[R.O. 2008 §215.100; Ord. No. 6601 §§1 — 2, 11-24-2003]
A.
Responsibility. No owner, occupant or other person in possession,
charge or control within the City limits shall cause, maintain or
permit a nuisance as defined by the laws of the State or this Chapter.
It shall be the duty of each owner, occupant or person in possession,
charge or control of any property to maintain that property, together
with one-half (½) of the platted City right-of-way abutting
thereon, or street or alley abutting thereon, as not to allow the
accumulation of debris, refuse, rubbish, trash or nuisances as defined
in or described by this Chapter. Every owner, occupant or person in
possession of any property within the City shall be responsible for
maintaining all property under his or her control in accordance with
the requirements of this Chapter. Every owner, occupant or person
in possession of any property within the City shall be responsible
for maintaining all property under his or her control in accordance
with the requirements of this Chapter.
B.
Prima Facie Evidence Of Nuisance. If the nuisance is on
private property, proof that a person occupies the property or that
a person has possession or the right to possession of the property
shall constitute prima facie evidence that such person has caused,
maintained or permitted the nuisance and such person shall be responsible
for its existence and for its abatement.
C.
Entry Upon Property. The Director, Public Works, or his
or her designee, may enter upon private property for inspection or
abatement purposes in accordance with this Chapter. If any person
refuses to allow entry onto his/her private property, City staff may
obtain a warrant from the proper official and proceed in accordance
therewith.
[R.O. 2008 §215.110; Ord. No. 6601 §§1 — 2, 11-24-2003]
It shall be unlawful for any person or entity to deposit, place,
dump, pour or drain onto any street, highway or any public property
within the City limits any filth, refuse, rubbish, sewage, trash or
nuisance, or any substance that emits any foul, noxious or disagreeable
odor or that attracts insects, vermin or other pests.
[R.O. 2008 §215.120; Ord. No. 6601 §§1 — 2, 11-24-2003]
A.
Any
condition or item which causes a threat to the health, safety or welfare
of the public, or which prohibits routine maintenance of the premises,
or which meets any of the definitions of a nuisance in this Chapter
shall be declared a nuisance. The term "nuisance" shall include, but is not limited to:
1.
Burning: The burning, causing to burn or authorizing
the burning of any item including twigs, branches, shrubbery, rubbish
or refuse upon any street, sidewalk or public alleyway.
2.
Debris, refuse, rubbish, trash: Accumulations of
unused boards, bricks, concrete or rocks, animal or vegetable products
or matter, appliances, ashes, barrels, bones, bottles, boxes, broken
glass, brush, cans, cartons, cinders, coal, crates, decayed fruits
or vegetables, dirt, dust, excrement, fence wire, filth, firewood
not piled or stacked neatly and systematically (must be in rear yard),
flammable materials, foliage and shrub clippings or cuttings, garbage,
gasoline, grass, household furniture, iron or other metals, junk,
kegs, leaves, logs, lumber not piled or stacked neatly and systematically
(must have nails removed and be in rear yard; untreated lumber must
be stacked), lumber scraps, manure, nails, offal, oil, old wearing
apparel, paint, paper, piled brush and fallen tree limbs or debris,
plaster, plastic (discarded containers or wrappers), plumbing fixtures,
putrid fish or meat entrails, rags, rank growth of vegetation, roof
shingles, rubber, sawdust, slag, slop, soot, straw, sweepings, tacks,
tarpaulin not in good repair, tire(s) (mounted or unmounted), toilets,
tubs, vehicle parts, weeds, wire, wood or metal shavings, any type
of solid or yard waste (bagged or unbagged), or any condition or item
that would prohibit the routine maintenance of the property.
Exemption: The term "nuisance" shall not include composting which is a controlled biological reduction
of organic waste to humus, as follows:
a.
All compost piles shall be maintained using approved composting procedures
in compliance upon the following terms:
(1)
All compost shall be enclosed in a freestanding compost bin.
Each compost bin shall be no larger in volume than seventy-five (75)
cubic feet for properties ten thousand (10,000) square feet and less
in size, with an additional seventy-five (75) cubic feet permitted
for each additional ten thousand (10,000) square feet. Compost bins
shall be no higher than five (5) feet.
(2)
All compost piles shall be maintained so as to prevent the attraction
or harborage of rodents and pests. The presence of rodents or other
pests in or near a compost pile shall be cause for the City to issue
a complaint.
(3)
All compost piles shall be maintained so as to prevent unpleasant,
rotten, egg-like, putrefactive, sweet, sour or pungent odors.
(4)
All compost piles shall be located in the rear yard of the property.
No compost pile shall be located less than two (2) feet from the rear
or side property line, or within twenty (20) feet of any home, patio,
pool or similar structure, or on any adjacent property.
(5)
No compost pile shall be located where it will impede the natural
free flow of stormwater drainage.
d.
Compost piles established in accordance with this Chapter shall be
for private use only and there shall be no commercial delivery or
providing of material that has been composted in a residential area.
3.
Disease or breeding of insects or vermin: Any existing
condition or item which harbors or fosters the spread of disease or
the breeding of insects or vermin.
4.
