[Ord. No. 1508 §§1 —
7, 11-18-1999]
A. It
shall be unlawful and shall be deemed to be a nuisance for any person
to make, continue, or cause to be made or continued any excessive,
unnecessary or unusually loud noise or any noise which unreasonably
annoys, disturbs, injures or endangers the comfort, repose, health,
peace or safety of others within the limits of the City of Woodson
Terrace.
B. The
keeping of any animal or bird which by causing frequent or long continued
noise shall disturb the comfort or repose of any persons in the vicinity
shall be deemed to be a loud, disturbing and unnecessary noise and
is hereby declared a nuisance and a violation of this Article.
C. In
determining whether a violation of this Section exists or shall have
occurred, all relevant factors shall be considered including, but
not limited to, the following:
3. The proximity of the noise to residential premises.
4. The nature and zoning of the area within which the noise emanates,
particularly the density of inhabitation thereof.
5. The time of day or night the noise occurs.
6. The duration of the noise.
7. Whether the noise is recurrent, intermittent or constant.
D. Without
limiting the application of this Section, the following specific acts
or conditions are hereby prohibited and are deemed to be a nuisance
in violation of this Section:
1. The outdoor use of power tools before 7:00 A.M. or after 9:00 P.M.
2. The operation of mowers and other lawn care equipment that produces
noise before 7:00 A.M. or after 9:00 P.M.
3. The use of mechanical equipment that produces noise for sweeping
or cleaning of any parking lot before 6:00 A.M. or after 9:00 P.M.
4. The use or operation or permitting by the owner or person in possession
or control of the premises or vehicle the use or operation of any
radio, stereo, phonograph record or disc player, TV, musical instrument
or other machine or device producing sound in such a manner as to
be audible at a distance of forty (40) feet from the building, dwelling
unit or vehicle from which it is operated, except where such sound
is produced in a lawfully held public concert or public performance.
E. This
Section shall not be deemed to apply to the following activities which
are declared to be exempt from the prohibitions of this Section on
a showing that the noise generated served a public interest:
2. New Year's Eve celebrations not continuing beyond 2:00 A.M. of the
New Year.
F. Any
person violating any provision of this Section shall upon conviction
thereof be subject to a fine of not to exceed five hundred dollars
($500.00) and each occasion upon which such a violation occurs shall
be deemed a separate offense.
[Ord. No. 1669 §§1 —
7, 4-13-2006]
A. Purpose And Intent. The purpose of this Section is to protect
the public health, safety, environment, and general welfare through
the regulation and prevention of litter. The objectives of this Section
are:
1. Provide for uniform prohibition throughout the City of Woodson Terrace
of any and all littering on public or private property; and
2. Prevent the desecration of the beauty and quality of life of the
City of Woodson Terrace and prevent harm to the public health, safety,
environment, and general welfare, including the degradation of water
and aquatic resources caused by litter.
B. Applicability. This Section shall apply to all public and
private property within the City of Woodson Terrace.
C. Compatibility With Other Regulations. This Section is not
intended to interfere with, abrogate, or annul any other ordinance,
rule or regulation, Statute, or other provision of law. The requirements
of this Section should be considered minimum requirements, and where
any provision of this Section imposes restrictions different from
those imposed by any other ordinance, rule or regulation, or other
provision of law, whichever provisions are more restrictive or impose
higher protective standards for human health or the environment shall
be considered to take precedence.
D. Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
LITTER
Any organic or inorganic waste material, rubbish, refuse,
garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand,
gravel, slag, brickbats, metal, plastic, and glass containers, broken
glass, dead animals or intentionally or unintentionally discarded
materials of every kind and description.
PUBLIC OR PRIVATE PROPERTY
The right-of-way of any road or highway, any body of water
or watercourse or the shores or beaches thereof, any park, playground,
building, refuge, or conservation or recreation area, timberlands
or forests, and residential, commercial, industrial, or farm properties.
E. Prohibition Against Littering Public Or Private Property Or Waters. It shall be unlawful for any person or persons to dump, deposit,
throw or leave or to cause or permit the dumping, depositing, placing,
throwing or leaving of litter on any public or private property in
the City of Woodson Terrace or any waters in the City of Woodson Terrace
unless:
1. The property is designated by the State or by any of its agencies
or political Subdivisions for the disposal of such litter, and such
person is authorized by the proper public authority to use such property;
2. The litter is placed into a receptacle or container installed on
such property; or
3. The person is the owner or tenant in lawful possession of such property,
or has first obtained consent of the owner or tenant in lawful possession,
or unless the act is done under the personal direction of the owner
or tenant, all in a manner consistent with the public welfare.
