[Ord. No. 98-42, 11-5-1998; Ord. No. 04-13, 2-19-2004; Ord. No. 04-50, 10-7-2004]
A.
The
following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public, or
offered to the public at no charge.
2.
All diseased animals running at large.
3.
All ponds or pools of stagnant water.
4.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
5.
Accumulations, wheresoever they may occur, of manure, rubbish, garbage,
refuse and human and industrial, noxious or offensive waste, combustible
and non-combustible waste materials, the term shall include the residue
from the burning of wood, coal, coke and other combustible materials,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree
branches, yard trimmings, tin cans, metals, mineral matter, glass,
crockery, tires, auto parts, boat parts, interior furnishings in the
yard and other similar materials except the normal storage on a farm
of manure for agricultural purposes.
6.
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.
7.
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.
8.
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.
9.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
10.
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 Hollister.
11.
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.
12.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
13.
The keeping of animals and fowls in any area within the City not
zoned for agricultural uses except pet cats and dogs, animals in public
or licensed zoos, and farm animals in laboratories.
14.
Unlicensed dumps, and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Hollister and the Statutes
of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a storm
water 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.
16.
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
Hollister.
B.
Unlawful To Cause, Maintain Within One-Half Mile Of City. 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 Hollister, or within one-half (½) mile of the corporate
limits of the City of Hollister, 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.
C.
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 City
Administrator 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.
D.
Abatement — Procedure Generally. Whenever the Police
Chief or his designee receives notification that a nuisance may exist,
he/she shall proceed as follows, except as may be otherwise provided
herein:
1.
He/she shall investigate the same. The Police Chief
or his designee may cite any person who has caused or is maintaining
the nuisance to appear before the Municipal Court at such time and
place as the court direct to show cause, if any, why that person should
not abate the nuisance. Every person required to appear before the
Municipal Court shall have at least ten (10) days' notice thereof.
2.
Such notice shall be signed by the Police Chief or his designee and shall be served in person or if unable to locate on the day notice is to be served, notice shall be sent by certified mail. Persons to whom notice is intended must respond within fifteen (15) days of date of notice. If person or persons fail to respond and abate noted nuisance, the City of Hollister will abate noted nuisance as provided for in Section 220.010(D)(4) of the City of Hollister Code. If abatement and/or response is not completed, the Police Chief will issue responsible parties a citation to appear in Municipal Court.
3.
If after hearing all the evidence the Municipal Court may determine
that a nuisance exists, it may direct the Police Chief or his designee
to order the person to abate the nuisance within fifteen (15) days
or within such other time as the Municipal Court 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 Police Chief or his designee be directed to abate the nuisance
if the order is not obeyed within the time period set by the Municipal
Court and that a special tax bill be issued for the costs of abating
the nuisance.
4.
If the order has not been obeyed within the time period set by the
Police Chief or his designee, he shall proceed to abate the nuisance
in the manner provided by the order of the Municipal Court and the
cost of same will 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.
5.
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.
6.
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 1983 §74.010]
It shall be unlawful for any person or persons to bury upon
their own premises or the premises of another any faecal matter, human
or animal, or to bury or deposit any dead animal over fifty (50) pounds
in weight within the limits of said City.
[CC 1983 §74.090; Ord. No. 08-19, 5-1-2008]
It shall hereafter be unlawful for any person, being the owner
of or having charge of or under control any species of cattle, horses,
mules, asses, jennets, hogs, sheep, goats and fowl, to suffer, permit
or allow the same to run at large within the corporate limits of the
City of Hollister, Missouri.
[Ord. No. 08-19, 5-1-2008; Ord. No. 16-29, 8-4-2016]
A.
It shall be unlawful for any person, firm or corporation to keep any species of cattle, horses, mules, asses, jennets, hogs, sheep, goats, hares or other fowl except as stated in Section 220.040(B and C) or non-domestic animal or maintain a pen, yard or any type of enclosure used to restrain the same in the City of Hollister, Missouri, in any zoning district not zoned agricultural; provided, however, that upon written application, made to the Board of Aldermen, and upon issuance of a written approval by them, certain businesses such as processing plants, auction companies, sale barns, transportation companies, livestock dealers, and other like or similar businesses or occupations, located in non-residential, commercial or business areas of said City, may maintain pens or yards for the temporary storage of any species of cattle, horses, mules, asses, jennets, hogs, sheep, goats, hares or fowl in connection with their regular business, and, provided, further, that no person, firm or corporation in said City shall allow any pen, yard or any type of enclosure, used to keep any of the aforesaid animals or other livestock or animals, to become noxious or offensive, and any such violation shall be a nuisance and may be abated as provided by law. This Section acknowledges the keeping of the above cited animal species as pets and regulates those animals in the same manner.
[Ord. No. 18-07, 2-1-2018]
B.
Any person who shall own, keep or maintain chickens on his/her owned
or leased premises, within the City of Hollister limits, shall conform
with the following regulations.
1.
Fees for permits issued in conjunction with this Section for
chickens in the City of Hollister shall be twenty-five dollars ($25.00).
The permit is issued to the individual at the approved property address
and is not transferable.
2.
All rentals or leased properties shall submit a written and
signed document from the owner of the property granting permission
to have chickens.
3.
No person shall keep more than six (6) chickens in any pens,
houses, or coops per parcel or premises.
5.
Chickens are only allowed in Single-Family Detached Dwelling
on an individual parcel.
[Ord. No. 17-34, 11-2-2017]
6.
Male chickens/roosters are prohibited.
7.
Coops and enclosures together shall be large enough to provide
at least sixteen (16) square feet per chicken. The maximum size is
one hundred (100) square feet for the coop and enclosure. Coops shall
not exceed fifty (50) square feet.
8.
The maximum height of a coop is six (6) feet.
9.
Chicken coops fixed or portable shall be constructed in a workmanlike
manner and be moisture resistant. The free standing chicken coop must
be either raised off the ground or placed on a hard surface such as
concrete, patio block or gravel. The coop/pen cannot be made from
plastic tarps or similar materials.
10.
Chickens shall be kept for personal use only. Breeding or selling
chickens is prohibited.
11.
The selling of chickens, eggs or manure from the property is
prohibited.
12.
Slaughtering of chickens for personal use of the owner is allowed.
Slaughtering chickens for sale is prohibited.
13.
All structures, pens, coops or yards wherein fowl are kept or
permitted to be shall be maintained in a clean and sanitary condition
at all times devoid of all rodents and vermin, and free from offensive,
disagreeable or noxious smell or odor to the injury, annoyance or
inconvenience of any inhabitant of the surrounding properties.
14.
Feed shall be stored in a rat or vermin proof, container or
receptacle.
15.
Animal waste is the responsibility of the animal owner. It shall
be collected as frequently as necessary to maintain a sanitary condition
and disposed of in a rat or vermin proof, flytight container.
16.
A City Representative may at any time inspect, or cause to be
inspected, any structure or premises and issue any such order as may
be necessary to carry out the provisions of this Section.
17.
A permit may be revoked for failure to comply with provisions
of the ordinance and, once revoked, shall not be reissued.
C.
Penalty. Any person or persons violating any provisions of this Section, 220.040(B), shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than ninety (90) days, or by both such fine and imprisonment. Each day this Section 220.040(B) or any part thereof is violated shall be and constitute a separate offense and violations of this Section 220.040(B), for which they may be punished.
