Nuisance Abatement

Three Nuisance Abatement Officers serve in this unit.  They are responsible for animal control issues, litter, disabled vehicles, quality of life issues and other health and nuisance abatement issues. 

In 2008, the Nuisance Abatement Unit answered 6,715 calls for service, issued 1,885 warnings and 206 summonses for violations.

City of Cape Girardeau Minimum Property Standards

Ordinance 13-31

Section (3).  Any building, bridge or other structure which is unsafe, dangerous, injurious, unhealthy, offensive or annoying to the public.

1. Any houses not occupied must be secured to prevent entry by people, animals, or elements of the weather.
2. Structures must be safe, sanitary and maintained in a clean condition at all times.
3. Burned structures must be secured immediately and any debris in or around the yard removed to prevent any safety hazards.

Section (14). Any growth of weeds, grass or poisonous or harmful (number) vegetation to a greater height than ten inches is a violation.

Nuisance Declared

Ordinance 13-52
*Vehicles that are inoperable/disabled shall not be permitted on any property.

Vehicles that aren’t readily capable of being driven at the time of inspection must be removed from the property.

Ordinance 13-55

1. Proceedings when owner/custodian cannot be located.  The notice shall be attached to the vehicle stating the facts and shall be abated within 7-days.
2. Ordinance 13-56; Duty of Owner/Custodian, any person receiving the notice shall comply with the provisions of the notice requiring abatement.
3. Ordinance 26-261; Vehicles shall not be parked in the front yards.
   

Trash/litter, properties to be maintained free of trash/litter

Ordinance 22-27: Dwelling units to provide containers.
Each occupant shall maintain such containers in good repair, and shall keep the area surrounding such containers in a clean, neat and sanitary condition.

Ordinance 22-29: Residential container specifications.

1. Residential waste shall be stored in leak proof/fly proof waste containers constructed of rubber, galvanized metal or plastic which does not become brittle.
2. Trash containers shall have a capacity of twenty to thirty-five gallons and shall not exceed 75 pounds in weight.

Ordinance 22-35: Waste containers where placed

1. Waste and recyclable containers shall be placed at the curb or edge of road/alley not more than 12 hours prior to collection and removed the same day.  This includes special collections.
2. Such containers shall be placed at curb to prevent blowing or spreading of trash in any way.

Ordinance 22-91: 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.

Standard Practices of Abatement

1. 7-day notice is taped or staked at the property of where the violation has occurred or if resident is out of town may be mailed.  Time of notice will very because of the frequency of inspections at the same property or with the same property owner failing to comply with the first request.
2. Property owners must check and maintain the properties on their own.
3. Nuisance Abatement will only have contact with the residents and property owners, not the management companies unless needed.
   

Enclosure of Swimming Pools

Ordinance 13-37

(a)  Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall not less than four (4) feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than four (4) inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension between pickets shall not exceed four (4) inches.  A dwelling house or accessory building may be used as part of such enclosure.
(b)  All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
(c)This requirement shall be applicable to all new swimming pools or family pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a minimum depth of eighteen (18) inches of water.  No person in possession of land within the city, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool or family pool having a minimum depth of eighteen (18) inches shall fail to provide and maintain such fence or wall as herein provided.

General Animal Ordinances

Ordinance 6-1: Running at Large Prohibited

(a)  No owner or keeper of any animal or domesticated fowl shall permit or suffer such animal or fowl to run at large outside the premises of the owner or keeper, or to annoy, impair or disturb the peace, comfort, health or safety of the residents of the city.
(b)  This section shall not apply to dogs (Ord. No. 3359, § 1, 8-2-04)

Ordinance 6-4: Animal Abuse

(a)A person is guilty of animal abuse when a person: 
   (1)Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of RSMO 578.005, et seq, as amended, and 273.030, et seq, as amended. 
   (2)Purposely, intentionally or recklessly causes injury, suffering or pain to an animal; 
   (3)Abandons an animal in any place without making provisions for its adequate care; 
   (4)Overworks or overloads an animal or drivers or works an animal unfit to work; or 
   (5)Having ownership or custody of an animal, willfully fails to provide adequate care or adequate control.
(b)If a person pleads guilty or is found guilty of a violation of this section and the judge is satisfied that the animal owned or controlled by such person would in the future be subject to more neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court.
(Ord. No. 3359, § 1, 8-2-04)