F. Vehicle Loads Causing Litter. No person shall operate any
motor vehicle with a load on or in such vehicle unless the load on
or in such vehicle is adequately secured to prevent the dropping or
shifting of materials from such load onto the roadway.
G. Violations, Enforcement And Penalties.
1. Violations. It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements
of this Section. Any person who has violated or continues to violate
the provisions of this Section may be subject to the enforcement actions
outlined in this Section or may be restrained by injunction or otherwise
sentenced in a manner provided by law.
2. Evidence.
a. Whenever litter is thrown, deposited, dropped or dumped from any
motor vehicle, boat, airplane, or other conveyance in violation of
this Section, it shall be prima facie evidence that the operator of
the conveyance has violated this Section.
b. Except as provided in Subsection
(G)(2)(a), whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this Section is discovered to contain any article or articles, including, but not limited to, letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this Section.
3. Penalties. Any person who violates this Section
shall be guilty of a violation and, upon conviction thereof, shall
be punished as follows:
a. By a fine of not more than five hundred dollars ($500.00),
b. In addition to the fine set out in Subsection
(G)(3)(a) above, the violator shall reimburse the City of Woodson Terrace for the reasonable cost of removing the litter when the litter is or is ordered removed by the City of Woodson Terrace, and
c. Direction to be given at the discretion of the court.
(1)
In the sound discretion of the court, the person may be directed
to pick up and remove from any public street or highway or public
right-of-way for a distance not to exceed one (1) mile any litter
he/she has deposited and any and all litter deposited thereon by anyone
else prior to the date of execution of sentence; or
(2)
In the sound discretion of the court, the person may be directed
to pick up and remove any and all litter from any public property,
private right-of-way, or with prior permission of the legal owner
or tenant in lawful possession of such property any private property
upon which it can be established by competent evidence that he/she
has deposited litter. Pickup and removal shall include any and all
litter deposited thereon by anyone prior to the date of execution
of sentence; and
d. The court may publish the names of persons convicted of violating
this Section.
[Ord. No. 777 §§1 —
5, 9-4-1975]
A. Maintenance
upon any real property located in the City of Woodson Terrace of leaking
water lines or sanitary sewer lines is hereby declared to constitute
a public nuisance.
B. It
shall be the duty of the Director of Public Works or his/her agent
to cause notice to be given the owner and occupant of any premises
upon which such a nuisance exists. Such notice shall demand that the
owner and occupant cause the nuisance to be abated within thirty (30)
days of the giving of such notice, provided that the Director of Public
Works may extend the time for completion of required repairs for good
cause shown where commencement or completion of the repair work cannot
be completed within such time, so long as such repairs have been diligently
commenced and diligently pursued.
C. Notice
to the owner shall be by registered mail posted to the person and
at the address listed on the assessment books of St. Louis County.
Notice shall further be given the occupant by posting the same on
the front entrance of the premises upon which the nuisance is maintained.
D. If
the nuisance is not abated within the time prescribed herein, the
Director of Public Works or his/her agent shall cause the required
repairs to be made to the water line or sanitary sewer line and the
expenses of so doing shall be assessed against the owner or occupant
of the property and a special tax bill shall be issued against said
property for the expense incurred in abating the nuisance.
E. Whenever the Director of Public Works or his/her agent shall cause repairs to be made pursuant to the provisions of Subsection
(D) hereof, he/she shall first secure sealed competitive bids for the work to be done, and the Board of Aldermen shall let the same to the lowest and best bidder reserving the right to reject any and all bids. If it is impracticable to secure competitive bids, or none is received, the Board of Aldermen shall contract for such work with a licensed plumbing contractor on the best terms obtainable. All work shall be in accordance with the City's and St. Louis County's Plumbing Codes.
F. Upon
certification of the final costs of such work by the Director of Public
Works or his/her agent, the Board of Aldermen shall cause a special
tax bill to be issued therefor which shall be a lien on the property,
collectable in the same manner as special tax bills generally and
bearing the maximum rate of interest allowed by law from time to time.
G. Any
owner or occupant of real property who fails to abate a nuisance within
the time prescribed after due notice from the Director of Public Works
in the manner prescribed herein, shall be in violation of this Section
and subject to a penalty by fine upon conviction thereof, of not to
exceed five hundred dollars ($500.00) and each day said violation
continues shall be deemed a separate offense.