[R.O. 2012 §215.010]
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, 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 Knob Noster,
Missouri.
11.
Any
vehicle used for garbage or rubbish disposal which is not equipped
with a water-tight 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 Knob Noster 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 Knob Noster.
B.
Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. 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 Knob Noster, or within one-half (½) mile of the
corporate limits of the City of Knob Noster, 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 Mayor
or his/her designate 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 Board
of Aldermen receives notification that a nuisance may exist, it shall
proceed as follows, except as may be otherwise provided herein:
1.
It shall investigate the same. The Board may order any person
who has caused or is maintaining the nuisance to appear before the
Board at such time and place as the Board may direct to show cause,
if any, why that person should not abate the nuisance. Every person
required to appear before the Board shall have at least ten (10) days
notice thereof.
2.
Such
notice shall be signed by the Health Officer or Chief of Police and
shall be served upon that person by delivering a copy thereof to the
person, or by leaving a copy at his/her residence with some member
of the family or household over fifteen (15) years of age, or upon
any corporation by delivering the copy thereof to the president or
to any other officer at any business office of the corporation within
the City. If the notice cannot be given for the reason that the person
named in the notice or his/her agent cannot be found in the City,
of which fact the return upon such notice of the Officer serving the
same shall be conclusive evidence, such notice shall be published
in a daily newspaper for three (3) consecutive days, if a daily, or
once if a weekly paper, giving at least ten (10) days notice from
the final publication date of the time fixed for the parties to appear
before the Board.
3.
If after
hearing all the evidence the Board of Aldermen may determine that
a nuisance exists, it may direct the Health Officer or Chief of Police,
or other City Official to order the person to abate the nuisance within
twenty (20) days or within such other time as the Board 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 appropriate City Official be directed to abate the nuisance
if the order is not obeyed within the time period set by the Board,
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 Board,
the appropriate City Official shall proceed to abate the nuisance
in the manner provided by the order of the Board, and the cost of
same, if ordered by the Board, may 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.
[R.O. 2012 §215.020]
Any person in physical possession and control of any animal
shall remove excreta or other solid waste deposited by the animal
in any public or private area not designated to receive such wastes,
including but not limited to streets, sidewalks, parking lots, public
parks or recreation areas and private property. The provisions of
this Section shall not apply to a guide dog accompanying any blind
person.