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Chapter 13
NUISANCES*
Art. I. In General, §§ 13-1—13-20
Art. II. Reserved, §§ 13-21 – 13-29
Cross references – Female dogs in heat declared a nuisance, § 5-47; dangerous buildings declared a nuisance, § 6-99; prostitution establishments declared public nuisances, § 14-155; enumeration of ordinances saved from repeal pertaining to condemnation, appropriation of property, App. J.
State law reference – Municipal authority to suppress nuisances, RSMo 71.780, 77.530, 77.560
ARTICLE I. IN GENERAL
Sec. 13-1. Prohibited.
No person shall permit, cause, keep, maintain or do any nuisance or contribute to the same as defined by the laws of this state, provisions of this Code or the other ordinances of the city, or cause or permit to be committed, caused, kept, maintained or done or contribute to the committing., causing, keeping or maintaining any such nuisance within the corporate limits of the city or within one-half mile of the city corporate limits.
(Code 1970, § 12-24)
Sec. 13-2. Enumeration.
The following are hereby declared, defined and deemed to be nuisances for the purposes of this article and this Code; provided however that this list is non-exclusive and does not alter any other nuisances as defined by common law, statute or other provision of this code:
(1) All substances which emit or cause foul, obnoxious, unhealthful or disagreeable odor or effluvia, in the neighborhood where they exist;
(2) All carcasses of animals in any state of decomposition;
(3) Debris, cut and fallen trees and/or shrubs, rubbish and trash, lumber not piled twelve (12) inches off the ground, rocks and/or bricks, tin, steel, parts of automobiles, derelict automobiles, automobile frames, broken furniture.;
(4) Manure from cow lots, horse stables, poultry yards, pigeon lofts;
(5) Waste oils from garages or filling stations;
(6) The keeping or allowing to remain on any premises any trees, shrubs or other vegetation infected with fungus or other diseases that will or might spread to other noninfected trees, shrubs or other vegetation;
(7) All slop, foul or dirty water, filth, refuse or offal, discharged in or upon any street, avenue, sidewalk, alley, park, public square or public enclosure, or allowed to accumulate there, or in a pond or pool whether the pond or pool be public or private;
(8) Any material which is unhealthy or unsafe;
(9) Any flammable material which may endanger public safety; or
(10)Any article or thing whatsoever that may injure, inconvenience, endanger, harm or annoy the health, welfare, morals or safety of the inhabitants of the City of Warrensburg;
(11)Any house, building, structure or other place or location where any activity is carried on, maintained or permitted which constitutes a violation of local, state or federal law;
(12)Dense smoke, noxious fumes, gas or suet.
(13)Any abandoned, discarded or openly accessible icebox, refrigerator or other airtight or semiair-tight container of a capacity of one and one-half (1 ½)cubic feet and an opening of fifty (50) square inches or more which has hinges or a latch or fastening device which may secure the door or lid. Any such object is declared to pose an immediate threat to public health safety and welfare and shall constitute and emergency;
(14)Any vehicle used for garbage or rubbish disposal which is not equipped with a watertight metal body and provided with a tight metal cover or otherwise constructed to prevent any contents from leaking, spilling, falling or blowing out of such vehicle at any time except while being loaded or unloaded, or not covered so as to prevent offensive odors from escaping therefrom;
(15)Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, insect larvae or maggots, mosquito larvae or hookworm larvae.
(Code 1970, §§ 11-22, 11-23, 12-25; Ord. No. 3951, § 1, 10-11-04)
Sec. 13-3. Notice to abate.
(a) Whenever the director of community development or their designee shall ascertain or have knowledge that a nuisance exists in or upon any house, building, lot or premises within the city or within one-half mile of the city limits,they shall, in writing, notify the owner or person occupying or having possession and control of such house, building, lot or premises, to abate or remove such nuisance within a time to be specified in such notice which time shall not exceed seven (7) days, and shall be at least five (5) days.
(b) Should the city intend to enter the property and cause the nuisance to be abated in a nonemergency situation, and additional notice of this intent shall be served to the owner or owners of the property as required in subsection (c) of the city’s intent to cause the nuisance to be abated. Such notice shall be delivered as set forth herein at least seven (7) days before the city causes the nuisance to be abated.
