COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910754
Amending Chapter 25, Code of General Ordinances of Kansas
City, Missouri, commonly referred to as the Nuisance Code, by repealing Section
25.3 and adopting in lieu thereof one new section of like number and subject
matter which would exclude certain composting bins from the Nuisance Code.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 25, Code of General
Ordinances of Kansas City, Missouri, commonly referred to as the Nuisance Code,
is hereby amended by repealing Section 25.3 and enacting one new section to
read as follows:
Sec. 25.3. Enumeration of nuisances.
The following are hereby declared to constitute
.01. Substances emitting noxious odor, etc.
All substances which emit, generate or cause noxious or toxic odor, dust,
vapor, fume or mist in the neighborhood where they exist.
.02. Carcasses of animals. All carcasses of
animals remaining exposed twelve (12) hours after death.
.03. Establishments or structures emitting
noxious odors, etc. All establishments or structures which emit, generate or
cause hazardous, noxious or toxic dust, vapor, fume, mist, odor or condition.
.04. Waste water. All foul, dirty or polluted
water or liquid deposited or allowed to remain upon any premises. Exceptions
for noncommercial washing of private automobiles shall apply as described in
chapter 16, article III, "Littering", Code of General Ordinances.
.05. Litter, trash, refuse, rubbish on public
or private property. All ashes, cinders, slops, filth, excrement, boards,
sawdust, wood or metal shavings, rubber, old tires, discarded plastic
containers or wrappers, stones, rocks, sand, oil, coal, gasoline, paint, dirt,
dust, straw, soot, sticks, lumber scraps, boxes, barrels, kegs, crates, cans,
bottles, cartons, paper, trash, leavings, rubbish, manure, brush, logs, broken
ware, rags, iron or other metal, 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, dead animals, broken glass, bones, tacks, nails, wire, grass,
leaves, brush, weeds, foliage or shrub cuttings or clippings, or any other
unwanted or discarded substance or thing thrown, cast, dropped, blown, spilled,
poured, discharged, swept, left or deposited by anyone in or upon any premises,
except for grass, leaves, chipped brush, weeds, chipped foliage or shrub
cuttings or clippings, un-harvested vegetable waste grown on the premises in an
organized composting bin or bins, not greater than three (3) in number, or in
organized wind rows, not greater than One-hundred Fifty (150) square feet in
total area and less than 49 inches in height on residential premises less than
one acre in size, or One-hundred Fifty (150) square feet in total area and less
than 49 inches in height per acre on residential premises greater than one acre
in size. No height and area restrictions apply to composting bins or wind rows
on non-residential premises.
No composting bin or wind row shall be constructed
or maintained in such a manner or condition as to emit noxious odor, provide
bedding or shelter for rats or other pests, or be in violation of other
provisions of the Code.
.06. Malfunctioning private sewage disposal
systems. All 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, the owner of the subject premises will be
ordered to make connection to the public sewer if available.
.07. Wrecked, damaged, demolished, disabled,
disassembled or currently unlicensed vehicles.
(a) Any wrecked, damaged, demolished,
disassembled or disabled vehicle left or permitted to remain
any portion of the premises other than
private garage, as that term is defined in
39.020, Code of General Ordinances.
(b) Any motor vehicle without state license
plates that are current or without state license plates that
have been expired less than one (1) month,
stored or otherwise located on any
a residentially zoned district, other than
private garage, as that term is defined in
39.020, Code of General Ordinances, unless
vehicle is not required to have current
license plates under Missouri law.
.08. Off-street parking of vehicles. The
off-street parking of vehicles on any part of a residential yard other than a
.09. Hazardous trees. A live or dead tree
which constitutes a hazard to the safety of persons or of property, private or
public. The director of neighborhood and community services and the director
of parks and recreation may enter at all reasonable times upon any privately
owned property for purposes of inspection and investigation of any tree which
may be in hazardous condition.
.10. Rank weeds and noxious plants. Rank weeds
and noxious plants allowed to stand at any season of the year upon any lot,
tract or parcel of land, or unpaved alley, or along the sidewalk, street or
paved alley adjacent to such lot, tract or parcel of land. This subsection
shall not apply to land zoned or used for agricultural use which is more than
one hundred fifty (150) feet distant from any occupied residential subdivision,
lot, tract or parcel of land.
.11. Open buildings. Any building or
structure, or portion thereof, which is open to unauthorized or unlawful entry.
