City of Shrewsbury, MO Chapter 220 Public Health

Section 220.010 St. Louis County Health Department.

[CC 1976 §220.020; Ord. No. 1074 §§1—4, 11-9-1971]

A. The Health Commissioner of St. Louis County shall serve as Deputy Health Commissioner of this City, and shall exercise general supervision over the public health within the said City, with all powers and duties appertaining thereto according to law.

B. The Mayor of this City is authorized to enter into on behalf of the City, a contract with St. Louis County, whereby the County shall provide the services of trained Health Department personnel to carry out a public health and sanitation program within the City, including dog catching and rabies control service, general sanitation and food inspection, and such other services and activities as the Mayor may at any time, and from time to time, determine to be necessary and within the facilities and capabilities of the County's Department of Public Health; all terms and provisions of the Contract shall be such as the Mayor approves.

C. This City, shall provide all necessary space and office equipment required at no cost to St. Louis County if requested by said City.

D. Agreement executed shall continue in force from year to year unless terminated by either party at the end of any calendar year by written notice at least thirty (30) days prior thereto.

Section 220.020 Rodent Control.

[CC 1976 §220.030; Ord. No. 456 §§1—3, 5-9-1944]

A. The Board of Aldermen finds that there are increasing numbers of rats and other rodents in the City and that the presence of these rodents is a definite menace and hazard to the health of the inhabitants; that the storing of wood, stone, iron or of any other kind of materials, parts, rubbish or debris upon the ground upon private property, provides a place of refuge for the inhabitation of and increase in the number of rodents in the City; therefore, on and after the passage and approval of this Section, it shall be unlawful for any person, firm or corporation to store, keep, pile or otherwise maintain upon his, her or its premises within the corporate limits of the City, any wood, stone, iron or any other kind or character of materials, rubbish or debris of any kind, unless it is stored, kept, piled or otherwise maintained upon said premises so as to provide at least eighteen (18) inches of clear space between such materials and the surface of the ground beneath the same.

B. The Health and Police Officials of the City shall at all reasonable hours have the right to visit and inspect all private premises in the corporate limits for the purpose of determining the presence of any and all materials stored, kept, piled or maintained thereof, and shall promptly notify the owner or occupant of the premises on which they shall find any such materials kept, stored, piled or maintained contrary to this Chapter to remove the same within forty-eight (48) hours thereafter, and any owner, or occupant of any premises so notified by the terms of this Chapter, who shall fail or refuse to comply herewith, shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties herein provided.

C. Any person, firm or corporation, including any owner, agent, lessee, or occupant of private property in the corporate limits of the City, who shall violate any of the provisions of this Section, shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00), and each day such violation shall continue, shall be and constitute a separate offense and shall be punishable as such.

Section 220.030 Garbage and Trash Collection.

[CC 1976 §220.040; Ord. No. 891 §§1—7, 9—15, 2-8-1966; Ord. No. 1000-B §8, 1-13-1970; Ord. No. 1334 §1, 10-10-1978; Ord. No. 2033 §1, 2-27-1996; Ord. No. 2314 §1, 5-14-2002; Ord. No. 2425 §1, 4-15-2005; Ord. No. 2436 §1, 5-28-2005; Ord. No. 2822 §1, 6-23-2015]

A. The City hereby reserves to itself the exclusive right and privilege of the collection, removal, and disposition of all garbage and trash within the City limits of said City, either by contracting with a suitable party for the collection and removal thereof or by the collection and removal thereof by employees of said City; either method to be at the discretion of the Board of Aldermen of the City. Notwithstanding the foregoing, commercial property owners or tenants, and multifamily residential unit owners or residential associations may, with City approval, arrange for garbage and trash collection on their own with a party acceptable to and approved by the City. Such private garbage and trash collectors shall be private contractors not affiliated with the City in any way and shall be insured commensurate with the requirements set forth in Section 220.030(L) and shall comply with the requirements set forth in Section 220.030(M).

B. Definitions. For the purposes of this Section, the following terms shall have these prescribed meanings:

GARBAGE

Every accumulation of animal or vegetable matter likely to decay or usually discarded as waste matter from kitchens, dining rooms, hotels, restaurants, boardinghouses and dwelling houses of every kind, and shall include such waste animal or vegetable matter from public institutions, businesses, stores, markets, or other establishments.

TRASH

Every accumulation of broken or discarded boxes, glass, metal vessels or containers, ashes, tree trimmings, paper, straw, sawdust, grass clippings, mortar, plaster, broken bricks, rocks, broken concrete, iron or other metal, clothes and such other similar waste matter usually discarded by business establishments or occupants of dwellings or living quarters; provided that no single container shall be loaded with more weight than fifty (50) pounds, at any one (1) collection.

