Chapter 59 – Toxic and Hazardous Waste

(Ord.#7-87) Chapter 59—Toxic and Hazardous Waste

59.010.   Adoption of Statutes as Ordinances. The City of Holden hereby adopts as part of its Code of Ordinances, the Missouri Revised Statutes 260.350 through 260.430 inclusively, and all subsequent changes and supplements thereto regarding toxic and hazardous wastes. This shall also pertain to the location and regulations of any such handling and processing facilities now extinct, or which may be established within the confines of the City of Holden, Missouri.

Chapter 60 – Health Officer

Chapter 60—Health Officer

60.010.   Health officer; qualifications; appointment; duties, term; compensation.

  1. There is hereby established within the administrative framework of the city the office and position of health officer.
  2. The health officer shall be a physician licensed to practice by the state, a sanitary engineer, a sanitarian, or a person who has had at least three (3) years of experience in public health work during the five (5) years immediately prior to this appointment.
  3. The health officer shall be appointed by the mayor with advice and consent of the city council, and shall serve at the pleasure of the city council.
  4. The compensation of the health officer shall be as

prescribed by the mayor and the city council and shall be subject to review each year.

  1. The health officer shall have the authority and the duty to perform all the duties of health officer as such duties are prescribed by ordinance.

60.020.   Contagious diseases-Authority of city marshal to quarantine afflicted persons; penalty. When information is filed by a physician or other competent person, before the city council that any person residing or temporarily stopping in the City, has a contagious or infectious disease or may have been exposed to the same, it shall become the duty of the mayor to immediately have the city marshal to order said parties or household where such disease may be, to remain within the enclosures until they may be relieved by order of the proper authority.

60.030.   Same-Care of quarantined parties. When it becomes the duty of the city marshal to forbid any such person from leaving their premises in accordance with the preceding section, he shall then make suitable and sufficient provision for their care, said parties to furnish the necessary funds to the city marshal thereof.

60.040.   Same-City marshal to restrict infected premises. The city marshal shall be required to see that sections 60.030 through 60.060 are enforced forbidding any and all persons from passing in our out of said infected premises unless under direction of the physician in charge; and for his services the city marshal shall receive one dollar ($1.00) for making this notice and the necessary arrangements as specified in the preceding section.      60.050.   Same-Authority of city council to make and enforce regulations. The city council may make regulations for the prevention of the introduction of contagious diseases in the city and for the abatement of the same, and may make quarantine laws and enforce the same within five (5) miles of the city.

60.060.   Same-Physicians permitted on quarantined and infected premises. Nothing in Section 60.030 through 60.050 shall prevent or prohibit the attendance of a physician.

Chapter 61 – Food and Food Establishments

Chapter 61—Food and Food Establishments

61.010.   Definitions. The following definitions shall apply in the interpretation and the enforcement of this Chapter:

  1. “Adulterated” shall mean the condition of a food:
    1. if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
    2. if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established;
    3. if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption;
    4. if it has been processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
    5. if it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter;
    6. if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
  2. “Approved” shall mean acceptable to the health authority based on his determination as to conformance with appropriate standards and good public health practice.
  3. “Closed” shall mean acceptable to the health authority

based on his determination as to conformance with appropriate standards and good public health practice.

  1. “Corrosion-resistant material” shall mean a material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it.
  2. “Easily cleanable” shall mean readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.
  3. “Employee” shall mean any person working in a food-service establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment.
  4. “Equipment” shall mean all stoves, ranges, hoods, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables and similar items, other than utensils, used in the operation of a foodservice establishment.
  5. “Food” shall mean any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
  6. “Food-contact surfaces” shall mean those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
  7. “Food-processing establishment” shall mean a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
  8. “Food-service establishment” shall mean any fixed or mobile restaurant; coffeeshop; cafeteria; short-order café; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial-feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
  9. “Health authority” shall mean the health authority of the municipality of Holden, or his designated representative.
  10. “Kitchenware” shall mean all multiuse utensils other than tableware used in the storage, preparation, conveying or serving of food.            “Misbranded” shall mean the presence of any written, printed or graphic matter, upon or accompanying food or containers  of food, which is false or misleading, or which violates any applicable state or local labeling requirements.
  11. “Perishable food” shall mean any food of such type or in such condition as may spoil.
  12. “Potentially hazardous food” shall mean any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms.
  13. “Safe temperatures” as applied to potentially hazardous food, shall mean temperatures of forty-five (45) degrees Fahrenheit or below, and one hundred forty (140) degrees Fahrenheit or above.
  14. “Sanitize” shall mean effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying micro-organisms, including pathogens.
  15. “Sealed” shall mean free of cracks or other openings which

permit the entry or passage of moisture.

  1. “Single-service articles” shall mean cups, containers, lids or closures; plates, knives, forks, spoons, stirrers, paddles; straws, placemats, napkins, doilies, wrapping material; and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.
  2. “Tableware” shall mean all multi-use eating and drinking utensils, including flatware (knives, forks and spoons).
  3. “Temporary food-service establishment” shall mean any foodservice establishment which operates at a fixed location for a temporary period of time, not to exceed two (2) weeks, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.
  4. “Utensil” shall mean any tableware and kitchenware used in the storage, preparation, conveying or serving of food.
  5. “Wholesome” shall mean in sound condition, clean, free from adulteration and otherwise suitable for use as human food.

61.020.   Enforcement of provisions; compliance with food-service code required. This Chapter shall be enforced by the health authority in accordance with the interpretations thereof contained in the compliance provisions of the most recent edition of the “United States Public Health Service Food-Service Sanitation Ordinance and Code”, three (3) certified copies of which shall be on file in the city clerk’s office.

61.030.   Food requirements, generally. All food in food-service establishments shall be from sources approved or considered satisfactory by the health authority and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. No hermetically sealed, nonacid and low-acid food which has been processed in a place other than a commercial food-processing establishment shall be used.

61.040.   Storage, preparation, etc., of food. All food while being stored, prepared, displayed, served or sold at food-service establishments, or during transportation between such establishments, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food shall be maintained at safe temperatures (forty-five (45) degrees Fahrenheit or below, or one hundred forty (140) degrees Fahrenheit or above), except during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffing, poultry, stuffed meats and poultry and pork and pork products shall be thoroughly cooked before being served. Individual portions of food once served to the customer shall not be served again; provided, that wrapped food which has not been unwrapped and which is wholesome may be reserved.

61.050.   Examination and condemnation of food. Food may be examined or sampled by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health authority, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the health authority, except on order by a court of competent jurisdiction. After the owner or person in charge has had a hearing as provided for in Section 61.280 (4) and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within ten (10) days, the health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this Chapter; provided, that such order of the health authority to denature or destroy such food or bring it into compliance with the provisions of this Chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.

61.060.   Sale of food from establishments outside city limits. Food from food-service establishments outside the jurisdiction of the health authority of the municipality of Holden may be sold within the municipality of Holden if such food-service establishments conform to the provisions of this Chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the health authority may accept reports from responsible authorities in other jurisdictions where such food-service establishments are located.

61.070.   Use of poisonous and toxic materials in food-service establishments. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used or stored in food-service establishments. Poisonous and toxic materials shall be identified, and shall be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers.

61.080.   Employees infected or carrying communicable diseases; duty of manager. No person while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores or an acute respiratory infection, shall work in any area of a food-service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms, or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the health authority immediately.

61.090.   Duty of health authority when infectious disease suspected. When the health authority has reasonable cause to suspect possibility of disease transmission from any food-service establishment employee, the health authority shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The health authority may require any or all of the following measures:

  1. the immediate exclusion of the employee from all foodservice establishments;
  2. the immediate closure of the food-service establishment concerned until, in the opinion of the health authority, no further danger of disease outbreak exists;
  3. restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting disease; and   adequate medical and laboratory examinations of the employee, of other employees, and of his and their body discharges.

61.100.   Employees; sanitation requirements, generally. All employees shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand washing facility before starting work, and as often as may be necessary to remove soil and contamination. No employee shall resume work after visiting the toilet room without first washing his hands.

61.110.   Food equipment and utensils; requirements, generally.

  1. All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be in good repair; and the food-contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, nontoxic, corrosion resistant and relatively nonabsorbent; provided, that, when approved by the health authority, exceptions may be made to the above materials requirements for equipment such as cutting boards, blocks and bakers’ tables.                2.  All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas.
  2. Equipment in use at the time of adoption of this Chapter which does not meet fully the above requirements, may be continued in use if it is in good repair, capable of being maintained in a sanitary condition and the food-contact surfaces are nontoxic.
  3. Single-service articles shall be made from nontoxic materials.

61.120.   Same, sanitation requirements.

  1. All eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage.
  2. All kitchenware and food-contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food and drink, and all food-storage utensils, shall be thoroughly cleaned after each use. Cooking surfaces of equipment shall be cleaned at least once a day. All utensils and food-contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use. Nonfood-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.
  3. After cleaning and until use, all food-contact surfaces of equipment and utensils shall be so stored and handled as to be protected from contamination.
  4. All single-service articles shall be stored, handled and dispensed in a sanitary manner, and shall be used only once.
  5. Food-service establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use singleservice articles.

61.130.   Water supply.

  1. The water supply shall be adequate, of a safe, sanitary quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment, utensils or containers are washed.
  2. Water, if not piped into the establishments, shall be transported and stored in approved containers and shall be handled and dispensed in a sanitary manner.
  3. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner.

