[R.O. 2003 §215.010; Ord. No. 422 §74.010, 5-3-1984]
A. No person shall permit, cause, keep, maintain or do any nuisance,
as defined by the laws of the State or ordinances of the City.
B. No owner, occupant or person in charge of any house, building, business
building, lot or premises shall cause or allow any nuisance to be
or remain in or upon any such house, building, lot or premises.
[R.O. 2003 §215.020; Ord. No. 422 §74.020, 5-3-1984; Ord. No. 622 §1, 8-3-2000]
The Chief of Police is hereby authorized to enforce the provisions of Chapter
215.
[R.O. 2003 §215.030; Ord. No. 422 §74.030, 5-3-1984; Ord. No. 573 §1, 6-4-1998; Ord.
No. 635 §1, 2-1-2001; Ord. No. 772 §2, 8-2-2007; Ord.
No. 797 §1, 6-5-2008]
A. The following are hereby deemed and declared to be nuisances:
1.
Substances Emitting Noxious Odors. All substances
which emit or cause any foul, noxious, unhealthy or disagreeable odor
or effluvia in the neighborhood where they exist.
2.
Carcasses Of Animals. All carcasses of animals
remaining exposed one (1) hour after death.
3.
Hides. All green or salted hides left or deposited
in any open place.
4.
Slaughterhouses, Pens In Offensive Condition. All slaughterhouses or pens inside the City which are kept in such
a condition as to be offensive, annoying, or disagreeable to anyone.
5.
Establishments Emitting Noxious Odors, Etc. Establishments emitting or causing an offensive, disagreeable, noxious
or toxic dust, vapor, fume, mist or odor.
6.
Liquid Refuse. All slop, foul or dirty water,
liquid, or beer washings, all filth, refuse or offal, discharged through
drain's or spouts or otherwise thrown or deposited in or upon any
street, sidewalk, lot, park, public square, public enclosure or any
pond or pool of water.
7.
Vegetables Emitting Noxious Odor. All vegetables
or other articles that emit or cause an offensive, noxious or disagreeable
smell or odor.
8.
Matters Causing Injury, Inconvenience Or Annoyance To
Public. All articles of things whatsoever caused, kept, maintained
or permitted by any person, to the injury, inconvenience or annoyance
of the public.
9.
Acts Injuring, Annoying Or Inconveniencing The Public. All pursuits followed or engaged in, or acts done by any person
to the injury, annoyance or inconvenience of the public.
10.
Advertising Devices Over Streets. All hanging
signs, ropes, network or other advertising devices stretched over
to cross any street or sidewalk.
11.
Litter, Trash, Refuse Or Debris On Public Or Private
Property. All ashes, cinders, slops, filth, excrement, sawdust,
stones, shingles, lumber, sheetrock, tar paper, concrete, pipes, wire,
plywood, building materials, rocks, dirt, straw, soot, sticks, shavings,
eggshells, oyster shells, or cans, dust, branches, limbs, fallen trees,
brush, logs, paper, trash, rubbish, manure, refuse, wastewater, fish,
putrid meat, entrails, decayed fruit or vegetables, broken ware, rags,
iron or other metal, old wearing apparel, all animal or vegetable
matter, all dead animals or any other offensive or disagreeable substance
or thing thrown, left, deposited, or buried or caused to be left,
thrown, deposited, or buried by anyone in or upon any street, sidewalk,
park, public square, public enclosure, lot, vacant or occupied, stream
or waterway, or pond or pool of water.
12.
Wrecked, Damaged Or Demolished Or Disabled Vehicles.
a.
Any wrecked, damaged, demolished or disabled vehicle or portion
thereof left or permitted to remain upon any property which is accessible
to children for a period in excess of thirty (30) days, and which
may be an attractive nuisance to children and constitute a danger
to such children;
b.
Or where weeds, grass and other vegetation is allowed to grow
in or around such vehicle;
c.
Or where such vehicle, or portion or part thereof, may create
a fire hazard;
d.
Or where such vehicle, or such portion or part thereof, may
afford a harborage place or breeding place for mosquitoes, flies,
rodents, rats and other vermin.
e.
The term "vehicle" as used in this Subsection shall mean any
vehicle designed to travel along and over the ground by use of wheels,
treads, runners or slides and transport persons or property and shall
include, without limitation, automobiles, trucks, motor vehicles,
tractors, wagons, buggies, bicycles, or any part of portion thereof.
