Chapter 215: NUISANCES

Cross References — As to dangerous buildings as a nuisance, see ch. 505; as to prostitution houses deemed a nuisance, see §210.470.

ARTICLE I: Generally

Section 215.005.  Chapter Is Supplemental to Other Provisions of This Code Relating to Nuisances. [CC 1984 §74.020]

Various nuisances are defined and prohibited in other Chapters of this Code, and it is the intent of the Board of Aldermen in enacting this Chapter to make it supplemental to those other Chapters in which nuisances are defined and prohibited; and the provisions of this Chapter relating to the abatement of nuisances shall be regarded as alternative methods and procedures for the abatement of nuisances in those instances where other methods and procedures for abatement are provided. 

Section 215.010.  Nuisances Affecting Health. [CC 1984 §§74.030, 74.100 — 74.110, 74.150; Ord. No. 831 §§1 — 5, 10-22-2002] 

1.       All decayed or unwholesome food offered for sale to the public, or offered to the public at no charge. 
2.       All diseased animals running at large. 
3.       All ponds or pools of stagnant water. 
4.       Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death. 
5.       Accumulations, wheresoever they may occur, of manure, rubbish, garbage, refuse and human and industrial, noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes. 
6.       Privy vaults or garbage cans which are not fly-tight, that is, privy vaults or garbage cans which do not prevent the entry of flies, insects and rodents. 
7.       The pollution of any well, cistern, spring, underground water stream, lake, canal, or body of water by sewage or industrial wastes, or other substances harmful to human beings. 
8.       Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities, or the presence of any gas, vapor, fume, smoke, dust or any other toxic substance on, in or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant, or to any other person. 
9.       Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use. 
10.     Any vehicle used for septic tank cleaning which does not meet the requirements of this Chapter of the Code of Ordinances of the City of La Plata. 
11.     Any vehicle used for garbage or rubbish disposal which is not equipped with a watertight metal body and provided with a tight metal cover or covers and so constructed as to prevent any of the contents from leaking, spilling, falling or blowing out of such vehicle at any time, except while being loaded or not completely secured and covered so as to prevent offensive odors from escaping therefrom or exposing any part of the contents at any time. 
12.     Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae. 
13.     The keeping of animals and fowls in any area within the City not zoned for agricultural uses except pet cats and dogs, animals in public or licensed zoos, and farm animals in laboratories. 
14.     Unlicensed dumps, and licensed dumps not operated or maintained in compliance with the ordinances of the City of La Plata and the Statutes of the State of Missouri. 
15.     No person shall discharge or cause to be discharged into a stormwater system any waste materials, liquids, vapor, fat, gasoline, benzene, naphtha, oil or petroleum product, mud, straw, lawn clippings, tree limbs or branches, metal or plastic objects, rags, garbage or any other substance which is capable of causing an obstruction to the flow of the storm system or interfere with the proper operation of the system, or which will pollute the natural creeks or waterways. 
16.     All other acts, practices, conduct, business, occupation callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of the City of La Plata. 
17.     An act done or committed or aided or assisted to be done or committed by any person, or any substance, being or thing kept, maintained, placed or found in or upon public or private place, which is injurious or dangerous to the public health or safety. 
18.     All buildings, bridges or other structures of whatever character kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public. 
19.     All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public. 
20.     All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public, and all stones, rubbish, dirt, filth, slops, vegetable matter or other article thrown or placed by any person on or in any street, sidewalk or other public place, which in any way may cause any injury or annoyance to the public. 
21.     All sidewalks, gutters or curbstones permitted to remain in an unsafe condition, or out of repair. 
22.     All stables, cattle yards, hog, sheep or cow pens or yards for poultry, permitted by the owner thereof or the person responsible therefor to be in such a condition as to become offensive, annoying or injurious to the public. 
23.     All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to permit issued by competent authority. 
24.     The nuisances described in this Section shall not be construed as exclusive, and any act of commission or omission and any condition which constitutes a nuisance by Statute or common law of the State is, when committed, omitted or existing within the City, hereby declared to constitute a nuisance.   
    

1.       It shall investigate the same. The Board may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board shall have at least ten (10) days' notice thereof. 

