[CC 1976 §205.010; Ord. No. 595 §§1—19, 1-13-1953]
A.
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.
B.
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.
C.
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.
D.
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.
E.
All
slaughterhouses, soap factories and pig pens are hereby declared to
be a nuisance.
F.
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.
G.
All
privies or private vaults not connected with a sanitary sewer are
hereby declared to be a nuisance.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
S.
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]
A.
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.
B.
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]
A.
OWNER
PROPERTY
WEEDS
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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]
A.
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.
B.
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.
C.
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]
A.
EXCAVATION
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.
B.
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.
C.
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]
A.
Procedures
Governing Administrative Warrants:
1.
Administrative Warrant Defined — Who May Issue, Execute.
a.
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:
(1)
To abate such physical conditions on private property constituting
a public nuisance or otherwise in violation of a specified regulation
as provided herein;
(2)
To inspect private property to determine or prove the existence
of physical conditions in violation of such a specified regulation;
and
(3)
To seize, photograph, copy, or record evidence of the violation
of such a specified regulation.
b.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative warrant when:
c.
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.
2.
Who May Apply For Warrant — Contents Of Application.
a.
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.
b.
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.
c.
The application shall:
(1)
Be in writing;
(2)
State the time and date of the making of the application;
(3)
Identify the property to be entered, inspected, or seized in
sufficient detail and particularity that the officer executing the
warrant can readily ascertain it;
(4)
State that the owner or occupant of the property:
(a)
Has been requested by the City to allow such action and has
refused to allow such action; or
(b)
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;
(5)
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;
(6)
Be verified by the oath or affirmation of the applicant; and
(7)
Be signed by the applicant and filed in the prosecuting attorney's
office.
d.
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.
3.
Hearing And Procedure — Contents Of Warrant — Execution
And Return.
a.
Hearing And Procedure.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
b.
Contents Of Warrant. The warrant shall:
(1)
Be in writing and in the name of the City;
(2)
Be directed to any commissioned Police Officer or Code Enforcement
Officer;
(3)
State the time and date the warrant was issued;
(4)
Identify the property to be entered in sufficient detail and
particularity that the officer executing the warrant can readily ascertain
it;
(5)
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;
(6)
Be signed by the Shrewsbury Municipal Judge, with his/her title
of office indicated.
c.
Execution And Return.
(1)
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:
(a)
The warrant may be issued by facsimile or other electronic means.
(b)
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.
(c)
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.
(d)
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.
(i)
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.
(ii)
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.
(e)
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.
(f)
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.
(g)
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.
(2)
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:
(a)
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.
(b)
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.
(3)
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.
4.
Warrant Invalid, When. A warrant shall be deemed invalid:
a.
If it was not issued by the Shrewsbury Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without sufficient probable cause in light of the
goals of the ordinance to be enforced;
d.
If it was not issued with respect to property in the City;
e.
If it does not describe the property or places to be entered, inspected,
or seized with sufficient certainty;
f.
If it is not signed by the judge who issued it; or
g.
If it was not executed and the required return made within ten (10)
days after the date of the making of the application.