(1) This provision shall not apply to a business which
is duly licensed by the City of Buckner to hold vehicles for sale
in the regular course of business;
(2) This provision shall not apply to vehicles held
for restoration or rebuilding provided that the owner has obtained
a "vehicle restoration permit" from the City. Said permit shall be
for a period of one (1) year and only one (1) permit may be issued
for each business or residence at a time.
f.
Issuance of a "vehicle restoration permit" shall be contingent
upon agreement by the owner to comply with the following conditions
or requirements:
(1) Vehicle which is undergoing restoration or rebuilding,
shall be housed inside a building set aside for this purpose.
(2) All parts involved in the restoration, or rebuilding, process shall be kept, or stored inside the same building referred to in Subsection
(A)(12)(f)(1).
13.
Parking Of Motor Vehicles In Yard Of Residence.
a.
In areas of Buckner, Missouri, zoned District R-1, inclusive,
all vehicles must be parked on a parking space as defined in this
Subsection. Parking spaces shall be provided in side or rear yards,
except that a parking space may be provided in a front yard if the
parking space is set back at least twenty (20) feet from the front
property line. A "parking space" as used in this Subsection is an
area on a lot sufficient in size to store one (1) automobile (not
less than eight and one-half (8 1/2) feet wide and twenty (20) feet
in length) connected to a public street or alley by a driveway not
less than eight (8) feet wide. The portion of the parking space and
connecting driveway upon which the wheels of a vehicle travel shall
be surfaced with a permanent all-weather surfacing (concrete, asphalt
or gravel). Concrete and asphalt shall be required to conform to the
APWA requirements, gravel shall be as wide as the widest object to
be placed on the parking area, as long as the object to be placed
on the parking area to include the length of the hitch of any type
of trailer and the gravel shall be two (2) inches deep for the entire
parking area.
[Ord. No. 979 § 1, 6-2-2016]
b.
It shall be unlawful for any person to place, park or store,
or cause or permit to be placed, parked or stored, machinery, vehicles
or motorized equipment of any type, or parts thereof, not in operating
condition, upon a residential premises for longer than thirty (30)
days.
c.
It shall be unlawful for any person to service or repair upon
residential premises, or upon adjacent public right-of-way, motorized
vehicles or any type which are not the property of the owner, lessee
or tenant of such residential premises.
d.
Motor vehicles shall not be parked in driveways or sidewalks
on public right-of-ways.
e.
A "motor vehicle" as used in this Subsection is defined as any
powered vehicle designed for principal use upon public streets or
roadways.
14.
The following are also declared to constitute a nuisance:
a.
Any motor vehicle, recreational vehicle or trailer that requires
a State license without a State license plate that is current and
that is parked, stored or otherwise located on any premises within
a residentially zoned district or lots otherwise used for residential
purposes, other than within a private garage, unless the vehicle is
not required to have current State license plates under State law.
Any motor vehicle, recreational vehicle or trailer that requires a
State license with a State license plate that has been expired less
than one (1) month shall be excepted from this Subsection.
15.
Any growth of weeds, grasses or bushes to a greater height than
twelve (12) inches, provided that this shall not apply to planted
and cultivated flowers, shrubbery or other landscaping.
[R.O. 2003 §215.040; Ord. No. 422 §74.040, 5-3-1984; Ord. No. 694 §§1–2, 2-6-2003; Ord.
No. 1050, 5-6-2021]
A. No
person shall burn upon his premises or upon any street, sidewalk,
or any other place within the City any animal or vegetable waste or
other matter without following the requirements set by the Missouri
Department of Natural Resources under 10 CSR 10-6.045, Open Burning
Requirements, and the requirements of the local fire district.
B. Any
person engaged in open burning in violation of this Section shall
be summonsed for a misdemeanor violation.
[R.O. 2003 §215.050; Ord. No. 422 §74.050, 5-3-1984]
A. No business or enterprise, the conduct of which causes or produces
any noises, vibrations, smoke, dirt, dust, odors or gases to such
extent as to be detrimental or injurious to the comfort, peace or
health of other persons, shall hereafter be located and conducted
within one hundred fifty (150) feet of any building used exclusively
for residence purposes at the time of the location of such business
or enterprises; nor shall any building be erected or constructed for
the purpose of conducting any business or enterprise therein at a
place where the conduct of such business or enterprise shall be unlawful
under the terms of this Section.
