A. 
A person commits the offense of abandonment of airtight icebox if he/she abandons, discards or knowingly permits to remain on premises under his/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 (1½) 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.
B. 
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, warehouseman or repairman.
C. 
The defendant shall have the burden of injecting the issue under Subsection (B) of this Section.
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 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 his/her consent.
A. 
If any person or persons shall put any dead animal, carcass or part thereof, the offal or any other filth into any well, spring, brook, branch, creek, pond or lake, every person so offending shall, on conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
B. 
If any person shall remove or cause to be removed and placed in or near any public road or highway, or upon premises not his/her own, or in any river, stream or watercourse any dead animal, carcass or part thereof, or other nuisance to the annoyance of the citizens of this City, or any of them, every person so offending shall, upon conviction thereof, be fined for every offense not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), and if such nuisance be not removed within three (3) days thereafter, it shall be deemed a second (2nd) offense against the provisions of this Section.
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.
[CC 1999 §15-81; Ord. No. 98-04, 1-12-1998; Ord. No. 2012-66 §1, 8-13-2012]
A. 
Definitions. As used in this Article, the following terms shall have these prescribed meanings:
AERIAL LUMINAIRE
Shall mean, and refer to, a lantern, commonly of paper with a bamboo or other frame, using an attached heat source to become and remain airborne by the use of heated air. Other common names for an "Aerial Luminaire" include but are not limited to, Chinese sky lantern, Hawaii sky lantern, sky lantern, Kongming lantern, flying lanterns, floating lanterns, sky candles, or wish candles. This definition does not include a hot air balloon capable of transporting human beings or those designed to loft scientific or other payloads, such as a weather balloon or similar device.
[Ord. No. 2016-01 §1, 1-11-2016]
FIREWORKS
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 shall include firecrackers, Roman candles, sparklers or other devices of like construction and any device containing any explosive or flammable compound, or any tablets or other devices containing any explosive substances and that meets the definition of consumer, proximate, or display fireworks as set forth by 49 CFR Part 171 to end, United States Department of Transportation hazardous materials regulations.
CONSUMER FIREWORKS
Shall have the same definition as in Section 320.106, RSMo.
DISPLAY FIREWORKS
Shall have the same definition as in Section 320.106, RSMo.
PROXIMATE FIREWORKS
Shall have the same definition as in Section 320.106, RSMo.
SEASONAL RETAILER
Shall have the same definition as in Section 320.106, RSMo.
B. 
Scope. The manufacture of fireworks is prohibited within the City. The storage, sale, use or discharge of fireworks is prohibited except as authorized by this Section.
C. 
Permit Required For Seasonal Retailer. A permit shall be obtained by seasonal retailers from the City for the retail sale of fireworks to consumers. As a condition precedent to the issuance of a permit by the City, the proposed applicant shall show proof of a State permit as required in Chapter 320, RSMo. Upon the issuance of the permit, fireworks may be sold in accordance with the terms of said permit only during the period of June twentieth (20th) through July tenth (10th) of the same year, except as otherwise permitted.
D. 
Seasonal Retailer Permit Applications. Applications for seasonal retailer permits shall be made in writing on or before May fifteenth (15th) of each year. The sale of fireworks shall be lawful under the specific terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein. Each applicant shall be required to complete and deliver to the City Clerk an application in a form approved by the City. The City retains the authority to reject any application submitted to a person whose permit has been revoked as a result of a conviction for possession or sale of illegal fireworks, has unpaid taxes owed to the City, or whose permit was revoked for failure to comply with this Section. The fee for the issuance of a permit in order to reimburse the City for the costs of issuing and enforcing the permit is thirty-five dollars ($35.00) per year per sales location.
E. 
Discharge of Fireworks. It shall be unlawful for any person to discharge any form of fireworks, within the City, except as provided below:
1. 
