[2003 Code, § 90.15; Ord. 082003, passed 7-8-2003]
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 upon any public or private place within the city which is injurious or dangerous to the public health is hereby declared a nuisance.
[2003 Code, § 90.16]
(A) 
The Board of Aldermen may make regulations and pass ordinances for the prevention of the introduction of contagious diseases in the city and for the abatement of the same and may make quarantine laws and enforce the same within five miles of the city.
(B) 
(1) 
It may purchase or condemn, and hold for the city, within or without the city limits, within five miles therefrom all necessary lands for hospital purposes, waterworks, sewer carriage and outfall and erect, establish and regulate hospitals, workhouses, poorhouses and provide for the government and support of the same and make regulations to secure the good, general health of the city and to prevent and remove nuisances.
(2) 
The condemnation of any property outside of the city limits shall be regulated in all respects as the condemnation of property for railroad purposes is regulated by law.
(3) 
The police jurisdiction of the city shall extend over the land and property to the same extent as over public cemeteries, as provided by law.
[2003 Code, § 90.17]
(A) 
General. The Board of Aldermen shall have power to cause a general sewer system to be established, which shall be composed of three classes of sewers: public; district; and private sewers.
(B) 
Public sewers. Public sewers shall be established along the principal courses of drainage, at such points, to the extent of the dimensions and under the regulations as may be provided by ordinances, and these may be extensions, or branches of sewers already constructed, or entirely new throughout, as may be deemed expedient. The Board of Aldermen may levy a tax on all property made taxable for state purposes over the whole city, to pay for the constructing, reconstruction and repairing of the amount as may be required for the sewer, provided by ordinance to be built; and the fund arising from the tax shall be appropriated solely to the constructing, reconstructing and repairing of the sewer.
(C) 
District sewers.
(1) 
Creation.
(a) 
District sewers shall be established for the districts created to be prescribed by ordinance and shall connect with the public sewers or other district sewers or with the natural course of drainage as each case may be, and may be constructed with the main branch or discharge pipe wholly within or beyond the boundary of the district, as the Board of Aldermen shall determine.
(b) 
The district may be subdivided, enlarged or changed by ordinance at any time previous to the construction of the sewers therein; and more than one district sewer may be laid in a sewer district if deemed necessary by the Board of Aldermen for sanitary or other purposes.
(c) 
The Board of Aldermen shall cause sewers to be constructed in each district whenever a majority of the resident property holders therein shall petition therefor, or whenever the Board of Aldermen shall deem the sewers necessary for sanitary or other purposes and the sewers shall be of the dimensions and materials, as may be prescribed by ordinance, and may be changed, enlarged or extended, and shall have all necessary laterals, inlate, catch basins, manholes and other appurtenances.
(2) 
Special tax.
(a) 
As soon as any district sewer shall have been completed, the City Engineer or other officer having charge of the work shall compute the whole cost thereof, and shall apportion the same against the lots, tracts or parcels of ground, exclusive of the improvements, in the proportion to the area of the whole district exclusive of public highways; and the officer shall report the same to the Board of Aldermen by bill or otherwise, and the Board of Aldermen shall thereupon levy and assess a special tax by ordinance against each lot, tract or parcel of ground within the district in the name of the owner or owners thereof.
(b) 
Whereupon, the City Clerk shall make out a certified tax bill under the seal of the city of the assessment against each lot, tract or parcel of ground within the district in the name of the owner or owners thereof. The certified special tax bill shall be signed by the Mayor and attested and recorded by the City Clerk and shall be delivered to the contractor for the work, who shall proceed to collect the same by the ordinary process of the law in the name of the city to his or her own use and in case of absent owners, he or she may sue by attachment; or by any other process known to the law.
(3) 
Payment of tax. The certified tax bills shall become due and payable 30 days after the date of issue thereof unless the owner of the property described therein shall have filed a written request with the City Clerk, prior to the acceptance of the work by the city, that his or her tax bill shall be made payable in installments, in which event, the special tax bill shall be payable in annual installments as follows: one-fifth in one year, one-fifth in two years, one-fifth in three years, one-fifth in four years and one-fifth in five years after the date of their issuance.
(4) 
Failure to pay installment.
(a) 
The whole of any such special tax bill made payable in installments may be paid at the date of any installment payment; provided, however, that, if any installment is not paid when the same becomes due, the remainder of the unpaid installments shall, at the option of the tax bill, become immediately due and payable.
(b) 
Every such certified tax bill, whether the same be made payable in installments or not, shall bear interest at the rate of 8% per annum from 30 days after the date of issue until paid and shall be a special lien against the property described therein, for a period of five years from its date, except when made payable in installments, when the special lien shall, for a period of one year after the date of the last installment payment, become due.
