[R.O. 2012 §215.230; CC 1992 §13-95; Ord. No. 1633, 4-11-1983]
A person commits the offense of littering if he/she throws or
places or causes to be thrown or placed any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse, solid waste,
yard waste, limbs or rubbish of any kind, nature or description on
the right-of-way of any public street, road or State highway, or on
or in any of the waters in the City or on the banks of any stream,
or on any land or water owned, operated or leased by the City or any
Board, department, agency or commission thereof, or on any land or
water owned, operated or leased by the State or Federal Government,
or on any private real property owned by another without his/her consent.
[R.O. 2012 §215.240; CC 1992 §13-101; Ord. No. 1633, 4-11-1983]
A person commits the offense of obstructing streets and sidewalks
if he/she obstructs any street, sidewalk, alley or any part thereof.
[R.O. 2012 §215.250; CC 1992 §13-103.1; Ord. No. 1796 §§1 — 3, 10-12-1987]
A. Prohibited. Junk yards, as defined in this Section, are
hereby prohibited within the City limits.
B. Definitions. For purposes of this Section, the following
definitions shall apply:
UNLICENSED MOTOR VEHICLE
Any motor vehicle which, under the laws of the State, is
required to be licensed, which has not been so licensed or which license
has not been renewed.
C. Restrictions On Auto Body Shops And Repair Garages. Any
collection of inoperable or wrecked vehicles must have active repair
orders for each such vehicle in the hands of the operator and must
be repaired within ninety (90) days or it shall be deemed a junked
vehicle. Three (3) or more of such vehicles shall constitute a junk
yard and shall be a violation of this Section.
D. Notice Of Violation. Notice shall be served upon the property
owner whenever it appears the property owner is in violation of this
Section, and the owner will be required to abate the violation within
fourteen (14) days.
E. Penalty. If violation is not abated within the fourteen (14) day period from the date of notice, the violation of this Section shall be an ordinance violation, and upon conviction thereof the court may impose a fine as set forth in Section
100.150 of this Code.
[R.O. 2012 §215.260; CC 1992 §13-111; Ord. No. 1633, 4-11-1983]
A person commits the offense of placing placards or advertisements
upon public property if he/she places or causes to be placed any placard,
poster, sign or advertisement of any kind or character upon any pole,
tree or building which is located upon any street, alley or other
public property in the City.
[R.O. 2012 §215.270; CC 1992 §13-69; Ord. No. 2185 §1, 11-15-1994; Ord. No. 3297 §1, 9-24-2007]
A. Definition. For the purposes of this Section, the phrase "skateboard or other like instruments" shall be deemed to
refer to any non-motorized instrument, used to transport person or
persons by means of wheels, rollers, etc., propelled solely by the
force of its rider and shall not include any wagon or other device
not so propelled.
B. Prohibited In Business Districts. No person shall use, operate
or permit the use or operation of any skateboard or like instrument
on any sidewalk, street, parking lot, or other public place in any
business district in the City as determined by the City zoning ordinance
map, as the same may now exist or as it may be amended from time to
time.
C. Permitted, Where. The use of any skateboard or other instrument as defined in Subsection
(A) above is hereby permitted on sidewalks in all zoning districts other than business districts as set forth above. The use of skateboards or other like instruments as defined in Subsection
(A) above on any City street is hereby prohibited except while crossing a street at a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. The use of skateboards or other like instruments as defined herein on any City sidewalk shall be prohibited during non-daylight hours.
D. Yielding Right-Of-Way. The user of any skateboard or like
instrument shall give way to any pedestrian, bicycle or any other
user of the sidewalk and shall not interfere with the proper use of
the public way by any other person.
E. Penalty For Violation. Every person convicted of a first (1st) violation of any provision of this Section shall be punished by a fine of not less than five dollars ($5.00) and not more than twenty-five dollars ($25.00). Any person convicted a second (2nd) or subsequent times for a violation of any provision of this Section shall be subject to such penalty as is set forth in Section
100.150 of this Code.
[R.O. 2012 §215.285; CC 1992 §§11-16 —
11-17; Ord. No. 1894 §1, 8-14-1989]
A. 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:
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any waste into or on any land or water so that such
waste, or any constituent thereof, may enter the environment or be
emitted into the air or be discharged into the waters, including ground
water.
HAZARDOUS WASTE
Any waste or combination of wastes, as determined by State
law or regulations, which, because of its quantity, concentration
or physical, chemical or infectious characteristics, may cause or
significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness, or pose
a present or potential threat to the health of humans or the environment.
INFECTIOUS WASTE
Waste in quantities and characteristics as determined by
the State Department of Natural Resources by rule and regulation,
including the following wastes known or suspected to be infectious:
isolation wastes, cultures and stocks of etiologic agents, contaminated
blood and blood products, other contaminated surgical wastes, wastes
from autopsy, contaminated laboratory wastes, sharps, dialysis unit
wastes, discarded biologicals and antineoplastic chemotherapeutic
materials; provided however, that infectious waste does not mean waste
treated to Department specifications.
PERSON
An individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision or any agency, board, department or
bureau of the State or Federal Government or any other legal entity
whatever which is recognized by law as the subject of rights and duties.
STORAGE
The containment or holding of waste at a designated location
in such manner or for such a period of time, as determined in regulations
adopted under this Article, so as not to constitute disposal of such
waste.
