HomeMy WebLinkAbout2002-055 - Amendments to Chapter 215 of the Municipal CodeBILL NU. 2002- •'
ORDINANCE NO. 2002- .i~
AN ORDINANCE AMENDING THE RIVERSIDE CITY COllE
BY DELETING AND AMENDING CERTAIN SECTIONS
OF CHAPTER 215 REGARDING NUISANCES
WHEREAS, the City of Riverside, Missouri is charged with protecting the public health, safety and
welfare, and desires to do so fairly and responsibly.
WHEREAS, the City desires to implement mechanisms intended to attract commercial investment and
business.
WHEREAS, the City desires to implement mechanisms which will encourage maintenance of property in
an orderly and effective nature, and which will allow the community to maintain an attractive appearance
and which will Poster increased property values.
WHEREAS, the City desires to remain free of nuisances, noxious and dangerous items, and other
circumstances which threaten the public health, safety and welfare.
WHEREAS, the Cily has provisions in the City Code which describe and proscribe certain items,
circumstances and events, including general nuisances, litter, dangerous vehicles and violations of the
Property Maintenance Regulations of the City of Riverside.
WHEREAS, the City desires and intends to fashion and adopt a comprehensive method and procedure
for enforcing its code provisions related to prevention and abatement of undesired and unsafe items,
circumstances and events.
WHEREAS, the City desires to carry out this intention by adding comprehensive code enforcement
provisions to the City Code, and further by amending the current City Code to ensure uniformity and
consistency throughout the Code.
NOW, THEREFORE, he it ordained by the Board of Aldermen of the City of Riverside, Missouri, as
follows:
Section 1. The Municipal Code of the City of Riverside, Title [I. Public Health, Safety and Welfare,
Chapter 215: Nuisances, is hereby amended by the deletion of the following Sections:
SECTION 215.140: AUTHORIZED CITY OFFICIALS MAY ENTER PREMISES
SECTION 215.150: ABATEMENT OF NUISANCE BY CITY, PROCEllURE
SECTION 215.160: PENALTY
SECTION 215.170: RIGHT TO APPEAL
Section 2. The Municipal Code of the City of Riverside, Title ll. Public Hcalth, Safety and Wclfare,
Chapter 215: Nuisances, is hereby amended by the modification of certain Sections thereof, and Chapter
215: Nuisances shall hereafter read, in its entirety, as follows:
CHAPTER 215: NUISANCES
SF,CTION 215.010 DF,CLARATION OF PURPOSE
The Board of Aldermen of the City of Riverside, Missouri, hereby declares it to be the purpose of
this Chapter and the policy of the City to protect the health, safety, welfare, prosperity and peace
of the citizens of Riverside and to prevent the depreciation of property within the City of
Riverside by prohibiting nuisances. This Chapter and its provisions, specifically violations
thereof, shall be enforced and addressed pursuant to Chapter 227 of this Code.
SECTION 215.020 DEFINITIONS
For the purposes of this Chapter the following terms, phrases, words and their derivations shall
have the meanings given herein. When not inconsistent with the context, all references to the
singular shall include the plural and vice versa. The word "shall" is always mandatory and not
merely precatory.
AUTHORIZED PRIVATE RF.CEP7ACLE: A litter storage and collection receptacle as required
and authorized by Section 225.030 of the Code of Ordinances of the City of Riverside, Missouri.
CITY: The City of Riverside, Missouri.
PERSON: Any person, firm, partnership, association, corporation, company or organization of
any kind.
SECTION 215.030 NUISANCES PROHIBITED
A. No person shall permit, cause, keep, maintain or commit any nuisance as defined by the laws of
the State of Missouri or the ordinances of the City within the City limits of the City of Riverside,
Missouri.
B. No owner, occupant or person in charge of any house, building, lot or premises within the City of
Riverside shall cause or allow any nuisance to be or remain in or upon any such house, building,
lot or premise.
C. The creation or maintenance of any condition which is in fact a nuisance is declared unlawful and
subject to abatement and shall not be affected by the fact that it is not specifically enumerated in
this Chapter.
D. The prohibitions provided in this Section 215.030, and violations of the same, shall be enforced
and addressed pursuant to Chapter 227 of this Code.
SECTION 215.040 DEFINITIONS OF NUISANCES
The following acts or conditions are hereby declared to be nuisances, dangerous to the public
safety and arc hereby prohibited:
2
ANIMAL CARCASS: Permitting any animal carcass to remain exposed six (6) hours after death,
or permitting any part of the carcass of any animal, including the hide, to remain exposed six (6)
hours after death.
FOUL WATi:R: The accumulation upon or discharge onto any street, sidewalk, lot, park, public
square, public enclosure, or any pond or pool of water or any liquid refuse, including slop, foul or
dirty water or other liquid.
