[CC 1976 §205.010; Ord. No. 595 §§1—19, 1-13-1953]
The placing or throwing of rubbish, garbage, trash or other articles or materials which are obnoxious, dangerous or detrimental to the public health, safety or welfare upon any street, sidewalk, alley or public place, or upon any private lot or premises unless such articles or materials are contained in an approved receptacle of a weight which will permit two (2) men to handle when filled and which is emptied and the contents from the receptacle removed from the City within three (3) days thereafter, is hereby declared to be a nuisance.
Ash pits or containers which are not emptied and the contents removed from the premises when level full, or ash piles on public or private premises not contained in suitable pits or containers are hereby declared to be a nuisance.
The burning of garbage, refuse, waste, leaves, straw, or other combustible materials producing smoke, gases or odors offensive or obnoxious to any of the inhabitants of this City in any ash pit, stove or incinerator or in any street, alley or on any private property is hereby declared to be a nuisance.
All ponds or pools of stagnant water and all foul or dirty water or liquid when discharged through any drain pipe, spout or otherwise upon any street, alley, or thoroughfare or private lot to the injury or annoyance of the public is hereby declared to be a nuisance.
All slaughterhouses, soap factories and pig pens are hereby declared to be a nuisance.
All carcasses of dead animals in the City not slain for human food, not removed by the owner or other person entitled thereto within twelve (12) hours after death are hereby declared to be a nuisance.
All privies or private vaults not connected with a sanitary sewer are hereby declared to be a nuisance.
No person shall deposit any dead animal, filth, decayed or decomposed matter or other substance or thing obnoxious to the public upon a street, alley or public or private place in this City, and the doing of this act is hereby declared to be a nuisance.
Any unclean, stinking, foul, defective or filthy drain, tank, or gutter, or any leaking, broken, slop, garbage or manure boxes, cans or containers are hereby declared to be a nuisance.
No person shall sell or offer for sale to consumers for human food any meats, game, poultry, fish, vegetables or fruit that are tainted, diseased, corrupted or unwholesome, or meats from any cattle, hogs, sheep or calves that were unsound, sick, diseased or out of condition at the time they were slaughtered and such sale or offer for sale is hereby declared to be a nuisance.
Whenever there shall be found in or upon any lot or piece of ground, within the limits of this City, any dirt gathered in the cleaning of yards, waste from industrial or business establishments, or any rags, damaged merchandise, wet, broken or leaking barrels, cases or boxes, or any materials which are offensive, or tend by decay to become putrid, or to render the atmosphere impure or unwholesome, the same shall be deemed a nuisance.
Every person having charge or control of any stable, shed or apartment, or any yard or appurtenance thereof in which any horse, cow, or any other animal or animals shall be kept or any place in which manure or liquid discharges from such animals shall collect or accumulate, shall keep the same in a clean and wholesome condition, so that no offensive smell shall be allowed to escape therefrom, and any such place which is not so kept is hereby declared to be a nuisance, provided, that any pig pen, however kept or maintained, shall be deemed a nuisance, and provided, further, that nothing in this Subsection shall be construed as to include manure deposits upon any private property for the cultivation of such property.
Every act or thing done or made, permitted, allowed or continued on any property, public or private, by any person or corporation, their agent or servant, to the annoyance, inconvenience, detriment, damage or injury of any of the inhabitants of this City, and not specified in this Chapter, shall be deemed a nuisance.
Whenever any owner or agent shall rent, lease or hire out to be occupied any building or part thereof as a home or residence of more than two (2) families living independent of each other, or any building to different persons for stores or offices in said building, giving to each family or person the common right to halls, basements, yards, toilets, or urinals, or any of them, then such owner or agent shall be liable for the condition of such halls, basements, yards, toilets or urinals, and said owner or agent, the same as the occupant of premises, may be charged with the violation of any provision of this Chapter.
Any person violating or failing to comply with any of the provisions of this Section, or causing, creating or maintaining a nuisance shall be guilty of a misdemeanor, and each and every day he or she shall violate or fail to comply with any provisions of this Section, shall constitute a separate offense, and upon conviction shall be fined not more than one hundred dollars ($100.00) or imprisoned not exceeding ninety (90) days, or both such fine and imprisonment as may be just.
