CHAPTER 220: NUISANCES
Cross References─As to dangerous buildings as a nuisance, see ch. 505; as to
prostitution houses deemed a nuisance, see §215.470.
ARTICLE I. GENERALLY
Section 220.010. Nuisances Affecting Health. [CC 1979 §74.010 (3 — 7, 11 — 13); Ord. No. 223 §4, 3-10-1997]
- The following are declared to be nuisances affecting health:
- All decayed or unwholesome food offered for sale to the public, or offered to the public at no charge.
- All diseased animals running at large.
- All ponds or pools of stagnant water.
- Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
- 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.
- 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.
- 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.
- 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.
- Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
- 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 Stockton.
- 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.
- Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
- Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Stockton and the Statutes of the State of Missouri.
- 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.
- 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 Stockton.
- All pavements, sidewalks, curbstones, awnings or awning posts permitted to be out of repair.
- All business or professional signs so hung or placed so as to interfere in any manner with the pedestrians upon any sidewalk, or hung or suspended over any sidewalk at such height or in any such manner that they may come in contact with the person or apparel of any pedestrian passing along such sidewalk.
- All goods, boxes, barrels or other articles, commodities or materials permitted to remain on the sidewalk or in any gutter.
- All cattle, sheep or hog pens in a condition that offensive odors or smells arise therefrom to the injury or annoyance of the public or any inhabitant of the neighborhood.
- Any wood, coal, barrels, boxes, crates or other articles or materials whatsoever deposited or permitted to remain on any street, sidewalk or alley, provided however, that this clause shall not be so construed as to prohibit persons from receiving or discharging such articles in the ordinary course of business, unless such articles are permitted to remain longer than six (6) hours upon such street, sidewalk or alley; nor shall it apply to the necessary use of the streets, sidewalks or alleys in the erection, repairing or moving of buildings.
- All shade or ornamental trees upon or in front of or adjoining any property, the limbs or branches of which hang so as to interfere with pedestrians passing along the street.
- No building or premises in any part of the City shall be used for any trade, industry or purpose that is noxious or offensive by reason of emission of odor, smoke, gas, fumes or noise or that is detrimental to the public health, safety or welfare.
- Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. It is 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 of Stockton, or within one-half (½) mile of the corporate limits of the City of Stockton, Missouri, to cause, permit or maintain a nuisance on any such lot or land. Additionally, it is unlawful for any person or his/her agent, servant, representative or employee to cause or maintain a nuisance on the land or property of another with or without permission.
- Each day that a nuisance shall be maintained is a separate offense.
- Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of the public due to the existence of a nuisance, the Mayor or his/her designate shall have the authority to order the Chief of Police or Health Officer or other City Official to immediately abate the nuisance in an appropriate manner.
- Abatement — Procedure Generally. Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows, except as may be otherwise provided herein:
- 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.
- Such notice shall be signed by the Health Officer or Chief of Police 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.
- If after hearing all the evidence the Board of Aldermen may determine that a nuisance exists, it may direct the Health Officer or Chief of Police or other City Official 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 costs of abating the nuisance.
- 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.
- 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.
- 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 220.013. Malicious Prosecution. [CC 1979 §74.070]
If complaint be made by any other person than an officer authorized by this Chapter to make complaint of nuisances, and the person or persons complained of be acquitted or discharged, the person so making such complaint shall be liable for all costs in such proceeding or prosecution, and the same shall be taxed against such complainant or prosecutor and recovered by civil action in the name of the City, in any court of competent jurisdiction and such complainant or prosecutor shall, in the discretion of the court, give security for the payment of such costs, and in such cases the City shall not be liable for any costs.
