CHAPTER 215:  NUISANCES


Editor's Note─Ord. no. KK754, adopted May 23, 2002, repealed ch. 215 "Junk and Disabled
Vehicles─Abandoned Vehicles" and enacted the new provisions set out herein.  Former ch. 215 derived from
ord. no. KK392 §§1─10, 8-14-89; ord. no. KK564 §§1─2, 6-19-95; ord. no. KK580 §1, 3-18-96; ord. no. KK651
§1, 4-19-99; ord. no. KK652 §1, 4-19-99; ord. no. KK706, 10-16-00; ord. no. KK713, 12-18-00.


SECTION 215.010:        PROHIBITED GENERALLY

No person shall cause, maintain or permit, on premises owned or controlled by such person, a nuisance as
defined by the laws of the State of Missouri, this Chapter or any other ordinance of the City of Lawson,
Missouri.  (Ord. No. KK754 §1, 5-23-02)


SECTION 215.020:        DEFINITIONS

Unless the context specifically indicates otherwise, the following terms, as used in this Chapter, are defined
as follows:

CITY:  The City of Lawson, Missouri.

DEVELOPED AREA:  Any platted lot currently build upon, whether occupied or unoccupied, or any vacant lot or
tract directly adjacent to a platted lot currently built upon, occupied or unoccupied.  

NOXIOUS ODORS:  An offensive, disagreeable, hazardous, noxious or toxic odor, dust vapor, smoke, fumes,
mist or condition.  

NOXIOUS PLANTS:  Any plant capable of poisoning, including but not limited to, poison ivy at any height or
state of maturity.  

OCCUPANT:  Any person who has a legal or equitable interest in a parcel of real property other than a fee
interest, including a life tenant, tenant, lessee, tenant at will, tenant at sufferance or adverse possessor, as
well as a person in possession or a person who has charge, care or control of the parcel of real property as
the agent or personal representative of the person holding legal title to a fee interest.  

OWNER:  Any person who alone, jointly or severally with others shall have legal title to a fee interest in the
parcel of real property with or without accompanying actual possession thereof.  The land records filed in the
office of the Recorder of Deeds of Clay and Ray Counties, Missouri, and any other official record of such
County or of the City may be used to determine the identity of such owners, as hereinabove defined, as of the
date of the notice of the violation.  

PERSON:  Includes any individual, firm, corporation, association, partnership, cooperative or governmental
agency.

PREMISES:  Any public or private property, vacant or occupied lot, plot, parcel of land, street, sidewalk, alley,
boulevard, highway, right-of-way, park, parkway, public square or viaduct, including the structures or buildings
thereon.  

REFUSE:  Unwanted or discarded waste materials in a solid or semi-solid state consisting of garbage,
rubbish or a combination thereof.  

THICKETS:  A dense growth of wild shrubbery having stems or trunks less than one (1) inch in diameter and
briar patches.  

UNDEVELOPED AREA:  Any property in any zoning district which is currently vacant or is zoned or used for
agriculture purposes which is more than one hundred fifty (150) feet distant from any occupied residential
subdivisions, lot or parcel of land.  

§ 215.020                                                                Lawson City Code                                                                        §
215.030

VEHICLE:  Every device or implement including vehicles, recreational vehicles, travel trailers, boats, boat
trailers, trailers, motorcycles, buses in, upon or by which person or property may be transported, moved or
carried, whether self-propelled, pushed or drawn by any mode of power whatever, except devices moved
exclusively by human power or moving exclusively upon fixed rail or tracks.  

WEEDS:  All vegetation capable of emitting unpleasant or noxious odors or transmitting pollen into the air.  
Any vegetation in excess of six (6) inches in a developed area or twelve (12) inches in an undeveloped area.  
All vegetation, regardless of height, including thickets, which may conceal or invite filthy deposits, harbor
rodents, refuse or vermin, or create a fire hazard.  Vegetation which shall be planted, cultivated and
maintained for the production of grain, forage, commercial products shall not be considered weeds.  (Ord. No.
KK754 §1, 5-23-02)


SECTION 215.030:        NUISANCES GENERALLY

The following are hereby declared to be a nuisance, provided that such listing shall not be deemed to be
exclusive:  


.1.        Establishments or structures which emit noxious odors.

.2.        Substances emitting noxious odors, including but not limited to any stable, stall, shed, compartment in
any yard or appurtenance thereof in which any horse, cattle, cows, swine, dogs, rabbits or any other animal,
chickens or any other fowl shall be kept or any place in which manure or liquid discharges of such animals
shall collect or accumulate, and which stable, stall, shed or compartment, or any yard or appurtenance
thereof, is not kept in a clean and wholesome condition so that an offensive smell shall be allowed to escape
therefrom.  Nothing in this Chapter shall be so construed as to include manure deposits upon any private
property for the purpose of cultivating the same.  