61.140.   Sewage disposal. All sewage shall be disposed of in a public sewage system or, in the absence thereof, in a manner approved by the health authority.

61.150.   Plumbing, Plumbing shall be so sized, installed and maintained as to carry adequate quantities of water to required locations throughout the establishment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage-disposal system; and so that it does not constitute a source of contamination of food, equipment or utensils or create an insanitary condition or nuisance.

61.160.   Toilet facilities. Each food-service establishment shall be provided with adequate, conveniently located toilet facilities for its employees. Toilet fixtures shall be of sanitary design and readily cleanable.

Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be selfclosing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Where the use of non-water-carried sewage disposal facilities have been approved by the health authority, such facilities shall be separate from the establishment. When toilet facilities are provided for patrons, such facilities shall meet the requirements of this section.

61.170.   Hand washing facilities. Each food-service establishment shall be provided with adequate, conveniently located hand washing facilities for its employees, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand cleaning soap or detergent, and approved sanitary towels or other approved hand drying devices. Such facilities shall be kept clean and in good repair.

61.180.   Garbage and rubbish disposal. All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leak-proof, nonabsorbent containers which shall be kept covered with tight-fitting lids when filled or stored, or not in continuous use; provided, that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a food-waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas and containers used shall be adequate for the storage of all food waste and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. Food-waste grinders, if used, shall be installed in compliance with state and local standards and shall be of suitable construction. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance.

61.190.   Vermin control. Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of vermin.

61.200.   Floors, walls and ceilings.

  1. The floor surfaces in kitchens, in all other rooms and areas in which food is stored or prepared and in which utensils are washed, and in walk-in refrigerators, dressing or locker rooms and toilet rooms, shall be of smooth, nonabsorbent materials, and so constructed as to be easily cleanable; provided, that the floors of non-refrigerated, dry-food-storage areas need not be nonabsorbent. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are subjected to floodingtype cleaning or where normal operations release or discharge water or other liquid waste on the floor. All exterior areas where food is served shall be kept clean and properly drained, and surfaces in such areas shall be finished so as to facilitate maintenance and minimize dust.
  2. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or utensils or hands are washed, shall be easily cleanable, smooth and lightcolored, and shall have washable surfaces up to the highest level reached by splash or spray.

61.210.   Lighting requirements. All areas in which food is prepared or stored or utensils are washed, hand washing areas, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well lighted. During all clean-up activities, adequate light shall be provided in the area being cleaned, and upon or around equipment being cleaned.

61.220.   Ventilation. All rooms in which food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well ventilated. Ventilation hoods and devices shall be designed to prevent grease or condensation from dripping into food or into food preparation surfaces. Filters, where used, shall be readily removable for cleaning or replacement. Ventilation systems shall comply with applicable state and local fire prevention requirements and shall, when vented to the outside air, discharge in such manner as not to create a nuisance.

61.230.   Dressing rooms and lockers. Adequate facilities shall be provided for the orderly storage of employees’ clothing and personal belongings. Where employees routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage and serving areas, and the utensil-washing and storage areas; provided, that when approved by the health authority, such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean.

 

61.240.   Cleaning operations, generally. All parts of the establishment and its premises shall be kept neat, clean and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food-contact surfaces. None of the operations connected with a food-service establishment shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats and aprons shall be kept in suitable containers until removed for laundering.

61.250.   Inspections by health authority. At least once every six (6) months, the health authority shall inspect each food-service establishment located in the municipality of Holden, or its police jurisdiction, and shall make as many additional inspections and re-inspections as are necessary for the enforcement of this Chapter.

61.260.   Right of access by health authority. The health authority, after proper identification, shall be permitted to enter, at any reasonable time, any food-service establishment within the municipality of Holden or its police jurisdiction, for the purpose of making inspections to determine compliance with this Chapter. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed.

61.270.   Records of inspections to be kept; demerit point system. Whenever the health authority makes an inspection of a food-service establishment, he shall record his findings on an inspection report form provided for this purpose, and shall furnish the original of such inspection report form to the permit holder or operator. Such form shall summarize the requirements of Section 61.030 through 61.100 of this Chapter and shall set forth demerit point values for each such requirement. Upon completion of an inspection, the health authority shall total the demerit point values for all requirements in violation, such total becoming the demerit score for the establishment.

61.280.   Inspection report forms for violations furnished to permit holders. Whenever the health authority makes an inspection of a food-service establishment and discovers that any of the requirements of Section 61.030 through 61.100 of this Chapter have been violated, he shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the health authority shall:

  1. Set forth the specific violations found, together with the demerit score of the establishment.
  2. Establish a specific and reasonable period of time for the correction of the violations found, in accordance with the following provisions:
    1. When the demerit score of the establishment is twenty (20) or less, all violations of two (2) or four (4) demerit points must be corrected by the time of the next routine inspection; or
    2. When the demerit score of the establishment is more than twenty (20) but not more than forty (40), all items of two (2) or four (4) demerit points must be corrected within a period of time not to exceed thirty

(30) days; or

  1. When one or more six (6) demerit point items are in violation, regardless of demerit score, such points must be corrected within a period of time not to exceed ten (10) days.
  2. When the demerit score of the establishment is more than forty (40), the permit is immediately suspended.
  3. In the case of temporary food-service establishments, violations must be corrected within a specified period of time not to exceed twenty-four (24) hours. Failure to comply with such notice shall result in immediate suspension of the permit.
  1. State that failure to comply with any notice issued in accordance with the provisions of this Chapter may result in immediate suspension of the permit.
  2. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the health authority within the period of time established in the notice for correction.

61.290.   Birds, animals on premises prohibited; exception. No live birds or animals shall be allowed in any area used for the conduct of food-service establishment operations; provided, that guide dogs accompanying blind persons may be permitted in the dining areas.

61.300.   Temporary food-service establishments to comply with provisions. A temporary food-service establishment shall comply with all provisions of this Chapter which are applicable to its operation; provided, that the health authority may augment such requirements when needed to assure the service of safe food, may prohibit the sale of certain potentially hazardous food and may modify specific requirements for physical facilities when in his opinion no imminent health hazard will result.

61.310.   Service of notices. Notices provided for under this Chapter shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the health authority.

61.320.   Construction, alterations, etc., of food-service establishments; health authority to approve. When a food-service establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food-service establishment, properly prepared plans and specifications for such construction, remodeling or alteration, showing layout, arrangement and construction materials of work areas, and the location, size and type of fixed equipment and facilities, shall be submitted to the health authority for approval before such work is begun.

61.330.   Penalty for violation of provisions. Any person who shall violate any of the provisions of this Chapter, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00). In addition thereto, such person may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.

61.340.   Food establishment permits, required; transfer of; posting required. It shall be unlawful for any person to operate a food-service establishment within the municipality of Holden or its police jurisdiction, who does not possess a valid permit issued to him by the health authority. Only a person who complies with the requirements of this Chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person to another person or place. A valid permit shall be posted in every food-service establishment. Permits for temporary food-service establishments shall be issued for a period of time not to exceed fourteen (14) days.

61.350.   Application; contents. Any person desiring to operate a foodservice establishment shall make written application for a permit on forms provided by the health authority. Such application shall include: the applicant’s full name and post office address and whether such applicant is an individual, firm or corporation, and if a partnership, the names of the partners, together with their addresses shall be included; the location and type of the proposed food-service establishment; and the signature of the applicant or applicants. If the application is for a temporary food-service establishment, it shall also include the inclusive dates of the proposed operation.

61.360.   Issuance. Upon receipt of such an application, the health authority shall make an inspection of the food-service establishment to determine compliance with the provisions of this Chapter. When inspection reveals that the applicable requirements of this Chapter have been met, a permit shall be issued to the applicant by the health authority.

61.370.   Suspension; grounds; notice required.

  1. Permits may be suspended temporarily by the health authority for failure of the holder to comply with the requirements of this

Chapter.

  1. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this Chapter, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health authority by the permit holder.
  2. Notwithstanding the other provisions of this Chapter, whenever the health authority finds insanitary or other conditions in the operation of a food-service establishment which, in his judgment, constitute a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the permit holder or operator citing such conditions, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the health authority, shall be afforded a hearing as soon as possible.

61.380.   Application for reinstatement of suspended permit. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health authority shall make a reinspection. If the applicant is complying with the requirements of this Chapter, the permit shall be reinstated.

61.390.   Revocation; grounds, notice required. For serious or repeated violations of any of the requirements of this Chapter, or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the health authority. Prior to such action, the health authority shall notify the permit holder in writing, stating the reasons for which the permit is subject

to revocation and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the health authority, by the permit holder, within such five (5) day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

61.400.   Hearings on revocation, suspension; health authority to conduct. The hearings provided for in this Chapter shall be conducted by the health authority at a time and place designated by him. Based upon the record of such hearing, the health authority shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the health authority.

Chapter 62 – Refuse, Garbage, Rubbish and Litter

(ORD # 06-03)

Chapter 62—Refuse, Garbage, Rubbish and Litter

62.010.   Definitions.

Bulky rubbish—non-putrescible solid wastes consisting of combustible or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefor.

City—The City of Holden, Missouri.

Collecting—removal of solid waste from the designated pickup location to the transportation vehicle.

Demolition and Construction Waste—waste materials from the construction or destruction of residential, industrial or commercial structures.

