[R.O. 2005 §18-56; Ord. No. 2701 §3, 5-18-2005]
A. Definitions. As used in this Section, the following terms
mean:
LITTER
Any organic or inorganic waste material, rubbish, refuse,
garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand,
gravel, slag, brickbats, metal, plastic and glass containers, broken
glass, dead animals or intentionally or unintentionally discarded
materials of every kind and description.
B. Litter, Prohibited. A person commits the crime of littering
if he/she dumps, deposits, throws, leaves, causes or permits the dumping,
depositing, placing, throwing or leaving of litter or allows unsecured
materials to drop or shift off of vehicle loads onto any property
in this City or any waters in this City unless:
1. The property is designated by the State or by any of its agencies
or political subdivisions for the disposal of such litter and such
person is authorized by the proper public authority to use such property;
and
2. The litter is placed into a receptacle or container installed on
such property; or
3. The person is the owner of such property, has obtained consent of
the owner or is acting under the personal direction of the owner,
all in a manner consistent with the public welfare.
C. Evidence Of Littering.
1. Whenever litter is thrown, deposited, dropped or dumped from any
motor vehicle, boat, airplane or other conveyance in violation of
this Section, it shall be prima facie evidence that the operator of
the conveyance has violated this Section.
2. Except as provided in Subsection
(C)(1) above, whenever any litter which is dumped, deposited, thrown or left on property in violation of this Section is discovered to contain any article including, but not limited to, letters, bills, publications or other writing which display the name of the person thereon in such a manner to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this Section.
D. Penalties. In addition to the penalties set out in the general
penalty Section of the City Code, the court may:
1. Order the violator to reimburse the City for the reasonable cost
of removing the litter when the litter is or is ordered removed by
the City; and/or
2. Order the violator to pick up and remove any and all litter from
any public property, private right-of-way for a distance not to exceed
one (1) mile or, with prior permission of the legal owner or tenant
in lawful possession of private property, any such private property
upon which it can be established by competent evidence that he/she
has deposited litter, including any litter he/she has deposited and
any litter deposited thereon by anyone else prior to the date of execution
of sentence.
Whoever willfully or maliciously poisons, defiles or in any
way corrupts the water of a well, spring, brook or reservoir used
for domestic or municipal purposes, or whoever willfully or maliciously
diverts, dams up and holds back from its natural course and flow any
spring, brook or other water supply for domestic or municipal purposes,
after said water supply shall have once been taken for use by any
person or persons, corporation, Town or City for their use, shall
be adjudged guilty of an ordinance violation and punished by a fine
not less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00), or by imprisonment in the City or County Jail not exceeding
ninety (90) days, or by both such fine and imprisonment, and shall
be liable to the party injured for three (3) times the actual damage
sustained, to be recovered by suit at law.
[R.O. 2005 §§18-89—18-90; CC 1997 §§18-89—18-90]
A. "Fireworks" Defined. The term "fireworks" means and includes any combustible or explosive composition or any
substance or combination of substances or article prepared for the
purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation and includes blank cartridges,
toy pistols, toy cannons, toy canes or toy guns in which explosives
are used, the type of balloons which require fire underneath to propel
the same, firecrackers, torpedoes, skyrockets, Roman candles, Dago
bombs, sparklers or other fireworks of like construction and any fireworks
containing any explosive or flammable compound or any tablets or other
device containing any explosive substance. The term "fireworks" shall not include toy pistols, toy canes, toy guns or other devices
in which paper caps containing twenty-five hundredths (0.25) grain
or less of explosive compound are used, providing they are so constructed
that the hand cannot come in contact with the cap when in place for
use and toy pistol paper caps which contain less than twenty-five
(0.25) hundredths grain of explosive mixture, the sale and use of
which shall be permitted at all times. Nothing in this Section is
construed as applying to the manufacture, storage, sale or use of
signals necessary for the safe operation of railroads or other classes
of public or private transportation, nor applying to the military
or navy forces of the United States or of this State or to Peace Officers,
nor as prohibiting the sale or use of blank cartridges for ceremonial
or theatrical or athletic events or agricultural purposes.
B. Sale, Use, Etc., Of Fireworks Prohibited—Exceptions.
1. No person shall sell, use, manufacture, display or possess fireworks
within the City at any time.
2. This Section shall not apply to public demonstrations or displays
of fireworks; provided, that such public demonstrations or displays
of fireworks are conducted under the supervision of the Police Department
to ensure public health and safety in the operation and display of
fireworks, after application has been made in writing and presented
to the Council and a permit has been issued for such demonstration
or display.