C. Any owner, occupant, tenant or lessee occupying a business establishment, or apartment, private school or condominium, or any person in charge of a hotel or other living quarters in the City, may execute a contract with a trash collector and/or hauler other than one employed by the City, subject to the requirements of this Section.

D. It is hereby made the duty of every owner, occupant, tenant or lessee occupying a business establishment, dwelling house or apartment, private schools, and every person in charge of a hotel or other living quarters in the City, to provide and maintain suitable containers for garbage and trash, which containers shall be placed on or in the rear of the building line of the premises at some suitable place on such premises which shall at all times be accessible to garbage and trash collectors. All containers shall be made of heavy-gauge metal, vinyl or hard plastic, watertight construction, equipped with flyproof-type lid, and shall be of a type approved by the Mayor or any officer in charge of enforcement of this Section and as nearly uniform in type as possible according to the nature of the dwelling, business or other kind of occupied premises. Such container shall be kept covered at all times.

E. It shall be unlawful for any person, firm or corporation or business to deposit upon the streets, alleys, public or private property any garbage or trash for collection unless the same is placed in containers as required by this Section.

F. It shall be unlawful for any owner, occupant or other person in charge of any lot, tract of ground or other premises in the City, to allow garbage or trash to accumulate thereon and to permit water or other putrid substances whether animal or vegetable to so accumulate so as to cause an offensive odor to be emitted therefrom or to cause a condition dangerous to the health or safety of any person.

G. It shall be unlawful for any person not duly authorized as provided herein to tamper with, overturn, remove or destroy any garbage and trash container of a residence, business or other establishment in the City.

H. It shall be unlawful for any trash collector or hauler to collect or haul trash before 7:00 A.M. and after 9:00 P.M. Monday through Friday and before 9:00 A.M. and after 4:00 P.M. on Saturday. No trash pickup will be allowed on Sunday at any time nor on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

I. It shall be unlawful for any owner, occupant, or other person to place a trash container at the public street curb for pickup prior to 4:00 P.M. the day before the scheduled pickup. All such trash containers shall be returned to a location consistent with Section 220.030(D) no later than 11:00 P.M. the day of the pickup.

J. It shall be unlawful for any person to deposit garbage or trash waste in any garbage or trash container, other than his or her own, without the written consent of the owner of such container.

K. It shall be unlawful for any owner, tenant, lessee or occupant of any premises in the City, except commercial business as designated in Section 220.030(A) hereof, to cause or allow any person other than such person with whom the City shall have entered into an exclusive contract for the hauling of such garbage and trash to remove the same from the premises; provided, however, that the City shall have such a contract in effect.

L. City May Contract — Procedure.

1. The Board of Aldermen of the City may contract with some suitable firm, person or corporation for the collection and removal of garbage and trash upon such terms and conditions as may, under the terms of this Section, be deemed for the best interest of the City; provided that any party so contracting with the City shall furnish to the City a bond in a sum equal to one hundred percent (100%) of the contract price of a one-year contract, a sum equal to fifty percent (50%) of the contract price of a two-year contract, or a sum equal to fifty percent (50%) of the contract price for the three-year contract period, conditioned upon the faithful performance of such contract, and shall further furnish and deposit with the City Clerk a bond of contractor's liability insurance and save harmless the City of Shrewsbury, Missouri, from all suits and actions of every name and description brought against the City for, or on account of, any injuries or damages received or sustained by any party or parties by, or from the acts of, a contractor collecting garbage or trash or his/her servants or agents, in doing the work contracted to be done, or by, or in consequence of, any negligence, or on account of any act or omission of said contractor, his/her servants or agents by taking out motor vehicle liability insurance in the sum of one hundred thousand dollars ($100,000.00) to cover personal injuries, including death, to each person; and three hundred thousand dollars ($300,000.00) for each accident; and ten thousand dollars ($10,000.00) for damage to property for each accident; also complete workmens' compensation; and public liability insurance in the sum of twenty-five thousand dollars ($25,000.00) to cover personal injuries, including death, to each person; and fifty thousand dollars ($50,000.00) for each accident; and one thousand dollars ($1,000.00) for damage to property for each accident. All premiums are to be paid by the contractor, and such policies of insurance to be companies acceptable to said City, and provided further that, unless such a contract is duly entered into, the City shall have the right to provide for the collection and removal of garbage and trash by its own employees.

