A person commits the offense of abandonment of an airtight or semi-airtight container if he or she knowingly abandons, discards, or permits to remain on premises under his or her control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container which has a capacity of one and one-half (1 1/2) cubic feet or more and an opening of fifty (50) square inches or more and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein.
Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouse operator or repair person.
The offense of abandonment of an airtight or semi-airtight container is an ordinance violation.
A person commits the offense of littering if he or she places, deposits, or causes to be placed or deposited, any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish of any kind, nature or description on the right-of-way of any public road or State highway or on or in any of the waters in this City or on the banks of any stream, or on any land or water owned, operated or leased by the State, any board, department, agency or commission thereof or on any land or water owned, operated or leased by the Federal Government or the City, or on any private real property owned by another without the owner's consent.
[Code 1975 §15.13(28)(A) — (E); CC 1989 §13-257; Ord. No. 1975 §1, 7-8-1996]
No person shall abandon any property on public or private property, or upon the streets or highways of this City.
No person shall leave upon any street or highway in the City any derelict vehicle or any motor vehicle which does not have displayed thereon a permanent license plate or set of plates issued for that vehicle indicating current registration.
Whenever any abandoned property has remained on any street or highway for a period in excess of forty-eight (48) hours, such vehicle may be removed by or under the direction of a member of the Police Department.
No person shall store or allow any abandoned or derelict vehicle or trailer of any type to remain on any property within the City which is owned, occupied or managed by such person.
[Code 1975 §15.13(27); CC 1989 §13-256]
In any prosecution charging a violation of any of the provisions of this Title governing or regulating the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the citation or complaint was parked in violation of the ordinance, together with proof that the defendant named therein was at the time of such violation the registered owner of such vehicle shall constitute prima facie evidence that the defendant was the registered owner and that the defendant was the person who parked the vehicle at the point where, and for the time during which the violation occurred. It shall be proof that the defendant was the registered owner if he/she was so designated by the motor registration list.
[CC 1975 §16.80; CC 1989 §9-44; Ord. No. 2199 §§1, 3, 5-11-1998; Ord. No. 2617 §1, 9-25-2001; Ord. No. 4139, 12-11-2017]
The term "fireworks," as used in this Section, means and includes any combustible or explosive composition, or any substance, or combination of substances, or articles 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 (except those used to transport persons), firecrackers, torpedoes, skyrockets, Roman candles, Dago bombs, sparklers, colored flares, cylindrical fountains, colored cone fire, box fire and torches, wheels, magic snakes, cone fountains, colored mines and shells, aerial bombs, missiles or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tables or other device containing any explosive substance. The term "fireworks" shall not include toy pistols, toy canes, toy guns or other similar devices using paper caps containing twenty-five hundredths (0.25) grains or less of explosive mixture, nor shall it include colored safety flares, the use of which shall be permitted at all times.
It shall be unlawful for any person within this City to sell, possess, offer for sale, expose for sale, give, use, discharge or explode any fireworks, except as provided in Subsection (C) of this Section. However, nothing in this Section shall prohibit the possession or use of blank cartridges for theatrical purposes, signal purposes in athletic contests or sports events, or for the use of militia Police or military organizations.
Permits For Display — Fees.
Applications for permits for a fireworks display shall be filed with the Fire Marshal not later than ten (10) business days prior to the date of the proposed fireworks display. The Fire Marshal shall investigate the application, which shall include facts sufficient for the Fire Marshal to determine if the applicant will meet the requirements set out in Subsection (D), and if the Fire Marshal finds that the public safety will not be endangered by such display, he/she shall issue said permit. The Fire Marshal may promulgate such reasonable rules and regulations governing fireworks displays as the Fire Marshal deems necessary to ensure public safety and welfare.
The applicant for a permit for a fireworks display shall pay a non-refundable fee of one hundred fifty dollars ($150.00) to the Fire Marshal at the time the application is filed. Such fee shall cover processing, site plan review, and one (1) inspection. The City will notify property owners within three hundred (300) feet of the property boundary where the display will take place.