(c) 
Every certified tax bill shall on action brought to recover the amount thereof be prima facie evidence of the validity of the charges against the property therein described and of the liability of the person or persons therein named as the owner or owners of the property.
(D) 
Private sewers.
(1) 
Private sewers are such sewers as have heretofore been constructed and shall hereafter be constructed at private expense and they may be constructed before or after the establishment of general or district sewer systems of sewers in the city by corporations or persons to whom the Board of Aldermen shall give the right by ordinance.
(2) 
The sewers shall be constructed only along the courses, streets, alleys or roadways and of the materials and in the manner and subject to the regulations as to the disposition of the sewage as the Board of the city may, by ordinance, prescribe; provided, however, that, the private sewers may, at any time, be taken and appropriated by the city and incorporated into or made a part of any public or district sewer system or systems by the city, in the manner provided for in divisions (F) and (G) below.
(E) 
Appropriation of private sewers.
(1) 
Whenever the city may desire to take and appropriate any private sewer and incorporate the same into, or make the same a part of, a public or district sewer system or systems of the city, the Board of Aldermen should pass an ordinance to that effect, and should therein state the sewer district into which the same should be incorporated or made a part of.
(2) 
Thereupon, the City Engineer shall ascertain and determine the proper amount of compensation to be paid for the private sewer and report, in writing, to the Board of Aldermen the amount by him or her so ascertained and determined.
(3) 
Thereupon, the Mayor shall cause to be served by the city police officer, upon the owner of the private sewer, a certified copy of the ordinance and also a certified copy of the report of the City Engineer and the city police officer shall make return of the service to the Board of Aldermen, the service thereof to be made in the same manner as is provided by law for serving process in civil actions upon defendants.
(F) 
Application to Court for compensation amount. Within ten days after notice of the ordinance and report shall have been served, as provided in division (E) above, when either the owner of the private sewer or the city, if dissatisfied with the amount of the compensation so reported by the Engineer, may apply to the Circuit Court of the county in which the city is located or to the Judge thereof in vacation, by petition, in which the other party shall be named as defendant, set forth a description of the sewer and that the same is about to be appropriated by the city and paying the appointment of three disinterested freeholders as commissioners to ascertain the amount of the compensation to be paid for the sewer, and the proceedings thereunder shall, in all respects in which they may be applicable be the same as those provided by state law, the appropriation and valuation of lands taken for telegraph, telephone, gravel and plank or railroad purposes.
(G) 
Payment of compensation.
(1) 
If neither the owner of the sewer or the city shall apply to the Circuit Court, as is provided in division (F) above, within ten days after service, as is provided in division (E) above, or if the application to be made within ten days, then, when and as soon as the amount of the compensation to be paid shall have been finally determined, the city shall appropriate the amount to be paid for the private sewer, if the private sewer is to be incorporated into or made a part of the public sewer system of the city, and shall, upon the demand of the owner of the sewer, pay same over to the owner; but, if the private sewer is to be incorporated into or made a part of any district sewer district or districts of the city, then the City Engineer shall apportion the amount to be paid therefor, determined as aforesaid, among all of the lots or pieces of ground, exclusive of improvements, in the district sewer district or districts to which the private sewer is to be appropriated or made a part of in proportion to the area of the whole district or districts, exclusive of the public highways, and report the apportionment, in writing, to the Board of Aldermen and the Board of Aldermen may thereupon levy and assess a special tax by ordinance against each lot or piece of ground within the sewer district or districts, in the same of the owner or owners thereof.
(2) 
(a) 
Thereupon, special tax bills, payable to the owner of the private sewer, shall be made out, certified, attested and recorded in the same manner as is provided in division (C) above, and their legal effect and method of enforcement shall, in all respects, be the same as in the statutes provided for special tax bills for the construction of district sewers; and the special tax bills shall, on the demand of the owner of the private sewer, be delivered to the owner, and shall be in full payment of the private sewer.
(b) 
When, and as soon as the city shall have appropriated the amount so determined to be paid for a private sewer to be appropriated to or made a part of the public sewer system of the city, or shall have ready for delivery the special tax bills herein provided for as the compensation to be paid for a private sewer to be so appropriated to, or made a part of a district sewer district or districts of the city then and, in either event, the title to the private sewer shall immediately vest in the city and the city shall thereupon be entitled to the immediate possession and control of the sewer.