B. No permit shall be issued for the erection of any building intended
to be used for the purpose of conducting any businesses or enterprise
to be located at a place where the conduct of such business or enterprise
shall be unlawful under the terms of this Section.
[R.O. 2003 §215.060; Ord. No. 422 §74.060, 5-3-1984]
No soap boiler, butcher, tallow chandler or meat-packer shall
keep, collect or use or cause to allow to be kept, collected or used,
any stale, putrid of unsound fact, grease, meat, entrails or other
matter, or render of fly out the same, unless done in such a manner
that no offensive, disagreeable or noxious smell or odor shall arise
therefrom.
[R.O. 2003 §215.070; Ord. No. 422 §74.070, 5-3-1984]
No person shall suffer or allow any putrid or unwholesome meats
or fish, decayed fruits or vegetables, refuse, offal, excrement, chamber
lye or other filthy or offensive substance or thing to be or remain
in or upon any house, building, lot or premises owned or occupied
by him or under his charge or control.
[R.O. 2003 §215.080]
No person or business shall discharge out of or from any still
house, tannery, brewery, manufactory, shop packing-house, barn, stable,
meat shop or other place of business, any foul, disagreeable or nauseous
liquids or substances of any kind whatsoever, into any pond, pool
or adjoining ground, or into or upon any street, sidewalk, park, public
square or other public place.
[R.O. 2003 §215.090; Ord. No. 422 §74.090, 5-3-1984]
The rendering, heating or steaming of any animal or vegetable
product or substance creating or generating noxious, disagreeable
unwholesome smells, odors or gaseous vapors, shall be done and conducted
in steam-tight kettles, tanks or boilers, and such method adopted
as shall entirely condense, decompose, deodorize and destroy such
smells, odors and vapors.
[R.O. 2003 §215.100; Ord. No. 422 §74.100, 5-3-1984]
Any building, erection or structure which in any way interferes
with or impedes the flow of water in any natural watercourse or living
stream is hereby declared to be a nuisance, and the same shall be
removed and abated by the City; provided that notice shall first be
given to the owner of the agent, or the occupants of such building
by the Building Code Engineer that such structure interferes with
and impedes the flow of the water in such stream or watercourse, and
the same shall be removed or altered within thirty (30) days from
the date of service of such notice. Such notice shall be in writing
and shall be served by the Building Code Engineer or one of the assistants
or deputies, by delivering a copy thereof to the person to be notified.
[R.O. 2003 §215.110; Ord. No. 622 §2, 8-3-2000; Ord. No. 797 §2, 6-5-2008]
Whenever the Chief of Police or his designee shall have determined
that a nuisance exists on any tract of private property within the
City, he shall notify the owner thereof, by personal service or certified
or registered mail addressed to such owner at his last known address,
or by posting such notice on the premises, of the nature of such nuisance,
and that same constitutes a nuisance upon such property, and that
a hearing will be held ten (10) days thereafter. Following such hearing,
if the evidence supports the finding that a nuisance exists, the Chief
of Police may declare the condition to be a nuisance and order same
to be abated within five (5) days.
[R.O. 2003 §215.120; Ord. No. 622 §3, 8-3-2000]
The Chief of Police or his designee as defined in Section
215.020 is hereby authorized to investigate any complaint of a nuisance and if such nuisance is determined to be injurious to the immediate safety, health or welfare of the public, said Chief of Police or his designee may verbally notify the owner maintaining such nuisance to abate immediately the said nuisance. Upon failure to abate, such owner(s) maintaining said nuisance may be subject to issuance of general ordinance summons for which such owner(s) may be prosecuted in Municipal Court subject to penalties of Section
215.180.
[R.O. 2003 §215.130; Ord. No. 422 §74.120, 5-3-1984]
The term "owner" shall include the real and actual owner of
the fee title, the life tenant, occupant, tenant, lessee, tenant at
will, tenant at sufferance, person in lawful possession, adverse possessor,
and any other person, firm, partnership, corporation or association
asserting or having any right, title or interest in any lot, tract
or parcel of land in the City. The land records filed in the office
of the Recorder of Deeds of the County within which any such lot,
tract or parcel of land shall be located, and any other official record
of such County or of the City, may be used to determine the identity
of such owners, as hereinbefore defined, as of any given date.
