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.
No person shall deposit, place, dump, pour or drain into any
street or other public highway or place within the City limits or
within one (1) mile thereof any refuse, sewage, filth, rubbish, trash
or any substance whatsoever that emits any foul, noxious or disagreeable
odor or that is in anyway detrimental to the health of the inhabitants
in the vicinity thereof.
Any person who shall knowingly or willfully remove, destroy
or interfere with any barrier, guard or light placed before or on
any dangerous place in or near the streets or thoroughfares of this
City, for the purpose of warning or protecting travelers or other
persons who may be exposed to injury from such dangerous places, shall
be deemed guilty of an ordinance violation.
Any person who shall make any excavation, or place any material
whatsoever in any public street or alley, which might cause injury
to travelers thereon without placing a guard or railing around the
pit or obstruction at night and indicating the same with red lights,
shall be deemed guilty of an ordinance violation.
[Ord. No. 2723, § 1, 4-17-2017]
A. Definitions.
As used in this Section, the following terms shall have the
meanings indicated:
CONSUMER FIREWORKS
Explosive devices designed primarily to produce visible or
audible effects by combustion and includes aerial devices and ground
devices, all of which are classified as fireworks, UN0336, 1.4G by
regulation of the United States Department of Transportation, as amended
from time to time, and which were formerly classified as Class C common
fireworks by regulation of the United States Department of Transportation.
DISCHARGE SITE
The area immediately surrounding the fireworks mortars used
for an outdoor fireworks display.
DISPLAY FIREWORKS
Explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation. This term
includes devices containing more than two (2) grains (130 mg) of explosive
composition intended for public display. These devices are classified
as fireworks, UN0335, 1.3G by regulation of the United States Department
of Transportation, as amended from time to time, and which were formerly
classified as Class B display fireworks by regulation of the United
States Department of Transportation.
DISPLAY SITE
The immediate area where a fireworks display is conducted,
including the discharge site, the fallout area, and the required separation
distance from mortars to spectator viewing areas, but not spectator
viewing areas or vehicle parking areas.
FIREWORKS
Any composition or device for producing a visible, audible,
or both visible and audible effect by combustion, deflagration, or
detonation 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, and
American Pyrotechnics Association 87-1 standards.
LICENSED OPERATOR
Any person who supervises, manages, or directs the discharge
of outdoor display fireworks, either by manual or electrical means;
who has met additional requirements established by promulgated rule
and has successfully completed a display fireworks training course
recognized and approved by the State Fire Marshal.
PERMANENT STRUCTURE
Buildings and structures with permanent foundations other
than tents, mobile homes, and trailers.
PERSON
Any corporation, association, partnership or individual,
or group thereof.
PROXIMATE FIREWORKS
A chemical mixture used in the entertainment industry to
produce visible or audible effects by combustion, deflagration, or
detonation, as defined by the most current edition of the American
Pyrotechnics Association (APA), Standard 87-1, section 3.8, specific
requirements for theatrical pyrotechnics.
PYROTECHNIC OPERATOR or SPECIAL EFFECTS OPERATOR
An individual who has responsibility for pyrotechnic safety
and who controls, initiates, or otherwise creates special effects
for proximate fireworks and who has met additional requirements established
by promulgated rules and has successfully completed a proximate fireworks
training course recognized and approved by the State Fire Marshal.
B. Sale Prohibited; Exceptions.
1.
No person shall sell, offer for sale, trade, give away or otherwise
make fireworks available to any other person within the corporate
limits of the City except between June twentieth (20th) through July tenth (10th), inclusive,
of each year. All seasonal fireworks retailers shall be licensed by
the City of Savannah to sell, offer for sale, trade, give away or
otherwise make available fireworks. This business license shall be
granted by the City staff, subject to the granting of a permit from
the State Fire Marshal.
2.
All seasonal retailers will comply with the permit procedures,
promulgated rules and regulations as set forth by the Missouri State
Fire Marshal. All seasonal retailers of fireworks within the City
shall have first procured bodily injury and property damage liability
insurance in the amount of eight hundred thousand dollars ($800,000.00),
individual and aggregate, naming the City of Savannah as an additional
insured.
C. Discharge Prohibited; Exceptions.
No person shall ignite, discharge or set off fireworks within
the corporate limits of the City except between the hours of 8:00
a.m. to 11:59 p.m. on July fourth (4th),
annually.
D. Public Display.
The Board of Aldermen may, upon application and proper fireworks
display site safety inspection, permit the discharge of fireworks
at other times for exhibition purposes at fairs and celebrations.
The applicant will comply with terms, conditions and other recommendations
set forth in the site safety inspection and promulgated rules and
regulations set forth by the Missouri State Fire Marshal.
E. Use Of Fireworks With Aerial Trajectory Prohibited; When; Seizure;
Destruction.
The City Administrator, in conjunction with the Fire Chief,
may issue a ban within the City limits on the discharge of bottle
rockets, rockets of all types and sizes, and any and all fireworks
with an aerial trajectory having a cylinder or cartridge holding a
propellant charge, during extreme wind and/or dry conditions. During
the ban the Chief of Police or his/her representative may seize, take,
remove or cause to be removed, destroy or cause to be destroyed, at
the expense of the owner, all fireworks prohibited during the described
ban under this Section.
F. Additional Regulations.
1.
The sale of fireworks and the erection of temporary stands for
such purpose are permitted in the following zoning districts:
a.
"C-1" Neighborhood Commercial District.
b.
"C-2" Central Business District.
c.
"C-3" General Commercial District.
d.
"M-1" Business Park District.
e.
"A-1" Agriculture District.
f.
Industrial Districts at the discretion of the Board of Aldermen.
2.
Applicant shall furnish a plot plan of the tract showing the
location of the proposed stand or present building in which fireworks
shall be sold. Dimensions of the building and distances from the street,
property lines, adequate off-street parking and other buildings on
the lot must be shown. The off-street parking must be on a lot covered
with either a hard surface or gravel. Off-street parking on grassed
areas shall not be permitted.
3.
Sales and storage of fireworks must be at least one hundred
(100) feet from a residence.
4.
Fire protection measures in the form of a water hose, fire extinguisher
and sand buckets must be kept immediately available at all times.
5.
Stands must be at least fifty (50) feet from the above ground
or below ground fuel storage tanks.
6.
Fireworks shall not be sold by minors except under the direct
supervision of an adult.
7.
Licenses for the sale of fireworks must be posted in a conspicuous
place, either on the stand or near the counter if sale is within a
building.
8.
The operator of a stand or counter must post a sign, clearly
visible, prohibiting loitering, smoking, open burning and/or the discharge
of fireworks in the vicinity.
9.
Temporary stands are to be dismantled and removed completely,
and the area restored to its former condition by midnight July tenth
(10th) of the license year.