(H) 
Uniting sewer districts. Whenever the city may deem it necessary that a sewer should be constructed or reconstructed in any part of the city containing two or more sewer districts, it may, by ordinance, unite the sewer districts into a joint sewer district and cause a sewer to be constructed therein in like manner in all respects, as is provided in division (C) above, in case of district sewers, and should the Board of Aldermen, by ordinance, unite two or more sewer districts into a joint sewer district for the purpose of constructing a joint district sewer therein, the action of the Board of Aldermen shall be conclusive for all purposes, and no special tax bill shall be held invalid or be affected on account of the included drainage area thereof, or the size, character or purpose of the sewer; provided, however, that, no sewer district shall be included in the joint district which is not contained in the natural drainage area of the valley or watercourse in which joint district sewer is proposed to be constructed.
(I) 
No liability or expense to city; incidental expenses and condemnation.
(1) 
Private sewers connected with the public district sewers may be constructed under the restrictions and regulations as the Board of Aldermen may prescribe by general ordinance, but the city shall be at no expense in the construction, repairing or cleaning of the same.
(2) 
The city shall incur no liability for building district sewers, except when the city is the owner of a lot of ground within the district and, in that case, the city shall be liable for the costs of the sewer, in the same manner as other property owners within the district.
(3) 
The repairs, cleaning and other incidental expenses of district sewers shall be paid out of a general appropriation for that purpose.
(4) 
No sewer shall be run diagonally through private property when it is practicable without injury to the sewer, to construct it parallel with one of the exterior lines of the property; nor shall any public sewer be constructed through a street or other public highway.
(5) 
The Board of Aldermen shall have the power to condemn private property for public use, occupation or possession in the construction and repair of public and district and private sewers; in the same manner as other property is condemned within the city for public uses.
[Ord. 90.17A, passed 6-13-2011]
(A) 
(1) 
A set of plans and specifications sealed by a state professional engineer must be submitted to the Clerk of the city, detailing proposed sanitary sewer collection system(s), sanitary sewer lift station(s), force main(s) and the like for the city’s review and approval prior to beginning construction. If required by DNR, a DNR construction permit must be obtained and a copy presented to the city for its files at least five business days prior to the beginning of construction.
(2) 
Sanitary sewer collection systems shall be designed to meet or exceed the minimum requirements of the current revision of the Rules of Department of Natural Resource (DNR), Div. 20, Ch. 8. Plans and specifications must be prepared and sealed by a licensed engineer registered in the state. Collection system main lines shall be a minimum of eight inches in diameter or larger and shall be sized to meet projected flows 20 years in the future from present date of application for construction permit. Lateral service lines from individual properties shall be a minimum of four inches in diameter and shall be sized to meet current and future flows from the property. Service laterals shall be sloped a minimum of one-quarter inch per foot, lateral side or a 45-degree angle on top in the direction of flow. Lateral service lines and the connections to the main line shall be water-tight and shall not penetrate past the inside diameter of the collection line.
(B) 
Manholes shall be four feet in diameter or larger and shall be adequately sized to receive the collection piping.
(C) 
Sanitary sewer lift stations must be designed to meet or exceed the minimum requirements of the current revision of the Rules of Department of Natural Resource, Div. 20, Ch. 8. Plans and specifications must be prepared and sealed by a licensed engineer registered in the state. Lift stations shall be of a duplex or triplex pump configuration and shall be sized to meet projected flows 20 years in the future from present date of application for construction pumping and the pumps shall not cycle any more times per hour than recommended by the pump manufacturer. Lift stations shall have sufficient emergency provisions to satisfy DNR and shall include, at a minimum, an alarm system, emergency storage above the high level alarm, emergency power supply connections (for connection to a portable or permanent generator) and an emergency bypass pumping connection. The valve vault shall be separate from the lift station wet well.
(D) 
In addition to the above criteria, all design and construction must be completed according to all applicable federal, state and local codes and ordinances.
[2003 Code, § 90.18]
(A) 
The Board of Aldermen may establish, alter and change the channel of water sources, wall them, cover them over, prevent obstructions thereon and may establish, make and regulate public walls, cisterns and reservoirs of water and provide for filling the same.
(B) 
The Board of Aldermen may purchase grounds, erect and establish market houses and market places, regulate and govern the same and also may contract with any person or persons, association or corporation for the erection, maintenance and regulation of market houses and market places, on such terms and conditions, and in such manner as the Board of Aldermen may prescribe.
(C) 
It may also provide the City Hall, workhouse, houses of corrections, prisons, engine houses and any and all other necessary buildings for the city, and may sell, lease, abolish or otherwise dispose of the same, and may enclose, improve, regulate, purchase or sell all public parks or other public grounds belonging to the city, and may purchase and hold grounds for public parks within the city or within three miles thereof.
[2003 Code, § 90.19]
(A) 
The Board of Aldermen may prescribe limits within the city, within which no lumberyard or woodyard shall be kept and may regulate, restrain or prohibit the erection or maintenance of any fence composed in whole or in part of barbed wire, along or adjacent to any public street, avenue, alley, park, lane, cemetery or other public grounds.