Excessive exterior lighting: Directing, arranging
or using exterior lighting from any property or areas so that the
light shines or glares on another property, thereby adversely affecting
the use and enjoyment of those persons who own or use the property.
5.
Furniture — outdoor: Any furniture, including
sofas, divans, recliners and similar objects which are not designed
for outdoor use but which are maintained or located on any porch,
lawn, parking lot, driveway or public right-of-way.
6.
Noxious or offensive odors: Any condition or item
causing a noxious or offensive odor that is discomforting and interferes
with the free use of residential property. Exemption: Industrial generated odors or odors generated from criminal enterprises,
i.e., methamphetamine lab.
7.
Pools of water: Unmaintained water pools and ponds
that become stagnate and may cause a location for breeding of insects.
8.
Prohibited vehicles: All vehicles declared a nuisance
by this Chapter, including junk vehicles, elevated vehicles, unlicensed
vehicles and abandoned vehicles.
9.
Waterway pollution: Placing, throwing or causing
tree limbs, brush or any trash (including bottles and cans) to enter
into or be in any natural waterway located in or owned by the City.
10.
Weeds and rank growth of vegetation: Any weeds or
rank growth of vegetation or noxious weeds prohibited as a nuisance
by this Chapter.
11.
Miscellaneous: 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 on any public or private place which
is annoying or damaging or injurious or dangerous to the public health
or welfare or safety and every act or thing done, permitted, maintained,
allowed or continued on any property public or private, by any person,
which is liable to or does endanger, annoy, damage or injure any person
or any inhabitant of the City or property of said person or inhabitant.
[R.O. 2008 §215.130; Ord. No. 6601 §§1 — 2, 11-24-2003; Ord. No. 6908 §§1 — 2, 5-14-2007]
A.
The
following vehicles shall be prohibited and are declared a nuisance:
1.
Abandoned vehicle: Any unattended motor vehicle,
trailer, all-terrain vehicle or outdoor motor or any vessel removed
or subject to removal from a public or private property as provided
in this Chapter, whether or not operational, or any motor vehicle
on the right-of-way of any public road or State highway or on any
private property owned by another without the consent of the owner
or occupant.
2.
Elevated vehicle: Any vehicle, licensed or unlicensed,
which is raised, but not supported under the axles, or is raised to
a height where the tires are more than two (2) inches off of the ground.
3.
Junk vehicle: Any type of self-propelled device
or part thereof designed to be self-propelled, that is moved by power,
other than human power, is designed to travel along the ground, is
located on private property and is damaged, stripped or wrecked or
has missing wheels or tires, or flat tires, or broken or missing window
glass and located outside of an enclosed structure. Junk vehicles
shall include, but not be limited to, all-terrain vehicles, automobiles,
motorcycles, snowmobiles, tractors, trailers, trucks and wagons.
4.
Unlicensed vehicle: Any type of self-propelled device,
or part thereof, that is moved by power, other than human power, is
designed to travel along the ground, is located on private property,
located outside of an enclosed structure and does not have showing
a current State license plate, or is improperly registered or licensed
pursuant to any State or local laws or regulations. Unlicensed vehicles
shall include, but not be limited to, automobiles, motorcycles, trailers
and trucks. An unlicensed vehicle shall not be allowed to exist on
private property outside of an enclosed structure.
5.
The following shall be exempt from this Section:
a.
Vehicle(s) or parts thereof that are in disrepair and are located
on the premises of a duly licensed automobile repair or sales business
for a period not to exceed three (3) months.
b.
Vehicle(s) located on the premises of a duly licensed motor vehicle
junk business or junk yard maintained in accordance with City Code
and holding a valid Missouri license.
c.
Vehicle(s) or parts thereof which are used as part of rescue training
exercises conducted by law enforcement, fire departments or ambulance
districts.
[R.O. 2008 §215.140; Ord. No. 6601 §§1 — 2, 11-24-2003; Ord. No. 6789 §§1 — 2, 10-10-2005]
A.
No
owner, occupant or person in possession, charge or control of any
property shall allow or permit weeds contrary to the provisions of
this Section, rank growth or noxious weeds as defined in this Chapter
to exist or be maintained on that property or on one-half (½)
of the platted right-of-way abutting thereon or on the street or alley
abutting thereon.
B.
All
weeds, grasses and non-agricultural plants which are seven (7) inches
or more in height or any other rank growth of vegetation that may
be injurious to health by releasing particulate matter into the atmosphere
or other means, or which are considered noxious by the State of Missouri,
obstructs vehicular or foot traffic, infringes upon the enjoyment
or use of adjacent properties or may be conducive to fires or combustion
are declared to be a nuisance.
C.
The
owner or occupant of any property of three (3) acres or more that
is either agricultural in character or a woodland shall ensure that
all weeds and rank growth of vegetation on said property are cut and/or
maintained so as not to obstruct or interfere with vehicular or foot
traffic upon any public roadway or sidewalk and so as not to interfere
with the line of sight of operators of motor vehicles upon any adjoining
street, alley or roadway.
D.
Noxious
weeds, as defined by this Chapter and by State law, are declared a
nuisance and shall be entirely removed from agricultural, commercial
and residential lots.
