[R.O. 2004 §220.010 (4, 5, 8, 9, 11); CC 1990 §220.010
(4, 5, 8, 9, 11); Ord. No. 163 §§1 — 2, 4, 6-13-1973]
A.
The
following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public or
offered to the public at no charge.
2.
All diseased animals running at large.
3.
All ponds or pools of stagnant water.
4.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
5.
Accumulations, wheresoever they may occur, of manure, rubbish, garbage,
refuse and human and industrial, noxious or offensive waste, except
the normal storage on a farm of manure for agricultural purposes.
6.
Garbage cans which are not fly-tight, that is, garbage cans which
do not prevent the entry of flies, insects and rodents.
7.
The pollution of any well, cistern, spring, underground water, stream,
lake, canal or body of water by sewage or industrial wastes, or other
substances harmful to human beings.
8.
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable
quantities, or the presence of any gas, vapor, fume, smoke, dust or
any other toxic substance on, in or emitted from the equipment of
any premises in quantities sufficient to be toxic, harmful or injurious
to the health of any employee or to any premises, occupant or to any
other person.
9.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
10.
Any vehicle used for septic tank cleaning which does not meet the
requirements of this Chapter of the Code of Ordinances of the City
of Pevely.
11.
Any vehicle used for garbage or rubbish disposal which is not equipped
with a watertight metal body and provided with a tight metal cover
or covers and so constructed as to prevent any of the contents from
leaking, spilling, falling or blowing out of such vehicle at any time,
except while being loaded, or not completely secured and covered so
as to prevent offensive odors from escaping therefrom or exposing
any part of the contents at any time.
12.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
13.
The keeping of animals and fowls in any area within the City not zoned for agricultural uses except pet cats and dogs, chickens kept in accordance with Chapter 205 of this Code, animals in public or licensed zoos, and farm animals in laboratories.
[Ord. No. 1312 §5, 9-16-2013]
14.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Pevely and the Statutes
of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a stormwater
system any waste materials, liquids, vapor, fat, gasoline, benzene,
naphtha, oil or petroleum product, mud, straw, lawn clippings, tree
limbs or branches, metal or plastic objects, rags, garbage or any
other substance which is capable of causing an obstruction to the
flow of the storm system or interfere with the proper operation of
the system or which will pollute the natural creeks or waterways.
16.
All other acts, practices, conduct, business, occupation callings,
trades, uses of property and all other things detrimental or certain
to be detrimental to the health of the inhabitants of the City of
Pevely.
17.
Unclean slaughterhouses — exposed green or salted hides. All unclean slaughterhouses in the City and all green or salted
hides left or deposited in any open place.
18.
Foul smelling businesses, etc. Every soap factory,
tallow chandler, cellar, shop, tannery, brewery, distillery, meatshop,
sausage factory, slaughterhouse, stable, barn or other buildings which
emit or cause any offensive, disagreeable, noxious or nauseous smell
or odor.
19.
Garbage and rubbish.
a.
All refuse, debris and discarded articles and things, other than
garbage, discarded from premises and establishments. It shall be unlawful
to keep, place or deposit garbage, rubbish, debris or other waste
matter on or upon any public or private grounds or premises whatsoever.
b.
It shall be unlawful for any person to place or deposit any garbage
or rubbish or to cause the same to be discarded on any street, alley,
garden, park, public place, creek or drainage ditch or upon any vacant
lands or occupied lands, public or private, within the City nor to
accumulate the same whereby rats, vermin or disease-bearing insects
may have access thereto and feed thereon.
c.
It shall be the duty of every person owning, managing, operating,
leasing or renting any premises, dwelling unit or any place where
garbage or rubbish accumulations are, to provide and at all times
to maintain in good order and repair on any such premises one (1)
or more portable containers for refuse, which may be made of galvanized
metal not easily corrodible, rodent and flyproof, with a tight-fitting
lid which shall not be removed except when depositing or removing
the contents of the receptacle and of sufficient capacity and in sufficient
numbers to accommodate and securely keep all the garbage and rubbish
that may accumulate between collections. Such containers shall not
be kept on the public streets, except such containers may be placed
on the street curb on the day of collection.
d.
All such containers shall be kept clean and free from the accumulation
of any substance remaining attached to the inside of the container
which would attract or breed flies, mosquitoes or any other insects.
20.