(B) 
(1) 
The Board of Aldermen may also regulate or prohibit the running at large of cattle, hogs, horses, mules, sheep, goats and all other domestic animals; and also geese, ducks, chickens, turkeys and all other domestic fowls; and cause the animals or fowls as may be running at large to be impounded and sold in such manner and at such time as may be prescribed by ordinance.
(2) 
They may also provide penalties for the owners or keepers who shall permit the animals or fowls to be at large.
(3) 
The Board of Aldermen may also provide for the erection of all pounds, pens and buildings for the use of the city, within or without the city limits, and appoint and compensate keepers thereof and establish and enforce rules governing the same.
(4) 
The Board of Aldermen may also tax, regulate, restrain and prohibit the running at large of dogs and provide for their destruction, when at large contrary to ordinance, and impose penalties on the owners or keepers thereof.
[2003 Code, § 90.20]
(A) 
The Board of Aldermen may prohibit and prevent all encroachments into and upon sidewalks, streets, avenues, alleys and other public places of the city, and may provide for the removal of obstructions from the sidewalks, curbstones, gutters and crosswalks at the expense of the owners or occupants of the ground fronting thereon or at the expense of the persons causing the same.
(B) 
It may also regulate the planting of shade trees, erecting of awnings, hitching posts, lamp posts, awning posts, telephone, telegraph and electric light poles and making of excavations through and under the sidewalks, or in any public street, avenue, alley or other public place within the city.
(C) 
It may prevent and punish for all horse racing, other racing, fast riding or driving or training in the streets, highways, avenues, alleys or over bridges or through tunnels in the city; and all games, practices or amusements therein likely to result in damage to any person or property, and to regulate, prevent and punish for the riding, driving, landing, standing, hitching or passing of horses, mules, oxen or other teams or stock of animals or any vehicle over or upon or across or along any sidewalk, street, avenue or alley of the city.
[2003 Code, § 90.21]
The Board of Aldermen shall have power to regulate the crossing of streets and avenues with railroad tracks, and to provide precautions and prescribe rules regulating the railways and crossings; and to regulate the running, handling and the operation of railway engines and cars within the limits of the city, and to prescribe rules relating thereto, and to govern the speed of railway engines, cars and trains, and to make and enforce rules and restrictions to prevent accidents at crossings and on the tracks of railways, and may provide punishment and fines, within the limits of this chapter for any person or corporation violating the ordinance authorized by this section.
[2003 Code, § 90.22]
(A) 
(1) 
The Board of Aldermen shall have power to purchase, receive and to hold real estate, as herein mentioned, for public cemeteries, either within or without the city, within a distance of three miles thereof, and the city and its officers shall have jurisdiction over the cemeteries wherever located; provided that, no cemetery shall exceed 80 acres in one body.
(2) 
The Board of Aldermen shall provide for the survey, platting, grading, fencing, ornamenting and improving of all the cemetery grounds and the avenues leading thereto owned by the city, may construct walks and protect ornamental trees and provide for paying the expenses therefor.
(3) 
The Board of Aldermen may make rules and pass ordinances imposing penalties and fines; regulating, protecting and governing city cemeteries, the owners of lots therein, visitors thereto and punish trespassers therein; and the officers of the city shall have full jurisdiction and power to enforce the rules and regulations and ordinances as though they related to the city itself.
(B) 
(1) 
The cemetery lots shall be conveyed by certificates signed by the Mayor, and countersigned by the City Clerk, under the seal of the city, specifying that the purchaser to whom the same is issued is the owner of the lot described therein by numbers, as laid down upon the official map or plat of the cemetery made by the city, for the purpose of interment, and the certificate shall vest in the purchaser, his or her heirs or assigns, a right in fee simple to the lots, for the sole purpose of interment, pursuant to the regulations of the Board of Aldermen.
(2) 
The certificates shall be entitled to be recorded in the office of the Recorder of Deeds of the county without further acknowledgment and the description of lots shall be deemed and recognized as sufficient description thereof.
(3) 
The Board of Aldermen may limit the number of lots owned by the same person at the same time, and may prescribe rules for enclosing, adorning and erecting monuments, tombstones and ornaments on cemetery lots and prohibit any improper adornment thereof; but no religious test shall be made to the ownership of the lots, or the burials had therein, or for the ornamentation of graves or lots.
[2003 Code, § 90.23]
(A) 
The Board of Aldermen shall enact ordinances to prohibit and to suppress houses of prostitution and other disorderly houses and practices, including gambling and gambling houses, and all kinds of public indecencies and may prohibit the selling or giving of intoxicating liquors to any minor or habitual drunkard.