[R.O. 2003 §215.140; Ord. No. 622 §4, 8-3-2000; Ord. No. 797 §3, 6-5-2008]
In the event that such nuisance shall not have been abated within
the respective period specified herein, then the Chief of Police or
his designee may enter upon said premises and cause such nuisance
to be abated forthwith by any appropriate means and the costs of such
abatement may be specifically assessed and constitute a lien against
the property from which abated.
[R.O. 2003 §215.150; Ord. No. 622 §5, 8-3-2000]
Upon causing abatement of any such nuisance as aforesaid, the
Chief of Police or his designee shall determine the costs of such
abatement, including as a portion thereof the reasonable costs of
administering the provisions of this Chapter with respect to the property
affected, such administrative costs not to exceed the sum of five
hundred dollars ($500.00), and shall certify a statement of such costs,
describing the real property upon which such abatement was accomplished,
to the City Clerk as a special assessment upon such real property.
Upon receipt of such certification, the City Clerk shall immediately
enter such costs as a special assessment against such property. Each
such special assessment shall constitute a lien upon the real property
described thereon and shall be payable in accordance with Jackson
County tax billing. Provided, however, that in any case where the
costs of abatement shall have been assessed as additional costs in
a Municipal Court action as hereinafter provided, and such cost judgment
shall have been satisfied, the special assessment pertaining thereto
shall be canceled, and the record satisfied in the office of the City
Clerk.
[R.O. 2003 §215.160; Ord. No. 422 §74.150, 5-3-1984; Ord. No. 622 §6, 8-3-2000; Ord.
No. 693 §1, 1-2-2003]
Whenever any such owner shall be found guilty of a violation
of the provisions of this Chapter in a proceeding instituted in the
Municipal Court on complaint of the Chief of Police or his designee
as hereinbefore provided, the court shall assess therein as additional
costs any unpaid costs which may have been incurred in the abatement
of such a nuisance by the Chief of Police or his designee including
a reasonable sum not to exceed five hundred dollars ($500.00) for
the costs of administering the provisions of this Chapter.
[R.O. 2003 §215.170; Ord. No. 422 §74.160, 5-3-1984; Ord. No. 622 §7, 8-3-2000]
The Chief of Police or his designee may enter the premises upon
which such nuisance is situated for the purpose of abating same, with
or without the consent of the owner thereof, without being guilty
of trespass.
[R.O. 2003 §215.180; Ord. No. 422 §74.180, 5-3-1984; Ord. No. 797 §4, 6-5-2008]
Any owner, lessee or occupant or any agent of any such owner, lessee or occupant having control of any lot of ground or any part of any lot who shall allow or maintain on any such lot a nuisance as defined in this Chapter
215 shall be deemed guilty of an ordinance violation. The Chief of Police or his designee may cause a complaint to be filed against such owner in Municipal Court for violation of provisions of this Chapter at any time. The violation of this provision shall be punished by a fine not exceeding five hundred dollars ($500.00) or such imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Each day any violation of this provision shall continue shall constitute a separate punishable offense without necessity of further notices.
[R.O. 2003 §215.190; Ord. No. 422 §74.190, 5-3-1984; Ord. No. 622 §8, 8-3-2000; Ord.
No. 923 §1, 12-3-2009; Ord. No. 1090, 5-16-2024]
A. It shall be the duty and responsibility of every person owning or
occupying any real property within the City of Buckner to keep all
trees on that property trimmed in such a manner that there is clearance
of at least fourteen (14) feet above any street or alley and a clearance
of at least seven (7) feet over any sidewalk. It shall also be the
duty and responsibility of every person owning or occupying any real
property in the City of Buckner to keep all trees on that property
trimmed in such a manner that they do not obstruct the view of any
traffic sign or device for vehicle traffic in the direction controlled
by that traffic sign or device.
B. A tree which constitutes a hazard to the safety of persons or of property, private or public, is a possible nuisance, then an arborist hired by the City together with another City staff member or City Police Officer may enter, at a reasonable time, upon any privately owned property for purposes of inspection and investigation of any tree which may be in hazardous condition. Whenever a written statement is filed with City Hall or the Police Department based on inspection and investigation evidencing that the tree(s) constitute a hazard to the safety of persons or of property, private or public, the City shall proceed to abate in the manner provided by Sections
215.110 through
215.160, inclusive, of this Chapter. Any and all costs borne by the City related to hiring or retaining and arborist shall be paid by the offending property owner.