[Ord. No. 484 §1, 7-1-2002]
No person shall permit, cause, keep, maintain or create any
nuisance within the City limits as defined by the laws of the State
of Missouri, this Code or other ordinances of the City or Foristell.
[Ord. No. 484 §1, 7-1-2002]
As used in this Chapter, the following terms shall have the
following meaning:
ABANDONED PROPERTY
Any unattended vehicle, motor vehicle, trailer, all-terrain
vehicle, out-board motor or vessel or parts thereof removed or subject
to removal from public or private property as provided in this Chapter,
whether or not operational.
ABANDONED VEHICLE
Any abandoned property or vehicle, part or parts thereof,
situated on public or private property illegally or on any street
or highway:
1.
Which does not have displayed thereon a permanent license plate,
set of plates or other information indicating current registration
by one (1) of the States or territories; or
2.
For which no arrangements have been made for its storage with
the owner or occupant of the premises on which it is located; or
3.
The owner of such vehicle has indicated by his words or actions
intent to leave the same and no longer claims ownership thereof.
4.
A vehicle or motor vehicle stored on public property without
being moved for three (3) days (seventy-two (72) continuous hours).
5.
A vehicle located on public property or right-of-way in such
a manner as to constitute a hazard or obstruction to the movement
of pedestrian or vehicular traffic.
6.
A vehicle from which the engine, transmission or differential
has been removed or that is otherwise partially dismantled or inoperable
and left on public property or right-of-way for three (3) days (seventy-two
(72) continuous hours).
JUNK
1.
All inorganic refuse such as, but not limited to, any worn out,
cast off or discarded article or material which is ready for destruction
or has been collected or stored for salvage or conversion to some
other use and any unwholesome or combustible substance or material
which creates an obnoxious condition or is injurious to the health
or general welfare of the citizens of Foristell.
2.
Junk also includes, but is not limited to, old or scrap copper,
brass, tin, lead or other base metals, cordage, rope, rags, fibers,
fabrics, batteries, bottles or other glass, bones, paper, trash, rubber,
debris, waste or junked, dismantled or wrecked vehicles or parts thereof,
iron, steel, and other old or scrap ferrous or non-ferrous material.
3.
Junk also includes, but is not limited to, portions of vehicle
hoods, fenders, radiators, rims, motor parts, old or discarded tires,
household appliances, furniture, construction debris, plumbing fixtures,
discarded, dismantled, wrecked, scrapped or ruined vehicles or motor
vehicles or parts thereof.
4.
Anything that is or may create a fire hazard.
JUNK MOTOR VEHICLE
A discarded, dismantled, wrecked, scrapped or ruined motor
vehicle or parts thereof, an unregistered motor home not connected
to water and/or sewer, or a vehicle other than an on-premise utility
vehicle which is allowed to remain unregistered for a period of thirty
(30) days from the date of discovery.
MOTOR VEHICLE
Any self-propelled vehicle or device not operated exclusively
upon stationary rails or tracks, except farm tractors and motorized
bicycles, and any operational motor vehicle used exclusively in an
agricultural zone and not operated on public streets or highways.
These exemptions do not permit the creation of junk yards in agricultural
zones.
MOTORIZED BICYCLE
Any two-wheeled or three-wheeled device having fully operative
pedals capable of propulsion by human power, an automatic transmission
and a motor with a cylinder capacity of not more than fifty (50) cubic
centimeters, which produces less than two (2) gross brake horsepower
and is capable of propelling the device at a maximum speed of not
more than thirty (30) miles per hour on level ground.
PERSON
Any natural person, corporation or other legal entity.
PRIVATE ROAD OR DRIVEWAY
Every way or place in private ownership (not publicly owned
and maintained) and used for vehicular travel by the owner(s) and
those having express or implied permission from the owner(s) but not
by other persons. This includes all streets that have not been accepted
by the Board of Aldermen as a City street.
REFUSE
All material that has been dropped or cast aside and left
unused, whether organic or inorganic.
RIGHT-OF-WAY
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
ROADWAY
That portion of a public road or State highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
RUBBISH or GARBAGE
All organic refuse, natural matter and material, whether
animal, vegetable or mineral, manufactured or natural and all trash
and garbage including, but not limited to, rejected or waste household
food, offal, swill, ash, yard clippings, sawdust, branches and leaves
(including all residue from trees and shrubbery).