[R.O. 2005 §18-91; CC 1997 §18-91]
A. No
person shall kindle, set fire to or burn any leaves, paper, trash,
tree branches or other inflammable material whatsoever in or upon
any public street or gutter.
B. No
person shall burn, ignite, set fire to or maintain in any manner the
burning of garbage, refuse, waste, trash, straw, paper, weeds, leaves,
grass clippings or other similar combustible material within the City
at any time.
[Ord. No. 3184 §2, 10-1-2014]
A. Except as otherwise provided in this Section, no person over twenty-one
(21) years of age operating a moving motor vehicle upon the roads
exclusively within the jurisdiction of the City of Ellisville, Missouri,
shall, by means of a hand-held electronic wireless communications
device, send, read, or write a text message or electronic message
because it poses a serious health risk.
B. The provisions of Subsection
(A) of this Section shall not apply to a person operating:
1.
An authorized emergency vehicle; or
2.
A moving motor vehicle while using a hand-held electronic wireless
communications device to:
b.
Summon medical or other emergency help;
c.
Prevent injury to a person or property; or
d.
Relay information between a transit or for-hire operator and
that operator's dispatcher, in which the device is permanently affixed
to the vehicle.
C. Nothing in this Section shall be construed or interpreted as prohibiting
a person from making or taking part in a telephone call, by means
of a hand-held electronic wireless communications device, while operating
a noncommercial motor vehicle upon the roads exclusively within the
jurisdiction of the City of Ellisville.
D. As used in this Section, "electronic message" means a self-contained
piece of digital communication that is designed or intended to be
transmitted between hand-held electronic wireless communications devices.
"Electronic message" includes, but is not limited to, electronic mail,
a text message, an instant message, or a command or request to access
an internet site.
E. As used in this Section, "hand-held electronic wireless communications
device" includes any hand-held cellular phone, Palm Pilot, Blackberry,
or other mobile electronic device used to communicate verbally or
by text or electronic messaging, but shall not apply to any device
that is permanently embedded into the architecture and design of the
motor vehicle.
F. As used in this Section, "making or taking part in a telephone call"
means listening to or engaging in verbal communication through a hand-held
electronic wireless communications device.
G. As used in this Section, "send, read, or write a text message or
electronic message" means using a hand-held electronic wireless telecommunications
device to manually communicate with any person by using an electronic
message. Sending, reading, or writing a text message or electronic
message does not include reading, selecting, or entering a phone number
or name into a hand-held electronic wireless communications device
for the purpose of making a telephone call.
H. The provisions of this Section shall not apply to:
1.
The operator of a vehicle that is lawfully parked or stopped;
2.
Any of the following while in the performance of their official
duties: a law enforcement officer; a member of a Fire Department;
or the operator of a public or private ambulance;
3.
The use of factory-installed or aftermarket global positioning
systems (GPS) or wireless communications devices used to transmit
or receive data as part of a digital system;
4.
The use of voice-operated technology;
5.
The use of two-way transmitters or receivers by a licensee of
the Federal Communications Commission in the amateur radio service.
I. A violation of this Section is an offense against public safety,
and, notwithstanding any other provision of the Code of Ordinances,
the fine for the infraction of violation of public safety shall be
set by the Municipal Court from time to time, but under no circumstances
may a person be imprisoned for such an infraction.
[Ord. No. 3496, 10-20-2021]
A. Definitions.
For purposes of this Section, the following definitions shall apply:
AGGRESSIVE MANNER
1.
Approaching, speaking to, or following a person in a manner
as would cause a reasonable person to fear bodily harm to oneself
or to another, or damage to or loss of property, or otherwise be intimidated
into giving money or other thing of value; or
2.
Continuing to solicit from a person after the person has given
a negative response to such soliciting; or
3.
Intentionally touching or causing physical contact with another
person without that person's consent in the course of soliciting;
or
4.
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to
avoid physical contact in the course of soliciting; or
5.
Using violent or threatening gestures toward a person solicited.
SOLICITATION
Seeking a ride, seeking employment, seeking or offering services,
transacting the sale of goods or services, seeking donations or contributions,
or distributing materials, whether for commercial or charitable or
non-profit purposes.
B. Prohibited
Acts. It shall be unlawful for any person to commit any of the following
acts:
1. Solicitation in an aggressive manner in any public place.
2. Solicitation of any occupant of a motor vehicle operating on a roadway.
3. Obstructing any public street, public highway, public sidewalk, public
right-of-way, or public place by hindering or impeding the free and
uninterrupted passage of vehicles, traffic or pedestrians in the course
of solicitation.
C. Exception.
Acts authorized as an exercise of a person's constitutional right
to picket, protest, or speak and acts authorized by a permit or license
issued by the City of Ellisville shall not constitute unlawful activity
under this Section.