Offensive, etc., articles. All articles or things
whatsoever caused, kept, maintained or permitted by any person to
the injury, inconvenience or annoyance of the public.
21.
Offensive substances generally. All ashes, cinders,
slops, filth, excrement, sawdust, stones, rock, dirt, straw, soot,
sticks, shavings, oyster shells, bones, cans, dust, paper, trash,
rubbish, manure, refuse, offal, waste paper, fish, putrid meat, entrails,
decayed fruit or vegetables, broken ware, rags, old iron or other
metal, old wearing apparel, all animal or vegetable matter, all dead
animals or other offensive or disagreeable substances or things grown,
thrown, left, deposited or caused to be thrown, left or deposited
by anyone in or upon any street, avenue, alley, sidewalk, park, public
square, public enclosure, vacant lot, pond, pool of water or railroad
right-of-way.
B.
Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. It is unlawful for any owner, lessee or occupant or any agent, servant,
representative or employee of any such owner, lessee or occupant having
control of any occupied lot or land or any part thereof in the City
of Pevely or within one-half (½) mile of the corporate limits
of the City of Pevely, Missouri, to cause, permit or maintain a nuisance
on any such lot or land. Additionally, it is unlawful for any person
or his/her agent, servant, representative or employee to cause or
maintain a nuisance on the land or property of another with or without
permission. Each day that a nuisance shall be maintained is a separate
offense.
C.
Authority To Abate Emergency Cases. In cases where it reasonably
appears that there is an immediate danger to the health, safety or
welfare of the public due to the existence of a nuisance, the City
shall have authority to immediately abate the nuisance in an appropriate
manner.
D.
Abatement — Procedure Generally. Whenever the Board
of Aldermen receives notification that a nuisance may exist, it shall
proceed as follows, except as may be otherwise provided herein:
1.
It shall investigate the same. The Board may order
any person who has caused or is maintaining the nuisance to appear
before the Board at such time and place as the Board may direct to
show cause, if any, why that person should not abate the nuisance.
Every person required to appear before the Board shall have at least
ten (10) days' notice thereof.
2.
Such notice shall be signed by the Health Officer or Chief of Police
and shall be served upon that person by delivering a copy thereof
to the person, or by leaving a copy at his/her residence with some
member of the family or household over fifteen (15) years of age,
or upon any corporation by delivering the copy thereof to the President
or to any other officer at any business office of the corporation
within the City. If the notice cannot be given for the reason that
the person named in the notice or his/her agent cannot be found in
the City, of which fact the return upon such notice of the officer
serving the same shall be conclusive evidence, such notice shall be
published in a daily newspaper for three (3) consecutive days, if
a daily, or once, if a weekly paper, giving at least ten (10) days'
notice from the final publication date of the time fixed for the parties
to appear before the Board.
3.
If after hearing all the evidence the Board of Aldermen may determine
that a nuisance exists, it may direct the Health Officer or Chief
of Police or other City Official to order the person to abate the
nuisance within twenty (20) days or within such other time as the
Board may deem reasonable. Such order shall be served in the manner
provided in this Section for service of the order to show cause. The
order may further provide that the appropriate City Official be directed
to abate the nuisance if the order is not obeyed within the time period
set by the Board, and that a special tax bill be issued for the costs
of abating the nuisance.
4.
If the order has not been obeyed within the time period set by the
Board, the appropriate City Official shall proceed to abate the nuisance
in the manner provided by the order of the Board, and the cost of
same, if ordered by the Board, may be assessed as a special tax against
the property so improved or upon which such work was done; and, if
so ordered, the City Clerk shall cause a special tax bill therefor
against the owner thereof when known, and if not known then against
the unknown persons, and the certified bills of such assessment shall
describe therein the property upon which the work was done.
5.
The bills for the above work shall be recorded and shall be collected
and paid as provided for the collection of other special tax bills
for the repairing of sidewalks or grading or paving of streets and
shall be a lien on the property.
6.
The cost of abating nuisances on private property shall be levied
and assessed on each lot in proportion to the amount of work done
and material used in abating the nuisance located on each such lot.
[Ord. No. 1347 §§1 — 2, 8-18-2014]
A.
No person shall smoke or ignite any tobacco, or use any smoke-free
tobacco product, e-cigarette, vapor or any other such at any place
on the City Hall campus, in any building owned by the City or in any
vehicle owned or operated by the City of Pevely.
