[CC 1995 §74.010; Ord. No. 18-04 §2, 9-23-2004]
No person shall permit, cause, keep, maintain or do any nuisance
or contribute to any nuisance as defined by the laws of this State,
the provisions of this Code or the ordinances of the Village or cause
or permit to be committed, caused, kept, maintained or done or contribute
to the committing, causing, keeping or maintaining of any such nuisance
within the corporate limits of the Village.
[CC 1995 §74.020; Ord. No. 18-04 §2, 9-23-2004]
In all cases where no provisions are made in this Article defining
what are nuisances and how the nuisances may be removed, abated or
prevented, in addition to what may be declared such in this Article,
those offenses which are known to the common law of the land and the
Statutes of the State as nuisances may, in case such offenses exist
within the Village limits, be treated as such and proceeded against
as provided in this Code or in accordance with any other provision
of law.
[CC 1995 §74.030; Ord. No. 18-04 §2, 9-23-2004]
A.
For
the purposes of this Article, the word "nuisance" is defined as any person doing an unlawful act or omitting to perform
a duty or suffering or permitting any condition or thing to be or
exist, which act, omission, condition or thing either:
1.
Injures or endangers the comfort, repose, health or safety of others;
2.
Offends decency;
3.
Is offensive to the senses;
4.
Unlawfully interferes with, obstructs or tends to obstruct or renders
dangerous for passage any public or private street, highway, sidewalk,
stream, ditch or drainage;
5.
In any way renders other persons insecure in life or the use of property;
or
6.
Essentially interferes with the comfortable enjoyment of life and
property or tends to depreciate the value of the property of others.
[CC 1995 §74.040; Ord. No. 18-04 §2, 9-23-2004; Ord. No. 24-04 §1(74.030), 10-28-2004; Ord. No. 05-12 §2, 5-24-2012]
A.
The
maintaining, using, placing, depositing, leaving or permitting to
be or remain on any public or private property of any of the following
items, conditions or actions is hereby declared to be and constitute
a nuisance; provided however, this enumeration shall not be deemed
or construed to be conclusive, limiting or restrictive:
1.
Substances emitting foul odors. All substances which
emit or cause any foul, noxious, unhealthful or disagreeable odor
or effluvia.
2.
Carcasses. All carcasses of animals remaining exposed
after death, except such animals as are killed for use as food.
3.
Establishments emitting noxious odors. Every soap
factory, grocery, cellar shop, tannery, brewery, distillery, meat
shop, sausage factory, beef or pork packing house, stable or barn
which emits or causes any offensive, disagreeable or noxious smell
or odor.
4.
Foul liquids generally. All slop, foul or dirty
water, liquor, beer or saloon washings and all filth, refuse or offal
discharged through drains or spouts or otherwise thrown, swept or
deposited in or upon any street, avenue, sidewalk, alley, lot, park
or public or private enclosure.
5.
Hides. All green or salted hides left or exposed
in any open place for a longer period than six (6) hours.
6.
Odiferous matter. All vegetables or other articles
that emit or cause any offensive or disagreeable smell or odor.
7.
Injurious or annoying articles. All articles or
things whatsoever caused, kept, maintained or permitted by any person
to the injury, inconvenience or annoyance of the public or of any
neighborhood.
8.
Signs or other devices hanging over street or sidewalk. All hanging signs, ropes, networks or other devices stretched over
or across any street, avenue, alley or sidewalk, unless such devices
are permitted by ordinance.
9.
Refuse, garbage and ashes generally. All ashes,
cinders, slops, filth, excrement, sawdust, stones, rocks, dirt, straw,
soot, sticks, shavings, oyster shells, cans, dust, paper, trash, rubbish,
manure, refuse and offal, wastewater, chamber lye, fish, putrid meat,
entrails, decayed fruit and vegetables, broken ware, rags, old iron
or other metal or old wearing apparel, all animal or vegetable matter,
all dead animals or any other offensive or disagreeable substance
or thing thrown, left or deposited or caused to be thrown, left or
deposited by anyone in or upon any street, avenue, alley, sidewalk,
park, public or private enclosure or lot, vacant or occupied, or pond
or pool of water.
10.
Accumulations of refuse. The accumulation on any
lot or piece of ground in the Village of any refuse matter in such
a manner as to be offensive or be injurious to the health of any person
or of the neighborhood.