It shall be lawful to shoot or detonate consumer fireworks within the City limits on the first (1st), second (2nd), and third (3rd) days of July of each year between the hours of 8:00 A.M. and continuing until the hour of 10:00 P.M. on the first (1st), second (2nd), and third (3rd) days of July. On the fourth (4th) day of July, it shall be lawful to shoot or detonate consumer fireworks within the City limits between the hours of 8:00 A.M. and continuing until the hour of 11:00 P.M. It shall be unlawful for any person to possess, throw, use, explode, detonate or shoot, within the City limits, bottle rockets, rockets of all types and size, and any and all fireworks with an aerial trajectory having a cylinder or cartridge that is not intended to be completely consumed before landing.
In the event that the above dates are unavailable due to a fireworks ban because of weather or other basis, then the City will allow consumer fireworks to be discharged on the following alternate date: (i) such other days and times as set by resolution of the City Council.
2. 
Public displays of display fireworks at specified times and dates are permissible for organizations, firms, or corporations upon application and approval by the City.
3. 
Permits requested from the City for public display of display fireworks by organizations, firms, or corporations shall be located, discharged, or fired in a manner which will not be hazardous to any person or property. Prior to a permit being issued, proof of financial responsibility, in an amount satisfactory to the City, to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm, or corporation or any agent or employee thereof shall be submitted. The permittee shall be required to provide evidence that he has a current license to discharge display fireworks for public displays from the State of Missouri in accordance with Chapter 320, RSMo. If a permittee is not licensed by the State, he shall be required to provide proof of experience and competence in the discharge of display fireworks for public displays. The City shall make this determination based on permits issued by other jurisdictions, background information of the applicant(s), etc., and the issuance of said permit shall be left solely to the discretion of the City. After a permit has been granted, the sale, possession, use and distribution of display fireworks for such display shall be lawful for that purpose only. A copy of all permits issued for display fireworks displays shall be forwarded to the State Fire Marshal's office. No permit granted shall be transferable and may be revoked at any time for any reason by the City.
F. 
General Requirements And Prohibited Acts. The following are general requirements for sale, storage, and use of fireworks within the City:
1. 
Only consumer fireworks defined in UNO336, within 49 CFR Part 172, are permitted to be discharged unless a display fireworks permit is obtained.
2. 
Persons under the age of sixteen (16) years are prohibited from selling or working in fireworks businesses unless under the direct supervision of a person at least eighteen (18) years of age.
a. 
It is unlawful to attempt to sell or to sell at retail any fireworks to children under the age of fourteen (14) years except when such child is in the presence of a parent or guardian.
3. 
No fireworks may be sold at retail without the securing of the applicable City business license in addition to the permit required hereinabove. The license and permit must be on display at the location where the retail sale takes place.
4. 
At all places where fireworks are sold or displayed, the words "No Smoking" must be posted in letters at least four (4) inches in height. Smoking shall not be permitted inside or within twenty-five (25) feet of a seasonal retail area and it is unlawful to permit the presence of lighted cigars, cigarettes, pipes, or other open flame within twenty-five (25) feet of any location where fireworks are stored, kept, or offered for sale.
5. 
No fireworks shall be discharged within six hundred (600) feet of any church, hospital, or place where gasoline, petroleum products, propane, or flammable gas or chemicals are sold or stored.
6. 
No fireworks shall be stored, kept, or sold within fifty (50) feet of any gasoline pump, gasoline filling station, gasoline bulk station, or any building or location in which gasoline, propane, or volatile or flammable gases or chemicals are sold or stored in quantities in excess of one (1) gallon. The provisions of this Subsection shall not apply to stores where cleaners, paints, and oils are sold in the original containers to consumers.
7. 
No fireworks shall be discharged within three hundred (300) feet of any fireworks retail sales location.
8. 
No person shall expose fireworks in any window where the sun may shine through glass on the fireworks displayed. It is unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed, except where the fireworks are in the original package. All fireworks which the public may examine shall be kept for sale in original packages, except where an attendant is on duty at all times where such fireworks are offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty. One (1) or more signs reading "FIREWORKS — NO SMOKING" shall be displayed at all places where fireworks are stored or sold in letters not less than four (4) inches in height.
9. 