Director—the director of the Solid Waste Management Program of the City shall be the Mayor or the City or his authorized representative.                Disposable Solid Waste Container—disposable plastic or paper sacks with a capacity of 20 to 35 gallons specifically designed for storage or solid waste.

Dwelling Unit—any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.                Hazardous Waste—any waste or combination of wastes, as determined by the Missouri Hazardous Waste Management Commission by rules and regulations or by other law, which, because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a present or potential threat to the health of humans or other living organisms.

Multiple Housing Facility—a housing facility containing more than one dwelling unit under one roof.

Occupant—any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.

Person—any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.

Processing—incinerating, composing, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.

Solid Waste—unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes.

  • Commercial solid waste—solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
  • Residential solid waste—solid waste resulting from the maintenance and operation of dwelling units.

Solid Waste Collector—a person, firm, or corporation who has satisfied the permit requirements of this article in order to collect, transport and dispose of solid waste.

Solid Waste Container—receptacle used by any person to store solid waste during the interval between solid waste collections.

Solid Waste Disposal—the process of discarding or getting rid of unwanted material. In particular the final deposition of solid waste by man.                Storage—keeping, maintaining or storing solid waste from the time of its production until the time of its collection.

Transportation—the transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.

Yard Wastes—grass clippings, leaves, tree trimmings.

62.020.   SOLID WASTE STORAGE.

  1. The occupant or owner of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the city, shall provide sufficient and adequate containers for the storage of all solid waste except bulky rubbish and demolition and construction waste to serve each such dwelling unit or establishment; and to maintain such solid waste containers at all times in good repair.
  2. The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.
  3. Residential solid waste shall be stored in containers of not more than 35 gallons nor less than 20 gallons in nominal capacity. Containers shall be leakproof, waterproof, and fitted with a fly-tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails, or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed 75 pounds. Galvanized metal containers, or rubber, fiberglass, or plastic containers which do not become brittled in cold weather, may be used.
  4. Commercial solid waste shall be stored in solid waste containers. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 62.070.
  5. When collected, tree limbs less than 4” in diameter and brush shall be securely tied in bundles not larger than 48” long and 18” in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed 75 pounds.
  6. Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights of way. When collected, the weight of any individual container and contents shall not exceed 75 pounds.
  7. Solid waste containers which do not meet the specifications as outlined in this Section will be collected together with their contents and disposed of.

62.030.   COLLECTION OF SOLID WASTE.

  1. The City shall provide for the collection of solid waste as follows:
  • The City shall provide for the collection of all residential solid waste in the City by contracting with a person, entity, county, or other city or a combination thereof, for the entire City or portions thereof, as deemed to be in the best interests of the City, on the soonest date allowable under Chapter 260 RSMo. Until such contracting is in place, collection shall be the responsibility of each owner and occupant of a residential dwelling unit.
  • Arranging for Commercial Solid Waste collection shall be the responsibility of the owner and occupant of any commercial premises.
  • City may, from time to time, cause there to be a collection

Yard waste within the City of Holden.

  1. All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein. Bulky rubbish will be collected in accordance with the rules and regulations as promulgated by the Mayor or his authorized representatives.                 3.   Tree limbs and yard wastes, as described in Sections

62.020.5 and 62.020.6 respectively, shall be placed at the curb for collection when and if collected. Solid waste containers as required by this ordinance for the storage of other residential solid waste shall be placed at the curb for collection.  Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this ordinance to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day, or the evening before.

  1. Bulky rubbish shall be collected at least twice annually. The Mayor or his authorized representative shall establish the procedure for collecting bulky rubbish.
  2. Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this ordinance. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste.
  3. The following collection frequencies shall apply to collections of solid waste within the City:

All residential solid waste, other than bulky rubbish, shall be collected at least once weekly.  At least forty-eight (49) hours shall intervene between collections.  All commercial solid waste shall be collected at least once weekly, and shall be collected at such lesser intervals as may be fixed by the Mayor or his authorized representative or requested by the commercial establishment upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.

  1. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes.  The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel.
  2. Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the designated pickup location to the transportation vehicle provided the solid waste was stored in compliance with the provisions set forth in this ordinance. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.
  3. All solid waste generated from residential premises in the City shall be collected by the solid waste collector, subject to rules and regulations of the solid waste collector as approved by the Major or his authorized representative. All solid waste shall, upon being placed at the area of collection, become the property of the solid waste collector.

62.040.   TRANSPORTATION OF SOLID WASTE.

  1. Transportation vehicle shall be maintained in a safe, clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternate, the entire bodies thereof, shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
  2. Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights of way.
  3. Demolition and construction wastes shall be transported to a disposal area as provided in Section 62.050.1. A permit shall not be required for the hauling of demolition and construction waste, however, all such material shall be conveyed in tight vehicles, trucks, or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights of way.
  4. In addition to any requirements promulgated under Section 62.070, no collector of residential solid waste may operate a vehicle with more than two axles.

62.050.   DISPOSAL OF SOLID WASTE.

  1. Solid wastes shall be deposited at a processing facility or disposal area approved by the director and complying with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.245, RSMo., or any subsequent law, and the rules and regulations adopted thereunder, or any subsequent law, and the rules and regulations adopted thereunder, or any applicable law of state where the processing facility or disposal area is located, and any applicable federal law, rule or regulation.
  2. Hazardous wastes under provisions will require special handling and shall be disposed of in only a manner authorized by applicable law.

62.060.   PERMITS

  1. No person, firm or entity shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City; provided, however, that this provision shall not be deemed to apply to employees for the holder of any such permit. No person, firm or entity shall engage in the collection, transport, processing or disposing of residential solid waste except through contract with the City from and after the date the City first enters into such a contract.
  2. No such permit shall be issued until and unless the applicant therefore, in addition to all other requirements set forth, shall file and maintain with the director or his authorized representative evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than One Million ($1,000,000.00) Dollars for each occurrence. Should any such policy be canceled, the director or his authorized representative shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.
  3. Each applicant for any such permit shall state in his application therefore; (a) the nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof; (b) the characteristics of solid waste to be collected, transported, processed, or disposed; (c) the number of solid waste transportation vehicles to be operated thereunder; (d) the precise location or locations of solid waste processing or disposal facilities to be used; (e) boundaries of the collection area; and (f) such other information as required by the director or his authorized representative to the convenient administration of this chapter.
  4. If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this ordinance, the director or his authorized representative may with the consent of the City Council issue the permit authorized by this ordinance.
  5. In order to insure compliance with the laws of this State, this ordinance and the rules and regulations authorized herein, the Mayor or his authorized representative is authorized to inspect all phases of solid waste management within the City of Holden. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law.  In all instances where such inspections reveal violation of this ordinance, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the Mayor or his authorized representative shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.
  6. In all cases, when the corrective measures have not been taken within the time specified, the Mayor or his authorized representative may, after hearing, suspend or revoke the permit or permits involved in the violation, however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.
  7. In the event a permit is revoked and the person continues to operate, the Mayor or his authorized representative may request the action of a court law to enjoin the acts and to enforce compliance with this ordinance or any rule or regulation promulgated thereunder. In any action, the court may grant to the City such prohibitory or mandatory injunction relief as the facts may warrant, in addition to all other legal remedies available.
  8. Any person who feels aggrieved by any suspension or revocation violation or order issued pursuant thereto of the Mayor may seek judicial review according to law.

62.070.   RULES AND REGULATIONS.

  1. The Mayor and City Council shall make, amend, revoke, and enforce reasonable rules and regulations, governing, but not limited to: (a) Preparation, drainage and wrapping of garbage deposited in solid waste containers.
    • Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
    • Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any. (d) Weight limitations on the combined weight of solid waste containers and the contents thereof, and weight and size limitations on bundles of solid waste too large for solid waste containers.

(e) Storage of solid waste in solid waste containers.               (f) Sanitation, maintenance and replacement of solid waste containers.

  • Schedules of and routes for collection and transportation of solid waste.
  • Collection points of solid waste containers.
  • Collection, transportation, processing and disposal of solid waste.
  • Processing facilities and fees for the use thereof. (k) Disposal facilities and fees for the use thereof.               (l) Records of quantity and type of wastes received at processing and/or disposal facilities.
  • Handling of special wastes such as sludge, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
  • Size limitations of collection vehicles.
  1. Mayor and City Council is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and/or disposal service charges, as hereinafter provided for, and to amend the same from time to time.
  2. A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the

City Clerk of the City.

62.080.   PROHIBITED PRACTICES.

  1. It shall be unlawful for any person to:
  • deposit solid waste in any solid waste container other than his own, without the written consent of the owner of such container or, with the intent of avoiding payment of the service charge hereinafter provided for waste collection and disposal;
  • fail to have solid waste collected as provided in this ordinance;
  • interfere in any manner with solid waste collection and transportation equipment, or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City, or those of a solid waste collection agency operating under contract with the City;
  • engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked;
  • violate any section of this ordinance or any other rule or regulation promulgated under the authority of Section 62.070;
  • accumulate or allow to accumulate on any premises owned or occupied by such person any solid waste in violation of any provision of this ordinance.

62.090.   SERVICE CHARGE.

A monthly billing of service charge will be included with billings of water charges and payable under the same conditions as the water charges.  The City Council shall, from time to time, enact rates for collection of solid waste by separate ordinance which reflect the cost of the City’s operation hereunder.