.12. Open storage upon residential premises.
Any portion of a residential premises maintained in an unclean manner or used
for the open storage of items or materials other than yard furniture, neatly
stacked firewood, garden or yard tools, toys, usable building materials, or
other such items approved by the director of neighborhood and community
services. The open storage of usable building materials is permitted and will
not be considered to constitute a nuisance if the open storage is temporary,
the building materials are to be used on the premises, the building materials
are neatly stacked at least eighteen (18) inches off the ground and they are
not stored against the side of a structure.
.13. Health and safety hazards. Any condition
or substance whatever which may transmit, generate or promote disease or which
may present a safety hazard to the general public.
.14. Rat infestations and conditions conducive
to rat harborage. Any infestation of rats or any condition conducive to the
harborage of rats as listed in article V of chapter 18, Code of General
Ordinances, entitled "Rat Control".
.15. Parking and storage of recreational
vehicles, boats on trailers, trailers or camper shells on residential
property. The parking and storage of any recreational vehicle, boat on a
trailer, trailer, or camper shell on residential property in Districts R-1,
R-2, R-3, R-4, R-5 and R-6, except developments with parking areas dedicated to
such purposes, as set out in the zoning ordinance except when parked or stored
under any of the following circumstances:
(a) Enclosed within a garage or accessory
(b) On the paved driveway of the residence and
not closer than eleven (11) feet from the near edge of
the curb or from the near edge of the
no curb is present, and not less than two
from the near edge of the sidewalk surface
sidewalk is present.
(c) On a paved parking space as provided in
section 25.1.12 of this chapter and the zoning ordinance.
.16. Wrecked, damaged, inoperative,
disassembled or disabled recreational vehicle, boat on a trailer, trailer or
camper shell. Any wrecked, damaged, inoperative, disassembled, or disabled
recreational vehicle, boat on a trailer, trailer or camper shell stored or
parked on residential property in Districts R-1, R- 2, R-3, R-4, R-5 and R-6 as
set out in the zoning ordinance other than enclosed within a garage or
accessory structure for a period in excess of fifteen (15) days.
.17. Recreational vehicle, trailer, camper
shell or boat used for storage. Any recreational vehicle, trailer, camper
shell or boat as defined in section 25.1 used for storage of materials, goods
or equipment other than those items considered to be a part of the unit or
essential to its immediate use in Districts R-1, R- 2, R-3, R-4, R-5 and R-6 as
set out in the zoning ordinance.
.18. Boat not mounted on trailer, snowmobile,
jet ski, all-terrain vehicle or off-road vehicle. Any boat not mounted on a
trailer, snowmobile, jet ski, all-terrain vehicle or off-road vehicle in
Districts R-1, mobile home and travel trailer developments excluded, R-2, R-3,
R-4, R-5 and R-6 when not stored behind the rear building line of the residence,
except when stored enclosed within a garage or accessory structure.
.19. Recreational vehicle, trailer or boat as
dwelling. The use of a recreational vehicle, trailer or boat as a dwelling
while parked in Districts R-1, mobile home and travel trailer developments
excluded, R-2, R-3, R-4, R-5 and R-6 as set out in the zoning ordinance.
.20. Connection of recreational vehicle to
utilities. The connection of a recreational vehicle or trailer to utilities
such as sewer and water lines except that a recreational vehicle may be
temporarily connected to an electrical power outlet where the connecting cord
and internal wiring of the unit are in compliance with the provisions of the
building code and chapter 700, Revised Statutes of Missouri, in Districts R-1,
mobile home and travel trailer developments excluded, R-2, R-3, R-4, R-5 and R-
6 as set out in the zoning ordinance.
.21. Storage limitation. The storage of more
than the aggregate total of three (3) recreational vehicles, trailers or boats
on trailers on residential property in Districts R-1, R-2, R- 3, R-4, R-5 and
R-6, except developments with parking areas dedicated to such purposes, as set
out in the zoning ordinance, unless such vehicles, boats or trailers exceeding
three (3) are stored enclosed within a garage or accessory structure.
.22. Boats collecting water, attracting
insects, vermin and other pests. Any boat which serves as a collection point
for pools or ponds of water, a breeding ground for mosquitoes or other insects,
or a breeding ground for rats, rodents, vermin or other pests, while stored on
Approved as to form and
Assistant City Attorney