2. When the Board of Aldermen shall determine that bids shall be necessary, the City Clerk shall advertise in a newspaper published in St. Louis County inviting interested persons or companies to bid on the collection of garbage and trash from the City in accordance with this Section. Such notice inviting bids shall be so published before December 1 of any given year, and all bids shall be accompanied by a cashier's check in the amount of two hundred dollars ($200.00). The sum so deposited shall be promptly returned to the unsuccessful bidders. The sum so deposited by the successful bidder shall be added to the contract price. Any and all bids may be rejected by the Board of Aldermen of the City.

M. All vehicles used in the collection, removal and disposal of garbage and trash shall have a watertight metal body provided with a tight metal cover or covers, and shall be so constructed as to prevent such waste matter from spilling, blowing or falling off while being transported. Said vehicles shall be adequately and tightly sealed. All garbage and trash shall be removed to and dumped beyond the limits of the City as they now exist or may hereafter be established. When not in use, such vehicles and all implements used in connection therewith shall be kept in a place where no needless offense will be given to any residents of the City.

N. Billing for Services.

1. If the City collects and removes garbage, trash and ashes itself, annual or more frequent charges are authorized and directed to be collected from the occupants/owners of the premises and others covered by the terms of this Section by incorporating the amount due for garbage, ashes and trash removal service into the real estate tax bill of all property owners, or by special bill to the party obligated to pay it. It shall be the responsibility of the City Clerk, or any other person in charge of enforcement of this Section, to be responsible for the collection of such bills. Such bills for garbage, ashes and trash removal services shall be paid in like manner as payment of real estate taxes of this City, and non-payment shall become a lien upon the real estate which received the benefit. Specific charges shall be set forth in an ordinance passed by the Board of Aldermen.

2. If the City contracts with a third party for the collection and removal of garbage, ashes and trash, said third party shall bill occupants directly quarter-annually. Charges for service shall be due within thirty (30) days of the billing date. If the occupant fails to make such payment, then the owner shall be billed therefor. If neither the occupant nor the owner pays such charges, the City shall become liable for such unpaid charges. If the City becomes so liable and makes such payment, the City may enforce collection of reimbursement for such charges by filing suit to recover delinquent payments plus interest from the due date at an annual rate of nine percent (9%), and hereunder shall become a lien upon the real estate which received the benefit of such service upon the filing by the City with the Recorder of Deeds for St. Louis County of a notice of such a lien in such form as may be required for the recording of such liens. Specific charges for waste removal services shall be set forth in each ordinance authorizing the Mayor contractual authority, said ordinance to be passed by the Board of Aldermen at the meeting at which it awards the contract to the successful bidder, or the next immediately following meeting.

3. The foregoing is applicable to tax-exempt establishments, except as otherwise provided.

4. If a house or other building receiving service is to be unoccupied for more than thirty (30) consecutive days, trash service and accompanying charges therefor can be suspended upon written notification by the owner/occupant to the City Clerk of such vacancy. Services will be resumed within a reasonable time after a written request for same has been submitted to the City Clerk.

5. All owners of premises in the City, except commercial businesses as designated in Section 220.030(A) hereof, shall subscribe or require their tenants, agents, renters or other responsible party to subscribe to the service of the Sanitation Department of the City or of any person with whom the City contracts for the collection and removal of waste; and the failure to pay for such service shall entitle the City to assess fees and institute collection as provided for in Section 220.030(N)(2).

Section 220.040 No Smoking in Public Places.

[CC 1976 §220.050; Ord. No. 1867 §1, 11-10-1992]

A. Offenses. The following shall be offenses under the ordinances of this City, and shall be punishable as provided in Subsection (F) of this Section.

1. No person shall smoke in a public place or in a public meeting except in a designated smoking area.

2. No proprietor or other person in charge of a public place or public meeting shall permit, cause, suffer or allow a person to smoke in those areas where smoking is prohibited.

B. Duties Of Person Having Control Of Public Place. The person having custody or control of a public place or public meeting shall:

1. Make reasonable efforts to prevent smoking in the public place or public meeting by posting appropriate signs indicating no-smoking or smoking area and arrange seating accordingly. These signs shall be placed at a height and location easily seen by a person entering the public place or public meeting and not obscured in any way;

2. Arrange seating and utilize available ventilation systems and physical barriers to isolate designated smoking areas;

3. Make a reasonable request of persons smoking to move to a designated smoking area;

4. Allow smoking in designated areas of theater lobbies only.

C. Public Place Defined. A "public place" is any enclosed indoor area used by the general public or serving as a place of work including, but not limited to:

1. Any retail or commercial establishment;

2. Health care facilities, health clinics or ambulatory care facilities including, but not limited to, laboratories associated with health care treatment, hospitals, nursing homes, physicians' offices and dentists' offices;