.3.        Carcasses of animals remaining exposed six (6) hours after death.  

.4.        Abandoned, discarded or unused objects or equipment such as:  vehicles, furniture, stoves,
refrigerators, freezers, toilets, water heaters, air conditioners, sinks, all ashes, cinders, slops, filth, excrement,
boards, lumber scraps, sawdust, wood or metal shavings, rubber, old tires, plastic containers, bags,
wrappers, stones, rocks, sand, oil, coal, gasoline, paint, dirt, dust, straw, soot, sticks, boxes, barrels, buckets,
kegs, crates, cans, bottles, cartons, paper, trash, leavings, rubbish ("rubbish" shall mean solid waste
consisting of combustible and non-combustible waste materials from residential apartments, commercial,
industrial, institutional establishments, including yard waste and items commonly referred to as "trash"),
manure broken ware, iron or metal, rags, old wearing apparel, sweepings, refuse, debris, vehicle parts,
broken concrete, slag, garbage, offal, putrid fish, meat entrails, decayed fruits or vegetables, waste water,
animal or vegetable products or matter, broken glass, bones, tacks, nails, wire, grass, dead limbs, leaves,
brush, logs, weeds, foliage or shrub cuttings or clippings or any other offensive or disagreeable substance or
thing throw, cast, dropped, blown, spilled, poured, discharged or swept, left or deposited by anyone in or upon
any premises.  

.5.        Malfunctioning private sewage disposal systems, which allow polluted, raw or partially treated waste
water or effluent to be deposited or stand upon any premises.  When any private sewage disposal system
has been determined to be malfunctioning in such condition as to emit any offensive, noxious or
disagreeable odor, the owner of the subject premises will be ordered to repair or make connection to the
public sewer, if available.  "Private sewer disposal system" shall mean any arrangement of devices and
structures used for receiving, transporting, treating and disposing of sewage, including private and
community sewer lines.

.6.        Unlicensed, inoperable, junked, etc., vehicles.

.6.a.        Any vehicle, recreational vehicle, travel trailer, boat, boat trailer, trailer, motorcycle or bus which is not
licensed for the current year as required by law and is not visibly displaying current license plates on the
vehicle, recreational vehicle, travel trailer, boat, boat trailer, trailer, motorcycle or bus which remains on private
property.  

.6.b.        Any inoperable, partially dismantled, junked, wrecked discarded motor vehicle or major parts of such
vehicle; any vehicle under repair or not then in such condition of maintenance to be operated

§ 215.030                                                                Nuisances                                                                        § 215.040

in a normal and safe manner.  

Except, that this Section shall not apply to any vehicle in an enclosed building or so located upon the property
as not to be readily visible from any public place or from any surrounding private property or with regard to a
vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City or
any other public agency or entity or in a zoned district permitting such use as long as the business is a legally
licensed, properly zoned, and has adequate parking as specified in the zoning ordinance of the City of
Lawson or any legally licensed business in the proper zoned area that may use a vehicle for on-premise use
for the operation of such legally licensed business.  

.7.        Storage of old, unused, etc., vehicles and machinery.  The outside storage through the use of a
tarpaulin or other non-structural covering of old, unused, stripped, junked or other vehicles not in good and
safe operating condition or not currently licensed or of any other vehicles, machinery, implements and/or
equipment or personal property of any kind which are no longer safely usable for the purposes for which it
was manufactured.  

.8.        A live or dead tree which constitutes a hazard to the safety of persons or of property, private or public.

.9.        Building material abandoned or stored in an area where construction is not in progress and in an area
not properly zoned for such storage; however, such storage shall be permitted in an area where construction
is in progress and a valid building permit issued by the City is in effect.  Such permitted storage shall not
extend more than thirty (30) days beyond the expiration of the building permit or completion of construction,
whichever first occurs.  Usable building materials for use on the premises may be temporarily stored in the
open.  They shall be placed at least eighteen (18) inches off the ground and stacked neatly.  

.10.        Weeds or noxious plants allowed to stand any season of the year.  

.11.        Any building or structure or portion thereof which is open to unauthorized or unlawful entry.  

.12.        All articles, acts or things whatsoever caused, kept, maintained or permitted by any person to the
injury, inconvenience or annoyance of the public.  

.13.        All pursuits followed or engaged in or acts done by any person to the injury, annoyance or
inconvenience of the public.  