(c) Any notice required in this chapter shall be served personally, or by U.S. mail to the owner or owners, or his or their agents, or by posting such notice upon the premises or property in question. Written notice required hereunder shall be deemed received when mailed if not personally served or served by posting.
(d) Any person receiving a notice or owning or occupying property posted with notice under subsection (b) may, within five (5) days after receipt thereof or posting, whichever occurs first, request a hearing before the city manager or his designee to contest the decision of the director of community development that a nuisance exists on their property. Any such person shall have a right to appear at such hearing to be represented by counsel, and to present evidence and cross-examine witnesses. Such hearing shall be held within thirty (30) days of receipt of the request. In the event the city does not seek to abate the nuisance itself, no such hearing shall be given and the owner may dispute the existence of the nuisance in a trial before the municipal court for violation of this chapter.
(e) In cases where the city officials find that a nuisance exists in violation of this chapter which constitutes an immediate threat to public health, safety or welfare such that serious physical injury, sickness or loss of life is possible they shall cause the same to be abated immediately.
(1) If any property must be removed to abate the nuisance, the same shall be stored at the owner’s expence for ten (10) days.
(2) If, after ten (10) days of sending the notice required in subsection 13-6(4) the owner of the property does not appeal the decision, or reclaim the property removed it shall be deemed abandoned and may be disposed of or sold by the city.
(Code 1970, § 12-26; Ord. No. 3951, § 2, 10-11-04)
Sec. 13-4. Failure to comply with notice to abate nuisance prohibited.
It shall be unlawful for any person who has been notified to abate a nuisance to fail, neglect or refuse to obey and comply with the provisions of such notice within the time therein specified.
(Code 1970, § 12-27)
Sec. 13-5. Non-emergency abatement by city.
If the owner or person occupying or having possession and control of any premises upon which a nuisance is determined to exist in violation of this chapter does not abate the same within the time stated in the notice to abate such nuisance, or any order entered after hearing, the city officials or their representatives may enter upon such premises and abate such nuisance. All entry upon private property shall be in accordance with section 13-9.
(Code 1970, § 12-28; Ord. No. 3951, § 3, 10-11-04)
.
Sec. 13-6. Recoupment of costs.
Any costs incurred by the city in abating or removing any nuisance under this chapter may be recovered by any one of the following:
(1) By any suit at law or in equity as allowed by law; or
(2) Requiring payment of the same may be made a part of any judgment of conviction in the municipal court for violation of section 13-4 in addition to any fine imposed; or
(3) The official or other person causing the abatement or removal of the nuisance shall certify the costs of the same to the city clerk who shall cause a special tax bill to be prepared and filed of record with the county collector, which lien shall be a first lien on the property until paid and a personal debt of the owner. Such bills shall be prepared and delivered by June first of each year and shall bear interest of eight (8) percent per annum until paid. Prior to submission of the prior year’s tax bills hereunder, the list shall be submitted to the city council for review and approval by resolution.
(4) In the case of an emergency abatement under subsection 13-4(4), the city shall within forty-eight hours of abating the nuisance, notify the owner in accordance with the procedures in subsection 13-3(c) of the property of the nature of the emergency requiring abatement, the actions taken, including storage of property, and the cost of the same. The owner may, within ten (10) days of sending of the notice request a hearing from the city manager or their designee on the reasonableness of the costs of abatement.
a. If after the hearing, the hearing officer shall determine the costs of abatement should be waived, the same may be waived.
b. If no appeal is sought, or if after hearing costs are not waived, all costs of abatement, including any storage fees, shall be charged against the owner and the property as set forth in subsections (1)-(3) herein.
(5) Costs recoverable hereunder shall include, but not necessarily be limited to:
a. Bills submitted by contractors performing abatement.
b. Costs of certified mail, film, materials, notification and documentation.
c. Time or wages paid to city employees in connection with the matter.
d. Legal fees incurred by the city for the matter.
(Or. No. 3951, § 4, 10-11-04)
Sec. 13-7. Effect of nuisances on permits and licenses.
