The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any unattended motor vehicle removed or subject to removal
from public or private property, whether or not operational, including
damaged or disabled vehicles. Motor vehicles are anything powered
by gasoline, diesel, electric or any type of fuel or propulsion.
Any vehicle which is not registered or is improperly registered
with the state, or which has been inoperable for more than 48 hours
or is in such a state of repair as to be inoperable. This does not
include such vehicle when such vehicle is on the premises of a duly
licensed automobile repair or sales business, or in a duly licensed
automobile junking yard.
Any metal, glass, paper, rags, wood, machinery, parts, cloth
or other waste or discarded material of any nature or substance whatsoever,
or scrap or salvage materials.
Any land owned by the City or located within the City limits,
not including streets and highways.
The entire width of land between the boundary lines of a
public road or state highway, including any roadway.
The entire area between the boundary lines of every publicly
maintained way when any part thereof is open to the use of the public
for purposes of vehicular travel.
Any person or entity which tows, removes or stores abandoned,
damaged or disabled property.
Any machines propelled by power other than human power designed
to travel along the ground, in water or in the air by use of wheels,
treads, runners, slides, wings or otherwise, including, but not limited
to, automobiles, trucks, trailers, motorcycles, buggies, wagons, airplanes,
helicopters, boats or any part thereof.
[1]
Editor's Note: This ordinance also repealed former Ch. 16,
which pertained to similar subject matter and derived from Ord. No.
656, adopted 9-2-1997.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1017, 5-17-2016]
The provisions contained herein for abatement of nuisances shall not be exclusive and the City may pursue any additional remedies it may have as provided by law. Any person violating this chapter shall upon conviction be punished as provided in Section 1-7.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1017, 5-17-2016; Ord. No.
1023, 11-1-2016]
(a)
The following are hereby declared to be nuisances:
(1)
Any abandoned property, part thereof or junk located on any property,
street or highway, which represents a public safety hazard or harbors
tall grass, weeds or other vegetation, or creates a fire hazard or
affords a breeding place or meeting place for mosquitoes, flies, rodents,
rats or other vermin, or any abandoned property, part thereof, or
junk allowed to remain unmoved on any street or highway for 48 hours.
(2)
Any building determined by the City Administrator or his duly appointed
representatives to be a dangerous building.
(3)
Any growth of weeds, grass or poisonous vegetation or accumulation
of dead weeds, grass or brush to a greater height than seven inches,
on the average.
(4)
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,
dangerous, annoying, unsafe or offensive to the public.
(5)
Any pursuit followed or act done or commission failed to be done
by any person which is injurious, dangerous, annoying, unsafe or offensive
to the public.
(6)
Any building, bridge or other structure which is unsafe, dangerous,
injurious, unhealthy, offensive or annoying to the public.
(7)
Any slaughterhouse, stockyard or stable, cattle yard, hog, sheep,
cow or dog pen, which is offensive, injurious, obnoxious, unsafe or
annoying to the public.
(8)
Any pond or pool of stagnant water or any foul or dirty water, or
liquid discharged through any drain pipe or spout or thrown into or
upon the street, alley, thoroughfare or lot which is injurious, dangerous,
offensive, unhealthy or unsafe to the public.
(9)
Any obstruction caused or permitted on any street, sidewalk, public
or private alley, which is injurious, dangerous, offensive, inconvenient,
unsafe or unhealthy to the public.
(10)
Any junk, stone, rock, dirt, ashes, cinders, raw sewage, filth,
excrement, sawdust, shavings or cans, brush, logs, paper, trash, rubbish,
manure, refuse, water, decayed fruits or vegetables, rags, salvage
material, iron or scrap metal, all animal matter, all leaves, yard
waste, compost materials, or plant trimmings of any type, all dead
animals or any other offensive or disagreeable substance or things
thrown or deposited by anyone in or upon any street, sidewalk, street
park, public square, public enclosure, property, vacant or occupied,
or pond or pool of water.
(11)
The placing or storage of any green or salted hides which cause
an odor, which is injurious, dangerous, obnoxious, offensive, unhealthy
or unsafe to the public.
(12)
Any animal or vegetable matter or other substance liable to
become putrid, offensive or unhealthy, which is injurious, dangerous,
unhealthy, unsafe or offensive to the public.
(13)
Any cellar, vault, private drain, pool, privy, sewer, cistern,
well, sink or container which may be sufficiently tightly closed to
cause suffocation or which is not covered or protected so as to prevent
humans and animals from falling into the same, which is injurious,
dangerous, unsafe or offensive to the public health.
(14)
Any tenement, boardinghouse or lodging house in the City leased,
let, rented or occupied by any person for dwelling which is not sufficiently
lighted, ventilated, heated or provided with water, or kept in a clean
and sanitary condition, which is dangerous, injurious, obnoxious,
offensive or unsafe to the public.
(15)
Any house or building or tank within the City used for the special
or exclusive storage of powders or dynamite, with a glycerin, coal
oil or other explosive substance, detrimental to the public health,
or endangering human life, or any house, building or store, wherein
small quantities of such explosives are kept, exposed or insecure,
or kept in any manner so as to endanger the public.
(16)
Any radio, television set or musical instrument or device operated
in such manner or at such hours which are injurious, inconvenient,
obnoxious, offensive or annoying to the public or persons living or
doing business nearby.
(17)
The maintaining, using, placing, depositing, leaving or permitting
to be or remaining on any public or private property, of furniture,
bedding, refrigerators, freezers, heating stoves, kitchen ranges,
laundry and dish washing equipment, air conditioning units, or any
other such appliances, articles or equipment designed for use inside
a dwelling unit, if stored, placed or set upon the ground on any open
porch, in any attached carport, in any free standing carport, or in
any garage or shed that is without doors to conceal such articles.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 876, § 1 (Exh. A), 11-4-2008; Ord. No. 1008, 10-20-2015; Ord. No. 1017, 5-17-2016; Ord. No. 1026, 1-3-2017]
(a)
No person shall permit, cause, keep, maintain or do any nuisance
as defined in § 16.3(a)(1) through (13) or contribute to
the same as defined by the provisions of this chapter or any other
section of the City Code, or cause or permit to be committed, caused,
kept, maintained or done or contribute to the committing, causing,
keeping, or maintaining of any such nuisance within the City limits
or within one-half-mile of the City limits.
(b)
Each day that a violation of this section continues shall be deemed
a separate offense.
(c)
If the tenant of a property or the owner of an unoccupied property
is found guilty or pleads guilty to the violation set forth in this
section within a twelve-month period beginning with the first violation:
the maximum allowable fine is $200 for the first offense, $250 for
the second offense, $350 for the third offense, and $450 for the fourth
and subsequent offenses.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1017, 5-17-2016]
It shall be the duty of the City Administrator or his duly appointed
representatives to investigate reports that a nuisance may exist and
to carry out the procedures provided herein for the abatement of nuisances
found to exist.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1017, 5-17-2016]
The City Administrator or his duly appointed representatives
may enter upon private property for inspection, investigation or for
the purpose of abating any nuisance in accordance with the provisions
of this chapter.
[Ord. No. 1157, 12-20-2022]
Any medical marijuana facility or comprehensive marijuana facility
authorized by Article XIV of the Missouri Constitution which generates
marijuana smoke or odor that is capable of being detected by a person
of ordinary senses (including, but not limited to, any police officer)
beyond the property line of the facility is hereby declared to be
a nuisance. In addition to any other remedy provided for the abatement
of nuisances, the City may revoke the business license of any such
facility for violation of this section after notice and the opportunity
for a hearing.