Section 220.020. 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 220.021. Public Amusements. [CC 1979 §74.090]
Every place within the limits of the City of Stockton for public amusement shall have at least the following arrangements for the safety from fire of those attending therein: The seats shall be located in rows with spaces between them adequate for easy ingress and egress, and an aisle at least four (4) feet in width shall run centrally between the rows on the lowest floor, if more than one (1) floor from the commencement of the seats toward the place of performance, exhibition or speaking, as far as seats are located and if there be only one (1) floor, then between the rows on that floor and also an aisle at least three (3) feet in width shall be made to run along the outward ends of the said rows of seats, and also along or around the ends of all rows of seats wherever located, and all aisles shall be kept unobstructed toward places of egress; all seats shall be located in rows to which such aisles shall conform. All doors for egress shall open outwardly and there shall be as many doors for egress for those in attendance as can be made consistently with the proper strength of the building, and all scenery shall be made as secure against becoming inflamed as reasonably practicable and also all reasonably practicable arrangements shall be made for the constant supply of water or other means for the extinguishment of fires, and they shall be kept constantly effective during the presence of an audience. No more persons shall be admitted into any such place than there are seats therefor located as aforesaid.
ARTICLE II. ABANDONED PROPERTY
Section 220.030. Definitions.
As used in this Article, the following terms shall have the meanings set out herein:
ABANDONED PROPERTY — Any unattended motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel removed or subject to removal from public or private property as provided in this Article, whether or not operational. For any vehicle towed from the scene of an accident at the request of law enforcement and not retrieved by the vehicle's owner within five (5) days of the accident, the agency requesting the tow shall be required to write an abandoned property report or a criminal inquiry and inspection report.
PERSON — Any natural person, corporation or other legal entity.
RIGHT-OF-WAY — The entire width of land between the boundary lines of a public road or State highway, including any roadway.
ROADWAY — That portion of a public road or State highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.
TOWING COMPANY — Any person or entity which tows, removes or stores abandoned property.
URBANIZED AREA — An area with a population of fifty thousand (50,000) or more designated by the Bureau of the Census within boundaries to be fixed by the State Highways and Transportation Commission and local officials in cooperation with each other and approved by the Secretary of Transportation. The boundary of an urbanized area shall, at a minimum, encompass the entire urbanized area as designed by the Bureau of the Census.
Section 220.040. Abandoned Vehicles Prohibited.
No person shall abandon any motor vehicle on the right-of-way of any public road or State highway or on any private real property owned by another without his/her consent.
Section 220.050. Open Storage of Inoperable Vehicles or Public Safety Hazards Prohibited.
The open storage of inoperable vehicles or other vehicles deemed by the City to constitute a public safety hazard is prohibited. Nothing in this Section shall apply to a vehicle which is completely enclosed within a locked building or locked fenced area and not visible from adjacent public or private property, nor to any vehicle upon the property of a business licensed as salvage, swap, junk dealer, towing or storage facility so long as the business is operated in compliance with its business license and the property is in compliance with applicable zoning ordinances.
Section 220.060. Obstructing the Flow of Traffic Prohibited.
Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow of traffic on the roadway of any public road or State highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Any person who fails to comply with the requirements of this Section is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).
Section 220.070. Towing of Abandoned Property on Public Real Property.
- Any Law Enforcement Officer, or an official of the City where the City's real property is concerned, may authorize a towing company to remove to a place of safety:
- Any abandoned property on the right-of-way of:
- Any State highway or interstate highway or freeway in an urbanized area of the City left unattended for ten (10) hours;
- Any State highway or interstate highway or freeway outside of an urbanized area of the City left unattended for more than forty-eight (48) hours;
provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this Section to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice.
- Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal.
- Any abandoned property which has been abandoned under Section 220.040 herein or Section 577.080, RSMo.
- Any abandoned property which has been reported as stolen or taken without consent of the owner.
- Any abandoned property for which the person operating such property is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the property's timely removal.
- Any abandoned property which due to any other State law or City ordinance is subject to towing because of the owner's outstanding traffic or parking violations.
- Any abandoned property left unattended in violation of a State law or City ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard.
- When the City Police Department authorizes a tow pursuant to this Section in which the abandoned property is moved from the immediate vicinity, it shall complete a crime inquiry and inspection report.
- Any City agency other than the City Police Department authorizing a tow under this Section where property is towed away from the immediate vicinity shall report the tow to the City Police Department within two (2) hours of the tow, along with a crime inquiry and inspection report.
Section 220.080. Towing of Abandoned Property on Private Real Property.
- Generally. The City, including the City Police Department, may tow motor vehicles from real property which are deemed a public safety hazard pursuant to Section 220.050 or are derelict, junk, scrapped, disassembled or otherwise harmful to the public health. The City shall perform such tow pursuant to the terms of Section 220.090. When a City agency other than the Police Department authorizes a tow under this Subsection, it shall report the tow to the Police Department within two (2) hours with a crime inquiry and inspection report.
