[R.O. 1993 § 225.400; Ord. No. 2643 § 1, 11-13-2007]
A.
Definitions. As used in this Article,
the following words shall be construed to have the meanings set forth
below:
CONTROLLED SUBSTANCES
Drugs, substances or immediate precursors in Schedules I
through V listed in Sections 195.005 to 195.425, RSMo.
INHABITABLE STRUCTURE
A ship, trailer, sleeping car, airplane or other vehicle
or structure:
1.
Where any person resides, lives or carries on business or other
vocation; or
2.
Where people assemble for purposes of business, government,
education, religion, entertainment or public transportation; or
3.
Which is used for overnight accommodation of persons. Any such
vehicle or structure is "inhabitable" regardless of whether a person
is actually present.
B. Any
room, building, structure or inhabitable structure which is used for
the illegal use, keeping or selling of controlled substances is hereby
declared to be a public nuisance. No person shall keep or maintain
such a public nuisance.
C. In
addition to any other municipal ordinance prosecutions, the City Prosecutor
may, by information, charge the owner or the occupant or both the
owner and the occupant of the room, building, structure or inhabitable
structure with the violation of keeping or maintaining a public nuisance.
D. Notwithstanding
the other Sections of this Chapter, if the City Manager or the City
Manager's designee finds that the owner of the room, building, structure
or inhabitable structure knew that the premises were being used for
the illegal use, keeping or selling of controlled substances, the
City Manger or the City Manager's designee may order that the premises
shall not be occupied or used for such period as the City Manager
or the City Manager's designee may determine, not to exceed one (1)
year.
E. It
is unlawful for any person to occupy or use or to permit the occupancy
or use of any room, building, structure or inhabitable structure in
violation of any order issued by the City Manager or the City Manager's
designee pursuant to this Section.
F. The
closure of any place pursuant to this Section shall not constitute
an act of control by the City of the closed place.
[R.O. 1993 § 225.410; Ord. No. 2643 § 1, 11-13-2007]
A. As
used in this Section, "place" means any building, dwelling unit, lot,
plot or parcel of land, premises, room or structure.
B. Any
place which is used for the commission of crimes, ordinance violations
or acts done, permitted, allowed or continued to the damage or injury
of any of the inhabitants of the City is hereby declared to be a public
nuisance.
C. The
Police shall notify the owner and occupant of any place used for the
commission of crimes, ordinance violations or acts done, permitted,
allowed or continued to the damage or injury of any inhabitants of
the City, that the place is in violation of this Section, including
the reason why and that if the place continues to be used in such
a manner, a hearing shall be held to determine whether a public nuisance
exists and, if so, to determine the appropriate abatement remedies,
including that the place not be occupied or used for a period of up
to one (1) year. Notice shall be by personal service or certified
mail or by posting on the premises.
D. If
the place continues to be used for the commission of crimes, ordinance
violations or acts done, permitted, allowed or continued to the damage
or injury of any inhabitants of the City after such notice, the Police
shall file a petition with the City Manager which shall state what
relief is sought or proposed and the reason for granting it.
E. The
City Manager or his or her designee shall set the time and location
for a hearing based on the petition and shall cause notice thereof
and a copy of the petition to be served on the owner and occupant
of the place at least ten (10) days prior to the hearing. Service
shall be personal or by certified mail or by posting on the premises.
F. At
the hearing the City Manager or his or her designee shall determine
whether the place is a public nuisance, giving such weight to the
following factors as he or she deems appropriate:
1. The physical characteristics of the neighborhood in which the place
is located, with particular consideration given to the proximity of
the place to residential property, parks, churches, schools and playgrounds;
2. Whether there is littering, as prohibited by law, by the owner, occupant
or any person frequenting the place;
3. Whether there is drinking of alcoholic beverages in public, as prohibited
by law, by the owner, occupant or any person frequenting the place;
4. Whether there is lewd and indecent conduct, as prohibited by law,
by the owner, occupant or any person frequenting the place;
5. Whether there is the possession, sale or use of controlled substances,
as prohibited by law, by the owner, occupant or any person frequenting
the place;
6. Whether there is harassing or intimidating conduct, as prohibited
by law, by the owner, occupant or any person frequenting the place
toward any person living in the neighborhood or passing by the place;
7. Whether there is noise prohibited by the law, caused by the owner,
occupant or any person frequenting the place;
8. Whether there is the commission of other crimes, ordinance violations
or acts done, permitted, allowed or continued to the damage or injury
of any inhabitants of the City, by the owner, occupant or any person
frequenting the place;
9. Whether there are street or sidewalk congestions caused by the owner,
occupant or any person frequenting the place;
10. Any other activity deemed relevant by the City Manager or designee.
G. For
purposes of this Section, a person shall be considered to frequent
a place if he or she lives or works at or visits the place, or if
the person loiters about the place.
H. If
the City Manager or his or her designee finds that the place is a
public nuisance in violation of this Section, he or she shall order
the owner or occupant to abate the nuisance within seven (7) days
or a shorter period of time if deemed necessary by the City Manger
or his/her designee in his/her sole discretion and may further order
any appropriate action to abate the same, including that the place
shall not be occupied or used for a period not exceeding one (1) year.
I. The
closure of any place pursuant to this Section shall not constitute
an act of possession, ownership or control by the City of the closed
place.
J. Nothing
contained in this Section shall relieve the owner or occupant of any
place from complying with the building, fire, property maintenance
and zoning codes or any other ordinance that regulates the condition
or use of the place.
[R.O. 1993 § 225.420; Ord. No. 2643 § 1, 11-13-2007]
A. It
is unlawful for any person to:
1. Fail to obey an order to abate a nuisance issued pursuant to this
Article;
2. Interfere with any entry into or upon the place by any Police Officer,
agent or employee of the City for the purpose of abating the nuisance
as ordered pursuant to this Article;
3. Occupy or use or permit any other person to occupy or use any place
ordered closed pursuant to this Article;
4. Damage or remove any notice or order posted at the place pursuant
to this Article;
5. Keep or maintain a place used for the commission of crimes, ordinance
violations or acts done, permitted, allowed or continued to the damage
or injury of any inhabitants of the City.
[R.O. 1993 § 225.430; Ord. No. 2643 § 2, 11-13-2007]
Any person who violates the provisions of this Article, upon
conviction, shall be deemed guilty of an ordinance violation punishable
by a fine not less than one dollar ($1.00) nor more than five hundred
dollars ($500.00) or imprisonment not exceeding ninety (90) days,
or both such fine and imprisonment.