No license or permit of any kind shall be issued to any person or entity under any provision of this Code if that person or entity, or the legal representative of that person or entity:
(1) Has failed to obey an order or notice to remove a nuisance under this chapter or chapters 25 or 11 of this Code; or
(2) Has failed to pay the city for any debt incurred in removal or abatement of a nuisance by the city, under any chapter of this code, whether that debt is also a lien on the property or a personal judgment; or
(3) Is otherwise in continuing violation of any other provision of this Code of Ordinances; or
(4) Owes any sum of money to the city until such sum is fully paid.
(Ord. No. 3951, § 5, 10-11-04)
Sec. 13-8. Smoke.
(a) The emission or discharge of any smoke, fume, gas or suet declared a nuisance hereunder shall constitute an offense;
(b) Any owner, occupant, lessee, manager, or agent of any building, establishment, or premises from which dense smoke, fumes, gases or suet is emitted shall be guilty of an offense and shall pay a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100.00) for each day of violation;
(c) It shall be a defense to a charge under this section that there is no known practicable device, appliance or means to prevent the discharge alleged to be a violation.
(Ord. No. 3851, § 6, 10-11-04)
Sec. 13-9. Enforcement, right of entry and relief of liability.
(a) The provisions of this chapter shall be enforced by the “code enforcement inspector” or other agents of the city so hired and directed by the city manager to do so and shall hereinafter be referred to as the “inspector.”
(b)Whenever the inspector shall ascertain, or have knowledge that a violation may exist, the inspector may lawfully enter, during daylight hours, with or without the owner’s permission, without being deemed to have committed trespass, into or upon the following private property that is within the city limits:
(1) Any structure which is open or unsecured and which would not reasonably be perceived as a place of residence or dwelling, except that such structure may be attached to a place of residence such as an open carport;
(2) Any place of dwelling which is open or unsecured and which the inspector reasonably believes to be abandoned, uninhabited, legally uninhabitable or otherwise not lived in; or
(3) Any lot;
And shall do so for the purposed of investigating, inspecting, abating, or removing any violation pursuant to this chapter, provided that proper identification shall be displayed on the inspector’s outer clothing.
(c) The limited right of entry of subsection (b) shall be extended to any person hired by the city, or that person’s employees, for the purpose of abating or removing a violation of this chapter, or for the purpose of obtaining legal or professional assistance or counsel for the city. Such person may only do in such manner, and at such time, and for such purpose as directed by the city.
(d) Whenever the inspector shall ascertain or have knowledge that a violation may exist, the inspector may lawfully enter into or upon private property within the city limits, that is known to be a structure of residence or dwelling or otherwise lawfully occupied, by presenting the owner or the occupant with proper identification and requesting permission to enter. If the inspector is denied consent to enter a lawfully occupied structure, or if an unoccupied structure cannot be entered by reasonable means, the inspector shall apply to the judge of the municipal court for a search warrant. The judge, upon finding of reasonable cause that this chapter is being violated, shall issue such warrant. The judge may consider any of the following factors in deciding whether a warrant shall be issued: (1) eyewitness accounts of violation; (2) citizen complaints; (3) “plain view” violations; (4) violations apparent from city records; (5) nature of alleged violations (threat to life, health, safety or property); (6) previous violations on the premises.
(Ord. No. 3951, § 7, 10-11-04)
Sec. 13-10. Prosecution.
(a) Abatement by the city of any violation of this chapter shall not limit the city’s right to criminally prosecute any person, nor shall prosecution limit the right of the city to initiate, continue or finish abatement of the violation, nor shall prosecution limit the city’s right to pursue assessment or collection of abatement costs incurred by the city.
(b) Each day that any violation of this chapter shall continue shall constitute a distinct and separate offense.
(Ord. No. 3951, § 8, 10-11-04)
Secs. 13-11 – 13-20. Reserved.
ARTICLE II. RESERVED*
Secs. 13-21 – 13-29. Reserved.
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*Editor’s note-Ord. No. 3951, § 9, adopted Oct. 11, 2004, repealed Art. II §§ 13-21 – 13-29, which pertained to damaged, disabled vehicles and junk, and derived from Code 1970, §§ 16-116 – 16-124.