JUNK: The unsheltered storage of old, used, stripped or junked personal property of any kind
(except in licensed junk yards), including lumber, building materials, junk, trash or other debris,
abandoned, discarded or unused objects or equipment of any kind whatsoever, including
household appliances, vehicle parts or tires, scrap metal, toys, furniture, or barrels.
LITTER: The accumulation of vegetable or animal waste, litter, garbage, filth or refuse or any
rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes or any materials which
are offensive, or which tend to decay, or become putrid or unwholesome.
ODORS AND DUST: The emission or creation of offensive, disagreeable, noxious or toxic dust,
vapor, fume, mist, or odor.
RATS AND INSECTS: Permitting or maintaining any condition conducive to the harborage of
rats, insects and other vermin.
SEPTIC TANK: Maintaining or permitting any unclean, stinking, foul, defective or filthy drain,
ditch, septic tank or gutter or any leaking, broken, garbage box or receptacle of like character.
STAGNANT WATER: Maintaining or permitting the existence of any pond or pool of
unwholesome, impure or putrid water or any pond or pool of stagnant rain water which is or may
become offensive.
WEEDS: Permitting weeds or grass to attain Che height of ten (10) inches or more, and permitting
the accumulation of dead brush, branches or other plants. The word "weeds" as used herein shall
include ail vegetable growths except cultivated plants, trees and shrubs.
SECTION 215.050 ABOVE GROUND MOTOR FUEL STORAGE
A. No above ground motor fuel storage tanks shall be permitted except:
1. Above ground tanks where the owner can demonstrate to the satisfaction of the Codes
Enforcement Officer that it is solely for agriculture( uses.
2. The storage of ten (10) gallons or less of flammable or combustible liquids so long as such
liquids are stored in a container sealed by means of a lid or other device so that neither
liquid nor vapor will escape from it at ordinary temperatures.
3
3. The storage of combustible class 3b liquids only in the industrial zone and after the
applicant has received a special use permit in accordance with the Zoning Code of the
City.
4. Propane tanks.
"Motor fi~el "includes, but is not limited to, gasoline and diesel fuel.
B. Any other above ground storage tanks of motor fuel now existing shall be considered a non-
conforming use and the maintenance of the existing storage facilities shall not be deemed a
violation of this Section.
C. No existing above ground storage of motor fuel shall be added to or replaced except as provided
by the Zoning Code.
D. The prohibitions provided in this Section 215.050, and violations of the same, shall be enforced
and addressed pursuant to Chapter 227 of this Code.
SECTION 215.060 DAMAGED AND DISABLED VEHICLES
A. DeFinitions. As used in this Section the following words shall have the meanings set out below:
DAMAGED OR DISABLED VEHICLE: Any vehicle which is not registered or is improperly
registered with the State of Missouri; has been inoperable on public property for more than forty-
eight (48) hours or is in such a state of repair as to be inoperable, except those on the premises of
a duly licensed automobile repair or sales business; or in a duly licensed automobile junking yard.
JUNK: Any metal, glass, paper, rags, wood, machinery, parts, cloth, or other waste or discarded
material of any nature or substance whatsoever, or scrap or salvage materials.
PERSON: Any person, firm, partnership, co-partnership, corporation, or other organization of
any kind.
PROPERTY: Any land owned by the City or located within the City Limits, not including sU~eets
and highways.
STREET OR HIGHWAY: The entire area between the boundary lines of every publicly
maintained way when any part thereof is open to the use of the public for purposes of vehicular
travel.
VEHICLES: Any machine propelled by power other than human power designed to travel along
the ground by use o{' wheels, heads, runners, or slides including but not limited to automobiles,
trucks, trailers, motorcycles, hactors, buggies and wagons, or any part thereof.
B. Violations which are Misdemeanors. No person shall be allowed to cause, keep or maintain any
damaged or disabled vehicle, part thereof, or junk, to be located on any property, street, or
highway which presents a hazard to children, or harbors tall grass, weeds, or other vegetation, or
creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents,
4
rats, or other vermin; or any vehicle, part thereof, or junk, allowed to remain unmoved on any
street or highway for forty-eight (48) hours shall be deemed guilty of a misdemeanor. Each day of
violation shall be deemed a separate offense.
C. Code Enforcement Remedies. In addition to a misdemeanor, any violation of Section 215.060(B)
shall also be considered a code violation, which code violation shall be addressed and remedied
pursuant to the provisions and procedures provided in Chapter 227 of this Code.
SECTION 215.070 HAZARDOUS TREES
A live or dead h~ee which constitutes a hazard to the safety oP persons or of property, private or
public, is hereby declared to be a nuisance. No person shall be allowed to cause, keep, maintain or
commit such a nuisance; this prohibition shall be enforced, and violation of the same shall be
addressed, pursuanl to Chapter 227 of this Code.
SECTION 215.080 STABLES, SHEDS, BUILDINGS, ETC.