- Towing Authorized By City Police Department. If a person abandons property on any real property owned by another without the consent of the owner or person in possession of the real property, at the request of the person in possession of the real property, any City Police Officer may authorize a towing company to remove such abandoned property from the property in the following circumstances:
- The abandoned property is left unattended for more than forty-eight (48) hours; or
- In the judgment of a Police Officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession.
- Towing Authorized By Real Property Owner, Lessee Or Property Or Security Manager.
- The owner of real property or lessee in lawful possession of the real property or the property or security manager of the real property may authorize a towing company to remove abandoned property or property parked in a restricted or assigned area without authorization by a Law Enforcement Officer only when the owner, lessee or property or security manager of the real property is present. A property or security manager must be a full-time employee of a business entity. An authorization to tow pursuant to this Subsection may be made only under any of the following circumstances:
- Sign. There is displayed, in plain view at all entrances to the property, a sign not less than seventeen (17) by twenty-two (22) inches in size, with lettering not less than one (1) inch in height, prohibiting public parking and indicating that unauthorized abandoned property or property parked in a restricted or assigned area will be removed at the owner's expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained or a twenty-four (24) hour staffed emergency information telephone number by which the owner of the abandoned property or property parked in a restricted or assigned area may call to receive information regarding the location of such owner's property.
- Unattended on owner-occupied residential property. The abandoned property is left unattended on owner-occupied residential property with four (4) residential units or less and the owner, lessee or agent of the real property in lawful possession has notified the City Police Department, and ten (10) hours have elapsed since that notification.
- Unattended on other private real property. The abandoned property is left unattended on private real property and the owner, lessee or agent of the real property in lawful possession of real property has notified the City Police Department, and ninety-six (96) hours have elapsed since that notification.
- Pursuant to this Section, any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property without authorization from a City Police Officer shall at that time complete an abandoned property report which shall be considered a legal declaration subject to criminal penalty pursuant to Section 575.060, RSMo. The report shall be in the form designed, printed and distributed by the Missouri Director of Revenue and shall contain the following:
- The year, model, make and abandoned property identification number of the property, and the owner and any lienholders, if known;
- A description of any damage to the abandoned property noted by owner, lessee or property or security manager in possession of the real property;
- The license plate or registration number and the State of issuance, if available;
- The physical location of the property and the reason for requesting the property to be towed;
- The date the report is completed;
- The printed name, address and telephone number of the owner, lessee or property or security manager in possession of the real property;
- The towing company's name and address;
- The signature of the towing operator;
- The signature of the owner, lessee or property or security manager attesting to the facts that the property has been abandoned for the time required by this Section and that all statements on the report are true and correct to the best of the person's knowledge and belief and that the person is subject to the penalties for making false statements;
- Space for the name of the law enforcement agency notified of the abandoned property and for the signature of the Law Enforcement Official receiving the report; and
- Any additional information the Missouri Director of Revenue deems appropriate.
- Any towing company which tows abandoned property without authorization from the City Police Department pursuant to Subsection (B) of this Section shall deliver a copy of the abandoned property report to the City Police Department. The copy may be produced and sent by facsimile machine or other device which produces a near exact likeness of the print and signatures required, but only if the City Police Department has the technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two (2) hours if the tow was made from a signed location pursuant to Subsection (C)(1)(a) of this Section, otherwise the report shall be delivered within twenty-four (24) hours.
- The City Police Department, after receiving such abandoned property report, shall record the date on which the abandoned property report is filed with the Police Department and shall promptly make an inquiry into the National Crime Information Center (NCIC) and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen. The Police Department shall enter the information pertaining to the towed property into the statewide law enforcement computer system and a Police Officer shall sign the abandoned property report and provide the towing company with a signed copy.
- The City Police Department, after receiving notification that abandoned property has been towed by a towing company, shall search the records of the Missouri Department of Revenue and provide the towing company with the latest owner and lienholder information on the abandoned property. If the abandoned property is not claimed within ten (10) working days, the towing company shall send a copy of the abandoned property report signed by a Law Enforcement Officer to the Department of Revenue.