62.100.   NOTIFICATION TO OWNER OF SUBSTITUTE COLLECTION.

If the city approved collector of solid waste notifies the City no longer collecting said solid waste, then the City shall notify the owner or resident of the location where said solid waste has ceased to be collected and such owner or resident shall provide within forty-eight (48) hour’s verification that they are causing said solid waste to be collected and disposed in a manner consistent with this ordinance, and failure to do so shall be a violation of this ordinance permissible herein provided.

62.110.   PENALTIES.

Any person violating any of the provisions of this ordinance, or any lawful rules or regulations promulgated pursuant thereto, shall be guilty of an offense under the Code of Ordinances.

62.120.   BONDS.

No permit shall be issued until the contractor has filed with the City a performance bond in the amount of ($50,000.00) Dollars conditioned will observe the provisions of this chapter and all ordinances of the City and pay all taxes, licenses, fees and fines, penalties and forfeitures that may be adjudged against him under the ordinances of the City.

62.130.   SEVERABILITY CLAUSE.

The provisions of this Chapter are severable and if any provisions or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of this ordinance.

Chapter 64 – Litter

Chapter 64–Litter

64.010.    Definitions.  For the purpose of this Chapter the following terms, phrases, words, and their derivations, shall have the meaning given herein.  When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number.  The word “shall” is always mandatory and not merely directory.

 

  1. “Aircraft” is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word “aircraft” shall include helicopters and lighter-than-air dirigibles and balloons.

 

  1. “Authorized private receptacle” is a litter storage and collection receptacle as required and authorized in Section 60.020.

 

  1. “City” is the City of Holden, Missouri.

 

  1. “Commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:

 

  1. which advertises for sale any merchandise, product, commodity or thing; or

 

  1. which directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;

 

  1. which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind,for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required by any law of this State, or under any ordinance of this City; or

 

  1. which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
  1. “Garbage” is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

 

  1. “Litter” is garbage,” “refuse,” and “rubbish” as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

 

 

  1. “Newspaper” is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, by any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

 

  1. “Non-commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

 

  1. “Park” is a park, reservation, playground, beach, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.

 

  1. “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.

 

  1. “Private premises” is any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

 

  1. “Public place” is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

 

  1. “Refuse” is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
  2. “Rubbish” is nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

 

  1. “Vehicle” is every device in, upon or by which person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

64.020.    Litter in public places.  No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles, in authorized private receptacles for collection, or in official City dumps.

 

64.030.    Placement of litter in receptacles so as to prevent scattering.  Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

 

 

64.040.    Sweeping litter into gutters prohibited.  No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.  Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

 

64.050.    Merchant’s duty to keep sidewalks free of litter.  No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.  Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.

 

64.060.    Litter thrown by persons in vehicles.  No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, or upon private property.

 

64.070.    Truck loads causing litter.  No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.  Nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

 

64.080.    Litter in parks.  No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place.  Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

 

64.090.    Litter in lakes and fountains.  No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the City.

 

64.100.    Throwing or distributing commercial handbills in public places.  No person shall throw or deposit any commercial or non-commercial handbills in or upon any sidewalk, street or other public place within the City.  Nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the City for any person to hand out or distribute, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it.

 

64.110.    Placing commercial and non-commercial handbills on vehicles.  No person shall throw or deposit any commercial or non-commercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a non-commercial handbill to any occupant of a vehicle who is willing to accept it.

 

 

 

 

 

64.120.    Depositing commercial and non-commercial handbills on uninhabited or vacant premises.  No person shall throw or deposit any commercial or non-commercial handbill in or upon private premises which are temporarily or continuously uninhabited or vacant.

 

64.130.    Prohibiting distribution of handbills where properly posted.  No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: “No Trespassing,” No Peddlers or Agents,” “No Advertisement,” or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.

 

64.140.    Distributing commercial and non-commercial handbills at inhabited private premises.  No person shall throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this Chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.

 

  1. Exemption for mail and newspaper.  The provisions of this Section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

 

64.150.    Dropping litter from aircraft.  No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.

64.160.    Posting notices prohibited.  No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.

 

(Ord.#7-87)  1.    Posted notices on public and private property advertising garage, yard, or similar type sales shall be removed on the day following the closure of such sale.  Such notices shall at no time be posted on public street sign posts.

 

64.170.    Litter on occupied private property.  No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

64.180.    Owner to maintain premises free of litter. The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection.

 

64.190.    Litter on vacant lots.  No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not.

 

64.200.    Clearing of litter from open private property by City.

 

  1. Notice to remove. The health inspector is hereby authorized and empowered to notify the owner of any open or vacant private property within the City or the agent of such owner to properly dispose litter located on such owner’s property which is dangerous to public health, safety or welfare.  Such notice shall be by registered mail, addressed to said owner at his last known address.

 

  1. Action upon non-compliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within five (5) days after receipt of the written notice provided for in subsection 1 above, or within ten (10) days after the date of such notice in the event the same is returned to the city post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the health inspector is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
  2. Charge included in tax bill. When the City has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of eighteen percent (18%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the City, and said charge shall be due and payable by said owner at the time of payment of such bill.

 

  1. Recorded statement constitutes lien. Where the full amount due the City is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for in subsections 1 and 2 above, then and in that case, the health inspector, shall cause to be recorded in the office of the clerk of the City of Holden a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made.  Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to a delinquent penalty of ten (10) percent in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent.  Sworn statements recorded in accordance with the provisions  hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

Chapter 65 – Weeds

(ORD # 4-94)

Chapter 65–Weeds

 

65.005.    Exclusions. The provisions of this Chapter shall not apply to owners of tracts of land located within the City which are larger than four acres, if such tract is used for legitimate agricultural purposes, to the extent that this chapter prohibits the growth of grass to a height of greater than 12 inches on average and prohibits the growth of live brush.  This section does not exclude from the provisions of this Chapter and owners of any property located within the City which contains accumulations of dead weeds, grass (other than harvested hay), poison ivy, ragweed, poisonous plants, or plants detrimental to human health, or property located within the City which contains the growth of weeds greater than 12 inches in height on average which constitutes more than 20% of the foliage existing on such property.

 

65.010.    Cutting and removal of grass, weeds, etc.  It shall be unlawful for any owner of any land within the City to permit or maintain on such land, or between such land and the street, any growth of weeds or grass to a height greater than twelve (12) inches on the average, or any accumulation of dead weeds, grass or brush.  It shall also be unlawful for any owner to cause, suffer or allow poison ivy, ragweed or other poisonous plants, or plants detrimental to health to grow on such land. The growth of  weeds or grass to a height of more than twelve (12) inches; the growth of poison ivy, ragweed, poisonous plants, or plants detrimental to human health; and the accumulation of dead weeds, grass or brush is hereby declared to be a nuisance.

 

65.020.    (ORD # 07-03)  Duty of owner, lessee or occupant.  It shall be the duty of any owner, occupant, lessee or other person or entity in possession or control of any real property within the City to cut and remove, or cause to be cut and removed, all weeds, grass and poisonous or harmful vegetation as often as may be necessary to comply with the provisions of this Chapter 65.  It shall further be the duty of the owner, occupant, lessee or other person or entity in possession or control of any real property within the City of Holden to remove, or cause to be removed, any accumulation of dead weeds, grass, or brush so as to comply with all provisions of this Chapter 65.

 

65.030.    When City to do work.  If the provisions of this Chapter are not complied with, and the City wishes to provide for the abatement of the violation, the police chief or other official designated by the mayor, shall hold a public hearing after ten days notice thereof has been given to the land owner who is in violation of this chapter. Notice shall be given personally, by United States mail, or by posting such notice on the premises. Following the hearing, the police chief or other designated official may declare the situation to be a nuisance and order the same to be abated within five days.  In the event that the nuisance is not abated within five days, the police chief or other designated official shall abate the nuisance and shall certify the cost of the same to the city clerk.  The city clerk shall cause a special tax bill to be prepared and issued against the property. The tax bill, from the date of its issuance, shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Such bills, if not paid when due, shall bear interest at the rate of eight percent per annum. No hearing shall be required as a prerequisite to the criminal prosecution of any offense under this Chapter.

65.040.    Penalty.  Each person who shall neglect to comply with the provisions of this Chapter, or who shall fail, neglect or refuse to comply with the provisions of any notice provided pursuant to this Chapter, or who shall resist or obstruct the police chief or other representative of the City in the performance of his duties or activities provided for in the Chapter, shall upon conviction thereof, be guilty of a misdemeanor. The preparation of a tax bill, as authorized by Section 65.030 shall not relieve any person of liability under this section.  Each person convicted of a violation of this Chapter shall be penalized as provided in Section 13.010 of this Code.  As provided in Section 13.020 of this Code, each day on which the violation if this Chapter continues shall constitute a separate offense.

 

65.050.    Weeds between sidewalk and curb or street. As required by Section 65.010 of this Code, it is the duty of each land owner to remove or cause to be removed, any nuisance as defined by this Chapter, existing between the sidewalk or property line of his land if there be no existing sidewalk, and any street.

Chapter 66 – Fireworks

Chapter 66–Fireworks

66.010.    Fireworks.  For purposes of this Chapter, the term fireworks shall mean and include any combustible or explosive compositions or any substance or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation.

 

66.020.    (ORD # 21-09)  Provisions for storage, licensing and selling.