.14.        Swimming pool discharge.  The discharge of water from swimming pools or swimming pool
backwashed into adjoining property.  Such discharge shall be directed and channeled into the public storm
sewer system.  (Ord. No. KK754 §1, 5-23-02; Ord. No. KK771, 8-19-02)


SECTION 215.040:        NOTICE TO ABATE NUISANCES GENERALLY─FAILURE TO COMPLY

A.        Whenever the Chief of Police or his duly authorized representative determines that any vehicle or junk is
a nuisance as defined herein, he shall cause written notice to be served upon the owner of the vehicle or junk,
if he can be located, or the person in custody of such vehicle or junk, by registered or certified mail or by
personal service.  The notice shall state that the vehicle or junk is deemed to be a nuisance within the
provisions of Section 215.020 and shall briefly state facts deemed to constitute such vehicle or junk a
nuisance within the terms of this Chapter and state that the nuisance shall be abated within seven (7) days
from receipt of this notice.  

B.        Any repeated or future violations of Chapter 215 will not require a seven (7) day abatement notice.  
Enforcement of violations of Chapter 215 will be at the discretion of the Chief of Police or duly authorized
representative.  

C.        No person notified as provided in this Section shall fail, neglect or refuse to comply with the
requirements of such notice within the time specified in such notice.  For everyday thereafter that such person
shall fail, neglect or refuse to comply with such notice and for every day thereafter that such person shall fail,
neglect or refuse to abate or remove such nuisance, he/she shall be deemed guilty of a separate offense and
shall be provided against as in the first (1st) instance.  (Ord. No. KK754 §1, 5-23-02)

§ 215.050                                                                Lawson City Code                                                                        §
215.070

SECTION 215.050:        RIGHT OF ENTRY FOR PURPOSES OF ABATEMENT

The Chief of Police, City employees or parties with whom the City contracts for the purpose of abatement may
enter the premises upon which any nuisance is situated for the purpose of abating same, with the consent of
the owner, lessee or person in control of such property, without being guilty of trespass.  (Ord. No. KK754 §1,
5-23-02)


SECTION 215.060:        COST OF ABATEMENT─SPECIAL ASSESSMENT, ETC.


A.        Upon causing abatement of any such nuisance as defined herein, the Chief of Police shall determine
the cost of such abatement and shall certify statement of such costs, describing the real property.  Upon
receipt of such certification, the City Collector shall immediately enter such costs as a special assessment
against such property in appropriate books kept for that purpose and shall cause a copy of such statement to
be sent to the owners of such property by regular United States mail and the original thereof to be retained in
the office of the City Collector, appropriately filed and such lien may be enforced by any method appropriate for
the enforcement of special assessments generally.  The City shall also recover its attorney fees.  

B.        Nuisance Abatement Fee Schedule.

B.1.        Mowing of property.

B.1.a.        Administrative fees.  There will be a twenty dollar ($20.00) administrative fee for any paperwork filed
with the City Collector.  

B.1.b.        Minimum fees.  A minimum fee of one hundred fifty dollars ($150.00) shall be assessed to any
property owner for the abatement of garbage, trash and filth of any nature.  

B.1.c.        Minimum time allotted.  Each additional hour shall be assessed at twenty-five dollars ($25.00) per
hour after the first (1st) hour.  A fee of fifteen dollars ($15.00) shall be assessed for additional manpower.

B.1.d.        Contract labor.  The actual cost of abatement as charged by contract labor.  

B.2.        Removal of garbage, trash and filth.

B.2.a.        Administrative fees.  There will be a twenty dollar ($20.00) administrative fee for any paperwork filed
with the City Collector.

B.2.b.        Minimum fees.  A minimum fee of one hundred fifty dollars ($150.00) shall be assessed to any
property owner for the abatement of garbage, trash and filth of any nature.  

B.2.c.        Minimum time allotted.  Each additional hour shall be assessed at twenty-five dollars ($25.00) per
hour after the first (1st) hour.  A fee of fifteen dollars ($15.00) shall be assessed for additional manpower.  

B.2.d.        Contract labor.  The actual cost of abatement as charged by contract labor.  

B.3.        These fees are a special assessment upon such real property and are retained in the office of the
City Collector as a lien upon the property.  (Ord. No. KK754 §1, 5-23-02)


SECTION 215.070:        PENALTY

Any person convicted of violating any provisions of this Chapter shall be deemed guilty of a misdemeanor and
punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or
by imprisonment of not more than thirty (30) days, or by both such fine and imprisonment.  Each day of
violation shall be deemed a separate offense.  (Ord. No. KK754 §1, 5-23-02)
Lawson Police Department,
City Ordinances, Title Two
Chapter 215