- No owner, lessee or property or security manager of real property shall knowingly authorize the removal of abandoned property in violation of this Section.
- Any owner of any private real property causing the removal of abandoned property from that real property shall state the grounds for the removal of the abandoned property if requested by the registered owner of that abandoned property. Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner or the property owner's agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:
- Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and
- The removal of property other than the property specified by the owner of the private real property from which the abandoned property was removed.
- Damage To Property. The owner of abandoned property removed from private real property may recover for any damage to the property resulting from any act of any person causing the removal of, or removing, the abandoned property.
- Real Property Owner Liability. Any owner of any private real property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of this Article.
- Written Authorization Required — Delegation Of Authority To Tow.
- Except for the removal of abandoned property authorized by the City Police Department pursuant to this Section, a towing company shall not remove or commence the removal of abandoned property from private real property without first obtaining written authorization from the real property owner. All written authorizations shall be maintained for at least one (1) year by the towing company.
- General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen (15) feet of a fire hydrant or in a fire lane designated by a Fire Department or the State Fire Marshal.
- Towing Company Liability. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection (F) of this Section, is liable to the owner of the property for four (4) times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of this Section.
Section 220.090. General Provisions and Procedures.
- Payment Of Charges. The owner of abandoned property removed as provided in this Article shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in Section 220.100.
- Crime Inquiry And Inspection Report. Upon the towing of any abandoned property pursuant to Section 220.070 or under authority of a Law Enforcement Officer or local governmental agency pursuant to Section 220.080, the City Police Department, where it authorized such towing or was properly notified by another governmental agency of such towing, shall promptly make an inquiry with the National Crime Information Center (NCIC) and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system.
- If the abandoned property is not claimed within ten (10) working days of the towing, the City Police Department shall submit a crime inquiry and inspection report to the Missouri Director of Revenue. The City Police Department shall also provide one (1) copy of the report to the storage facility and one (1) copy to the towing company. A towing company in possession of abandoned property after ten (10) working days shall report such fact to the City Police Department. The crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the following:
- The year, model, make and property identification number of the property and the owner and any lienholders, if known;
- A description of any damage to the property noted by the Law Enforcement Officer authorizing the tow;
- The license plate or registration number and the State of issuance, if available;
- The storage location of the towed property;
- The name, telephone number and address of the towing company;
- The date, place and reason for the towing of the abandoned property;
- The date of the inquiry of the National Crime Information Center, any statewide Missouri law enforcement computer system, and any other similar system which has titling and registration information to determine if the abandoned property had been stolen. This information shall be entered only by the City Police Department.
- The signature and printed name of the Law Enforcement Officer authorizing the tow and the towing operator; and
- Any additional information the Missouri Director of Revenue deems appropriate.
- Reclaiming Property. The owner of such abandoned property, or the holder of a valid security interest of record, may reclaim it from the towing company upon proof of ownership or valid security interest of record and payment of all reasonable charges for the towing and storage of the abandoned property.
- Lienholder Repossession. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel without the knowledge or cooperation of the owner, then the repossessor shall notify the City Police Department within two (2) hours of the repossession and shall further provide the Police Department with any additional information the Police Department deems appropriate. The City Police Department shall make an inquiry with the National Crime Information Center and the Missouri statewide law enforcement computer system and shall enter the repossessed vehicle into the statewide law enforcement computer system.
- Notice To Owner/Tow Lien Claim. Any towing company which comes into possession of abandoned property pursuant to this Article and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the Missouri Department of Revenue or of a corresponding agency in any other State. The towing company shall notify the owner and any lienholder within ten (10) business days of the date of mailing indicated on the notice sent by the Missouri Department of Revenue pursuant to Section 304.156, RSMo., by certified mail, return receipt requested. The notice shall contain the following:
- The name, address and telephone number of the storage facility;
- The date, reason and place from which the abandoned property was removed;
- A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;
- A statement that the storage firm claims a possessory lien for all such charges;
- A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;
- A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in this Section to contest the propriety of such towing or removal;
- A statement that if the abandoned property remains unclaimed for thirty (30) days from the date of mailing the notice, title to the abandoned property will be transferred to the person or firm in possession of the abandoned property free of all prior liens; and
- A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.
