Common City Ordinances

Section 205.030Running At Large Prohibited — Impoundment

[R.O. 2017 § 205.030; Ord. No. 93-100104 §§ 1, 8, 1-10-1993; Ord. No. 15-15 §§ 2, 8, 12-15-2015]

It shall be unlawful for any person owning, controlling, harboring, possessing, or having the management or care of any dog to permit such dog to run at large on or from the premises of such person. Every dog when on any street, alley, park, school ground, or any other public place in the City which is not attached to a leash, the other end of which is securely held, shall be deemed running at large. Every dog, when on private property within said City, which is either not attached to a leash, the other end of which is securely held, or which is not so confined by fences or other enclosures so as to prevent its straying from the premises, shall be deemed running at large.

Section 205.130Animal Waste Prohibited On Public And Private Property — Exception

[R.O. 2017 § 205.130]

Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes, including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.

Section 205.150Limitation On Number Of Cats Or Dogs Kept As Pets

[R.O. 2017 § 205.150; Ord. No. 07-17 §§ 1, 5, 12-21-2007]

A.

Cats. No person at any time shall keep, harbor, own or care for more than four (4) cats over the age of six (6) months unless a license has been issued by the City to operate a kennel.

B.

Dogs. No person shall at any time keep, harbor, own or care for more than four (4) dogs over the age of six (6) months unless a license has been issued by the City to operate a kennel.

Section 210.670Peace Disturbance

[R.O. 2017 § 210.670; Ord. No. 17-10, 6-20-2017]

A.

A person commits the offense of peace disturbance if:

1.

He/she unreasonably and knowingly disturbs or alarms another person or persons by:

a.

Loud noise;

b.

Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient;

c.

Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out;

d.

Fighting; or

e.

Creating a noxious and offensive odor.

2.

He/she is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

a.

Vehicular or pedestrian traffic; or

b.

The free ingress or egress to or from a public or private place.

3.

He/she permits persons to assemble in or about a person's home or place of business, or upon property owned by or under the person's control, and fails to take reasonable steps to prevent, or permits, such persons to make loud noises, or engage in other conduct prohibited by this, or any other ordinance or State Statute, to the disturbance of a person(s) or the neighborhood.

Section 210.1105Restricting Open Burning

[R.O. 2017 § 210.1105; Ord. No. 05-09 § 1, 5-17-2005; Ord. No. 10-17 § 1, 8-17-2010; Ord. No. 17-10, 6-20-2017]

A.

Definitions. As used herein, the following terms and phrases have the definitions which follow each:

OPEN BURNING

The combustion of any matter except in a closed chamber described in Subsection (B) and except open burning for recreational purposes as herein defined.

OPEN BURNING FOR RECREATIONAL PURPOSES

Campfires and other fires used solely for recreational purposes, ceremonial occasions or for the outdoor non-commercial preparation of food. Fires for the purposes described herein shall utilize only vegetative woody materials or untreated wood products and shall not include the open burning of leaves.

UNTREATED WOOD PRODUCTS

Lumber or other wooden materials that have not been chemically treated for resistance to moisture, fire, fungi, insects and other pests or which have not otherwise been treated or manufactured with chemicals or do not contain adhesives or resins. Untreated wood products do not include plywood, particle board, chip board or wood with other than minimal amounts of paint, coating or finish.

B.

Open burning, except open burning for recreational purposes, shall not be permitted anywhere within the City limits except when undertaken pursuant to a valid permit issued by the Missouri Department of Natural Resources. As used herein, open burning shall include the combustion of any matter except in a closed chamber and shall include the burning of trees, brush, leaves or other forms of vegetation. A chamber shalt be regarded as closed when, during the time combustion takes place, such chamber is fully enclosed except for such apertures, ducts, stacks, flues or chimneys as are necessary to provide combustion air and to permit the escape of exhaust gases.

Section 215.100Weeds Or High Grass

[R.O. 2017 § 215.100; Ord. No. 95-052201, 5-22-1995; Ord. No. 09-26 § 1, 10-20-2009; Ord. No. 12-12 § 1, 8-7-2012]

A.

All persons owning or possessing any property within the City limits shall keep the weeds and/or grass growing thereon cut and removed from the premises. The maximum height for weeds and/or grass shall be twelve (12) inches. Whenever weeds and/or grass attain or exceed the maximum height, they shall be deemed a public nuisance.

B.

It shall be unlawful for any person to create or maintain a public nuisance as defined in Subsection (A).

C.

Whenever weeds and/or grass in violation of Subsection (A) are allowed to grow within the City, the possessor and the owner of such property or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable for the cutting and removal thereof.

D.

The Abatement Officer will inspect the City during normal day-to-day activities or upon receiving a written complaint. If weeds and/or grass are found to exceed the maximum limit, a seven-day written notice to abate the nuisance will be sent to the property owner(s) or possessor of the property.

E.

If the owner or possessor of the property fails to abate the nuisance, the Abatement Officer shall issue a citation into Municipal Court for "failure to abate a nuisance — high grass and/or weeds." If, after being cited into court and convicted of having weeds and/or grass in excess of the maximum allowable, the owner or possessor fails to abate the nuisance within the time set by the court, the City shall have the weeds and/or grass cut and the owner of the property billed. If the bill incurred for such action is not paid within forty-five (45) days after the City issues the invoice for remittance for said bill to the owner for payment, then a tax lien will be placed on the property.

F.

The City Clerk shall cause a special tax bill against the property to be prepared and to be collected by the County Collector with other taxes assessed 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 recital 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.

G.

The ultimate responsibility for keeping the weeds and/or grass below the maximum limit for rental property belongs to the property owner.

Brent Armstrong	Interim Police Chief	(417) 890-9876
Marilyn Horn	Police Clerk	(417) 890-9876

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Battlefield Police Department

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