(B) 
The Board of Aldermen shall also enact ordinances to restrain and prohibit riots, noises, assaults and batteries, disturbances of the peace, disturbances of religious and other lawful assemblies, indecent shows, exhibitions or concerts in any street, house or place in the city, disorderly assemblies and to regulate, restrain and/or to prevent the discharge of firearms, and the keeping and discharge of rockets, powder, fireworks or other dangerous combustible materials in the streets or in the limits of the city.
(C) 
The Board of Aldermen may also regulate and control the construction of buildings, the construction and cleaning of fireplaces, chimneys, stoves and stove pipes, ovens, boilers, kettles, forges or any apparatus used in any building, manufacturing or business which may be dangerous in causing or promoting fires and may provide for the inspection of the same.
(D) 
The Board of Aldermen may also provide, by ordinance, limits within which no building shall be constructed, except of brick, stone or other incombustible materials, with fire-proof roofs, and impose a penalty for the violation of the ordinance, and may cause buildings commenced, put up or removed into the limits in violation of the ordinance to be removed or abated.
(E) 
The Board of Aldermen may also purchase fire engines, hook and ladder outfits, hose and hose carts, buckets and all other apparatus useful in the extinguishing of fires, and organize fire companies and prescribe rules of duty for the government thereof, with such penalties for the violation thereof, as it may deem proper, and not exceeding $100 and to make all necessary expenditures for the purchase of the fire apparatus and the payment of the fire companies.
[2003 Code, § 90.24; Ord. 082003, passed 7-8-2003]
It is deemed a nuisance for any person to throw or cause to be thrown into any street, alley, thoroughfare or public place or upon any private property, belong to, or in possession of another, within the city, any animal, vegetable or other substance whatever, which is or may become putrid, offensive or unhealthy.
[2003 Code, § 90.25; Ord. 082003, passed 7-8-2003]
The carrying on of any business in the city or within one-half mile thereof, which may be dangerous or detrimental to the public health, or the manufacturing or vending of articles obnoxious to the health of the inhabitants of the city, is hereby declared a nuisance.
[2003 Code, § 90.26; Ord. 082003, passed 7-8-2003]
No person shall conduct, cast or throw or suffer to escape into the highway, thoroughfare, alley or other public place, or upon any private property belonging to, or in possession of another, within the city, from any kitchen, house, tenement or other source, any filthy or unclean water, or suffer any unclean water to escape into any private property, such is deemed a nuisance.
[2003 Code, § 90.27; Ord. 082003, passed 7-8-2003]
Any person or persons who shall, in the city, own, keep or use any stockyard, pen, place or premises in or upon which any number of cattle, shall be kept as to be offensive to those residing in the vicinity thereof, or an annoyance to the public shall be deemed guilty of maintaining a nuisance and, upon conviction thereof, be judged guilty of creating a nuisance. Every day such structure, lot or premises shall be so used shall be deemed a separate offense.
[2003 Code, § 90.28; Ord. 082003, passed 7-8-2003]
(A) 
No person shall keep or maintain within the city, any hog or hogs, and whoever shall violate this stipulation shall be deemed guilty of a misdemeanor. Each day that swine is kept within the city shall constitute a separate offense.
(B) 
It shall be lawful for a resident of the city to keep a registered pot-bellied pig as a domestic pet. The permission granted hereunder shall be limited to one pot-bellied pig per household and all existing restrictions on the restraint of dogs and other domestic animals shall equally apply to any pot-bellied pigs kept by a resident of the city under the authority of this section.
[2003 Code, § 90.29; Ord. 082003, passed 7-8-2003]
It shall be unlawful for any person to cause or maintain any nuisance as defined by the laws of the state or city ordinances within the city or within one-half mile of the corporation limits.
[2003 Code, § 90.30; Ord. 082003, passed 7-8-2003]
Any garbage, ashes, foul, nauseous or unclean water, animal, vegetable matter or other substance which is or may become putrid, offensive or unhealthy to the public, thrown, deposited or allowed to escape into or upon any street, alley, sidewalk or other public place, or upon any private property or in the creek within the city is hereby declared a nuisance.
[Ord. passed 2-11-2011]
(A) 
If any person or persons shall put any dead animal, carcass or part thereof, the offal or any other filth into any well, spring, brook, branch, creek, pond or lake, every person so offending shall, on conviction thereof, be fined not less than $25, nor more than $500.
(B) 
If any person shall remove or cause to be removed and placed in or near any public road or highway, or upon premises not his or her own, or in any river, stream or watercourse any dead animal, carcass or part thereof, or other nuisance to the annoyance of the citizens of the city, or any of them, every person so offending shall, upon conviction thereof, be fined for every offense not less than $25, nor more than $500 and, if such nuisance be not removed within three days thereafter, it shall be deemed a second offense against the provisions of this section.