ARTICLE II. DAMAGED DISABLED VEHICLES AND JUNK. *
Sec. 13-21. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Automobile salvage yard shall mean any establishment, area, or place of business maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or parts thereof.
Junk shall mean any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use.
*Cross references – Secondhand goods, Ch. 19; traffic and motor vehicles, Ch. 23.
State law references – Disposal of vehicles left unattended on highways, RSMo 304.155; abandoning motor vehicles, RSMo 577.080; junkyards, RSMo 226.650 et seq.
Junkyard shall mean an establishment, area or place or business maintained, operated or used for the storing, keeping, buying or selling or junk or for the operation of an automobile salvage yard, a garbage dump or sanitary fill.
Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(Code 1970, § 16-116)
Cross reference – Definitions and rules of construction generally, § 1-2
State law reference – Similar definitions, RSMo 226.660, 300.010
Sec. 13-22. Damaged or disabled vehicles and junk declared nuisance; exception.
(a) Any damaged or disabled vehicle or part thereof or junk located on any property, street or highway which presents a hazard to children, or harbors tall grass, weeds or other vegetation, creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats or other vermin; or any vehicle part thereof or junk allowed to remain unmoved on any street or highway for forty-eight (48) hours, is hereby declared a public nuisance.
(b) Whenever a junkyard or automobile salvage yard has been duly authorized and licensed by the city and is in conformance with all applicable portions of this Code and other ordinances of the city as well as state law, such junkyard or automobile salvage yard shall not constitute a public nuisance.
(Code 1970, § 16-117)
Sec. 13-23. Unlawful to maintain nuisance.
It shall be unlawful for any person to create or maintain a nuisance as defined in section 13-22.
(Code 1970, § 16-118)
Sec. 13-24. Notice to abate nuisance.
(a) Whenever the chief of police determines that any vehicle or junk is a nuisance under this article, he shall cause written notice to be served upon the owner of the vehicle or junk, if he can be located or the person in custody of such vehicle or junk, by certified mail or by personal service. The notice shall state that the vehicle or junk is deemed a nuisance within the provisions of this article, and shall briefly state facts deemed to constitute such vehicle or junk a nuisance within the terms of this article, and state that the nuisance shall be abated within seven (7) days from receipt of such notice.
(b) Any person receiving a notice under subsection (a) may, within five (5) days after receipt thereof, request a hearing before the city council to contest the decision of the chief of police that his property constitutes a nuisance. Any such person shall have a right to appear at such hearing with counsel and to examine and cross-examine witnesses.
(Code 1970, § 16-119)
Sec. 13-25. Proceedings when owner or custodian cannot be located.
When the owner or custodian of any property constituting a nuisance under this article cannot be located by reasonable search, the notice shall be attached to the property, briefly stating facts deemed to constitute the property a nuisance and stating that the nuisance shall be abated within twenty (20) days of the date notice was posted, or if the vehicle or junk is on public property within (7) days of the date notice was posted.
(Code 1970, § 16-120)
Sec. 13-26. Duty of the owner or custodian to comply with notice.
Any person receiving the notice provided for in section 13-24 shall comply with the provisions of the notice requiring abatement. Failure to comply with this provision is unlawful.
(Code 1970, § 16-121)
Sec. 13-27. Disposition.
If not removed within the times specified in the notice, the vehicle or junk constituting the nuisance shall be transported to a storage area by or at the direction of the chief of police at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least thirty (30) days, and the person entitled to possession thereof may redeem the property by payment to the city of the actual cost of its removal and a reasonable storage fee. If the vehicle or junk is unredeemed after the expiration of the thirty-day period, the chief of police may sell it to the highest bidder, or if it has not sale value, may otherwise dispose of it. Any money received from disposal of any vehicle or junk shall be applied to the expenses charged to the owner or person in charge thereof.
(Code 1970, § 16-122)
Sec. 13-28. Notice of sale.
Prior to the sale of any nuisance property under this article, the chief of police shall cause to be published in a newspaper of general circulation within the city a notice of sale stating:
(1) That the city is selling abandoned property;
(2) The color, make, year, motor number, and serial number if available and any other information necessary for an accurate identification of the property;
(3) The terms of the sale;
(4) The date, time and place of the sale.
