishes or beverages are
prepared.
C.
Marijuana
shall not be consumed by any person operating or in physical control
of any motor vehicle or other motorized form of transportation in
the City. No person shall smoke marijuana within a motor vehicle or
other motorized form of transportation while it is being operated
within the City.
D.
Marijuana-infused
products shall not be consumed by any person operating or in physical
control of any motor vehicle or other motorized form of transportation
in the City.
[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.