[Ord. 1988-1, passed 4-12-1988]
(A) 
No person, partnership, corporation or business shall place any sign, merchandise or any other item of personal property on any sidewalk within the city limits to such an extent that said items cover or occupy more than one-third of the width of the sidewalk.
(B) 
Any items described above that are placed on the sidewalks of the city shall be removed each night by the person, partnership, corporation or business that placed those items on the sidewalk.
(C) 
(1) 
In addition to any fine and court costs accessed by the Municipal Court of the city for such violation, the city shall have the authority to seize any items left on a sidewalk in violation of this section.
(2) 
No person, partnership, corporation or business shall be entitled to regain possession of said property until he, she or it has paid to the city all costs incurred in the seizure and storage of said property.
[2003 Code, § 90.31; Ord. 082003, passed 7-8-2003]
Any lot or piece of ground within the limits of the city on which there is a pond or pool of unwholesome, impure or offensive water shall be deemed a nuisance.
[2003 Code, § 90.32; Ord. 082003, passed 7-8-2003]
All privies within the city shall be kept clean and free from all offensive smell, and so enclosed as to prevent indecent exposure of the contents thereof.
[2003 Code, § 90.33; Ord. 082003, passed 7-8-2003]
All vegetable waste, litter, garbage, filth or refuse of any nature, kind or description whatsoever, found in or upon any private alley, yard or area within the city, shall be deemed a nuisance.
[2003 Code, § 90.34; Ord. 082003, passed 7-8-2003]
The owner or possessor of any dumb animal, which may die within the city, shall, within 12 hours after the death of such animal, remove the same beyond the corporate limits and, if such animal be not removed within 12 hours, then it shall be the duty of the Police Chief to cause the same to be removed at the cost of the owner thereof, and the owner failing to remove the animal within 12 hours is deemed guilty of creating a nuisance.
[2003 Code, § 90.35; Ord. 082003, passed 7-8-2003]
Any slaughterhouse in the city, or within one-half mile from the corporate limits hereof, permitted by the person owning or having charge of the same to be in such condition as to become offensive, annoying or injurious to the public health is hereby declared to be a nuisance.
[2003 Code, § 90.36; Ord. 082003, passed 7-8-2003]
Any cellar, vault, private drain, pool, sewer or sink suffered or permitted to become nauseous, foul, offensive or injurious or detrimental to the public health and any stagnant water liable to become putrid, offensive and unhealthy, suffered or permitted to exist in or upon any lot, house, building or enclosure within the city is hereby declared a nuisance.
[2003 Code, § 90.37; Ord. 082003, passed 7-8-2003]
No person shall confine or keep within the city any animal or fowl in any unclean or filthy pen, shed or other enclosure so as to be a nuisance.
[2003 Code, § 90.38; Ord. 082003, passed 7-8-2003]
(A) 
All dangerous buildings, as defined by this section, are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided in this section.
(B) 
All buildings that are detrimental to the health, safety or welfare of the residents of the city and that have any or all of the following defects shall be deemed “dangerous buildings”:
(1) 
Those with interior plumb line passing through the center of gravity falls outside the middle third of its base;
(2) 
Those that, exclusive of the foundation, show 33% or more damage or deterioration of the supporting member or members or 50% damage or deterioration of the non-supporting enclosing or outside walls or covering;
(3) 
Those that have improperly distributed loads upon the floors or roofs, or in which the same are overloaded or that have insufficient strength to be reasonably safe for the purpose used;
(4) 
Those that have been damaged by fire, wind or other causes so as to become dangerous to life, safety or the general health and welfare of the occupants or the people of the city;
(5) 
Those that are so dilapidated, decayed, unsafe, unsanitary or that so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or likely to cause sickness or disease, so as to work injury to the health, safety or welfare of those occupying such building;
(6) 
Those having light, air and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings whom live or may live therein;
(7) 
Those having inadequate facilities for egress in case of fire or panic those having insufficient stairways, elevators, fire escapes or other adequate means of evacuation walls or other vertical structure members that list, lean or buckle to such an extent that a.
(8) 
Those that have parts thereof that are so attached that they may fall and injure members of the public or property; and/or
(9) 
Those that because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the city.
[2003 Code, § 90.39; Ord. 082003, passed 7-8-2003]
Any tall grass or weeds growing upon lots or enclosures, permitting trash, junk, old automobiles or motor vehicles of any sort that are not operational or permitting any trash or piles of junk on the premises, porches, in alleys, along streets or within public view in the city is hereby declared a nuisance.