3. Any vehicle used for public transportation including, but not limited to, buses, taxicabs and limousines for hire;

4. Restrooms;

5. Elevators;

6. Libraries, educational facilities, day care facilities, museums, auditoriums and art galleries;

7. All public areas and waiting rooms of public transportation facilities including, but not limited to, bus and airport facilities;

8. Any enclosed indoor place used for entertainment or recreation including, but not limited to, gymnasiums, theater lobbies, concert halls, arenas and swimming pools;

9. Any other enclosed indoor areas used by the general public including, but not limited to, corridors and shopping malls;

However, the following areas are not considered a public place:

10. An entire room or hall which is used for private social functions, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or other person in charge;

11. Limousines for hire and taxicabs, where the driver and all passengers agree to smoking in such vehicle;

12. Performers on the stage, provided that the smoking is part of the production;

13. A place where more than fifty percent (50%) of the volume of trade or business carried on is that of the blending of tobaccos or sale of tobaccos, cigarettes, pipes, cigars or smoking sundries;

14. Any bar, any tavern, a restaurant that seats less than fifty (50) people, any bowling alley or any billiard parlor, provided such establishment conspicuously posts at least two (2) signs stating that "Non-Smoking Areas Are Unavailable;"

15. Private residences; and

16. Any enclosed indoor arena, stadium or other facility which may be used for sporting events and which has a seating capacity of more than fifteen thousand (15,000) persons.

D. Other Definitions. As used in this Section, the following terms mean:

BAR OR TAVERN

Any licensed establishment which serves liquor on the premises for which not more than ten percent (10%) of the gross sales receipts of the business are supplied by food purchases, either for consumption on the premises or elsewhere;

OTHER PERSON IN CHARGE

The agent of the proprietor authorized to give administrative directions to and general supervision of the activities within the public place, work place or public meeting at any given time;

PROPRIETOR

The party who ultimately controls, governs or directs the activities within the public place, work place or public meeting, regardless of whether he/she is the owner or lessor of such place or site. The term does not mean the owner of the property unless he/she ultimately controls, governs or directs the activities within the public place or public meeting. The term "proprietor" shall apply to a corporation as well as an individual;

PUBLIC MEETING

A gathering in person of members of a governmental body, whether an open or closed session, as defined in Chapter 610, RSMo.;

RESTAURANT

Any building, structure or area used, maintained or advertised as or held out to the public to be an enclosure where meals for consideration of payment are made available to be consumed on the premises;

SMOKING

Possession of burning tobacco in the form of a cigarette, cigar, pipe or other smoking equipment.

E. Designated Smoking Area. A smoking area may be designated by persons having custody or control of public places, except in places in which smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation. No public place shall have more than thirty percent (30%) of its entire space designated as a smoking area.

1. Restaurants. A proprietor or other person in charge of a restaurant shall designate an area of sufficient size to accommodate usual and customary demand for non-smoking areas by customers or patrons, but at a minimum seventy percent (70%) of the restaurant seating area shall be non-smoking.

F. Penalty. Any person who violates this Section shall be guilty of a misdemeanor.

Section 220.050 Prohibition of Distribution of Tobacco Products To Minors.

[CC 1976 §220.060; Ord. No. 1868 §1, 11-10-1992]

A. Distribution Of Tobacco Products To Minors Prohibited. No person shall sell or distribute any tobacco product or rolling papers to any minor, except that this Subsection shall not apply to the distribution by family members on property that is not open to the public.

B. Sign To Be Displayed. The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:

1. Contain in red lettering at least one-half (½) inch high on a white background the following: "It is a violation of State law for cigarettes or other tobacco products to be sold to any person under the age of eighteen" and

2. Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red diagonal diameter of a surrounding red circle, and the words "Under 18."

C. Evidence Of Age To Be Required. A person selling tobacco products or rolling papers or distributing tobacco product samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of eighteen (18). Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of this Section.

D. Employee Liability. If a sale is made by an employee of the owner of an establishment in violation of this Section, the employee shall be guilty of an offense established in Subsection (A) of this Section. If a vending machine is in violation of the sign required by Subsection (B) of this Section, the owner of the establishment shall be guilty of an offense under this Section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense under this Section.

E. Penalty. Any person who violates this Section shall be fined:

1. For the first (1st) offense, twenty-five dollars ($25.00);

2. For the second (2nd) offense, one hundred dollars ($100.00);

3. For the third (3rd) and subsequent offense, two hundred fifty dollars ($250.00).

F. One Violation Each Day. No person shall be liable for more than one (1) violation of this Section on any single day.