- Physical Search Of Property. In the event that the Missouri Department of Revenue notifies the towing company that the records of the Department of Revenue fail to disclose the name of the owner or any lienholder of record, the towing company shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company must certify that a physical search of the abandoned property disclosed no ownership documents were found and a good faith effort has been made. For purposes of this Section, "good faith effort" means that the following checks have been performed by the company to establish the prior State of registration and title:
- Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a State of possible registration and title;
- Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a law enforcement agency;
- Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and
- If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.
- Petition In Circuit Court. The owner of the abandoned property removed pursuant to this Article or any person claiming a lien, other than the towing company, within ten (10) days after the receipt of notification from the towing company pursuant to Subsection (E) of this Section may file a petition in the Associate Circuit Court in the County where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The Missouri Director of Revenue shall not be a party to such petition but a copy of the petition shall be served on the Director of Revenue.
- Notice To Owner. Notice as to the removal of any abandoned property pursuant to this Article shall be made in writing within five (5) working days to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and the place to which the property has been removed by either:
- The public agency authorizing the removal; or
- The towing company, where authorization was made by an owner or lessee of real property.
If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this Section shall include the amount of mileage if available shown on the abandoned property at the time of removal.
- Tow Truck Requirements. Any towing company which tows abandoned property for hire shall have the towing company's name, City and State clearly printed in letters at least three (3) inches in height on the sides of the truck, wrecker or other vehicle used in the towing.
- Storage Facilities. Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this Article shall accept cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property.
Section 220.100. Maximum Charges.
- A towing company may only assess reasonable storage charges for abandoned property towed without the consent of the owner. Reasonable storage charges shall not exceed the charges for vehicles which have been towed with the consent of the owner on a negotiated basis. Storage charges may be assessed only for the time in which the towing company complies with the procedural requirements of this Article.
- The Board of Aldermen may from time to time establish maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the City, and which are consistent with this Article and with Sections 304.155 to 304.158, RSMo. Any violation of said established maximum charges shall be deemed a violation of this Section of the Code and shall be punishable pursuant to Section 100.220.
- A towing company may impose a charge of not more than one-half (½) of the regular towing charge for the towing of abandoned property at the request of the owner of private real property or that owner's agent pursuant to this Article if the owner of the abandoned property or the owner's agent returns to the abandoned property before it is removed from the private real property. The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.
Section 220.110. Sale of Abandoned Property by City.
When the City has physical possession of the abandoned property, it may sell the abandoned property in accordance with its established provisions and regulations and may transfer ownership by means of a bill of sale signed by the City Clerk and sealed with the official City Seal. Such bill of sale shall contain the make and model of the abandoned property, the complete abandoned property identification number, and the odometer reading of the abandoned property if available and shall be lawful proof of ownership for any dealer registered under the provisions of Section 301.218, RSMo., or Section 301.560, RSMo., or for any other person.
ARTICLE III. TRASH, WEEDS, HIGH GRASS OR OTHER VEGETATION
Section 220.120. Trash, Weeds, High Grass or Other Vegetation Declared a Public Nuisance. [Ord. No. 355, 10-13-2005]
- The accumulation of trash or the growth of weeds, brush or other non-arboreal vegetation including, but not limited to, Russian, Canadian or common thistle, wild lettuce, wild mustard, wild parsley, ragweed, milkweed, ironweed, poisonous plants or shrubs or grass in excess of seven (7) inches in height on any lot or tract of land within the City is declared to be a public nuisance and is prohibited as detrimental to the health, safety and welfare of the public.
- Shade trees, ornamental shrubs, fruit trees, domesticated berry bushes and vines, cover crops, hay, row crops and domestic grains and plantings on tracts of land which have been in continuous use for agricultural purposes and undeveloped property shall be exempt from the provisions of this Section. "Undeveloped property" is defined as land which has not been developed for residential, commercial or industrial purposes and which retains a general woodland or agricultural character. Unoccupied lots within a platted subdivision are specifically considered to be developed property and are not exempt under this Subsection.