[2003 Code, § 90.40; Ord. 082003, passed 7-8-2003; Ord. 101309, passed 10-13-2009]
It shall be the duty of the Chief of Police and or Building Commissioner/Inspector, whenever he or she is notified by the Board of Aldermen or the Board of Health, or otherwise has knowledge or where he or she is informed of the existence of any nuisance prohibition by city ordinance, forthwith to give a written notice to the person causing or maintaining such nuisance to abate the same within reasonable time to be specified in such notice. Such notice may be served by the Police Chief, Building Commissioner/Inspector or any police officer in the city. A copy of such notice shall be kept by the officer serving the same, who shall make his or her written return thereon, stating how, when, on whom and where he or she served the same and subscribe his or her name thereto. Such notice may be served by delivering the same to the person to be notified, or copy thereof left at the usual place of abode of such person with a member of his or her family over the age of 15 years of age.
[2003 Code, § 90.41; Ord. 082003, passed 7-8-2003]
The city may through and of its officers prevent, abate and remove any nuisance on public or private property in a summary manner, at the cost of the occupant or owner of the premises where the nuisances or cause thereof may be; provided that, the same was caused by the occupant or owner of the premises or him or her or their agent, and all costs and expenses incurred by the city in removing or abating any nuisance on any private property within the city may be assessed against the occupant or owner, if caused by him, her or them or either of him, her or them or his, her or their agent, and the same shall be assessed as a special tax bill against such private property in the same manner and with the same effect that special tax bills are for paving streets, and shall be a lien against such property, or the cost of removing or abating such nuisance may be made a part of the judgment by the Municipal Judge, in addition to the penalty imposed by the city’s ordinances, in case of conviction in the Municipal Judge’s Court of the person causing or maintaining any such nuisance in the city or within one-half mile thereof.
[2003 Code, § 90.42; Ord. 082003, passed 7-8-2003]
It shall be unlawful for any person, or any officer, agent or employee of any corporation, within the city to cause or maintain any nuisance defined in this subchapter, or in any other ordinance of the city, and it shall be unlawful for any person to fail or refuse to abate or remove the same within the time required and specified in the office of the city police. Upon conviction, such person shall be punished as provided, and every day such nuisance is maintained after such notice shall constitute a separate and distinct offense.
[2003 Code, § 90.43; Ord. 9903, passed 9-9-2003]
(A) 
Missouri cities of the Fourth Class have the authority to establish ordinances for the preservation of the health and welfare of their inhabitants and to impose responsibility upon them for the actions of their pets.
(B) 
The owner or the custodian of any dog shall be responsible for the actions of the dog when such defecates or vomits on property other than the owners or otherwise causes an unsanitary condition in a public place.
(C) 
The owner shall make every effort to immediately clean up after the dog.
[Ord. No. 2025-11, passed 8-14-2025]
(A) 
Procedures governing administrative search warrants.
(1) 
Administrative warrant defined — who may issue, execute.
(a) 
An "administrative warrant" is a written order of the Municipal Judge or Circuit Judge assigned to hear the City's municipal cases permitting the entry of City officials on or into private property to enforce the City's housing, zoning, health and safety regulations when government entry on or into such private property is otherwise authorized by Missouri law. A warrant may be issued only in conformance with this Section and only for the enforcement of the City's housing, zoning, health and safety regulations, specifically:
1. 
To abate such physical conditions on private property constituting a public nuisance or otherwise in violation of a specified regulation as provided herein; or
2. 
To inspect private property to determine or prove the existence of physical conditions in violation of such a specified regulation; or
3. 
To seize, photograph, copy or record evidence of the violation of such a specified regulation.
(b) 
The Municipal Judge or Circuit Judge assigned to hear the City's municipal cases having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative warrant when:
1. 
The property to be entered is located within the City; and
2. 
The owner or occupant of the property to be entered:
a. 
Has refused to allow same after official request by the City; or
b. 
Is not available, after reasonable investigation and effort, to consent to such entry or inspection; and
3. 
The City establishes probable cause to determine that a public nuisance or other violation of a specified regulation as provided herein may exist.
(c) 
Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City and shall be executed by the Chief of Police or said Police Officer, in conjunction with the appropriate Code Enforcement Officer or other appropriate official, within the City limits and not elsewhere.
(2) 
Who may apply for warrant — contents of application.
(a) 
Any Code Enforcement Officer, Police Officer or attorney of the City may make application to the Municipal Judge or Circuit Judge assigned to hear the City's municipal cases for the issuance of an administrative warrant.
(b) 
The application shall:
1. 
Be in writing;
2. 
State the time and date of the making of the application;
3. 
Identify the property to be entered, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
4. 
State that the owner or occupant of the property:
a. 
Has been requested by the City to allow such action and has refused to allow such action; or
b. 