TREATMENT
The processing of waste to remove or reduce its harmful properties
or to contribute to more efficient or less costly management or to
enhance its potential for resource recovery, including but not limited
to, existing or future procedures for biodegradation, concentration,
reduction in volume, detoxification, fixation, incineration, plasma
arc technology, or neutralization.
B. Disposal, Storage Or Treatment Prohibited — Transport. It shall be unlawful for any person to dispose of, store or engage
in the treatment of hazardous waste or infectious waste within the
City limits. It shall also be unlawful for any person to transport
hazardous or infectious waste within the City limits in any manner
other than as provided in Section 307.177, RSMo.
[R.O. 2012 §215.287; Ord. No. 2821 §1, 3-10-2003; Ord. No. 3492 §1, 10-12-2009; Ord. No. 3766 §1, 1-14-2013]
A. Definitions. As used in this Section, the following words
and/or phrases shall have the meanings as set forth herein:
COUNTER
Any obstructive, physical barrier that separates ephedrine
products from access by a customer or the general public and which
makes such products available to a customer or the general public
only through or by the act of an employee of the seller.
EPHEDRINE
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride,
pseudoephedrine hydrochloride, phenylpropanolamine and all combinations
of these chemicals.
EPHEDRINE PRODUCT
Any product that contains ephedrine, its salts, isomers or
salts of isomers as its sole active ingredient or in combination with
less than therapeutically significant quantities of other active ingredients.
PACKAGE
Any number of pills, tablets, capsules, caplets or individual
units of a substance held within a container intended for sale.
PERSON
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity selling an ephedrine
product to customers.
SELL
To knowingly furnish, give away, exchange, transfer, deliver,
surrender or supply whether for monetary gain or not.
B. Restrictions On Public Access To Ephedrine Products. It
shall be unlawful for any person to sell, distribute or deliver any
ephedrine product within the City of Union except as listed below.
The following are exceptions to the prohibition against sale, distribution
and delivery stated above:
1. Ephedrine, pseudoephedrine or other methamphetamine precursors may
be delivered to a person by a Missouri licensed pharmacist after being
authorized to do so pursuant to a prescription from a physician or
other health care professional licensed by the State of Missouri (hereinafter
"practitioner") to write prescriptions. The requirement for a prescription
is satisfied by any of the following methods:
a. By a written prescription signed by a practitioner;
b. By a facsimile of a written, signed prescription transmitted by the
practitioner or his authorized agent to the pharmacy;
c. By an oral prescription made by an individual practitioner whether
communicated by the practitioner or his authorized agent to the pharmacy;
d. By a prescription transmitted by electronic computer transmission
by the authorizing practitioner or the practitioner's agent to the
pharmacy.
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All oral prescriptions and prescriptions transmitted by electronic
computer transmission shall be promptly reduced to writing by the
pharmacist containing all information required in Section 195.060,
RSMo., except for the signature of the practitioner.
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2. Ephedrine, pseudoephedrine or other methamphetamine precursors may
be distributed by a licensed physician or other health care professional
licensed by the State of Missouri to write prescriptions within a
physician's office, clinic, nursing home or other licensed health
care facility.
3. This Section regulating delivery of ephedrine, pseudoephedrine or
other methamphetamine precursors shall not apply to the sale of animal
feed containing ephedrine or dietary supplement products containing
naturally occurring or herbal ephedra or extracts of herbal ephedra.
4. Any compound, mixture, or preparation identified by the Federal Drug
Administration (FDA) containing any detectable quantity of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, except any dietary supplements,
herbs, or natural products, including concentrates or extracts, that
are not otherwise prohibited by law and that contain naturally occurring
ephedrine alkaloids in a matrix of organic material such that the
substances do not exceed fifteen percent (15%) of the total weight
of the dietary supplement, herb, or natural product.
5. Upon written exemption granted in response to an application of a
manufacturer, by the Missouri Department of Health and Senior Services
and/or the Franklin County Department of Health, and for so long as
the written exemption is valid, any product containing any compound,
mixture, or preparation containing any detectable quantity of ephedrine,
phenlypropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers from the application
of all or any part of Sections 195.010 to 195.320, RSMo., because
the product is proven to not be feasible for the conversion of the
active ingredient into methamphetamine or its salts or precursors.
For purposes of this Subdivision, "proven" includes, but is not limited
to, the fact that the compound, mixture, or preparation releases a
deminimus amount of the active ingredient used for conversion into
methamphetamine or its salts or precursors.
C. Reporting Theft Of Ephedrine Products.
1. Any person who sells ephedrine products and who discovers a theft,
disappearance or other loss of ephedrine product shall report the
theft, disappearance or loss in writing to the Union Police Department
within three (3) calendar days of such a discovery.
2. Any person who sells ephedrine products shall report to the Union
Police Department any difference between the quantity of ephedrine
products shipped and the quantity of ephedrine products received within
three (3) calendar days of discovery.
D. Penalty And Injunctive Relief.
1. Each day a violation of Section
215.287 exists shall be considered a separate offense.
2. The City Administrator may institute an action for injunctive relief to enforce the provisions of this Section
215.287.
3. Every act or omission constituting a violation of any of the provisions of this Section
215.287 by any agent or employee of any person shall be deemed and held to be the act of such person, and said person shall be punishable in the same manner as if said act or omission had been done or omitted by him or her or it personally, provided such act or omission was within the scope of employment or the scope of authority of such agent or employee.
4. Each violation shall be punishable by a fine not to exceed five hundred
dollars ($500.00) and/or a jail sentence not to exceed thirty (30)
days.