City of Jonesburg, MO Article IV Public Nuisances

Section 507.120 Public Nuisance Defined.

[Ord. No. 333, 1-4-2019]

A. Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of its condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one (1) or more individuals in the City, in any one (1) or more of the following particulars:

1. By reason of being a menace, threat and/or hazard to the general health and safety of the community.

2. By reason of being a fire hazard.

3. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.

4. By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.

Section 507.130 Public Nuisance Enumerated.

[Ord. No. 333, 1-4-2019]

A. The following acts, in addition to any others in violation of Section 507.120 of this Chapter, are determined by the Board of Aldermen as noisome, offensive, unwholesome, or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:

1. Allowing stagnant pools of water to accumulate; If determined hazardous waste is in existence abatement must comply with current City, State or Federal laws determining hazardous material disposal or abate within seven (7) days were no hazardous conditions exist.

2. Accumulations or disposal of trash, lumber which is not stacked more than twelve (12) inches off the ground, earth, ashes, mortar, papers, stone, brick, rock, tin, steel, dirt, manure or excrement, filth, chips or rubbish of any description, cesspools, drains, garbage or any other animal or vegetable substances, unless the accumulations or disposal of such items in such place is specifically authorized by law; Must abate within seven (7) days of notice or show cause, in writing, why abatement can not be made in the allotted time.

3. The keeping of any horse, cattle, sheep, swine, goats, mules or other livestock or fowl within the corporate limits (unless a municipal permit/variation has been issued) and is not in conflict with the current City of Jonesburg, animal ordinance; Abatement within twenty-four (24) hours unless animal(s) pose a direct threat or harm to the City or any person in which case you abate immediately.

4. The pollution of any river or stream; Abate immediately.

5. The distribution of samples of medicine, alcohol or drugs to minors; Abate immediately.

6. Prohibited Noise Offense's. The purpose of this Subsection is to preserve the public health, safety, and welfare by prohibiting excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the time and place and which is detrimental to the peace and good order of the community. It is the goal of this Subsection to allow all persons of our City to peacefully coexist in a manner which is mutually respectful of the interests and rights of others.

a. General Prohibition. It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to be unreasonable when it disturbs, injures or endangers the peace, health or when it endangers the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and a public nuisance.

b. Express Prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances:

(1) Radios, Television Sets, Musical Instruments, Phonographs And Similar Devices. Operating or permitting the use or operation of any musical instrument, radio, television, phonograph, or other device for the production or reproduction of sound in such a manner as to be plainly audible through walls or floors between units within the same building, from another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a manner as to unreasonably disturb the peace, quiet or comfort of the public.

(2) Motor Vehicle Sound Equipment. The operation or permitting the operation of any radio, stereo or other sound amplification equipment from a motor vehicle that is audible at twenty-five (25) feet from such vehicle. The term "motor vehicle" shall mean any car, truck or motorcycle.

(3) Parties And Other Social Events. Notwithstanding Subsection (A)(6)(b)(7)(a), it shall be unlawful for any person who is participating in a party or other social event to actively make unreasonably loud noise. A "party or other social event" is defined as a gathering upon the premises of one or more persons not residing at the premises. Unreasonably loud noise is noise that unreasonably interferes with the peace or health of members of the public or is plainly audible between the hours of 10: 00 p.m. and 7: 00 a.m. through the walls between units within the same building, from another property or from the street. It shall also be unlawful for any person of a premise under his or her control to allow a party or other social event occurring in or about the premises to produce unreasonably loud noise. There is a rebuttable presumption that all persons of the premises have allowed such party or other social event to occur in or about the premises. All persons of the premises are responsible for such unreasonable noise made, each having joint and several liability.

(4) Machinery. Operating or permitting or directing the operation of any power equipment or machinery outdoors between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City Manager.

(5) Construction Noise. Noise resulting from the excavation, demolition, erection, construction, alteration or repair of any premises or structure between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City.