Is not available, after reasonable investigation and effort, to consent to such entry or inspection, and in such case the application shall include details of the City's investigation and effort to request such consent;
5. 
State facts sufficient to show probable cause for the issuance of a warrant to enter the private property, including the specification of the housing, zoning, health or safety regulation sought to be enforced;
6. 
Be verified by the oath or affirmation of the applicant; and
7. 
Be signed by the applicant and filed in the Municipal Court or with the Circuit Court assigned to handle the City's municipal cases.
(c) 
The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a warrant and in filling out any deficiencies in the description of the property or place to be entered. Oral testimony shall not be considered. The application may be submitted by facsimile or other electronic means.
(3) 
Hearing and procedure — contents of warrant — execution and return.
(a) 
Hearing and procedure.
1. 
The Municipal Judge or Circuit Judge assigned to hear the City's municipal cases shall determine whether probable cause exists to enter the private property for the purposes noted herein.
2. 
In doing so the Municipal Judge or Circuit Judge assigned to hear the City's municipal cases shall determine whether the action to be taken by the City is reasonable in light of the facts stated. The Municipal Judge or Circuit Judge assigned to hear the City's municipal cases shall consider the goals of the ordinance or Code Section sought to be enforced and such other factors as may be appropriate, including, but not limited to, the known or suspected violation of any relevant City ordinance or Code Section, the passage of time since the property's last inspection, and the law, Statute or ordinance authorizing government entry onto private property. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a City ordinance or Code Section.
3. 
If it appears from the application and any supporting affidavit that there is probable cause to enter the private property for the enforcement of the City's housing, zoning, health and safety regulations, a warrant shall immediately be issued.
4. 
The warrant shall be issued in the form of an original and two (2) copies, and the application, any supporting affidavit and one (1) copy of the warrant as issued shall be retained in the records of the Municipal Court.
(b) 
Contents of warrant. The warrant shall:
1. 
Be in writing and in the name of the City;
2. 
Be directed to any Police Officer in the City;
3. 
State the time and date the warrant was issued;
4. 
Identify the property to be entered in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
5. 
Command that the described property be entered for one (1) or more specified enforcement purposes as provided herein, identify the regulation sought to be enforced, and direct that any evidence of any suspected property violations be seized, recorded or photographed, and a description of such property be returned, within ten (10) days after filing of the application, to the Clerk of the Municipal Court to be dealt with according to law;
6. 
Be signed by the judge, with his/her title of office indicated.
(c) 
Execution and return.
1. 
A warrant issued under this article shall be executed only by a City Police Officer; provided, however, that one (1) or more designated City officials shall accompany the officer, and the warrant shall be executed in the following manner:
a. 
The warrant may be issued by facsimile or other electronic means.
b. 
The warrant shall be executed by conducting the private property entry as commanded and shall be executed as soon as practicable and in a reasonable manner.
c. 
The officer shall give the owner or occupant of the property entered a copy of the warrant. If there is no one present at the time of execution, the officer shall leave a copy of the warrant at the site of the entry in a conspicuous place.
d. 
If any property is seized incident to the entry, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, or if no such person is ascertainable, the officer shall leave the receipt at the site of the entry in a conspicuous place.
[i] 
A copy of the itemized receipt of any property taken shall be delivered to an attorney for the City within two (2) working days of the execution of the warrant.
[ii] 
The disposition of property seized pursuant to a warrant under this Section shall be in accordance with an applicable City ordinance or Code Section, but in the absence of same, then with § 542.301, RSMo.
e. 
The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant.
f. 
An officer executing an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he/she would be justified in using if the warrant were valid.
g. 
A warrant shall expire if it is not executed and the required return made within ten (10) days after the date of the making of the application.
2. 
After execution of the warrant, the warrant, with a return thereon signed by the officer executing the warrant, shall be delivered to the Municipal Court in the following manner:
a. 
The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property entered.
b. 
The return shall be accompanied by any photographs, copies or recordings made, and by any property seized, along with a copy of the itemized receipt of such property required by this Section; provided, however, that seized property may be disposed of as provided herein, and in such a case a description of the property seized shall accompany the return.
3. 
The Court Administrator, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the property entered or seized.
(4) 
Warrant invalid, when. A warrant shall be deemed invalid:
(a) 
If it was not issued by the Municipal Judge or Circuit Judge assigned to hear the City's municipal cases;
(b) 
If it was issued without a written application having been filed and verified;
(c) 
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided herein;
(d) 
If it was not issued with respect to property in the City;
(e) 
If it does not describe the property or places to be entered, inspected or seized with sufficient certainty;
(f) 
If it is not signed by the judge who issued it; or
(g) 
If it was not executed and the required return made within ten (10) days after the date of the making of the application.