City of Woodson Terrace, MO Article II Other Conditions Creating Nuisance

Section 215.080 Certain Noises Creating A Nuisance.

[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:

1. Volume of the noise.

2. Intensity of the noise.

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:

1. Emergency repairs.

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.

Section 215.090 Litter.

[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.

Section 215.100 Leaking Water and Sewer Lines.

[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.