2.       Such notice shall be signed by the Police Department and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his/her residence with some member of the family or household over fifteen (15) years of age, or upon any corporation by delivering the copy thereof to the President or to any other officer at any business office of the corporation within the City. If the notice cannot be given for the reason that the person named in the notice or his/her agent cannot be found in the City, of which fact the return upon such notice of the officer serving the same shall be conclusive evidence, such notice shall be published in a daily newspaper for three (3) consecutive days, if a daily, or once if a weekly paper, giving at least ten (10) days' notice from the final publication date of the time fixed for the parties to appear before the Board of Aldermen. 
3.       If after hearing all the evidence, the Board of Aldermen may determine that a nuisance exists, it may direct the Police Department to order the person to abate the nuisance within twenty (20) days or within such other time as the Board may deem reasonable. Such order shall be served in the manner provided in this Section for service of the order to show cause. The order may further provide that the appropriate City Official be directed to abate the nuisance if the order is not obeyed within the time period set by the Board, and that a special tax bill be issued for the cost of abating the nuisance. 
4.       If the order has not been obeyed within the time period set by the Board, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order of the Board, and the cost of same, if ordered by the Board, may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered, the City Clerk shall cause a special tax bill therefor against the owner thereof when known, and if not known then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done. 
5.       The bills for the above work shall be recorded and shall be collected and paid as provided for the collection of other special tax bills for the repairing of sidewalks or grading or paving of streets and shall be a lien on the property. 
6.       The cost of abating nuisances on private property shall be levied and assessed on each lot in proportion to the amount of work done and material used in abating the nuisance located on each such lot.   

Section 215.015.  Septic Tanks, Privies, Etc. [CC 1984 §74.040] 

Section 215.020.  Animal Waste Prohibited on Public and Private Property — Exception.

Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes, including but not limited to streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person. 

Section 215.025.  Storage of Anhydrous Ammonia for Purpose of Wholesale. [CC 1984 §74.050]

The storage of anhydrous ammonia in bulk tanks, portable or stationary, for the purpose of wholesale thereof within the City is hereby declared to be a threat to the safety of the inhabitants of the City and constitutes a public nuisance, and it shall be unlawful for any person to keep or store anhydrous ammonia in bulk for the purposes of making wholesale deliveries or sales thereof within the City. 

Section 215.027.  Conviction of Violator Authorizes City to Abate Nuisance Constituting Such Violation — Expense of Abatement to Be Taxed as Part of Costs of Case. [1] [CC 1984 §74.060; Ord. No. 850 §§1 — 3, 5-13-2003]

If, upon conviction of any person for causing, harboring, committing or maintaining a nuisance as defined by the Statute or common law of this State or as defined by this Chapter or elsewhere in this Code or other ordinance of the City, or for suffering any such nuisance to be caused, harbored, committed or maintained, it shall appear that the nuisance complained of continues to exist, the Municipal Judge, shall, in addition to any penalty imposed, make an order directing the Chief of Police to abate the nuisance forthwith, and report the expense thereof to the Municipal Judge, who shall make the same a part of the judgment in addition to any penalty imposed, the same to be collected as other fines and penalties, or by special tax bill as provided in Section 71.780 of the Revised Statutes of Missouri.  

ARTICLE II

Damaged or Disabled Vehicles

Section 215.030.  Damaged or Disabled Vehicles. [Ord. No. 817 §§1 — 2, 6-11-2002; Ord. No. 15-05 § 1, 5-12-2015] 

DAMAGED OR DISABLED VEHICLE — Any vehicle which is not registered or is improperly registered with any state or which does not have a current motor vehicle inspection sticker or 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, copartnership, corporation, or other organization of any kind.  

PROPERTY — Any land owned by the City or located within the City limits, not including streets 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 of wheels, treads, runners, or slides, including but not limited to automobiles, trucks, trailers, motorcycles, tractors, buggies and wagons, or any part thereof.  