  1. It shall be unlawful for any person, firm or corporation to store, sell or offer for sale fireworks of any type within the city limits, provided, however, notwithstanding any ordinance or fire code provision of the contrary, sale of fireworks shall be permitted by local, nonprofit, religious or community service organizations within the city limits for a period not exceeding seven (7) days prior to the fourth (4th) day of July and ending at

12:00 o’clock, midnight on the said fourth (4th) day of July of each year.

Fireworks shall not be sold or kept for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept in unbroken containers, unless kept in a separate and distinct section or department of the said place of business.  Two (2), five (5) pound fire extinguishers shall be provided and kept in close proximity to the stock of fireworks in all buildings and small stands temporarily erected to be used as a place for storing and selling fireworks only.

 

  1. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited within the corporate limits of the City, except as follows:

 

  1. Except as authorized below for the storage and handling of certain Division 1.4G fireworks, the storage and handling of fireworks shall be permitted only in compliance with Chapter 66.020 and 66.030 of the Holden City Code.

 

  1. The possession and use of Division 1 fireworks shall be permitted only in accordance with Chapter 66 of the Holden City Code.
  2. The possession, storage, handling and use of certain

Division 1.4G fireworks shall be permitted within the corporate limits of the

City, provided such fireworks comply with Chapter 320 Revised Statutes of

Missouri, 11 CSR 40-3.010, CPSC 16 CFR, Parts 1500-1507, DOT 49 DFR, Parts 100178, and all applicable Ordinances and Codes of the City of Holden, Missouri, except that it shall be unlawful for any person to possess, store, handle, or use, within the corporate limits of the City, the following Division 1.4G fireworks:

 

  • Rockets on a stick;

 

  • Missiles with fins or rudders for the purpose of achieving aerodynamic flight; and

 

  • Roman Candles with or without spikes, identified by the word “Candle” on the label with the following wording on the caution label: ‘WARNING

SHOOTS FLAMING BALLS” or “WARNING SHOOTS FLAMING BALLS AND REPORTS”, and not including California Candles or Illuminating Torch with the following wording on the caution label: “CAUTION EMITS SHOWERS OF SPARKS” and single or multishot parachutes, with night or daytime effects.

  1. The possession or discharge of Division 1.4G fireworks, as authorized by this Section shall be allowed only by permit. The permit shall contain the name, address, and location of the intended use and shall be in the form approved by the City Clerk.  The permit may be obtained from the City Clerk or other designated representative.

 

  1. The use of Division 1.4G fireworks within the City limits shall only be permitted on July 2 and 3 of each year between the hours of 10:00 A.M. and 11:00 P.M., on July 4 of each year between the hours of 10:00 A.M. and Midnight, and in July 5 of each year between the hours of 10:00 A.M. and 11:00 P.M.

 

  1. It shall be unlawful for any person to throw, use, explode, detonate, aim, point or shoot fireworks, including pyrotechnic devices, in such a manner that, after it is ignited, will propel it, or any part thereof, such that it, or any part thereof, lands on property not owned by the person shooting the fireworks.

 

  1. It shall be unlawful for any person to throw, use, detonate,

or shoot fireworks within any structure.

 

  1. It shall be unlawful for any person to throw, use, explode, detonate, or shoot fireworks with one hundred (100) feet of any church, hospital, mental health facility, school, or within one hundred (100) feet of any location where fireworks are stored, sold, or offered for sale.

 

  1. No person shall use, explode, detonate, or shoot fireworks within, or throw the same from, a motorized vehicle including watercraft or any other means of transportation, except where a display permit has been issued for a floating vessel or floating platform, nor shall any person place or throw any ignited firework into or at a motorized vehicle including watercraft or any other means of transportation, or at or near any person, group of people, or animal.

 

  1. No person shall throw, use, explode, detonate, or shoot fireworks within three hundred (300) feet of any permanent storage or ignitable liquid, gasses, gasoline pump, gasoline filling station, or any nonpermanent structure where fireworks are stored, sold or offered for sale.
  2. Notwithstanding the provisions of the Holden City Code to the contrary, the prohibitions of the City Code regarding control of noise and sound shall not be applicable to any lawful discharge or Division 1.4G fireworks authorized by this Section.

 

  1. It shall be unlawful for any person under the age of 16 years, unless under the supervision of a parent or guardian, to possess or discharge Division 1.4G fireworks with the City limits.

 

66.030.    Application for permit.

 

  1. Any such person, firm or corporation making application for a permit shall file a written request with the city clerk not less than thirty (30) days prior to the 4th day of July, accompanied by a fee of $100.00 per location. If the application is not approved by the City Council, the $100.00 fee shall be returned to applicant.  If such application is approved, then the

total fee shall be the $100.00 paid with the application and three percent (3%) of the gross for each location, which shall be paid to the City within ten (10) days after the 4th day of July.

 

  1. All permits issued and approved are personal to the applicant and nontransferable.  The sale of fireworks or operation of place of sale by any one other than the permitee shall void the permit and cause forfeiture of the permit fee.

 

  1. (ORD # 16-99) All applications shall contain the name of the applicant, a detailed description of the location of the sale site or sites, the type of structure from which sales are to be made, and the location and type of structure in which the fireworks are to be stored. The location of any sale site is restricted to property which is zoned for commercial or industrial use.  In determining whether to grant an application for permit, the City Council shall consider the type, composition, and ordinary usage of the building or structure where the fireworks will be sold and stored; the type, composition, and usage of the building or structure where the fireworks will be sold and stored; the type, composition, and usage of surrounding buildings or structures, the proximity of surrounding buildings or structures to the storage and sale location; the availability and response time of fire protection; and any other factors relating to health and safety issues.  The granting or denial of applications for permits shall be at the sole discretion of the City Council.

66.040.    Use of fireworks with aerial trajectory prohibited.  Provided further, notwithstanding any ordinance or fire code provisions to the contrary, it shall be unlawful for any person to possess, throw, use, explode, detonate or shoot, within the city limits, bottle rockets, rockets of all types and sizes and any all fireworks with an aerial trajectory having a cylinder or cartridge holding a propellant charge, which cylinder or cartridge is not intended to be completely consumed before landing.

 

66.050.    Use of other fireworks limited.  It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such manner that the explosion of same will be likely to endanger or cause injury or damage to any person or property; provided further, that it shall be unlawful for any person to shoot or detonate fireworks of any nature within the city limits except on July 2 through July 5 between the hours of 8:00 A.M. and 11:00 P.M.

 

66.060.    Penalty.  Whenever an individual or corporation permits any act which is prohibited under the provisions of Chapter 66 regarding possession, manufacture, storage, sale, handling, and use of fireworks within the corporate City limits of Holden, then upon conviction of a violation of such provisions of this Code, the violator shall be punished by a fine or not less that Twenty Five Dollars ($25.00) and not exceeding Two Hundred Fifty Dollars ($250.00), or by imprisonment in the City of County jail not exceeding ninety (90) days or by such fine and imprisonment.

Chapter 67 – Maintenance of Public & Private Property

Chapter 67–Maintenance of Public and Private Property

 

67.010.    Prohibited disposition of refuse, generally.  It shall be unlawful for any person to throw away or place any garbage, refuse or trash of any sort in or upon the streets, sidewalks or public places, or upon vacant lots or premises not his own within the City.

 

67.020.    Drainage of unclean liquids from premises. It shall be unlawful for any person to conduct into any street or other public place, or upon any vacant lot, from any kitchen, house or other structure or premises, any filth or unclean water or other liquid, or suffer such filth or unclean water or other liquid to escape into any public place or upon any vacant lot, whenever they shall be notified any building or other structure of whatever character in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.

 

67.030.    Duty of owners, managers and occupants generally; nuisances.  No person who owns, manages or occupies any premises situated within the City shall suffer to exist in or upon such premises any stagnant water, animal or vegetable matter, or other substance or liquid liable to become putrid, offensive or injurious to the health of any citizen or inhabitant of this City; and it shall be the duty of each such person to keep such premises free of any such stagnant water, animal and vegetable matter and other such substances and liquids and to keep such premises reasonably free of other refuse as in this Chapter provided, and to keep all weeds and underbrush cut and to suffer none to bloom or go to seed.  Any condition found on any premises in violation of this or any other Section of this Chapter shall be deemed to be a nuisance.

 

67.040.    Duty of property owners as to decayed or diseased trees.

 

  1. It shall be unlawful for the owner of any lot or parcel of ground in the City to maintain or allow to stand upon such lot or parcel of ground any tree or tree limb which, due to a diseased, decayed or broken condition or for any other reason, endangers or is likely to injure any person or property in and upon a street or any adjacent property in the City, or to cause damage to any tree of other land owners by the spread of a contagious disease.
  2. It shall be the duty of the owner of any lot or parcel of ground in the City to properly cause such trees or tree limbs as are described in Subsection (1) of this Section to be cut down, and no tree or tree limb in the City which has been cut down or which has fallen or been broken down, shall be permitted to remain in or upon any sidewalk, street or adjacent property in the City, or so near thereto as to endanger any person thereon, and it shall be the duty of the owner of such lot or parcel of ground to cause the same to be promptly removed, and it shall be unlawful for any such owner to fail so to do.

 

67.050.    Maintenance of buildings and structures.  It shall be unlawful for the owner or caretaker of any parcel of ground in the City to maintain or allow to stand upon such lot or parcel of ground any building or other structure of whatever character in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.

