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 nuisances:

 

.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 upon

any portion of the premises other than within a

private garage, as that term is defined in Section

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, parked,

stored or otherwise located on any premises within

a residentially zoned district, other than within a

private garage, as that term is defined in Section

39.020, Code of General Ordinances, unless the

vehicle is not required to have current state

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 parking space.

 

.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 structure.

 

(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 pavement when

no curb is present, and not less than two (2) feet

from the near edge of the sidewalk surface when a

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 residential property.

 

_______________________________________________________

 

Approved as to form and legality:

 

 

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Assistant City Attorney