This notice shall be published not less than ten (10) nor more than thirty (30) days prior to the date of the sale.
(Code 1970, § 16-123)
Sec. 13-29. Right of entry.
The chief of police may lawfully enter upon private property for inspection or for the purpose of removing any vehicle or junk in accordance with this article.
(Code 1970, § 16-124)
If a written answer to a complaint is filed with the human relations commission before the date of the hearing, the commission will inform the aggrieved party of this fact by telephone or in writing. The commission shall also allow the aggrieved party to make a copy of the answer.
(Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-44), 10-8-84)
Sec. 12-46. Rights to legal council.
The human rights commission shall be represented by the city counselors at each hearing. The aggrieved person and the person against whom relief is sought may employ legal counsel, if desired and have legal counsel represent him and any hearings.
(Code 1970, § 12 ½ -36; Ord No. 2200, § 2(14-45), 10-8-84)
Sec. 12-47. Rules for hearings; evidence; witnesses; records.
The human relations commission shall conduct a hearing according to the following rules:
(1) Oral evidence shall be taken only on oath or affirmation;
(2) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him to testify and to rebut the evidence against him;
(3) A party who does not testify in his own behalf may be called and examined as if under cross-examination;
(4) Each agency shall cause all proceedings in hearing before it to be suitable recorded and preserved. A copy of the transcript of such a proceeding shall be made available to any interested person upon the payment of a fee which shall in no case exceed the reasonable cost of preparation and supply.
(Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-46), 10-8-84)
Sec. 12-48. Commission members to hear or read evidence.
Each member of the human relations commission who joins in rendering a conciliation shall, prior to such conciliation, either hear all the evidence, read the full record including all the evidence or personally consider the portions of the record cited or referred to in this arguments. The parties to a contested case may by written stipulation or by oral stipulation in the record at a hearing waive compliance with the provisions of this section.
(Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-47), 10-8-84)
Sec. 12-49. Conciliation in writing; notice of conciliation.
Every conciliation in a case shall be in writing and the conciliation shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the conciliation is based. If a conciliations is reached the human relations commission shall give written notice of the conciliation by delivering or mailing such notice to each party, or his attorney of record, and shall upon request furnish him with a copy of the conciliation, findings of fact and conclusions of law..
(Code 1970, § 12 ½ -36; Ord No. 2200, § 2(14-48), 10-8-84)
Sec. 12-50. Confidentiality of proceedings; exception.
The human relations commission shall not disclose the nature or contents of any investigation, hearing, proceeding, report or memorandum. It may conduct or generate in its efforts to resolve any complaint of a violation of this chapter without legal action. If the commission is unable to eliminate an alleged discriminatory practice by conference and conciliation, it shall forward the complaint to the city attorney for determination as to whether or not to prosecute on the complaint.
(Code 1970, § 12 ½ - 36; Ord. No. 2200, § 2(14-49), 10-8-84)
Sec. 12-51. Injunctive relief.
Instead of filing a complaint in municipal court the city attorney may seek to have the alleged discriminatory practices abated by bringing action for an injunction to be maintained in the appropriate state court as an alternative remedy to any other penalty provided by this Code.
(Code 1970, § 12 ½ - 37; Ord. No. 2200, § 2(14-50), 10-8-84)
Sec. 12-52 – 12-65 Reserved.
ARTICLE III. FAIR HOUSING CODE.
Sec. 12-66. Policy on fair housing.
It is the policy of the city to eliminate discrimination and safeguard the rights of any person to sell, purchase, lease, rent, or obtain real property without regard to race, color, sex, disability, familial status or national origin.
(Ord. No. 3399, § 1, 1-11-99)
Sec. 12-67. Definitions.
As used in this article, the following terms shall have the meanings ascribed to them in this section:
Aggrieved person shall include any person who is attempting to provide housing for himself and/or his family in the city.
Discriminate shall mean distinctions in treatment because of race, color, religion, sex, disability, family status, or national origin of any person.
Person shall include any individual, firm, partnership, or corporation.