Ordinance 6-26:  Leash Required for Dogs
A full-time quarantine is hereby declared on all dogs.  Any person owning, controlling, processing or having management or care, in whole or in part, of any dog shall not permit the dog to run at large or go off the premises of the owner or keeper thereof unless the dog is securely tied or led by a line or leash, not to exceed ten (10) feet in length, so as to effectively prevent such dog from biting, molesting, being with, or approaching any person or any other animal. 
(Ord. No. 3359, § 1, 8-2-04)

Ordinance 6-26: License; Fee Requirements; Issuance of Metal Tag by City Clerk
Any person owning, controlling, possessing or having the management or care of any dog or cat shall apply to the city clerk and obtain a city license annually on or before April first of each year.  The fee for the license is $15 for each dog or cat not spayed or neutered and $3.00 for each dog or cat that has been spayed or neutered.  Any person over the age of 65 may purchase a license at $1.00 for any spayed or neutered dog or cat and $5.00 each for unaltered dogs or cats.  A licensed breeding kennel may purchase a license at $3.00 for each dog or cat regardless of whether such dog or cat has been spayed or neutered.  The applicant for the license for any dog or cat over 6 months of age shall present a certificate of inoculation of such dog or cat against rabies issued by a licensed veterinarian and showing that such inoculation is medically valid for the period within which the license is to be effective.  The owner must also provide a certificate from a licensed veterinarian as proof that the animal has been spayed or neutered.  Upon fulfilling these requirements the applicant shall receive from the city clerk a metal tag of suitable design inscribed with the words “Cape Girardeau animal license” with the year of issuance.  He shall securely attach the tag to the animal by means of a collar or harness of substantial make and condition.  The metal tags shall be numbered consecutively.
(Ord. No. 3359, § 1, 8-2-04)

Ordinance 6-31:  Certain Animals Declared Nuisance

Any animal is declared a public nuisance and is subject to abatement, if such animal:

1. Disturbs a person or neighborhood by loud and frequent barking, howling or other noise.
2. Threatens or causes property damage to the property of another.
3. Disturbs a person or neighborhood by being housed outside without being confined in a solidly enclosed place between the hours of 11:00 p.m. and 6:00 a.m.

(Ord. No. 3359, § 1, 8-2-04; Ord. No. 3523, art. 3, 7-18-05)

Ordinance 6-36:  Limitations on Number of Dogs or Cats
(a)No person shall at any time, keep, harbor, or allow to remain at one (1) residential location within the city more than two (2) dogs and two (2) cats unless they have been spayed or neutered.  If all such animals are spayed or neutered then a person may keep, harbor, or allow to remain a combined total of eight (8) such animals, but no more than four (4) of this combined allowed total of animals may be dogs, and all of such animals must be confined in a solidly enclosed place between the hours of 11:00 p.m. and 6:00 a.m.
(b)This limitation shall not apply to any dogs or cats which are less than three (3) months old.
(c)This limitation shall not apply to any person who has obtained a license for such dogs and cats pursuant to section 6-27 of the City Code prior to the effective date of this section.
(d)This limitation on the number of dogs shall not apply to any person at a residential location with a minimum of five (5) acres of property so long as the dogs are spayed or neutered and there are no more than six (6) dogs at any one time.  In the event such dogs are housed outside, such dog housing must be located within 300 feet of the principal residence.
(Ord. No. 3359, § 1, 8-2-04; Ord. No. 3523, art. 4, 7-18-05)

Ordinance 6-38:  Location of Animal Pen in Relation to Other Properties
No person shall place an animal pen, house, or kennel within 20 feet of another property owner’s dwelling, church, school or place of business.
(Ord. No. 3359, § 1, 8-2-04)

You can contact the Nuisance Abatement Unit with any questions and/or complaints at:

 573-339-6311 or via email at: nuisance@cityofcapegirardeau.org