[CC 1964 §§640.020 (d — j); 640.100; Ord. No. 284 §640.020, 7-6-1993]
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.
Privy vaults or garbage cans which are not fly-tight, that is, privy
vaults or 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 Northmoor.
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, animals in public
or licensed zoos, and farm animals in laboratories.
14.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Northmoor 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
Northmoor.
17.
Liquid refuse. All slop, foul or dirty water, liquid
or beer washing, all filth, refuse or offal, discharge through drains
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.
18.
Vegetable emitting noxious odor. All vegetables
or other articles that emit or cause an offensive, noxious or disagreeable
smell or odor.
19.
Matters causing injury, inconvenience or annoyance to public. All articles or things whatsoever caused, kept, maintained or permitted
by any person to the injury, inconvenience or annoyance of the public.
20.
Acts injuring, annoying or inconveniencing public. All pursuits followed or engaged in, or acts done by any person
to the injury, annoyance or inconvenience of the public.
21.
Advertising devices over streets. All hanging signs,
ropes, net work or other advertising device stretched over or across
any street or sidewalk.
22.
Trash, etc., on streets, lots, etc. All ashes, cinders,
slops, filth, excrement, sawdust, rocks, dirt, straw, soot, sticks,
shavings, egg shells, oyster shells or cans, dust, brush, logs, paper,
trash, rubbish, manure, refuse, offal, waste fruit or vegetables,
broken ware, rags, iron or other metal, old wearing apparel, all animal
or vegetable matter, all dead animals or other offensive or disagreeable
substance or thing thrown, left, deposited or caused to be left, thrown
or deposited by anyone in or upon any street, sidewalk, park, public
square, public enclosure, lot, vacant or occupied, or pond or pool
of water.
23.
Junk. The unsheltered storage of old, used, stripped
or junked personal property of any kind (except in licensed junk yard),
including lumber, building materials, junk or other debris, abandoned,
discarded or unused objects or equipment of any kind whatsoever, including
household appliances, vehicle parts or tires, scrap metal, toys, furniture
barrels.
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 Northmoor, or within one-half (½) mile of the corporate
limits of the City of Northmoor, 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 Mayor
or his/her designate shall have the authority to order the Chief of
Police or Health Officer or other City Official 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.
E.
Continuation Of Violation After Conviction. For every day
after the conviction of any person for the violation, failure, neglect
or refusal to comply with any provision, regulation or requirement
of this Section that such nuisance is continued, such person shall
be deemed and taken to be guilty of a separate and distinct offense,
for which he/she may be again arrested, tried, convicted and punished
as in the first instance.
[Ord. No. 284 §640.090, 7-6-1993]
The assessment of the costs of abating a nuisance or the bringing of any suit for the costs of abating a nuisance, pursuant to Section 215.010(D), shall in no way excuse or render immune from prosecution or fine any person found guilty of violating any of the provisions of this Chapter.
Any person in physical possession and control of any animal
shall remove excreta or other solid waste deposited by the animal
in any public or private area not designated to receive such wastes,
including but not limited to streets, sidewalks, parking lots, public
parks or recreation areas and private property. The provisions of
this Section shall not apply to a guide dog accompanying any blind
person.
[CC 1964 §640.110]
No animals or fowls shall be kept or allowed in any grocery
store, drug store, restaurant or other establishment in which food
and drink is served, stored or prepared for public consumption. Any
person or merchant violating this Section shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a fine
of not more than one hundred dollars ($100.00).