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Home My WebLink About2002-056 - Amendments to Chapter 225 of the Municipal CodeBILL NO. 2002- ORDINANCE NO. 2002- AN ORDINANCE AMENDING THE RIVERSIDE CITY CODE BY DELETING AND AMENDING CERTAIN SECTIONS OF CHAPTER 225, ARTICLE II, REGARDING LITTER WHEREAS, the City of Riverside, Missouri is charged with protecting the public health, safely and welfare, and desires to do so fairly and responsibly. WHEREAS, the City desires to implement mechanisms intended to atri~act 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 foster 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 City 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, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as fonoWS: Section 1. The Municipal Code of the City of Riverside, Title II. Public Health, Safety and Welfare, Chapter 225: Solid Waste And Litter, Article II. Litter, is hereby amended by the deletion of the following Section: SECTION 225.170: WHERE INTERESTED PERSON ABSENT FROM THE CITY. Section 2. The Municipal Code of the City of Riverside, Title IL Public Health, Safety and Welfare, "Chapter 225: Solid Waste And Litter," "Article II. Litter," is hereby amended by the modification of certain Sections thereof, and "Chapter 225: Solid Waste And Litter," "Article 11. Litter," shall hereafter read, in its entirety, as follows: ARTICLE II. LITTER SECTION 225.090 PURPOSE The purpose of this Article is to protect the health, safety, welfare and prevent depreciation of adjoining or general properties of those persons who live and work in the City of Riverside by prohibiting both accumulations of litter and those deposits of litter which are, or are likely to become, accumulations of litter endangering the public health, safety and welfare, in that such accumulations and deposits of litter attract and harbor rodents, vermin and disease germs and contain carcinogens and other matter with deleterious effects upon the public health, safety and welfare. The provisions of Section 225.170 shall be enforced, and violations thereof shall be addressed, pursuant to Chapter 227 of this Code. SECTION 225.100 DEFINITIONS For the purposes of this Article the following teems, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. AUTHORIZED PRIVATE RECEPTACLE: A litter storage and collection receptacle as required and authorized by Section 225.030 of this Chapter. CITY: The Cily of Riverside, Missouri. INTERESTED PERSON: Any owner, lessee, occupant, mortgagee, agent or any other person having a present legal interest in private property as shown by the land records of Platte County, Missouri. LITTER: All wastes, both combustible and non-combustible, whether solid or liquid, including, but not limited to garbage, rubbish, refuse, trash, animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, ashes, cinders, dead animals, abandoned automobiles, solid market and industrial wastes, paper, wrappings, cardboard, metal cans, bottles, wood, glass, bedding, and any other matter which, if thrown, deposited, dumped or caused or allowed to accumulate as herein prohibited including demolition fill creates or is likely to create a danger to the public health, safety, welfare, or depreciation of adjoining property. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. PRIVATE PROPERTY: Any property not owned by the City or any State or Federal governmental entity and shall include any yard, lot or grounds whether improved or unimproved and whether 2 vacant or occupied, together with any walk, driveway, parking lot, porch, steps or vestibule belonging or appurtenant to such yard, lot or grounds. SECTION 225.110 DEPOSIT OF LITTER ON PRIVATE PROPERTY No person shall throw or deposit or dump any litter on any private property within the City, whether owned by such person or not, except that an interested person in possession or control of private property may maintain authorized private receptacles for collection of litter in such manner that litter will be prevented from being carried or deposited upon any public or private property. Any violation of this prohibition shall be considered a nuisance, and such prohibition shall be enforced, and violation thereof shall be addressed, pursuant to Chapter 227 of this Code. SECTION 225.120 ACCUMULATION OF LITTER ON PRIVATE PROPERTY No interested person in possession or control of private property in this City shall cause or allow the accumulation of any litter on such private property except in authorized private receptacles in the manner provided for in Section 225.1 10 of this Article. Any violation of this prohibition shall be considered a nuisance, and such prohibition shall be enforced, and violation thereof shall be addressed, pursuant to Chapter 227 of this Code. SECTION 225.130 DUTIES OF THE CODES ENFORCEMENT OFFICER The Codes Enforcement Officer may: Inspect or cause to be inspected any private property about which complaints are filed by any person to the effect that such private property is or may be existing in violation of this Article. 2. Notify in writing the owner or lessee persons of any private property found by him/her to contain accumulations of litter in violation of this Article pursuant to that provided in Chapter 227 of this Code. 3. Implement the enforcement procedures provided in Chapter 227 of this Code. SECTION 225.140 APPEAL AUTHORIZED Any interested person ordered to remove an accumulation of litter under the provisions of Section 225.130(3) and in accordance with Chapter 227 of this Code may appeal a final determination to the Circuit Court as provided for in Chapter 536, RSMo. SECTION 225.150 EMERGENCY CASES In cases where it reasonably appears that there is immediate danger to the life, health or safety of any person unless an accumulation of litter is immediately removed, the Codes Enforcement Officer shall, upon finding that such immediate danger exists, cause the immediate removal of such accumulation. The costs of such emergency removal shall be collected in the same manner as provided for in Section 225.130. 3 SECTION 225.160 PENALTIES Any person who violates Section 225.1 10 of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or imprisoned for not more than six (6) mouths, or both. Each instance of throwing, depositing or dumping litter shall constitute a separate offense and shall be punishable as such hereunder. In addition, such violation shall be subject to the provisions of Chapter 227 of this Code. SECTION 225.170 ADMINISTRATIVE LIABILITY No officer, agent or employee of the City of Riverside shall render himself/herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this Article. Any suit brought against any such officer, agent, or employee as a result of any such act shall be defended by an attorney hired by the City of Riverside until the final determination of the proceedings therein. 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 competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 4. This ordinance shall take effect immediately. Passed this day of ~ ~~CZ/ ~ , 2002. ,~7~~ ,fS~c % c_,~~ Betty Burch, ayor ATTE T: '~~ C TY CLERK 4