It shall be the duty of the Chief of Police, deputies, assistants, inspectors and other employees of the City to observe the sanitary condition of the City and to receive, record and investigate all complaints or information from any source of a violation of any provision of this Section, or of any unsanitary condition in the City which may constitute a nuisance. If in their discretion a nuisance exists, it shall be the duty of the Chief of Police to see that proper steps are taken to have the proper person prosecuted for carrying on or maintaining such nuisance, and that the same is suppressed and abated. In the abatement of nuisances, the Chief of Police may call upon and shall have the necessary assistance of the police or street department, and it shall be the duty of the Chief of Police and Director of Streets and Sewers to render all such assistance possible.
The Chief of Police or other representative of the City shall, before proceeding to abate or remove any nuisance, notify in writing the owner, tenants, lessee, or occupant, or his or her agent, employee or manager, having charge of, doing business in or on which any nuisance exists, to abate, discontinue or remove the same, which notice shall be served by the Chief of Police, any Policeman, Sheriff, Constable or Deputy as writs of summons are served in civil suits. If such person cannot be so served in this City, then such notice shall be given by publication by one (1) insertion in some newspaper published in the City, as provided by law for other notices.
If such nuisance shall not be abated, discontinued or removed within five (5) days after the service of or after the publication of the notice, the Health Commissioner may proceed to abate or remove such nuisance.
The Board of Aldermen may estimate the cost of abating or removing any nuisance and levy and assess the same as a special tax bill against the property involved in the same manner and subject to the same penalties and conditions as tax bills issued by law for public improvements.
[CC 1976 §205.020; Ord. No. 299 §§1—2, 2-9-1932]
It shall be unlawful for any person, firm, corporation or association of every kind and character and for any candidate for public office to post, tack, paint, place, hang, suspend or affix any advertisement, card, poster, sign, banner or streamer, of any nature or for any purpose on or to any pole, post, tree, building, fence, wall, billboard, curbstone, flagstone or any other portion of any street or sidewalk, bridge or hydrant upon any public street or public place in this City.
It shall be unlawful for any person, firm, corporation or association of every kind and character and for any candidate for public office to post, tack, paint, place, hang, suspend or affix any advertisement, card, poster, sign, banner or streamer of any nature or for any purpose on or to any tree, fence, building, bridge, pole, post or structure upon any private property any billboard, fence, sign or structure for advertising purposes without the written consent of the owner or lawful occupant of said property and without complying with the provisions of this Section.
[CC 1976 §205.050; Ord. No. 1733 §1, 7-13-1988; Ord. No. 1921 §1, 3-8-1994; Ord. No. 2673 §1, 9-11-2012]
The following terms, when used in this Section, shall have the meanings designated to them:
- The owner, lessee, agent, occupant, or other person in control or in case of joint tenancy, tenancy by entireties, or tenancy in common, each owner of any property as herein defined within the City.
- Any lot, lots, land, ground, or other property within the City.
- Any useless, undesirable, troublesome, or noxious plant or vegetation except trees.
It shall be unlawful for the owner of any property within this City to permit or allow weeds growing on said property to obtain a height of ten (10) inches or more.
In the event a potential violation of this Section is discovered by any member of the Police Department or any other person, such information shall be given to the Building Commissioner or his designee who shall determine whether a violation of this Section has taken place. In the event of such a determination, the Building Commissioner or his designee shall cause notice to be given to the owner of the property that such violation exists and that a hearing has been set no less than four (4) days after the notice issuance date before the Building Commissioner or his designee. The notice shall also state that the aforementioned violation must be abated prior to the hearing.
The notice required in the preceding Section may be served upon the owner of the property either personally or by prepaid United States mail, or by posting such notice on the property.
In the event the violation is not abated prior to the date set for the hearing, the Building Commissioner or his designee may declare the weeds to be a public nuisance and issue an order that the violation be abated within five (5) business days after the hearing. In the event the weeds are not cut down and removed within five (5) business days after the hearing, the Building Commissioner or his designee shall cause the weeds to be cut down and removed either by City employees or by an independent contractor who shall certify the cost of the cutting and removal to the City Clerk who shall cause a special tax bill for said costs against the property to be prepared and issued.
Any such special tax bill shall be collected by the Collector together with other taxes assessed against the property; and said tax bill from the date of its issuance shall be a first (1st) lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error or informality in the special tax bill or in the proceedings leading up to the issuance of the special tax bill shall be a defense thereto. Each such special tax bill shall be issued by the City Clerk and delivered to the Collector on or before the first (1st) day of June of each year. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.