Section 220.130. Abatement — Notice, Hearing, Removal by City — Costs. [Ord. No. 355, 10-13-2005]
- Whenever trash is allowed to accumulate or weeds, brush or grass in excess of seven (7) inches in height is allowed to grow on any part of any lot or tract of land within the City, the City Superintendent or other City Official designated by the Mayor shall give a hearing after ten (10) days' notice thereof and the City Superintendent or other City Official designated by the Mayor may declare the trash or weeds to be a nuisance and order the same to be cut or removed within five (5) days.
- Notice of the hearing shall be given to the owner or owners, or the owner's agent, by delivering the notice personally, or by posting such notice on the premises, or by United States mail.
- If the weeds or trash are not removed with the five (5) days, the City Superintendent or other City Official designated by the Mayor shall have the weeds or trash removed and shall certify the costs of removal to the City Clerk who shall cause a special tax bill therefore against the property to be prepared and to be collected by the Collector. Such tax bills, if not paid when due, shall bear interest at the rate of eight percent (8%) per annum.
- If the City is required to abate the accumulation of trash or growth of weeds, the following costs shall be assessed:
- For each piece of mechanical equipment, together with its operator, per hour or fraction thereof — Seventy-five dollars ($75.00).
- For each additional employee, with non-mechanical equipment, per hour or fraction thereof — Twenty-five dollars ($25.00).
- An additional twenty percent (20%) for administrative and processing costs associated with such abatement.
- If the City retains the services of a private contractor, the actual costs billed to the City plus an additional twenty percent (20%) for administrative and processing costs associated with such abatement.
- The owner of the lot or tract of land, or in case of joint tenancy, tenancy by the entireties or tenancy in common, each owner thereof shall be liable for the cost to abate the accumulation of trash or growth of weeds.
Section 220.140. Accumulation of Trash or Growth of Weeds, High Grass, Etc., Prohibited — Penalty. [Ord. No. 355, 10-13-2005]
- It shall be unlawful for any person who is an owner, lessee or agent in control of any lot or tract of land, except owners, lessees or agent in control of tracts of land which have been in continuous use for agricultural purposes or of undeveloped property as defined in Section 220.120, to allow the accumulation of trash or the growth of weeds, brush or other non-arboreal vegetation or grass in a height greater than seven (7) inches on any lot or tract of land within the City.
- It shall be unlawful for any person to resist or obstruct the City Superintendent or an authorized City employee of the City abating the accumulation of trash or the growth of weeds, brush or grass in a height greater than seven (7) inches on any lot or tract of land within the City.
- Penalty. Violation of Subsections (A) or (B) of this Section 220.140 shall, upon conviction thereof, be guilty of a misdemeanor subject to the penalties as provided in Section 100.220 of the City Code.
Section 220.150. Open Storage of Certain Items Prohibited on Residential Premises. [Ord. No. 386, 5-14-2007]
- It shall be unlawful for the owner or occupant of any residential premises within the City to allow any of the following items to remain on such premises in any location outside the residence which can be viewed from a ground location off the premises:
- Appliances, bedding, bottles, boxes, broken glass, cans, cardboard (bundled or unbundled), cartons, furniture manufactured for indoor use only, jars, machine parts, motor vehicle parts, newspapers, magazines, periodicals, catalogs, books, pallets, paper (bundled or unbundled), plumbing fixtures, rags, non-attached carpets, scrap metal, tire rims, tires or lumber and building supply materials that are not neatly stacked, provided however, that neatly stacked lumber and building supply materials may be stored outside pursuant to an active building permit and the owner or contractor is actively working on the improvements, barring any delays beyond the control of the owner or contractor.
- For the purposes of this Section, storage of items listed in Subsection (A) on an open porch or in a carport, garage or other structure that is not completely enclosed, is considered the same as outside of the residence. Items stored in an enclosed porch, garage or other totally enclosed structure shall be considered as stored within a residence.
- The following definitions apply to this Section:
OCCUPANT — Any person eighteen (18) years of age or older who lives in a residence.
RESIDENCE — A structure designed for human habitation.
RESIDENTIAL PREMISES — A tract or parcel of land upon which a structure designed for human habitation is located, regardless of the current use of the structure.