11.
Burning materials creating noxious odor. The burning
within the Village limits of any animal, vegetable or other substance,
the burning of which creates or generates any disagreeable, noxious
or unwholesome smell or odor.
12.
Obstructing watercourse. The placing or maintaining
of any obstruction of any kind in any natural or living watercourse
of the Village so as to impede the natural flow of water therein.
13.
Polluting water supply. The doing of any act which
shall tend to pollute or contaminate the water supply of the Village.
14.
Unwholesome or offensive standing water. Any lot
or piece of round within the limits of the Village on which there
is a pond or pool of unwholesome, stagnant, impure or offensive water.
15.
Wells containing impure water. Any well or cistern
on any property within the limits of the Village, whenever a chemical
analysis shows that the water therein is of an impure or unwholesome
nature.
16.
Airborne matter. Sieving, agitating, handling or
exposing lime, ashes, coal, dry sand, hair, feathers, dust or other
substances liable to be blown by the wind to the injury, annoyance
or inconvenience of the public or of any neighborhood.
17.
Premises not connected with sewer. Any improved
real estate abutting upon or adjoining any sanitary sewer system but
which is not connected to such sewer system.
18.
Open storage of furniture or appliances. All furniture,
bedding, refrigerators, freezers, heating stoves, kitchen ranges,
laundry and dishwashing equipment, air-conditioning units or any other
such appliances, articles or equipment designed for use inside a dwelling
unit if stored, placed or set upon the ground, on any open porch,
in any attached carport, in any freestanding carport or in any garage
or shed that is without doors to conceal such articles.
19.
Unsanitary buildings. Any building or part thereof
which, by reason of its unsanitary condition or of its being infected
with disease, is unfit for human habitation or which from any other
cause is a source of sickness among the inhabitants of the Village
or which otherwise endangers the public health.
20.
Abandoned objects or equipment. Abandoned, discarded
or unused objects or equipment such as automobiles, furniture, stoves,
refrigerators, freezers, cans or containers.
21.
Abandoned shafts or excavations. Any open abandoned
shaft or excavation.
22.
Non-operating vehicles. Any partially dismantled,
wrecked, junked, discarded or otherwise non-operating motor vehicle
remaining upon any public or private premises within the Village not
in an enclosed building or so located upon the premises as not to
be readily visible from any public place or from any surrounding private
property.
23.
Offensive garbage, rubbish or trash. The accumulation
on any lot or piece of ground in the Village of any garbage, rubbish
or trash in such a manner as to be offensive or be injurious to the
health of any person or of the neighborhood.
24.
Vegetation blocking roadway. Any vegetation, tree
or shrub blocking any roadway or line of sight at any intersection.
25.
Construction debris. Any construction debris, residue,
fill, rocks, concrete upon any open lot or property.
26.
Unlawful noise. It shall be unlawful for any person
to make, continue, or cause to make or continue any loud, unnecessary,
or unusual noise, or any noise which unreasonably annoys, disturbs,
injures, or endangers the comfort, repose, health, or safety of others
within the Village limits of the Village of Airport Drive, Missouri.
a.
Standards. The standards which shall be considered
in determining whether or not a violation of this subparagraph exists
shall include, but not be limited to, the following:
(1)
The volume of noise;
(2)
The intensity of the noise;
(3)
Whether the noise is unusual or usual;
(4)
Whether the origin of the noise is natural or unnatural;
(5)
The volume and intensity of the background noise, if any;
(6)
The proximity of the noise to residential sleeping facilities;
(7)
The nature and zoning of the area within which the noise emanates;
(8)
The density of inhabitation of the area within which the noise
arrives;
(9)
The time of day or night the noise occurs;
(10)
The duration of the noise;
(11)
Whether the noise is recurrent, intermittent, or constant; and
(12)
Whether the noise is produced by a commercial or non-commercial
activity.
b.
Enumeration of prohibited noises. The following
acts, among others, are declared to be loud, disturbing, and unnecessary
noises in violation of this Subparagraph, but the enumeration shall
not be deemed to be exclusive.