(6) Loudspeakers. The use of loudspeakers or other sound amplification equipment upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or site.

(7) Exemptions. Noise from the following sources shall be exempt from the prohibitions specified herein:

(a) All safety signals and warning devices or any other device used to alert persons to any emergency or used during the conduct of emergency work, including, but not limited to, police, fire and rescue vehicle sirens.

(b) The repair and maintenance of municipal facilities, services or public utilities when such work must be accomplished outside daytime hours.

(c) Snow removal equipment operated within the manufacturer's specifications and in proper operating condition.

(d) Musical, recreational and athletic events conducted by and on the site of a school, educational institution, park, or recreational area.

(e) Events and activities conducted by or permitted by the City. Persons operating an event or activity under authority of an entertainment permit, parade/street event permit, or parks special use permit shall comply with all conditions of such permits or licenses with respect to noise control issues.

(f) Construction or repair work which must be done to address an emergency health or safety concern and that cannot be accomplished during daytime hours and which is not normal maintenance and repair.

(g) Any other specific function as approved by the City Manager; Abate immediately or within the time directed by the City Official.

7. Maintaining, using indoor/outdoor privy or closet where connections to a sanitary sewer are available; Abate/cease use immediately.

8. Trucks, cars or trailers that fail to maintain a secure load; Abate immediately must clean, remove or dispose of nuisance immediately.

9. Dead animals; Must be disposed of immediately or within twenty-four (24) hours as determined by the official based on health, sanitation or location.

10. Any building, house, room, other structure or vehicle, maintained or used for the purposes of lewdness, assignation, prostitution, illegal drug use including but not limited to distribution, manufacturing, or sales of said illegal substances; Immediately.

11. Any pit, basin, hole, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law; The City Official based upon location and circumstances surrounding said nuisance determines a public hazard exists may summary abate or allow up to seven (7) days to abate.

12. All obstructions to streets, right-of-way, or other public ways in the City, and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time; Immediately or as determined by the City Official based upon location and circumstances surrounding said nuisance.

13. Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the City, any one (1) or more of, but not limited to, the following conditions or things:

a. Any bone, meat, hides, skin, or the whole or parts of any dead animal or fish;

b. Any chemicals or other materials commonly known to be noxious, offensive, dangerous or otherwise injurious, including, but not limited to, grease, oil, anti-freeze, excrements, explosives, radioactive materials, poisons, trash or junk; If determined hazardous waste is in existence abatement must comply with current City, State or Federal laws determining hazardous material disposal.

14. All premises and vehicles whereon or wherein intoxicating liquor is manufactured, sold, bartered, exchanged, given away, furnished, disposed of, consumed, or permitted to be consumed, in violation of the laws of the State or ordinances of the City.

15. All vacant, unused, or unoccupied buildings and structures within the City, which are allowed to become or remain open to entrance by unauthorized persons or the general public, because of broken, missing, or open doors, windows, or other openings, so that the same may be used by vagrants or other persons in a manner detrimental to the health and welfare of the inhabitants of the City.

16. Leaving, or permitting to be or remain in, upon, across any sidewalk, steps, or other public or private walkway in the City, any one (1) or more of, but not limited to, the following conditions or things:

a. Obstacles trash, junk protruding, over, or across the edges of public sidewalks and steps.

b. Vehicles, included but not limited to cars, trucks, trailers, motorcycles, bicycles, golf carts, atvs.

c. Mud, debris, garbage, or other items or substances upon the surface which might obstruct a pedestrian or cause to loose footing.

d. Overhanging trees, shrubs, or other obstructions to pedestrian travel.

17. Electric fence or fence constructed wholly or partly of barbed wire except in areas within the City zoned agricultural.

18. Any outdoor storage of items, including, but not limited to, tools, equipment, machinery, non-working automobiles, parts of derelict cars or trucks, household appliances and broken furniture that is not enclosed by a fence at least forty-two (42) inches in height with a lockable gate. Said gate which is left unlocked when back yard is not occupied will constitute a public nuisance.