[CC 1979 §74.010 (3 — 7, 11 — 13); Ord. No. 223 §4, 3-10-1997]
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 Stockton.
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.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Stockton and the Statutes
of the State of Missouri.
14.
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.
15.
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
Stockton.
16.
All pavements, sidewalks, curbstones, awnings or awning posts permitted
to be out of repair.
17.
All business or professional signs so hung or placed so as to interfere
in any manner with the pedestrians upon any sidewalk, or hung or suspended
over any sidewalk at such height or in any such manner that they may
come in contact with the person or apparel of any pedestrian passing
along such sidewalk.
18.
All goods, boxes, barrels or other articles, commodities or materials
permitted to remain on the sidewalk or in any gutter.
19.
All cattle, sheep or hog pens in a condition that offensive odors
or smells arise therefrom to the injury or annoyance of the public
or any inhabitant of the neighborhood.
20.
Any wood, coal, barrels, boxes, crates or other articles or materials
whatsoever deposited or permitted to remain on any street, sidewalk
or alley, provided however, that this clause shall not be so construed
as to prohibit persons from receiving or discharging such articles
in the ordinary course of business, unless such articles are permitted
to remain longer than six (6) hours upon such street, sidewalk or
alley; nor shall it apply to the necessary use of the streets, sidewalks
or alleys in the erection, repairing or moving of buildings.
21.
All shade or ornamental trees upon or in front of or adjoining any
property, the limbs or branches of which hang so as to interfere with
pedestrians passing along the street.
22.
No building or premises in any part of the City shall be used for
any trade, industry or purpose that is noxious or offensive by reason
of emission of odor, smoke, gas, fumes or noise or that is detrimental
to the public health, safety or welfare.
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 Stockton, or within one-half (½) mile of the corporate
limits of the City of Stockton, 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.
[CC 1979 §74.070]
If complaint be made by any other person than an officer authorized
by this Chapter to make complaint of nuisances, and the person or
persons complained of be acquitted or discharged, the person so making
such complaint shall be liable for all costs in such proceeding or
prosecution, and the same shall be taxed against such complainant
or prosecutor and recovered by civil action in the name of the City,
in any court of competent jurisdiction and such complainant or prosecutor
shall, in the discretion of the court, give security for the payment
of such costs, and in such cases the City shall not be liable for
any costs.
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 1979 §74.090]
Every place within the limits of the City of Stockton for public
amusement shall have at least the following arrangements for the safety
from fire of those attending therein: The seats shall be located in
rows with spaces between them adequate for easy ingress and egress,
and an aisle at least four (4) feet in width shall run centrally between
the rows on the lowest floor, if more than one (1) floor from the
commencement of the seats toward the place of performance, exhibition
or speaking, as far as seats are located and if there be only one
(1) floor, then between the rows on that floor and also an aisle at
least three (3) feet in width shall be made to run along the outward
ends of the said rows of seats, and also along or around the ends
of all rows of seats wherever located, and all aisles shall be kept
unobstructed toward places of egress; all seats shall be located in
rows to which such aisles shall conform. All doors for egress shall
open outwardly and there shall be as many doors for egress for those
in attendance as can be made consistently with the proper strength
of the building, and all scenery shall be made as secure against becoming
inflamed as reasonably practicable and also all reasonably practicable
arrangements shall be made for the constant supply of water or other
means for the extinguishment of fires, and they shall be kept constantly
effective during the presence of an audience. No more persons shall
be admitted into any such place than there are seats therefor located
as aforesaid.