(Ord. No. 3399, § 1, 1-11-99)
*Editor’s note – Ord. No. 3399, adopted Jan. 11, 1999, repealed and enacted a new Art. III. To read as set out herein. Former Art. III. Pertained to similar subject matter and derived from the 1970 Code and Ord. No. 2200, adopted Oct. 8, 1984.
Cross reference – Building and building regulations, Ch. 6.
State law reference – Discriminatory housing practices, RSMo 213.100 et seq.
Sec. 12-68. Discrimination in the sale or rental of housing.
It shall be unlawful for any person to:
(1) Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, familial status, or national origin.
(2) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, disability, familial status, or national origin.
(3) Make, print, or publish, or cause to be made, printed or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
(4) Represent to any person because of race, color, religion, sex, disability, familial status, or national origin, that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood or a person or persons of a particular race, color, religion, sex, disability, familial status, or national origin.
(6) Discriminate in the sale or rental of housing on the basis of a disability of that buyer or renter; a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that buyer or renter. The design and construction of new multi-family dwellings containing four (4) or more units is required to meet certain adaptability and accessibility requirements in accordance with Section 804 of the Federal 1988 Fair Housing Amendments Act.
(7) Discriminate in the sale or rental of housing on the basis of familial status or because a family has children, exempting certain types of buildings that house older persons in accordance with Section 807 of the Federal 1988 Fair Housing Amendments Act.
(Ord. No. 3399, § 1, 1-11-99)
Sec. 12-69. Discrimination in the financing of a house.
It shall be unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan to a person applying therefore for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against any person in the fixing of the amount or conditions of such loan, because of the race, color, religion, sex, disability, familial status, or national origin of such person, or of any person therein associated in connection with such financing.
(Ord. No. 3399, § 1, 1-11-99)
Sec. 12-70. Administration.
(1) Any person who believes that he or she has been a victim of discrimination prohibited by this article may file a complaint with the city human relations commission, as set out in sections 12-26 through 12-51 of this chapter.
(2) Any person who believes that he or she has been a victim of discrimination prohibited by this article may file a complaint with the city prosecutor for violation of this article.
(3) The filing of a complaint with the human relations commission shall not prevent the filing of a complaint with the city prosecutor, nor shall the filing of a complaint with the city prosecutor prevent the filing of a complaint with the human relations commission.
(4) Nothing in this article shall be construed in such manner as to limit administrative enforcement mechanisms and recourse against alleged discriminatory housing practices through the U.S. Department of Housing and Urban Development, as specified under Section 810 of the Fair Housing Act as amended effective March 12, 1989, or through the Missouri Commission on Human Rights, as specified in applicable state statutes.
(Ord. No. 3399, § 1, 1-11-99)
Sec. 12-71. Penalties.
(1) Any person convicted of violating any provision of this article shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months or by both such fine and imprisonment; as may be just for any offense, recoverable with costs of suit.
(2) The city prosecutor, instead of filing a complaint in municipal court may, as an alternative remedy, seek to have the alleged discriminatory practice(s) abated by an action for an injunction to be maintained in the appropriate Circuit Court of the State of Missouri.
(Ord. No. 3399, § 1, 1-11-99)
Secs. 12-72 – 12-85. Reserved.
ARTICLE IV. PUBLIC ACCOMMODATIONS CODE*
*Cross reference-Railroads, Ch. 18.
Sec. 12-86. Definitions.
As used in this article, the following terms shall have the meanings ascribed to them in this section:
Handicapped shall mean a physical or mental impairment resulting in a disability unrelated to a person’s ability to utilize the existing public accommodation.
Places of public accommodation shall mean all places or businesses offering or holding out to the general public, goods, services, privileges, facilities, advantages and accommodations for the peace, comfort, health, welfare and safety of the general public and such public places providing food, shelter, recreation and amusement including, but not limited to:
(1) Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
(2) Any restaurant, cafeteria, lunchroom, lunchcounter, soda fountain or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment;
(3) Any gasoline station, including all facilities located on the premises of such gasoline station and made available to the patrons thereof;
(4) Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment;
(5) Any public facility owned, operated or managed by or on behalf of this city; and any such facility supported in whole or in part by public funds;
(6) Any establishment which is physically located within the premises of any establishment otherwise covered by this section or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment.