All fireworks shall be contained in their original packaging and no loose fireworks or broken packages shall be displayed or sold.
10. 
No fireworks shall be stored in any residential area except for quantities for personal or family use. If fireworks are being stored for resale, such storage shall be exclusively in industrial or commercial zones and the City shall be notified of and approve in advance each such storage location.
11. 
Any stand, facility, or premises used for the retail sale of fireworks shall be equipped with fire extinguishers as follows:
a. 
A minimum of two (2) operable fire extinguishers with at least one (1) pressurized type, unless the location is less than two hundred (200) square feet in which case a minimum of one (1) fire extinguisher is required.
b. 
The maximum travel distance to an extinguisher will be thirty-five (35) feet.
c. 
All extinguishers must be mounted in accessible locations.
12. 
Retail location requirement are as follows:
a. 
If a tent is used, then licensee must have a certificate or other evidence verifying tent fabric as fire retardant treated.
b. 
There shall be no hay, straw, or other shavings in the retail fireworks location unless such material has been flame retardant treated (proof of treatment required upon request).
c. 
At least a thirty (30) feet area around the retail location shall be clear of dry grass, brush, and combustible debris. Green grass acceptable such material has been flame retardant treated (proof of treatment required upon request).
d. 
There shall be no parking within ten (10) feet of the sales location.
e. 
No storage trailer shall be located within ten (10) feet of the sales location.
f. 
The sales location must be twenty (20) feet from other buildings, other sales locations, cooking equipment and generators.
g. 
There must be at least one (1) sign at each entrance with four (4) inch letters "NO FIREWORKS DISCHARGED WITHIN 300 FEET."
h. 
There must be a minimum of two (2) remote means of egress free of obstructions.
i. 
Minimum clear isle width of thirty-six (36) inches.
j. 
Tent exit opening not less than forty-four (44) inches clear width.
k. 
No fireworks stored within two (2) feet of any exit or entrance.
l. 
Exit signs to be self-luminous or illuminated in stands that are open for business after dusk.
m. 
Emergency lighting required if sales area is eight hundred (800) square feet or more.
n. 
Electrical system and equipment isolated from the public. All electrical wiring and equipment UL approved, installed and maintained to prevent electrical hazards. Subject to City electrical inspection.
o. 
Electronic pest control devices prohibited inside sales locations.
p. 
Alcoholic beverages prohibited during business hours.
q. 
Proximate and display fireworks not allowed to be sold.
r. 
The permit for sales of fireworks may be pulled at any time by the City Fire or Police Department.
13. 
It shall be unlawful to buy, sell, barter, exchange, trade, offer for sale, distribute, give away, possess, ignite, discharge, light, fly, release into the atmosphere, otherwise use, discharge, launch, or bring into the City, "aerial luminaries," as defined in Section 210.195.
[Ord. No. 2016-01 §1, 1-11-2016]
G. 
Storage And Discharge Restrictions.
1. 
No fireworks shall be discharged within three hundred (300) feet of any fireworks retail sales location.
2. 
No person shall ignite or discharge any fireworks within or throw the same from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people.
3. 
No fireworks shall be stored in any residential area except for quantities for personal or family use. If fireworks are being stored for resale, such storage shall be exclusively in industrial or commercial zones and the City shall be notified of and City Fire Department will approve in advance each such storage location.
4. 
It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such a manner that the explosion of same will be likely to endanger or cause injury or damage to any person or property.
H. 
Penalty Provisions.
1. 
Fine and imprisonment. Any person who violates any of the provisions of this Section shall be deemed guilty of a violation of an ordinance and upon conviction thereof shall be punished by a fine of not more than two hundred dollars ($200.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.
2. 
Forfeiture of license and permit. Violation of the provisions of this Section in addition to a fine or imprisonment shall cause an immediate and automatic revocation of all licenses or permits issued pursuant to this Section.
3. 
Seizure of fireworks. Enforcement officials may seize, take, remove or cause to be removed and disposed of at the expense of the owner all stocks of fireworks offered or exposed for display or sale, stored or held or possessed in violation of this Section.