All stables, sheds or compartments in which a horse, cow or other animal shall be kept in such
manner or in any place in which the refuse of such animal shall collect or accumulate or that any
offensive smell shall be allowed to escape from is hereby declared to be a nuisance and dangerous
to the public safety and prohibited; provided, nothing in this Section shall be so construed as to
include manure deposits on any private property for the purpose of enriching the soil thereon. No
person shall be allowed to cause, keep, maintain or commit that which is hereby declared a
nuisance; this prohibition shall be enforced, and violation of the same shall be addressed, pursuanl
to Chapter 227 of this Code.
SECTION 215.090 MALFUNCTIONING PRIVATE SEWAGE DISPOSAL SYSTEMS
All malfunctioning private sewage disposal systems which allow polluted, raw or partially treated
wastewater or effluent to be deposited or stand upon any premises shall be deemed a nuisance.
When any private sewage disposal system has been determined to be malfunctioning, the owner
of the said premises will be ordered to make connection to the public sewer if available. In
addition, no person shall be allowed to cause, keep, maintain or commit that which is hereby
declared a nuisance; this prohibition shall be enforced, and violation of the same shall be
addressed, pursuant to Chapter 227 of this Code.
SECTION 215.100: INTERFERING WITH ANY GUTTER, SEWER OR NATURAL
DRAINAGE
No person shall interfere with or obstruct, without legal authority, any gutter, conduit, sewer or
other outlet for water or natural drainage upon any public or private property. Any such
interference or obstruction shall be deemed a nuisance; this prohibition shall be enforced, and
violation of the same shall be addressed, pursuant to Chapter 227 of this Code.
5
SECTION 215.110: WATER POLLUTION
No person shall corrupt or render unwholesome or impure the water of any spring, river, stream,
pond or lake. Any such corruption or rendering shall be deemed a nuisance; this prohibition shall
be enforced, and violation of the same shall be addressed, pursuant to Chapter 227 of this Code.
SECTION 215.120: PAINTING SIGNS ON PROPERTY WITHOUT CONSENT OF THE
PROPERTY OWNER
A. It is hereby declared a nuisance for any person to advertise wares or occupations by painting
notices on or affixing notices to fences or other private property or on rocks or other natural
objects without the consent of the owner or, if in the streets of the City of Riverside, Missouri,
without the permission of the Board of Aldermen. No person shall be allowed to cause, keep,
maintain or commit such a nuisance; this prohibition shall be enforced, and violation of the same
shall be addressed, pursuant to Chapter 227 of this Code.
B. Garage sale and election signs shall not be deemed to be a nuisance if they are removed within
twenty-four (24) hours after the completion of the garage sale and within ten (10) days after
election.
SECTION 215.130: UNNECESSARY NOISE
A. No person shall make, continue, cause, or permit to be made or continued any noise disturbance.
The following are declared to be noise disturbances in violation of this Section, but this
enumeration is not exclusive:
Barking dogs or other noisy animals which disturb the comfort and repose of any person
in the vicinity.
2. Use of sound-producing or reproducing equipment between the hours of 10:00 P.M. and
7:00 A.M. that is plainly audible within a dwelling unit that is not the source of the sound,
or use of such equipment on public property or on a public right-of-way so as to be plainly
audible fifty (50) feet or more from the source of the sound. The Board of Aldermen may
grant an exemption from this Subsection to allow a person reasonable use of public
3. property or the right-of-way to broadcast music or speech.
B. Any disturbance such as that described in Section 215.130(A) which is not exempted shall be
deemed a nuisance. No person shall be allowed to cause, keep, maintain or commit such a
nuisance; this prohibition shall be enforced, and violation of the same shall be addressed, pursuant
to Chapter 227 of this Code.
SECTION 215.140 PENALTIES
Any person who violates any Section of this Chapter shall, upon conviction, be punished by a fine
of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or by
imprisonment in the appropriate jail for a teem not exceeding ninety (90) days, or by both fine and
h
imprisonment. Each day a violation of this Chapter continues shall be deemed a separate
violation for pw•poses of the Section.
SECTION 215.150: RI(UHT TO PETITION FOR INJUNCTION
In addition to the remedies set forth in this Chapter, and Chapter 227 of this Code, the City may
petition the Circuit Court of Platte County to enjoin any nuisance or threat to the public health,
safety or welfare. The remedies set forth herein and in Chapter 227 are cumulative and not
exclusive, and the City may seek any legal or equitable remedy at its disposal, regardless of
whether it has exhausted any other remedy available ro it under this Chapter or Chapter 227.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this
Ordinance, or the application thereof to any circumstances, is for any reason held to be unconstitutional
or invalid or ineffective by any court of competentjurisdiclion, such decision shall not affect the validity
or effectiveness of the remaining portions of this Ordinance.
Section 4. This ordinance shall take effect immediately.
U~!~f
Passed this /""day of-A2002.
,f ~t~ ~/,~~~
Betty Burch, ayor
ATTEST:
~' . - ~ .
i
~_~C~ Y CLERK
7