(Ord. No. 2200, § 2(14-20), 10-8-84)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 12-87. Discrimination in public accommodation.
It is an unlawful discriminatory practice for any person, directly or indirectly:
(1) To refuse, withhold from or deny any other person, or to attempt to refuse, withhold from or deny any other person, any of the accommodations, advantages, facilities, services or privileges made available in any place of public accommodations, or to segregate or discriminate against any such person in the use thereof on the grounds of race, creed, color, religion, national origin, sex, ancestry or handicap. However, it shall not be an unlawful discriminatory practice for any place of public accommodation owned by or operated on behalf of a religious corporation, association or society to give preference in the use of such place to members of its own religious faith.
(2) To aid, abet, incite, compel or coerce the doing of any acts prohibited under this article dealing with public accommodation, or to attempt to do so:
(3) To retaliate or discriminate in any manner against any other person because he has opposed any practice prohibited by this article or because he has testified, assisted, or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this article.
(Ord. No. 2200, § 2(14-21), 10-8-84)
Sec. 12-88. Establishments exempt.
The provisions of this article shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishments are made available to the customers or patrons of an establishment within the scope of the definition of the term “public accommodation.”
(Ord. No. 2202, § 2(14-22), 10-8-84)
Secs. 12-89 – 12-105. Reserved.
ARTICLE V. EMPLOYMENT PRACTICES CODE
Sec. 12-106. Definitions.
As used in this article, the following terms shall have the meanings ascribed to them in this section:
Employer shall mean and include the city, or any persons employing six (6) or more persons within the state, and any person acting in the interests of any employer directly, but does not include corporations and associations owned and operated by religious or sectarian groups.
Employment agency shall mean and include any person or agency, public or private, regularly undertaking with or without compensation, to procure employees for any employer or to procure for employees opportunities to work for any employer and includes any person acting in the interest of such a person.
Handicapped means a physical or mental impairment resulting in a disability unrelated to a person’s ability to perform the duties of a particular job or position for which he would otherwise be eligible and qualified for employment or promotion.
(Ord. No. 2202, § 2(14-30), 10-8-84)
Cross Reference-Definitions and rules of construction generally, § 1-2.
Sec. 12-107. Discrimination in employment practices.
It shall be an unlawful employment practice:
(1) For an employer, because of the race, creed, color, religion, national origin, sex, ancestry or handicap of any individual:
a. To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment;
b. To limit, segregate or classify an employee in any way which would deprive or tend to deprive any such individual of employment opportunities or otherwise adversely affect his status as an employee;
(2) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination, because of race, creed, color, religion, national origin, sex, ancestry or handicap unless based upon a bona fide occupational qualification or for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, creed, color, religion, national origin, sex, ancestry or handicap, or to classify or refer for employment any individual on the basis of his race, creed, color, religion, national origin, sex, ancestry or handicap;
(3) For any employer or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this chapter or because he has filed a complaint, testified, or assisted in any proceeding under this chapter;
(4) For any person, whether an employer or an employee, or not, to aid, abet, incite, compel, or coerce the doing of any acts forbidden under this chapter, or to attempt to do so.
(Ord. No. 2200, § 2(14-31), 10-8-84)
Sec. 12-108. Exceptions to unlawful employment practices.
(a) Notwithstanding any other provision of this article, it shall not be an unlawful employment practice for any employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences or such systems are not the result of an intention or a design to discriminate, and are not used to discriminate, because of race, creed, color, religion, sex, national origin, ancestry or handicap, nor shall it be unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or action upon the results thereof, is not designed, intended or used to discriminate because of race, creed, color, religion, national origin, sex, ancestry or handicap.
(b) Nothing contained herein shall be interpreted to require any employer or employment agency to grant preferential treatment to any individual or to any group because of the race, creed, color, religion, national origin, sex, ancestry or handicap of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, creed, color, religion, national origin, sex, ancestry or handicap employed by any employer or referred or classified for employment by any employment agency, in comparison with the total number or percentage of persons of such race, creed, color, religion, national origin, sex, ancestry or handicap in the city.
(Ord. No. 2200, § 2(14-32), 10-8-94)
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