- The maintaining, using, placing, depositing, leaving or permitting to be or remain on any residential premises of any of the items as prohibited above in Subsection (A) is hereby declared to be and constitute a nuisance. In addition to remedies provided for in Article I Sections 220.010 of the Municipal Code of the City of Stockton, Missouri, violations of this Section shall be a misdemeanor offense punishable under the general penalty provisions of Section 100.220. Each day of violation shall constitute a separate offense.
Section 220.160. Open Storage of Waste or Certain Other Items on Commercial Premises Prohibited/Regulated. [Ord. No. 408, 10-26-2009]
- Definitions. For purposes of this Section, the following words and phrases shall have the following meanings:
COMMERCIAL PREMISES — Any establishment or place of conducting a business, trade, profession or occupation.
ITEMS TAKEN IN TRADE — Used items, excluding farm equipment and motor vehicles, acquired, received or accepted by the resident or owner in the normal course of business regardless of whether the items are intended for resale, salvage or disposal.
RECYCLABLE MATERIALS — Products, including paper, cardboard, metal, glass or other substances, capable of being reprocessed into consumer materials and which have been discarded or placed for collection by their owner and not within a container supplied by a commercial disposal or recycling company, whether or not such products have monetary value.
RESIDENT or OWNER — Every person, including lessees, tenants or occupants, in possession, charge, custody or control of any premises where waste is created or accumulated.
SOLID WASTE — All solid material that is considered to be useless, unwanted or discarded by the — person then in possession thereof, including bulky items of solid waste that, due to their large size, are not or cannot be handled by a commercial solid waste collection service.
TRADE WASTE — Used material or by-products of a manufacturing process or trade in which the resident or owner is then engaged.
WHITE WASTE — Household appliances including, but not limited to, refrigerators, ranges, washers, dryers, etc.
WASTE — Includes items taken in trade, recyclable materials, solid waste, trade waste, white waste or any other items of solid material accumulated on commercial premises for the purpose of resale, salvage or disposal.
- Violation. It shall be unlawful for the resident or owner of any commercial premises located within the City, after notice of violation as herein provided, to allow any items taken in trade, recyclable materials, trade waste, white waste or other waste as herein defined to remain on such premises in any location which can be viewed along and from a publicly traveled street or alley adjoining the premises.
- Exceptions. For the purposes of this Section, storage of items listed in Subsection (B) within a fully enclosed building or structure or concealed behind a solid screen or fence at least six (6) feet in height and constructed in compliance with the building codes of the City shall not be a violation of this Section. Containers provided by a commercial disposal or recycling company need not be kept concealed behind a solid screen or fence so long as items are normally stored within the confines of the commercial container and adequate arrangements are in place for timely pickup of container material. Biodegradable agricultural by-products that are not normally capable of being reprocessed into consumer materials shall not be considered as a type of waste.
- Notice Of Violation. The City Superintendent or other City Official designated by the Mayor shall give written notice of a violation of this Section by delivering a copy to the resident or owner of the property. The notice shall give the resident or owner ten (10) days in which to correct the violation. If no resident or owner can be located, a copy of the notice of violation shall be posted on the premises and a copy mailed to the last known address of the record owner of the property.
- Nuisance. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any commercial premises of any of the items as herein prohibited is hereby declared to be and constitute a nuisance under Chapter 220 of the Municipal Code.
- Hearing Before The Board Of Aldermen. If the nuisance is not abated within ten (10) days of the giving of a notice of violation, the Board of Aldermen 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 be required to abate the nuisance. If the resident or owner fails to abate the nuisance as ordered by the Board, the City shall proceed to abate the nuisance as provided in Section 220.010 (D) of the Municipal Code.
- Proper Disposal Of Waste Material Required. All waste material shall be disposed of in compliance with all applicable State and Federal rules and regulations. Burning of waste material within the City is deemed a hazard and strictly prohibited, except where allowed by the Chief of the Fire Department under such safeguards as he/she may specify.
H. Municipal Offense, Penalty. In addition to remedies provided to the City for abatement of a nuisance as provided in Section 220.010 of the Municipal Code, a violation of Subsections (B) or (G) of this Section 220.160 shall be a misdemeanor offense punishable upon conviction under the general penalty provisions of Section 100.220. Each day of violation shall constitute a separate offense.