SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 960048

 

Amending Chapter 48, Code of Ordinances of Kansas City, Missouri, commonly referred to as the Nuisance Code, by repealing Section 48-3 and adopting in lieu thereof one new section of like number and subject matter which modifies the provisions on litter, trash, refuse or rubbish on public or private property and disabled vehicles.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 48, Code of Ordinances of Kansas City, Missouri is hereby amended by repealing Section 48-3 and enacting a new section to read as follows:

 

 

Sec. 48-3. Enumeration of nuisances.

 

The following are hereby declared to constitute nuisances:

 

(1) Substances emitting noxious or toxic odor, dust, etc. All substances which emit, generate or cause noxious or toxic odor, dust, vapor, fume or mist in the

neighborhood where they exist.

 

(2) Carcasses of animals. All carcasses of animals remaining exposed 12 hours after death.

 

(3) Establishments or structures emitting noxious or toxic odors, dust, etc. All establishments or structures which emit, generate or cause any hazardous, noxious

or toxic dust, vapor, fume, mist, odor or condition.

 

(4) Wastewater. 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 62, article III.

 

(5) Litter, trash, refuse or rubbish on public or private property.

 

a. 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,

wastewater, 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 when any of these items

are:

 

(1) allowed and used in a licensed recycling or salvage facility holding

a valid permit under the Code of Ordinances of Kansas City,

Missouri; and

 

(2) stored in such a manner that they do not provide bedding or shelter

for rats or a breeding area for insects.

 

b. Grass, leaves, chipped brush, weeds, chipped foliage or shrub cuttings or

clippings, unharvested vegetable waste grown on the premises except when

stored in organized composting bins, not greater than three in number, or in

organized windrows, not greater than 150 square feet in total area and less

than 49 inches in height on residential premises less than one acre in size, or

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 windrows on nonresidential

premises. No composting bin or windrow 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.

 

(6) Malfunctioning private sewage disposal systems. All malfunctioning private sewage disposal systems which allow polluted, raw or partially treated wastewater 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.

 

(7) Wrecked, damaged, demolished, disabled, disassembled or currently unlicensed vehicles on public or private property unless otherwise excepted.

 

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 80-20 except when a license

for salvaging vehicles has been issued for the property where the vehicles are

located and the salvage vehicles are being stored properly pursuant to other

applicable provisions of the Code of Ordinances of Kansas City, Missouri.

 

b. Any motor vehicle without a state license plate that is current, and that is

parked, stored or otherwise located on any premises within a residentially

zoned district or lots otherwise used for residential purposes, other than

within a private garage, as that term is defined in section 80-20, unless the

vehicle is not required to have current state license plates under state law.

Any motor vehicle with a state license plate that has been expired less than

one month shall be excepted from this subsection.

 

(8) Off-street parking of vehicles. The off-street parking of vehicles other than on a parking space.

 

(9) 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 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 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 18 inches off the ground and the building materials 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 chapter 34, article IV.

 

(15) Parking and storage of recreational vehicles, boats on trailers, trailers or camper shells on residential property or vacant lots. The parking and storage of any

recreational vehicle, boat on a trailer, trailer, or camper shell on residential property

in residentially zoned districts or lots otherwise used for residential purposes, and on

vacant lots 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 in accordance with section 52-35,

and not closer than 11 feet to the near edge of the curb or to the near edge of

the pavement when no curb is present, and not less than two feet from the

near edge of the sidewalk surface when a sidewalk is present.

 

c. On a paved parking space in accordance with section 52-35 and section 56-112.

 

(16) Wrecked, damaged, inoperative, disassembled or disabled recreational vehicles, boats on trailers, trailers or camper shells. Any wrecked, damaged, inoperative,

disassembled or disabled recreational vehicle, boat on a trailer, trailer or camper shell

stored or parked on residential property in residentially zoned districts or lots

otherwise used for residential purposes, and on vacant lots except developments with

parking areas dedicated to such use, as set out in the zoning ordinance, other than

enclosed within a garage or accessory structure, for a period in excess of 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 48-1 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 residentially zoned districts or lots otherwise

used for residential purposes, and on vacant lots except developments with parking

areas dedicated to such use, as set out in the zoning ordinance.

 

(18) Storage of 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 residentially zoned districts or lots otherwise used for

residential purposes, mobile home and travel trailer developments excluded, and on

vacant lots except developments with parking areas dedicated to such use, as set out

in the zoning ordinance, 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 used as dwelling. The use of a recreational vehicle, trailer or boat as a dwelling while parked in residentially zoned districts or

lots otherwise used for residential purposes, mobile home and travel trailer

developments excluded, and on vacant lots except developments with parking areas

dedicated to such use, 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 RSMo ch. 700, in residentially zoned districts or lots

otherwise used for residential purposes, mobile home and travel trailer developments

excluded, and on vacant lots except developments with parking areas dedicated to

such use, as set out in the zoning ordinance.

 

(21) Storage of more than three recreational vehicles, trailers, or boats on trailers. The storage of more than the aggregate total of three recreational vehicles, trailers, or

boats on trailers on residential property in residentially zoned districts or lots

otherwise used for residential purposes, and on vacant lots except developments with

parking areas dedicated to such use, as set out in the zoning ordinance, unless such

vehicles, boats or trailers exceeding three are stored enclosed within a garage or

accessory structure.

 

(22) Boats collecting water or 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.

 

(23) Fences.

 

a. Barbed wire fences.

 

1. Residential zones. Any barbed wire fence, or other thing dangerous

and liable to snag, tear, cut or otherwise injure anyone coming in

contact therewith.

 

2. Commercial or industrial zones. Any barbed wire fence, or other

thing dangerous and liable to snag, tear, cut or otherwise injure

anyone coming in contact therewith and located less than six feet

above grade.

 

3. Agricultural zones. Any barbed wire fence, or other thing dangerous

and liable to snag, tear, cut or otherwise injure anyone coming in

contact therewith and located within five feet of any surfaced public

street or sidewalk.

 

b. Electric fences. Any fence containing uninsulated electric conductors that

may be exposed to human contact anywhere within the city, except that

electric fences located in agricultural zones are permitted but may not be

within five feet of any surfaced public street or sidewalk.

 

(24) Dirt and mud accumulation. Any condition on private property which, in the event of precipitation and natural drainage, causes or permits soil from the land to wash

either directly or indirectly upon private property without the owner's consent or

upon a sidewalk, street, alley, boulevard, parkway, park, drainage easement or other

public property in such a way that it causes or contributes to a buildup or

accumulation of dirt, mud or similar materials, including the buildup or accumulation

thereby created.

 

(25) Detention basins.

 

a. Any detention basin which fails to function as originally designed.

 

b. Any detention basin in which any pipes are blocked.

 

_______________________________________________________________

 

Approved as to form and legality:

 

 

 

_____________________________________

Assistant City Attorney