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Title VII CITIES, TOWNS AND VILLAGES

Chapter 79

Effective - 28 Aug 1939 bottom

  79.370.  Board shall regulate sanitary conditions. — The board of aldermen shall have power, by ordinance, to secure the general health of the inhabitants of the city by any measure to regulate, suppress and abate slaughterhouses, slaughtering animals, stockyards, soap and other factories, pig pens, cow stables, and other stables and dairies, and to remove the same, and to regulate or prevent the carrying on of any business which may be dangerous or detrimental to the public health, or the manufacturing or rendering of articles obnoxious to the health of the inhabitants; and to pass ordinances for the prevention of nuisances and their abatement.

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(RSMo 1939 § 7176)

Prior revisions: 1929 § 7026; 1919 § 8477; 1909 § 9379

(1955) Fourth class city may not prohibit slaughterhouses under this section; it may stop the operation of such as become nuisances and make reasonable regulations for their operation.  State ex rel. Jack Frost Abattoirs, Inc. v. Steinbach (A.), 274 S.W.2d 588.

(1964) City of fourth class is not empowered by this statute to prohibit slaughterhouses since the words "regulate, suppress and abate" refer to actions directed toward something in existence, while "prohibit" prevents its coming into existence.  State ex rel. Daniels v. Kasten (A.), 382 S.W.2d 714.


---- end of effective   28 Aug 1939 ----

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