 

67.060.    Recourse of City for violations of Chapter. Upon any complaint filed with the City Council relative to the violation of any provision of this Chapter, the City Council shall have an inspection made of such premises and if the condition which constitutes the alleged violation is found to exist, it shall be deemed a nuisance.  Upon order of the mayor, the city clerk shall issue written notice to the owner of such property if his address be known, or if not known to the caretaker or resident thereon if such exists, which notice shall direct such person to abate such nuisance within a period of time, not more than five days, to be stated in the notice; and it shall be unlawful for any person to whom such notice has been given to fail to comply with the requirement thereof.  Whenever the owner, caretaker or resident of any premises shall fail to abate any nuisance whereon within the time stated in a notice as provided in this Section, the mayor or his designee shall cause such nuisance to be abated and a special tax bill shall be issued for the total cost therefore against the property upon which labor is performed and such special tax bill shall be a lien upon such property.

 

67.070.    Trimming of trees, etc., prohibited.  It shall be unlawful and a nuisance for the owner, and the term “owner” shall include persons having the fee simple title to any lot, his rental agent or the agent or trustee of such owner who has control or management of such lot, of any lot alongside any intersecting street or alongside any street which enters or runs into another street to have or to permit any fence, wall, sign or signboard or billboard to be erected nearer than thirty feet to the curb of such street or to erect such street or to erect such structure to a greater height than three feet above the crown of the street at the point of intersection.  Every person owning any such lot shall keep all trees trimmed of limbs, branches and leaves which hang down or obstruct the vision between a point six feet above the crown of any such street and a point three feet above the crown of any such street where such trees are located nearer than eight feet from the curb of any such street.

It shall be unlawful and a nuisance for the owner of any such lot to keep or maintain any plants, flowers, shrubs, bushes, weeds or other vegetation, other than trees, on any such lot at a point nearer than eight feet to the curb line of any street at a greater height than three feet above the crown of such street, unless the same are trimmed of limbs, branches and leaves between a point six feet above the crown of such street and a point three feet above the crown of such street.

 

67.080.    Abatement, etc., by City.  In the event any obstruction to the view of any street intersection shall be maintained in violation of this Chapter, the City, after due notice to the owner to abate or remove such nuisance, may through the proper officer enter upon such real estate and remove any such obstructions to the view or trim any such plants, flowers, shrubs, bushes, weeds, trees or other vegetation which do not meet the requirements of this Chapter.  The cost of such work shall be assessed against the owner in the manner prescribed by law.

 

67.090.    (ORD # 24-97) Covenant and Restriction on Rose Chemical Property.  The City of Holden a municipality of the 3rd. Class under the laws of Missouri being the owner of the following described Real Estate in Holden, Johnson County, Missouri,

 

PARCEL 1: A part of the Southeast quarter of the Northeast quarter of

Section 10, Township 45, Range 28, in the City of Holden, Johnson County, Missouri, described as beginning at a point 870 feet East and 30 feet North of  the Southwest corner thereof, said point being 55 feet West of the Southwest corner of Lot 5 in Finney Addition and on the North line of Second Street, thence West 257 feet, thence North 234 feet, thence East 312 feet, thence South to the Northwest corner of Lot 5 in Finney Addition, thence West 55 feet, thence South 178 feet to the point of beginning.

PARCEL 2:  A part of the Southeast quarter of the Northeast quarter of

Section 10, Township 45, Range 28, in the City of Holden, Johnson County,

Missouri, described as follows: Beginning at a point 264 feet North of the Southwest corner thereof, thence North 584 feet, thence Southeastwardly 935 feet to the Northwest corner of Lot 7, in Finney Row Addition to the City of Holden, thence South 443 feet, thence West 925 feet to the point of beginning (EXCEPT that part thereof, sold to the City of Holden and contained, within a tract described as beginning at a point 313 feet North of the Southwest corner of Lot 5 in Finney Addition to the City of Holden, thence West 312 feet to an iron stake, thence South 313 feet to an iron stake on the North line of Second Street (said point being 312 feet West of the Southwest corner of said Lot 5 in Finney Addition, thence West 60 feet to an iron stake on the North right-of-way line of said Second Street, thence North 373 feet to an iron stake, thence East

372 feet, thence South 60 feet to the point of beginning). Subject to: (i) easements, restrictions and reservations now of record, (ii) the rights of the public in and to any part of the premises lying or being in public roads, alleys or highways and (iii) taxes and assessments, general and special, not now due or payable, does hereby make and declare said property to be subject to the following covenants.

 

  1. Drilling wells. No wells shall be drilled or installed in the shallow ground water for any purpose other than ground water monitoring for possible contamination.

 

  1. This covenant and restriction shall run with the land and shall be binding on all parties and all persons claiming under them for a period of 50 years from the date these covenants are recorded, unless an agreement with the owner duly executed by the U.S. Environmental Protection Agency, or its successor, agreeing to release or change the covenants i whole or part is recorded with the Recorder’s Office for Johnson County, Missouri.

 

  1. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate provision of this covenant to restrain violation and to recover damages.

Chapter 68 – Nuisances

(ORD # 2-97)

 

Chapter 68–Nuisances

 

68.010.    Nuisances prohibited.  No person, firm, corporation, entity, or others including owners, occupants, and those in charge of any  house, structure, building, lot, premises or other property within the city limits of Holden or within one-half mile thereof, shall permit, cause, commit or permit to be committed, keep, maintain, or fail to abate any nuisance as defined by the laws of this state or the ordinances of the City of Holden, Missouri, in or upon any house, structure, building, lot, premises, or other property within the City of Holden, Missouri or within one-half mile thereof.

 

(ORD. # 07-05) Nothing in this ordinance shall interpreted in a manner which prohibit the City of Holden from operating its Municipal Wastewater Treatment Plant within the corporate limits of the City or prohibit the City of Holden from applying their municipal sludge in a land application as permitted by Missouri Department of Natural Resources.

 

68.020.    Nuisances, defined.  The following are hereby defined, deemed, and declared to be nuisances for the purposes of this chapter and enforcement of its provisions;

 

  1. All substances which emit or cause foul, obnoxious, unhealthy, or disagreeable odor or effluvia.

 

  1. All carcasses of animals remaining exposed for twelve hours after death.

 

  1. Every meat shop, stable or barn or other building of any kind whatever, which emits or causes any offensive, disagreeable or nauseous smell or odor.

 

  1. All slop, foul or dirty water, filth, refuse, offal, discharged or allowed to accumulate in or upon any street, sidewalk, alley, pond, pool, or other place.

 

  1. Any organic or inorganic material that emit or cause an offensive smell or odor.

 

  1. All articles or things whatsoever, caused, kept, maintained or permitted by any person to the injury, damage, inconvenience or annoyance of the public or the general public welfare and good order.

 

  1. All pursuits followed or engaged in or acts done by any person or persons to the injury, annoyance, damage, danger, or inconvenience of the public.
  2. All ashes, cinders, slop, filth, excrement, sawdust, stones, rocks, dust, straw, sticks, shavings, bones, cans, paper, trash, rubbish, manure, refuse, offal, wastewater, fish, putrid meats, entrials, decayed fruits or vegetables, broken ware, rags, old iron, or other metal, old wearing apparel, all animal or vegetable matter, all dead animals, or any other offensive or disagreeable substance or thing thrown or left deposited, by anyone in or upon any street, alley, sidewalk, pond, pool of water, or other place.
  3. Any and all substances, materials, articles, things or vehicles, caused, kept, maintained or permitted to remain on or in any property including parked vehicles which constitute an immediate hazard, inconvenience or annoyance to the public or the general public welfare.

 

  1. Any unlawful act, or omission of any duty, or allowing or permitting any condition or thing to be or exist, which act, omission, condition, or thing either;

 

  1. injures or endangers the comfort, repose, health, or safety of others; or

 

  1. offends the decency of a reasonable person; or

 

  1. is offensive to the senses of a reasonable person; or

 

  1. unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any public or private street, highway, sidewalk, stream, ditch, or drainage area; or

 

  1. in any way renders other persons insecure in life, safety, or use of property; or

 

  1. substantially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.

 

  1. Any condition which provides harborage for rats, mice, snakes, and/or other vermin.

 

  1. All unnecessary or unauthorized annoying noises and vibrations, including animal noises.

 

  1. All disagreeable or obnoxious odors and stenches as well as the conditions, substances, or other causes which give rise to the emission or generation of such odors and stenches.

 

  1. The pollution and the condition resulting in the pollution of any cistern, stream, lake, canal, body of water, or public well be sewage, dead animals. creamery, industrial waste, or other polluting substances.

 

  1. Any house, building, structure, or other place or location where any activity which constitutes a violation of local, state, or federal law is conducted, performed, permitted, or maintained.
  2. Any accumulation of stagnate water maintained or allowed to remain on any property.

 

  1. Dense smoke, noxious fumes, gas, or suet.

 

  1. Dead trees and dead limbs of trees located that the falling thereof would endanger the safety of persons using any public property including sidewalks in the city, or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street, highway, or alley.
  2. Tree limbs and branches which overhang any public sidewalk or public street, highway, or alley of such height above sidewalk or street so as to impede and interfere with the use of the passage ways by any person or vehicle or which shall endanger the safety of any person using such passage way.

 

  1. Tree limbs, branches, bushes, or any other item located at an intersection which obstructs the view of the intersecting roadway for any driver lawfully stopped at such intersection.