[Ord. No. 4221, 9-10-2018]
The Fire Marshal is authorized to suspend or revoke a permit for fireworks display under the provisions of this Chapter whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or if it is found by inspection or otherwise that there is a violation of this Chapter or any other municipal ordinance. An interested person aggrieved by the decision of the Fire Marshal to suspend or revoke a permit may appeal the decision to the City Administrator for reconsideration within three (3) days of the decision, and the City Administrator shall schedule a hearing to be held within five (5) days of receipt of the appeal application. The decision of the City Administrator shall be final.
[Ord. No. 4221, 9-10-2018]
Unless otherwise provided in this Section, any person, firm or corporation filing an application for a permit for a fireworks display ("applicant") and any person, firm or corporation in whose name the permit is issued ("permittee"), shall comply with the provisions of this Section. Applicants shall file a detailed site plan with dimensions showing the display site and location of the discharge site(s), spectator viewing areas, parking areas, fallout areas, nearby buildings and/or overhead obstructions and utilities, and the associated separation distances. Applicant shall also provide mortar size, mortar installation, firing method, and other information relating to the fireworks. The permittee shall not allow spectators, spectator parking areas, and dwellings, buildings or structures to be located within the display site.
Permits for fireworks displays shall not be issued for the following zoning districts: Estate, Suburban Estates, Suburban Low, Suburban Medium, or Planned Residential Community.
Applicants for a fireworks display permit shall show proof of liability insurance coverage for both personal property and personal injury in an amount of not less than one million dollars ($1,000,000.00) per occurrence, and not less than four million dollars ($4,000,000.00) in aggregate.
Applicant shall provide proof that the manufacturer and supplier of the fireworks to be used in the display possess the appropriate Federal and/or State licenses and/or permits.
The permittee for fireworks display shall comply with the requirements in the current edition of the National Fire Protection Association (NFPA) Standard 1123 and the International Fire Code (IFC). Relative to minimum clearances, fireworks display shall comply with NFPA and IFC. Where unusual or safety-threatening conditions exist, the Fire Marshal is authorized to increase the required separation distances as the Fire Marshal deems necessary to ensure public safety.
The permittee shall use best efforts to arrange for fireworks to be delivered to the site on the day of the event. The permittee shall not store fireworks on-site overnight, unless stored in a secured area under the supervision of a 24-hour, on-duty security watch person with special approval of the Fire Marshal.
Beginning as soon as the fireworks are delivered to the display site, the permittee shall not allow fireworks to be left unattended, and the permittee shall keep them dry and secure. The permittee shall inspect shells after delivery and any shells that are, or appear to be, damaged for whatever reason shall not be fired. The permittee shall sort and separate, handle fireworks, use ready boxes for temporary storage, install mortars, and perform other activities leading up to the firing of fireworks, in a safe manner. The permittee shall position mortars so that shells are propelled away from the spectators and over the fallout area.
Every outdoor display shall be supervised, managed, or directed by an on-site Missouri State-licensed operator. Whenever a hazardous condition exists, the permittee shall immediately discontinue, or cause the immediate discontinuance, of the fireworks display until such time as the dangerous situation is no longer extant.
After the fireworks display, the firing crew shall conduct an inspection of the fallout area for the purpose of locating unexploded aerial shells or live components. This inspection shall be conducted before public access to the site is allowed. Any shells found during the inspection shall be handled and disposed of in a safe manner.
All fireworks shooters must have a Missouri Division of Fire Safety permit, Missouri Fireworks Display Operator License and Federal Explosives License/Permit.
Fireworks displays must conclude by 10:00 P.M.
Any Code Official, Fire Marshal or any officer of the Police Department, shall have the power to seize, confiscate, take and hold for destruction or disposal, pursuant to a court order, any fireworks belonging to any person violating any provision of this Section.