(1)
The sounding of any horn or signal device of any automobile,
taxicab, motorcycle, bus, or other vehicle, whether or not in motion,
except when necessary to give warning of threatened collision with
another vehicle or with a pedestrian; except nothing herein shall
apply to emergency vehicles.
(2)
The using, operating, or permitted to be played, used, or operated
any radio receiving set, musical instrument, phonograph, stereo, amplifier,
or other machine or device for the producing or reproducing of sound
in such a manner as to disturb the peace, quiet, and comfort of the
neighboring inhabitants.
(a)
The operation of any such sound amplification device in such
a manner as to be plainly audible at a distance of fifty (50) feet
from the building, structure, or vehicle in which it is located shall
be prima facie evidence for violation of this Section between the
hours of 10:00 P.M. and 8:00 A.M.
(b)
The playing or permitting to be played of any device described
in this paragraph between the hours of 8:00 A.M. and 10:00 P.M. so
that it is plainly audible at a distance of one hundred (100) feet
from the building, structure or outdoor area in which the device is
located shall be prima facie evidence for violation of this Section.
(3)
No person operating or occupying a motor vehicle on a street,
highway, alley, parking lot, or driveway shall operate or permit the
operation of any sound amplification system from within the vehicle
so that the sound is plainly audible at a distance of fifty (50) feet
or more from the vehicle.
(4)
For purposes of this Subsection, the term "plainly audible" means any sound produced by a sound amplification system from within
the vehicle which can be heard at the required distance within the
required times. Measurement standards shall be by the auditory senses
based upon the direct line of sight. Words or phrases need not be
discernible, and bass reverberations are included.
c.
Sound levels.
(1)
A-WEIGHTED SOUND LEVEL
DECIBEL (dB)
MOTOR VEHICLE
MOTORCYCLE
SOUND LEVEL METER
SOUND PRESSURE LEVEL
Definitions. The following words, terms, and
phrases, when used in this Section, shall have the meanings ascribed
to them in this Subsection, except where the context clearly indicates
a different meaning.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighing network. The level so read is designated
dB(A) or dBA.
A unit for measuring the volume of a sound, equal to twenty
(20) times the logarithm to the base ten (10) of the ration of the
presence of the sound measured to the reference pressure, which is
twenty (20) micropascals (twenty (20) micronewtons per square meter).
A decibel is one-tenth (.1) of a bel.
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors.
Every motor vehicle having a seat or saddle for the use of
the rider and designated to travel on not more than three (3) wheels
in contact with the ground, but excluding a tractor.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels.
Twenty (20) times the logarithm to the base ten (10) of the
ration pressure of twenty (20) micropascals (20 x 10 -6 N/m 2). The
sound pressure level is denoted Lp or SPL and is expressed in decibels.
(2)
Motor vehicles. It shall be unlawful to operate
a motor vehicle within the Village which creates a noise or sound
which exceeds the sound levels listed below, when measured at fifty
(50) feet with a sound level meter. If the distance is less than fifty
(50) feet, such listed sound level shall be corrected to reflect the
equivalent sound levels dB(A) for the actual distance. Noise level
limits shall be as follows:
|
Noise limit in relation to posted speed limit.
| |||
|---|---|---|---|
|
Speed Limit 35 mph or less
|
Speed Limit over mph 35
| ||
|
Motor carrier vehicles engaged in interstate commerce of GVWR
(gross vehicle weight rating) or GCWR (gross combination weight rating)
of 10,000 pounds or more
|
86
|
92
| |
|
All other motor vehicles of GVWR or GCWR of 10,000 pounds or
more.
|
86
|
92
| |
|
|
The sound or noise shall be measured on fast response with a
type II or better sound-level meter meeting the standards prescribed
by the American Standards Association. The instrument shall be maintained
in calibration and good working order. A calibration check shall be
made of the system before and after any series of noise measurements.
Measurements shall be taken to provide a proper representation of
the noise source. The microphone during measurements shall be positioned
so as not to create any unnatural enhancement or diminution of the
measured noise. Traffic, aircraft, and other transportation noise
sources and other background noises shall not invalidate measurements,
except where such background noises interfere with the primary noise
being measured.
|
(3)
Places of public or private entertainment. It
shall be unlawful to create in any place of public or private entertainment,
including, but not limited to, a restaurant, bar, cafe, discotheque,
or dance hall, or any other public or private gathering, any noise
which exceeds eighty (80) dB(A). The measurement of such sound or
noise shall be measured with a sound-level meter meeting the standards
prescribed by the American Standards Association. The instrument shall
be maintained in calibration and good working order. A calibration
check shall be made of the system immediately after any noise measurement.