 

(ORD. # 07-05) Nothing in the ordinance shall be interpreted in a manner which would prohibit the City of Holden from operating its Municipal Wastewater Treatment Plant within the corporate limits of the City or prohibit the City of Holden from applying their municipal sludge in a land application as permitted by Missouri Department of Natural Resources.

 

68.025     Authority to inspect.  The mayor, any police officer, or other authorized agent or employee of the city is hereby authorized to enter into or upon any premises, property, or structure in order to inspect for the existence of any nuisance.

 

68.030.    Nuisances Unlawful.   It shall be unlawful for any person, firm, corporation, or other entity to cause, permit, keep, commit, permit to be committed, maintain, or fail to abate any nuisance, and any person or entity violating any provisions of this chapter shall be guilty of a misdemeanor and for every day the nuisance shall remain shall constitute a distinct and separate offense.  No notice to abate any nuisance or administrative hearing shall be required as a prerequisite to the municipal prosecution and conviction of any person or entity violating any provisions of this chapter.

 

(ORD. # 07-05) Nothing in this ordinance shall be interpreted in a manner which would prohibit the City of Holden from operating its Municipal Wastewater Plant within the corporate limits of the City or prohibit the City of Holden from applying their municipal sludge in a land application as permitted by Missouri Department of Natural Resources.

 

68.040.    Notice and Non-Emergency Abatement of Nuisance; penalty.

 

  1. Whenever the Mayor or a police officer shall ascertain or have any knowledge that a nuisance exists in or upon any house, premises, property, or roadway within the City, or within one-half mile of the boundaries thereof, notice in writing shall be given to the person owning, occupying or having possession or control of such house, premises, or property that a nuisance exists and to abate or remove such nuisance, within a reasonable time to be stated in the notice.

 

  1. Any person notified as provided in the preceding section, who shall fail, neglect or refuse to comply with the notice within the time limit in such notice shall be deemed guilty of a misdemeanor, and every day thereafter that such person shall fail, neglect or refuse to abate or remove such nuisance he shall be deemed guilty of a separate offense and shall be proceeded against as in the first instance.
  2. If the owner or person occupying or having possession or control of any premises, building, or property upon which a nuisance is determined to exist in violation of this chapter, does not abate or remove the nuisance within the time stated in the notice to abate such nuisance, as provided for above, the City may enter in or upon such premises, building, or property and abate such nuisance. The cost and expense of such abatement by the City shall be delivered to the City Clerk and the City Clerk shall cause a special tax bill and shall be a lien on the property until paid.  A special tax bill shall not be issued against any property situated entirely outside of the city limits.

68.050.    Notice; Emergency Abatement; Owner or maintainer to pay cost; Appeal.

 

  1. Whenever the mayor of the City shall ascertain or have any knowledge that a nuisance exists and the nuisance is of such character as to pose an immediate and eminent threat to the public health, safety, or welfare, the mayor of the City shall have the authority to order the nuisance abated or removed at the owners expense.

 

  1. Within 24 hours of the abatement or removal of a nuisance under this section, the Mayor shall send notice of the nuisance’s emergency abatement or removal of the nuisance to the owner or maintainer thereof, indicating what was done with the nuisance, the reason for its removal or abatement, the cost of its removal or abatement, the storage location of the nuisance, and the cost of storage, if applicable.  The property abated or removed by authority of this section shall be deemed abandoned and shall be disposed of, either by sale or destruction, after thirty days unless the owner thereof contacts the City Clerk within ten days after the date of mailing the notice and arrangements are made to pickup the property.

 

  1. The owner or maintainer of the nuisance shall be taxed, by special tax assessment or tax lien, for the cost of emergency abatement or removal and storage of the nuisance but may appeal said special assessment or lien to the city council, by filing a notice of appeal to the city council, with the city clerk within 10 days of receipt of notice of the said abatement of removal.
  2. The city council may, after hearing and for good cause shown, waive all costs incurred in removing or storing the said nuisance.

 

68.055.    Method of Providing Notice.  All notices provided for in this chapter shall be given by personal service upon the person or entity to whom the notice is addressed if the person or entity resides or is located within the City, except as otherwise provided.  If such personal service is not obtained after reasonable effort has been made, or if the person or entity to be notified does not reside or is not located within the City, service shall be made upon the person or entity by mailing the notice by certified United States Mail return receipt requested, to the person or entity’s last known address or by posting such notice or the property, premises, or building in a conspicuous manner.  All notices served by mail or posting shall be deemed effectively served the date of mailing or posting.  All notices served as provided for in this section shall be deemed valid and sufficient notice.

 

 

 

 

 

 

68.060    Removal of snow and ice from sidewalks.  It shall be the duty of  all persons owning or occupying real estate in this City to remove all snow and ice on the sidewalk immediately in front of such property and to keep such sidewalks free and clear of snow and ice; and any such owner or occupant at any lot or parcel of ground in the City who shall refuse or neglect to remove the snow or ice on the sidewalk immediately in front of his lot or parcel of ground,

or allows the same to remain thereon, shall be deemed guilty of a misdemeanor and punished by a fine of not less than one dollar nor more than one hundred dollars.

Chapter 69 – Ambulance Service

Chapter 69–Ambulance Service

 

69.010.    License required.

 

  1. Ambulance service. No person either as an owner, agent or otherwise shall furnish, operate, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of transportation of patients upon the streets, alleys, public ways or places within the City, unless he holds a currently valid license for an ambulance service issued pursuant to this Chapter.

 

  1. No ambulance shall be operated, and no individual shall drive nor attend in or on the streets, alleys, or any public way or place within the City, unless it shall be currently licensed as an ambulance.

 

  1. Ambulance personnel. No person shall be employed nor otherwise permitted to drive, attend, or drive and attend an ambulance subject to this Chapter, unless he shall hold a currently valid license as an attendant, driver or driver-attendant, or an apprentice licensed for such position, issued pursuant to this Chapter.

 

  1. Licenses shall not be required for ambulance services which are:

 

  1. Owned and operated by an agency of the United States government or by the City of Holden, Missouri.

 

  1. Rendering requested assistance to ambulances currently licensed in cases of disaster or major emergency too great for local resources; or in response to the provisions of written community mutual aid agreements.

 

  1. Operated from a location or headquarters outside the City and transporting patients who are picked up outside the limits of the City to locations within the City, or through the City to other locations.

 

69.020.    Application for license.  Applications for a license hereunder shall be made on such forms as may be described, prepared or prescribed by the director and shall contain the following information:

  1. Name and address of the applicant and the trade name under which he (it) conducts business; if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of its principal officers and their addresses; and if a partnership, association, or unincorporated company, the names of the partners or other persons comprising the association or company and the business and residence address of each partner or person.

 

  1. The number of vehicles to be operated or controlled by the applicant and a description of each vehicle and an itemization of all equipment in each such vehicle.

 

  1. Name and address of each employee and statement of qualifications of each such employee as an ambulance driver or attendant.

69.030.    Licensee requirements.  There shall at all times be at least one duly qualified person attending patients being serviced by said ambulances, said attendant to be instructed in first aid procedures and having received a valid certificate of passage of an advanced First Aid course from the American Red Cross, or its equivalent.

 

69.040.    Duty of director.  Under the provisions of this Chapter, the director is hereby empowered and ordered to:

 

  1. Accept applications for all types of licenses issued pursuant to this Chapter, and to cause such investigation as he deems necessary to be made of the applicant and\or of his proposed operations.

 

  1. Issue the appropriate license hereunder, each to be valid for a period of one (1) year unless earlier suspended, revoked or terminated when he finds that:

 

  1. The public convenience and necessity require the proposed ambulance service.

 

  1. Each ambulance, and its required equipment designated in the application, have been certified as provided for herein.

 

  1. The applicant is a responsible and proper person to conduct or work in such a service.

 

  1. Only duly qualified drivers and attendants are employed in such capacities.

 

  1. All the requirements of this Chapter and the city ordinances of Holden and all other applicable laws have been met.

 

  1. Examine or cause to be examined, all ambulance personnel applicants.

 

  1. Reinspect, reexamine, or cause reinspection or reexamination within 30 days prior to renewal of licenses, for any and all of the requirements relative to the license to be renewed.
  2. Revoke or cause the revocation of any license issued pursuant to this Chapter when there is due cause for such revocation. License holders wishing to appeal shall be granted an administrative hearing by the director of the City within 30 days of request of such proceedings.

 

  1. Be qualified for emergency medical training.

 

  1. Be in charge of the ambulance personnel schedule.

 

  1. Be in charge of billing and upkeep of files.

 

  1. Be responsible for the vehicles’ maintenance and insure that said vehicles pass state inspections and state regulations.

 

  1. Be in charge of making volunteer payroll.
  2. Be in charge of all personnel matters. Should problems arise with personnel, the director shall report said action or problems to the committee, who then at their discretion may forward the information to the city council.

 

  1. Be in charge of personnel training.

 

  1. Be in charge of purchasing with permission of the city council.

 

  1. Be responsible for filing of insurance claims.

 

69.050.    False information contained in the application.  False information contained in an application for a license hereunder shall be considered sufficient grounds for denial of said license.