If the owner of a property allows weeds to grow in violation of this Section such that the Building Commissioner or his designee declares such weeds to be a public nuisance more than once during the same growing season, the Building Commissioner or his designee may order that the weeds be cut and removed within five (5) business days after notice is sent to the property owner or posted on the property in the manner described in Subsections (C) and (D) above. If the weeds are not cut and removed within five (5) business days, the Building Commissioner or his designee may have the weeds cut and removed and the cost of the same shall be certified and billed in the same manner described in Subsections (E) and (F) above.
Any City employee or independent contractor with the City shall have the right and authority to enter upon private property in which a violation of this Section exists for the purpose of abating this public nuisance declared and may use all reasonable means for the purpose of abating the violation, and said City employee or independent contractor shall not be liable to the owner of such property for damage to such property caused by the abatement of such violation.
Any owner of any property within the City who shall violate any of the provisions of this Section shall be punishable upon conviction thereof by a fine not exceeding five hundred dollars ($500.00) for each offense, and each and every day such violation continues after notice thereof shall be a separate and distinct offense. Abatement of the violation by the City shall not relieve such owner of the penalty provided in this Section.
Any planned natural habitat restoration project must encompass a minimum area of three (3) acres.
[CC 1976 §205.080; Ord. No. 66 §1, 9-27-1921]
Any owner or user of any roadway, passageway or otherwise, adjoining or having its entrance upon any public street, avenue, highway, boulevard, or other public place, shall keep that same in such condition that the same shall not be an obstruction to the natural drainage along any such public street, avenue, highway, boulevard or other public place; and any such owner, user of, or any one in possession of any such roadway, passageway, or otherwise, who shall fail to comply with the foregoing shall be deemed to maintain a nuisance and shall be fined upon conviction not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) and each day such nuisance is maintained shall be construed to constitute a separate offense.
[CC 1976 §205.150; Ord. No. 590 §§1—2, 12-9-1952]
It shall be unlawful for any person to deposit or permit to remain on any highway, street, alley, sidewalk, parkway, tree, lawn or public place except by street use permit as herein provided, any building material or equipment, rubbish, coal, debris, dirt piles, materials of any kind, chattels or property which might obstruct the free use thereof, or hinder traffic of persons or vehicles, provided that if through necessity an obstruction of the nature described is placed thereon, the person responsible shall be relieved of the penalties of this Section if he/she removes the same without unnecessary delay and if he/she places red lanterns or lights on or around said obstruction, lighted and placed in such manner and of such number as to be plainly visible in all directions, between the hours of sunset to sunrise while said obstruction so remains.
It shall be unlawful for any person to obstruct or occupy with building materials, fences, or equipment, dirt piles, articles or materials of any kind calculated to prevent free passage or use by the public, more than one-half (½) of any sidewalk or more than one-third (1/3) of any public roadway, highway or alley, or to in any manner obstruct the free passage of water in any gutter, drain or alley with such materials or articles.
Any person who shall violate any provision of this Section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each offense.
[Ord. No. 2260 §1, 7-25-2000]
The following term, when used in this Section, shall have the meaning designated to it:
- A condition resulting from any act by which dirt, earth, sand, gravel, rock, topsoil, plantings, debris, concrete or other similar deposit or material is removed, cut into, dug, quarried, uncovered, displaced, relocated or bulldozed causing there to be an open area in the earth or ground and at a depth larger than that necessary for general home landscaping or gardening.
Open and abandoned excavations upon property lying within the City are deemed to be attractive and dangerous nuisances to children and to be, in other respects, a menace to the public health and safety. Therefore, it shall be unlawful for any owner or lessee of such property to cause an excavation to be made thereon in connection with any lawful construction project and thereafter abandon such project without completely filling or completely covering the excavation thus made. For the purpose of this Section, a project and excavation shall be deemed "abandoned" if no work is performed upon or about such project for seven (7) consecutive days. Whenever it shall appear that the project, in connection with which an excavation has either wholly or partially made, has been abandoned, and that such excavation has not been completely filled or completely covered, the building official shall cause a written notice to be served upon the owner or lessee of such property, either personally or by registered mail, calling attention to the existence of such excavation, the apparent abandonment of the project in connection with which the same was made and directing that the excavation be completely filled or completely covered, within a period of ninety (90) days from the date of such notice.