TOWING COMPANY
Any person or entity that tows, removes or stores abandoned
property.
URBANIZED AREA
An area with a population of fifty thousand (50,000) or more
designated by the Bureau of Census within boundaries to be fixed by
the State Highways and Transportation Commission and local officials
in cooperation with each other and approved by the Secretary of Transportation.
The boundary of an urbanized area shall, at a minimum, encompass the
entire urbanized area as designated by the Bureau of Census.
VEHICLE
Every device or trailer in, upon or by which any person or
property may be transported or drawn upon a highway or otherwise,
excepting devices moved by human power or used exclusively upon stationary
rails or tracts and any operational motor vehicle used exclusively
in an agricultural zone and not operated on public streets or highways.
These exemptions do not permit the creation of junk yards in agricultural
zones.
[Ord. No. 484 §1, 7-1-2002]
A. The
following are declared to be nuisances affecting health and safety:
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. Any pond or pool of stagnant water upon any premises. Stagnant water
shall be any accumulation found in an improperly drained pool, pond
or collector that has not dispersed within five (5) days.
4. Any foul or dirty water or liquid when discharged through any drain,
pipe, hose or spout or thrown, dropped or otherwise deposited into
or upon any street, thoroughfare or premises to the injury or hazard
to the public.
5. Any carcass of a dead animal or fowl which the owner or keeper thereof
permits to remain within the limits of this City for more than twenty-four
(24) hours after death.
6. 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 and
in accordance with City zoning ordinances.
7. 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.
8. 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.
9. 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 any
other person.
10. Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
11. 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 Foristell.
12. Any vehicle used for garbage or rubbish collection or 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.
13. Any deposit, storage, maintenance and/or collection of junk, as defined
herein, outside of a residence or a building is hereby declared to
be a public nuisance and offensive to the public health, welfare and
safety of the residents of the City of Foristell.
14. Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
15. The keeping of any animals or fowl in any area within the City not
zoned for agricultural uses except pet cats and dogs, animals in public
or licensed zoos and animals in laboratories.
16. Any stable, animal pen, poultry yard or coop permitted to be in such
condition as to become offensive or injurious to the public.
17. Any cellar, vault, private drain, pool, privy, sewer, cistern or
sinkhole upon any premises permitted to become foul, offensive, hazardous
or injurious to the public health.
18. Leg-hold traps placed outdoors on public or private property for
the capture of animals.
19. Any litter allowed to remain longer than seven (7) calendar days
in any occupied private property or any open or vacant private property
within the City. As used herein, the term "litter" includes garbage, trash, refuse, junk, tree limbs or other putrescible
or non-putrescible solid waste.
20. Any substance, animal, vegetable or mineral, which emits an offensive,
noxious, putrid or unhealthy odor.
21. Any lot or land if it has the presence of junk or debris of any kind
including, but not limited to, weed cuttings, cut or fallen trees,
and shrubs, overgrown vegetation and noxious weeds that are nine (9)
inches or more in height, rubbish and trash, lumber not piled or stacked
twelve (12) inches off the ground, rocks, dirt piles or brick, tin,
steel, parts of derelict vehicles, broken furniture, any flammable
material that might endanger public safety, or any material which
is unhealthy or unsafe.
22. Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Foristell and the Statutes
of the State of Missouri.
23. Any discharge into a stormwater system of 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 stormwater drainage system
or interferes with the proper operation of the system or which will
pollute the natural creeks or waterways.
24. Any dead trees, limbs or shrubs hazardous or injurious to the public.
25. Any trees or shrubbery which interfere with the operation or visibility
of a fire hydrant or other utility structure.
26. Any obstruction, including dirt, mud, snow, ice or filth, caused
or permitted on any sidewalk to the danger of the public. Any stones,
dirt, garbage, filth, vegetable matter or other articles allowed to
remain on or in any street, alley, sidewalk or other public place
or on any public premises. (As used herein, public premises shall
include any area open to the general public either privately or publicly
owned.)
27. Each act, practice, conduct, business, occupation calling, trade,
use of property or thing done or made, permitted, allowed or continued
on any property, private or public, by any person or corporation,
their agents or servants or other things detrimental or certain to
be detrimental to any of the inhabitants of the City of Foristell,
or damage or injure any of the inhabitants of the City of Foristell
and not herein before specified.
[Ord. No. 484 §1, 7-1-2002]
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, 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.