 

69.060.    Liability insurance.

 

  1. No ambulance service license shall be issued under this Chapter, nor shall such license be valid, nor shall any ambulance be operated in the City unless there is at all times in force and effect insurance coverage, in an amount to be determined by the director issued by an insurance company licensed to do business in the State of Missouri, for each and every ambulance owned and/or operated by or for the applicant or licensee, providing for the payment of damages:

 

  1. For injury to or death of individuals in accidents resulting from any cause for which the owner of said vehicle would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agent; and

 

  1. For the loss of or damage to the property of another under like circumstances.

 

  1. Said insurance policies shall be submitted to the director for approval prior to the issuance of such ambulance license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the director, in such form as he may specify, by all licensees required to provide such insurance under the provisions of this Chapter.

 

  1. Every insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that the liability of the insurer shall not be affected by the insolvency of the bankruptcy of the assured, and that until the policy is revoked or expires, the insurance company will not be relieved from liability on account of non-payment of premium, failure to renew license at the end of the year, or any act or omission of the named assured. Such policy of insurance shall be further conditioned for the payment of any judgments up to the limits of said policy recovered against any person other than the owner, his agent or employee, who may operate the same with the consent or acquiescence of the owner.

 

 

 

  1. Every insurance policy required hereunder shall extend for the period to be covered by the license applied for and the insurer shall be obligated to give not less than 30 days written notice to the director and to the assured before any cancellation or termination thereof earlier than its expiration date and the cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued for the ambulances covered by such policy, unless another insurance policy complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination.

 

69.070.    Vehicles must be kept in a clean and sanitary condition.  Every vehicle operated under this Chapter shall be kept clean and sanitary according to rules and regulations which may from time to time be promulgated by the director.

69.080.    Rates and charges.  The charges for ambulance service in Holden shall be made and approved by the city council of the City of Holden and will be posted in the ambulance office and with the city clerk.

 

69.090.    Revocation of license.

 

  1. The director may, and is hereby authorized to, suspend or revoke a license issued hereunder for failure of a licensee to comply and to maintain compliance with, or for his violation of any applicable provisions, standards or requirements of this Chapter or of regulations promulgated hereunder, or of any other applicable laws, ordinances, or regulations. Before issuing a suspension or revocation notice, the director shall first give the licensee a written notice to comply within ten days.  Should licensee fail to comply to the satisfaction of the director within the ten-day period, he may issue a suspension or revocation notice to the licensee.  Within thirty days after a suspension, the licensee shall be afforded a hearing, after reasonable notice.  The director shall, within ten days after conclusion of such hearing, issue a written decision (which shall include written findings of fact) as to the suspension of said license.  Such written decision shall be promptly transmitted to the licensee to whom it refers.

 

  1. The initial, semi-annual or other inspection reports of the director herein provided for, shall be prima facie evidence of compliance or noncompliance with, or violation of, the provisions, standards and requirements provided herein, and of the regulations promulgated hereunder, for the licensing of ambulances.

 

  1. Upon suspension, revocation or termination of license hereunder such licensee shall cease operations.
  2. Revoked licenses shall be surrendered immediately to the director.

 

69.100.    Vehicle equipment requirements.  No vehicle may be used as an ambulance unless it has in good working order the following equipment:

 

  1. Electrically powered siren or sirens, mounted in compliance with state motor vehicle regulations. May be standard or coaster sirens or electric sirens at the option of the owner.  Audible signals should be of sufficient pitch to be noticeable at least 500 feet from the ambulance vehicle.

 

  1. A minimum of two flashing red lights aimed forward, at a level from the ground which permits easy visibility through the rear window of vehicles traveling the same direction.

 

  1. The name of the owner or company shall be designated on the vehicle either on the sides or in the front and rear, in such a manner as will make it easy to identify the ownership of the vehicle.

 

  1. Proper designation-“Ambulance”, “Rescue”, “Mobile Emergency Unit”-shall appear on the vehicle, facing front and rear in sufficient size lettering to make identification of the vehicle easily recognizable.

 

  1. Access shall be provided to the driver’s compartment from either side of the vehicle and to the patients’ compartment from the rear and the curb side front of the vehicle.

 

  1. Illumination shall be adequate throughout the patients’ compartment that provides a minimum intensity of 40 foot candle power for the observation of vital signs at the level of the patients. Windows, if provided, should insure privacy and safety.

 

  1. Interior surfaces of the patients’ compartment shall be insulated, resistant to water, heat and chemicals and easily cleaned.

 

  1. Equipment, installed and portable, and all supplies shall be positioned for ready accessibility and not impinge on litters or access areas. Storage cabinets and installed equipment shall be designed or positioned for protection from projecting injurious objects, including recessed ceiling hooks for suspension of intravenous fluid containers.

 

  1. Four (4) oropharyngeal airways for adults, children and infants (2 each side). Four (4)mouth-to-mouth breathing tubes (“S” Tubes).  Four (4) mouth gags or tongue blades taped together.

 

  1. One (1) permanently installed suction device capable of a vacuum of at least 300 mm. Hg., when the tube to the suction tip is clamped. Suction force should be controllable.  One (1) portable suction device adequate for pharyngeal suction.

 

  1. One manually operated, self-re-filling, portable bag-maskvalve unit which operates on air or oxygen enrichment.
  2. Two (2) portable oxygen supplies large enough to provide an oxygen flow of ten (10) liters per minute for at least thirty (30) minutes. One (1) installed oxygen supply of at least 5,000 liters, with sufficient yokes, reducing valves, flowmeters, regulators, tubes, and mask for four (4) patients.  A humidifier with sterile water and unbreakable bottle shall also be available.

 

  1. One (1) backboard shall be readily available and when placed under the patient on a litter, shall provide the necessary resistance for external cardiac compression. Cardiac compression machines may be carried to provide compression.
  2. One (1) short and two (2) long spine boards with appropriate straps, one (1) scoop stretcher may be substituted for one (1) long spine board. Two (2) lower extremity traction splints with padded ankle-hitch  or skin traction device.  Four (4) triangular bandages for fractures of shoulder and upper arm.  Two (2) each length of 15, 36 and 54 inches of splints made of wood, plastic, canvas, wire or other appropriate materials for immobilization of fractures.

 

  1. Twenty-four (24) each size 4 x 4 or 4 x 8 sterile gauze pads for covering wounds.  Six (6) each size of 4 inch width soft roller or elastic bandages.  Six (6) sterile nonporous dressings for occlusion of sucking chest wounds.  Four (4) universal dressings, approximately ten (10) by thirtysix (36) inches, folded to 10 x 9 for covering large wounds, including burns.  Two (2) sterile sheets (for burns).  Four (4) rolls each of adhesive tape-1, 2 and 3 inch width.  Two (2) bandage shears.

 

  1. Activated charcoal and syrup of ipecac shall be provided, as well as potable water and equipment for oral administration and for irrigation of the conjunctiva and skin, or one (1) poison kit.

 

  1. Two (2) fire extinguishers. Two (2) pillows.  Four (4) sheets.  Two (2) pillow cases.  Four (4) towels.  Two (2) boxes tissues.  Four (4) emesis basins.  One (1) bed pan.  One (1) urinal.  Four (4) thermometers.  One (1) aneriod blood pressure manometer.  One (1) stethoscope.  Three (3) sandbags.  Restraints for violent patients.  Container for used paper and linen items.  Two (2) disposable OB kits.

 

69.110.    Records.  Each licensee of an ambulance hereunder shall maintain accurate records concerning the transportation of each patient within the City as follows;

 

  1. Daily log of each and every ambulance run accepted, with consecutive entries of calendar date, time of day, patient identification, patient destinations, general classification of emergency, condition of patient on arrival at destination, and such other data as the director may prescribe by regulation.

 

  1. Trip ticket for each ambulance run containing the information required in Subsection 1 above and such other entries as the ambulance service may desire or the director may require by regulation. The director may establish a standard trip ticket form and require timely submission to this office of duplicate copies by each licensee.
  2. Records will be retained by the legally responsible owner or operator for three (3) years, readily available for inspection as may be ordered by the director, notwithstanding transfers, sale or discontinuance of the ambulance service or business.

 

69.120.    Obedience to traffic laws, ordinances and regulations.

  1. The driver of an ambulance, when responding to an emergency call or while transporting a patient, may exercise the privileges set forth in this section but subject to the conditions herein stated, and only when the licensed attendant has reasonable grounds to believe that an emergency in fact exists requiring the exercise of such privileges.
  2. Subject to the provisions of subsection 1 hereof, the driver of an ambulance may;
    1. Park or stand, irrespective of the otherwise applicable provisions of law, ordinances or regulations;

 

  1. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

 

  1. Exceed the maximum speed limits permitted by law, ordinance or regulation so long as he does not endanger life or property;

 

  1. Disregard laws, ordinances or regulations governing direction or movement or turning in specified directions;

 

  1. The exemptions herein granted shall apply only when such ambulance is making use of audible and visual signals meeting the requirements of law, ordinance or regulation;

 

  1. The foregoing provisions shall not relive the driver of an ambulance from the duty to drive with regard for safety of all persons, nor shall such provisions protect the driver from the consequences of his disregard for the safety of others.

 

69.130.    Compliance with provisions of Federal Highway Safety Act of 1973.  Each licensee of an ambulance hereunder shall comply with the provisions of the federal Highway Safety Act of 1973 as they pertain to the operations of ambulances.

 

69.140.    Penalties for violation.  Every person who is convicted for violation of any of the provisions of this Chapter shall be punished by a fine not exceeding $500 or imprisoned for a period not exceeding ninety (90) days or by both such fine and imprisonment.