Measurements recorded shall be taken to provide a proper representation
of the noise source. The microphone during measurements shall be positioned
so as not to create any unnatural enhancement or diminution of the
measured noise. Traffic, aircraft and other transportation noise sources
and other background noises shall not be considered in taking measurements,
except where such background noise interferes with the primary noise
being measured. Such measurement shall be taken at or near the property
line nearest the source of the noise.
(5)
Exemptions. The following sounds or noises
are exempt from the provisions of this Section:
(a)
Noise of safety signals or warning devices, including horns
used while warning of impending peril or trains.
(b)
Noises resulting from any authorized emergency vehicle when
responding to an emergency call or acting in time of emergency.
(c)
Any aircraft operated in conformity with or pursuant to Federal law, Federal air regulations and air traffic control instruction used pursuant to and within the duly adopted Federal air regulations shall be exempt from the provisions of Subsection (4) of this Section, as well as the other regulations of this Section. Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under Federal air regulations shall also be exempt from the provisions of Subsection (4) of this Section, as well as the other regulations of this Section.
(6)
Unavailability of sound level meter. When a
sound level meter is not available or not in working order at the
time a noise occurs, the provisions of this Section shall not bar
the prosecution of person creating excessive noises with motor vehicles
or places of public or private entertainment pursuant to Section 215.040(26)
of this Code.
d.
Permit. The Board of Trustees may authorize a temporary
permit to a place of public or private entertainment upon such conditions
as the Board deems appropriate, provided that such permit may be revoked
immediately by the Chairman of the Board or Chairman Pro Tem, in his
absence, in the event a complaint is lodged regarding such noise.
[CC 1995 §74.050; Ord. No. 18-04 §2, 9-23-2004]
Whenever the Village Clerk shall ascertain or have knowledge
that a nuisance exists in or upon any building, lot or premises within
the Village, he/she shall, in writing, notify the owner or person
occupying or having possession and control of such house, building,
lot or premises to abate or remove such nuisance within a time to
be specified in such notice; provided however, that when the owner
of the property is a non-resident of the Village and no person occupies,
possesses or controls such building, lot or premises, no notice need
be served on such owner if the Board of Trustees shall first find
and declare that the abatement of such nuisance is required for the
protection and preservation of the public health, safety and welfare
and that an emergency exists for the abatement of such nuisance.
[CC 1995 §74.060; Ord. No. 18-04 §2, 9-23-2004]
Any person who shall be notified to abate a nuisance and who
shall fail, neglect or refuse to obey and comply with the provisions
of such notice within the time therein specified shall be deemed guilty
of a misdemeanor.
[CC 1995 §74.070; Ord. No. 18-04 §2, 9-23-2004]
Duly appointed and authorized agents and/or employees of the
Village are hereby authorized and required to go in the daytime in
and upon any house, building, lot or premises, public or private,
for the purpose of removing or abating any nuisance thereon.
[CC 1995 §74.080; Ord. No. 18-04 §2, 9-23-2004]
If the owner or person occupying or having possession and control
of any premises upon which a nuisance exists in violation of this
Article does not abate the nuisance within the time stated in the
notice to abate such nuisance, the Village may enter upon such premises
and abate such nuisance. The costs and expenses of such abatement
by the Village shall, like taxes, be a first (1st) lien on the property
affected thereby until paid.
[CC 1995 §74.090; Ord. No. 18-04 §2, 9-23-2004]
Any person who, by reason of another's violation of any provision
of this Article, suffers special damage to himself/herself different
from that suffered by other property owners throughout the Village
generally may bring an action to enjoin or otherwise abate a nuisance.
[CC 1995 §74.100; Ord. No. 18-04 §2, 9-23-2004]
Whenever a nuisance clearly exists in the Village, the continuance
of which, in the judgment of the Board of Trustees, will be dangerous
to public health, the Board may declare such condition to be such
a nuisance and dangerous in its continuance and enter such declaration
in the records of the Village and shall then immediately abate such
nuisance.