During such time as an excavation is not abandoned and while work about such excavation is not being performed, the perimeter of such excavation shall be adequately marked and barricaded so as to adequately secure the location thereof such that it shall not be an attractive nuisance to children or the public in general.
[Ord. No. 2939, 9-25-2018]
Procedures Governing Administrative Warrants:
Administrative Warrant Defined — Who May Issue, Execute.
An administrative warrant is a written order of the Municipal Judge 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:
To abate such physical conditions on private property constituting a public nuisance or otherwise in violation of a specified regulation as provided herein;
To inspect private property to determine or prove the existence of physical conditions in violation of such a specified regulation; and
To seize, photograph, copy, or record evidence of the violation of such a specified regulation.
The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative warrant when:
The property to be entered is located within the City, and
The City establishes probable cause to determine that a public nuisance or other violation of a specified regulation as provided herein may exist.
Any such warrant shall be directed to a commissioned officer of the Shrewsbury Police Department or other authorized law enforcement agency and shall be executed by the same, along with the appropriate Code Enforcement Officer or other appropriate official, within the City limits and not elsewhere.
Who May Apply For Warrant — Contents Of Application.
Any Code Enforcement Officer, Police Officer, or attorney of the City may make application to the Shrewsbury Municipal Judge, by way of the Shrewsbury Prosecuting Attorney's Office, for the issuance of an administrative warrant.
The application shall first be submitted to the Shrewsbury Prosecuting Attorney's office for review, after which, the same will determine if sufficient evidence is present to remit the application to the Shrewsbury Municipal Judge for the issuance of the administrative warrant. In the event such an application is remitted to the Shrewsbury Municipal Judge, a copy of said application will be provided to the Shrewsbury City Clerk for disbursement to the Shrewsbury Board of Aldermen for notice purposes only.
The application shall:
Be in writing;
State the time and date of the making of the application;
Identify the property to be entered, inspected, or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
State that the owner or occupant of the property:
Has been requested by the City to allow such action and has refused to allow such action; or
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;
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;
Be verified by the oath or affirmation of the applicant; and
Be signed by the applicant and filed in the prosecuting attorney's office.
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.
Hearing And Procedure — Contents Of Warrant — Execution And Return.
Hearing And Procedure.
Upon receipt of the application from the prosecuting attorney's office, the Municipal Judge shall determine whether probable cause exists to enter the private property for the purposes noted herein.
In doing so, the Municipal Judge shall determine whether the action to be taken by the City is reasonable in light of the facts stated. The Municipal Judge 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.
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.
The warrant shall issue 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.
Contents Of Warrant. The warrant shall:
Be in writing and in the name of the City;
Be directed to any commissioned Police Officer or Code Enforcement Officer;
State the time and date the warrant was issued;
Identify the property to be entered in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
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/Administrator of the Shrewsbury Municipal Court, to be dealt with according to law;
Be signed by the Shrewsbury Municipal Judge, with his/her title of office indicated.
Execution And Return.
A warrant issued under this Section shall be executed only by a commissioned Shrewsbury Police Officer or Code Enforcement Officer, provided, however, that at least one (1) designated City official shall accompany the officer (the least number of such designated official(s) as is reasonably possible being authorized to accompany the officer), and the warrant shall be executed in the following manner:
The warrant may be issued by facsimile or other electronic means.
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.
The officer shall give the owner or occupant of the property entered a copy of the warrant. If no such person is present, the officer shall leave a copy of the warrant at the site of the search in a conspicuous location.
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, the officer shall leave the receipt at the site of the search in a conspicuous location.
A copy of the itemized receipt of any property taken shall be delivered to the City Attorney within two (2) working days of the execution of the warrant.
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 Section 542.301 of the Revised Statutes of Missouri.
The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant, but is required to use the least number of such persons as is reasonably possible.
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.
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.
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:
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.
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.
The Shrewsbury Court Clerk/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.
Warrant Invalid, When. A warrant shall be deemed invalid:
If it was not issued by the Shrewsbury Municipal Judge;
If it was issued without a written application having been filed and verified;
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced;
If it was not issued with respect to property in the City;
If it does not describe the property or places to be entered, inspected, or seized with sufficient certainty;
If it is not signed by the judge who issued it; or
If it was not executed and the required return made within ten (10) days after the date of the making of the application.