COUNTY BOARD REVIEWS NUISANCE LAW

JACKSON, Mo. -- Cape Girardeau County commissioners want a nuisance abatement law to regulate unwanted trash dumps, junk cars and rubbish that pose a threat to human health and safety.

But First District Commissioner Larry Bock warned Monday against making a nuisance law too restrictive.

"First thing you know, we'll get carried away with this," he said.

The commission has talked of regulating trash dumps and other debris near public roads and neighbors' properties.

"If no one is living close by, it's not a dangerous situation," Bock said.

The law only would apply to the rural, unincorporated areas of the county.

Presiding Commissioner Gerald Jones said the commission doesn't have the authority to impose such restrictions within cities.

Jones said the proposed ordinance needs revisions before the commission will schedule a public hearing or take any action.

"I'd like to hear what the public thinks," he said.

The three commissioners reviewed a draft of a proposed nuisance abatement ordinance with county health officials, animal control officer Jack Piepenbrok, assistant prosecuting attorney Scott Lipke and Cape Girardeau code inspector Chuck Stucker. Stucker handles nuisance abatement for the city.

Proposal to get revised

Jones instructed Piepenbrok to spearhead efforts to rework the measure and submit it to the commissioners for review, with the hope a new draft could be ready within the next several weeks.

County health director Charlotte Craig urged the commission to adopt a nuisance abatement law that doesn't get too detailed.

"My feeling is it is better to speak in terms of generalities," she said.

Ann Elledge, the county's environmental public health coordinator, said she and Piepenbrok must be consistent in enforcing a nuisance law.

The proposed ordinance doesn't specify how close the trash or debris must be to a road or property line to be a violation.

An earlier version said the trash or debris would have to be within 440 yards of a road or neighbor's property to be considered a violation.

Lipke said it could be harder to prosecute people if the ordinance is too broad and refers only to the trash or junk items being "in close proximity" to a neighbor's land.

Elledge wondered what would be an adequate distance when dealing with trash piles that harbor vermin and pose a health risk.

"How far can a rat travel?" she asked.

Piepenbrok said it would be hard to regulate junk or trash piles that are at least a quarter of a mile from a road or property line.

Lipke agreed. "I think the courts are going to look at property rights and individual rights," he said.

The latest draft defines a violation as a misdemeanor where violators could face a year in jail and a $1,000 fine.

Piepenbrok suggested the county needs to be able to haul off trash and junk items and require the offending property owners to pay the cost through tax bills.

Second District Commissioner Joe Gambill said the county commission needs to have "teeth" in whatever nuisance law it adopts.