City of Stockton, MO
Cedar County
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Table of Contents
Table of Contents
[CC 1979 §74.010 (3 — 7, 11 — 13); Ord. No. 223 §4, 3-10-1997]
The following are declared to be nuisances affecting health:
All decayed or unwholesome food offered for sale to the public, or offered to the public at no charge.
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
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.
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.
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.
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.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
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.
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.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
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.
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.
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.
All pavements, sidewalks, curbstones, awnings or awning posts permitted to be out of repair.
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.
All goods, boxes, barrels or other articles, commodities or materials permitted to remain on the sidewalk or in any gutter.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.