ARTICLE III

Weeds, High Grass or Other Vegetation

Section 215.040.  Weeds, High Grass or Other Vegetation. [CC 1984 §§65.010, 65.020, 65.030] 

1.       All persons owning or occupying any lot or tract of land in the City shall keep the weeds, high grass, and other vegetation growing on such property cut and removed. Whenever such weeds, high grass or other vegetation shall attain the height of twelve (12) inches, it shall be deemed a public nuisance. 
2.       It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee, or occupant having control of any occupied lot or land or any part thereof in the City, to cause any accumulation of dead weeds, grass or brush, and it shall also be unlawful for any person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plant, or plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed shall extend upon, overhang or border any public place or allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place, and the growth of such weeds, grass and poisonous or harmful vegetation of a height of more than twelve (12) inches be and hereby is declared to be a nuisance.   

1.       Duty of owner, lessee or occupant. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Subsection (A). 
2.       Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable.   

Section 215.050.  Weeds Between Sidewalk and Curb or Street. [CC 1984 §65.050]

As required by Section 215.040(A)(2) of this Code, it is the duty of each owner, lessee or occupant to remove weeds between the sidewalk or property line of his/her land and any street. 

Section 215.060.  Penalty. [CC 1984 §65.040] 

1.       Each person convicted of a violation of this Section shall be penalized as provided in Section 100.220 of this Code. 
2.       As provided in Section 100.220 of this Code, each day on which a violation of this Article continues shall constitute a separate offense.      

ARTICLE IV

Miscellaneous Provisions

Section 215.070.  Trimming of Trees — When. [CC 1984 §§76.830 — 76.831] 

Chapter 220: HUMAN RIGHTS

ARTICLE I: Discriminatory Practices

Section 220.010.  Unlawful Housing Practices. 

1.       To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, to deny or otherwise make unavailable, a dwelling to any person because of race, color, religion, national origin, ancestry, sex, disability, or familial status. 
2.       To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, national origin, ancestry, sex, disability, or familial status. 
3.       To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, national origin, ancestry, sex, disability, or familial status, or an intention to make any such preference, limitation, or discrimination. 
4.       To represent to any person because of race, color, religion, national origin, ancestry, sex, disability, or familial status that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. 
5.       To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, ancestry, sex, disability, or familial status. 
6.       To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of: 

7.       To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of: 

1.       A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. 
2.       A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. 
3.       In connection with the design and construction of covered multi-family dwellings for first (1st) occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that: 

1.       Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators; and 
2.       Ground floor units in other buildings consisting of four (4) or more units.   

Section 220.020.  Discrimination in Commercial Real Estate Loans.

It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance because of race, color, religion, national origin, ancestry, sex, disability or familial status to a person applying therefor for the purpose of purchasing, construction, improving, repairing, or maintaining a dwelling, or to discriminate against him/her in fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, national origin, ancestry, sex, disability, or familial status of such person or of any person associated with him/her in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants, of the dwellings in relation to which such loan or other financial assistance is to be made or given. 

Section 220.030.  Discrimination in Selling or Renting by Real Estate Agencies Prohibited.

It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service organization, or facility relating to the business of selling or renting dwellings, on account of race, color, religion, national origin, ancestry, sex, disability, or familial status. 

Section 220.040.  Discrimination in Public Accommodations Prohibited, Exceptions. 

Section 220.050.  Additional Unlawful Discriminatory Practices. 

1.       To aid, abet, incite, compel, or coerce the commission of acts prohibited under this Chapter or to attempt to do so; 
2.       To retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this Chapter or because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this Chapter; 
3.       For the City to discriminate on the basis of race, color, religion, national origin, sex, ancestry, age, as it relates to employment, disability, or familial status as it relates to housing; or 
4.       To discriminate in any manner against any other person because of such person's association with any person protected by this Chapter.     

Section 220.060.  Exemptions. 

1.       Require the Commission to review or approve the plans, designs or construction of all covered dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of Subsection (B)(3) of Section 220.010. 
2.       To invalidate or limit any law of the State or of the City, that requires dwellings to be designed and constructed in a manner that affords persons with disabilities greater access than is required by this Chapter.   

1.       Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. 
2.       Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision of said Sections regarding familial status apply with respect to housing for older persons. 
3.       Shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined by Section 195.010, RSMo.   

1.       The sale or rental of any single-family house by a private individual owner, provided the following conditions are met: 

2.       Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his/her residence.