City of Peculiar, MO Article IV Fence and Outdoor Burning Regulations [1]

[1] Editor's Note: The title of this Article, which was formerly Fence Regulations, was amended by Ord. No. 04012019, 4-1-2019.

Section 500.110 Fences — Permits — Regulations.

[Ord. No. 120495 §§1 — 9, 12-4-1995; Ord. No. 030402A §2, 3-4-2002; Ord. No. 07012013A, 7-1-2013; Ord. No. 10192015 §II, 10-19-2015[1]]

A. No fence shall be constructed within the corporate limits of the City until a permit has been obtained from the City. There shall be a charge for the issuance of each fence permit in the sum of ten dollars ($10.00).

B. No fence other than an ornamental fence shall be located in the front yard in districts zoned residential.

C. Fences in residential areas shall not be higher than three (3) feet six (6) inches in the front yard and six (6) feet in the side yard and back yard; sight distances shall be maintained on corner lots so as not to block the view of vehicular traffic.

D. All damage to a fence placed within a public or utility easement incurred as the result of any permitted activity by a public agency or utility company shall be the sole responsibility of the property owner.

E. No T-post, barbed wire, razor wire or electrified fences shall be constructed except in an agricultural district.

F. Fences in commercial and industrial districts shall be allowed in the side and rear yards and shall not be less than six (6) feet in height nor more than eight (8) feet in height.

G. Fence construction and location shall maintain appropriate sight distances at street intersections, driveway and alley entrances and sidewalks so as not to block the view of vehicular traffic.

H. All applications for a fence permit shall be accompanied by one (1) set of drawings and all specifications along with a plat of the site showing the location of all proposed as well as existing buildings.

I. Any person who builds a fence without first obtaining a permit or in non-compliance with this Section shall, upon conviction, be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).

J. The finished side of board, ornamental or other fence structures shall be constructed so the finished side is to the outside of the property line.

K. Definitions. As used in this Section, the following terms shall have the meanings indicated:

ORNAMENTAL FENCE

A fence constructed for decoration or ornamental purposes and not for utilitarian purposes.

[1] Editor’s Note: Former Article III, Fence Regulations, containing Section 500.110,was redesignated as Article IV by §II of Ord. No. 10192015.

Section 500.115 Outdoor Burning Regulations.

[Ord. No. 04012019, 4-1-2019]

A. Outdoor burning of trees, leaves, brush or any other type of vegetation is subject to the provisions of this Article and may be enforced by any Police Officer, Code Enforcement Officer, or other official designated by the Police Chief or Mayor.

1. Responsible Party. The property owner or their designated representative shall be the responsible party for any instance of outdoor burning. The responsible party must be at least eighteen (18) years of age and must be present during the entirety of the burn.

2. Time. Such material shall be burned only between the hours of 6:00 A.M. and 9:00 P.M., Monday through Saturday; however, during daylight saving time such materials may be burned until 10:00 P.M. Monday through Saturday.

3. Generally. Outdoor burning of the following materials is prohibited within the corporate limits of the City, and each instance of outdoor burning of material from each of the below enumerated classes shall constitute a separate violation of this Chapter, subject to its own penalty:

a. Asbestos. Any material containing asbestos.

b. Garbage. All animal and vegetable matter resulting from the handling, preparation, cooking, and consumption of food.

c. Hazardous Or Highly Flammable Materials. Material constituting, contaminated by, or treated with, preservatives, paint, petroleum, pesticides, or other hazardous, explosive, or highly flammable chemicals or substances.

d. Organic Allergens. Poison ivy, poison oak, poison sumac, or similar allergenic material.

e. Rubbish. Solids not considered to be highly flammable or explosive, including, but not limited to, rags, old clothes, leather, carpets, household trash, plastic, paper, furniture, tin cans, glass, crockery, masonry, and other similar materials.

f. Trade Waste. All solid or liquid material or rubbish resulting from construction, building operations, or the performance of any business, manufacturing, trade, or industry, including, but not limited to, the waste and refuse created by demolition or construction, plastic products, cartons or containers, paint, paper, grease, oil and other petroleum products, chemicals, organic and non-organic compounds, animal waste or by-products, cinders, and other forms of solid or liquid waste materials.

g. Household Waste. All waste on or from properties with four (4) or more residential units, such as mobile home parks or multifamily dwellings.

4. Burning During Unfavorable Meteorological Conditions. No outdoor burning of any type shall be conducted during unfavorable meteorological conditions, including, but not limited to, temperature inversions, periods of drought or extreme dry weather, high winds, or air stagnation. In the event the West Peculiar Fire District Fire Chief or his designee issues a moratorium to temporarily prohibit all outdoor burning during unfavorable meteorological conditions, the Chief of Police or his designee shall issue an identical moratorium, effective for citizens within the corporate limits of the City. An identical concurrent moratorium by the Chief of Police shall be presumed in all events that the West Peculiar Fire District issues a moratorium on open burning, such that failure of the Chief of Police or his designee to issue a separate moratorium shall not excuse any person from abiding by the terms of the moratorium issued by the West Peculiar Fire District.

5. Burning On Streets And Alleys Prohibited. No burning of any type shall be conducted on the right-of-way of any public street, road, alley, or highway.

6. Burning In Ditches, Drainage Tubes, And Culverts Prohibited. No burning of any type shall be conducted in or on any ditch, culvert, or other conveyance designed to direct or carry away an accumulation of rain or surface water which is located on any right-of-way or easement dedicated to the City.

7. Location. The location for outdoor burning shall not be less than fifty (50) feet from any structure, and provisions shall be made to prevent the fire from spreading to within fifty (50) feet of any structure.

a. Exceptions:

(1) Fires in approved containers that are not less than fifteen (15) feet from a structure.

(2) The minimum required distance from a structure shall be twenty-five (25) feet where the pile size is three (3) feet or less in diameter and two (2) feet or less in height.

b. Bonfires. A bonfire shall not be conducted within fifty (50) feet of a structure or combustible material. The pile size shall be less than five (5) feet (W) by five (5) feet (L) by five (5) feet (H). The bonfire shall be contained within a fire pit, and conditions which could cause a fire to spread within fifty (50) feet of a structure shall be eliminated prior to ignition.

c. Recreational Fires. Recreational Fires shall not be conducted within twenty-five (25) feet of a structure or combustible material. The pile size shall be three (3) feet or less in diameter and two (2) feet or less in height. The recreational fire shall be contained within a fire pit, and conditions which could cause a fire to spread within twenty-five (25) feet of a structure shall be eliminated prior to ignition.

d. Portable Outdoor Fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within fifteen (15) feet of a structure or combustible material.

8. Attendance. Outdoor burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate use.

9. Nuisance And Abatement Thereof. Any fire causing smoke which becomes offensive to neighbors must be extinguished and may constitute a nuisance under the City Code. In addition to the enforcement processes and penalties provided herein, any outdoor burning which is deemed a nuisance and a threat to public health, safety and welfare may be summarily abated at the direction of any Police Officer or Fire Department personnel.

10. Structures. Standing or razed structures may only be burned with the written approval of the Fire Department. Prior to issuing such written approval, the Fire Department shall inspect the structure to be burned, and the Fire Department shall only issue written approval to burn the structure if it can be burned safely, considering the restrictions listed above.

11. Prohibited Conduct.

a. No person shall cause, suffer, or permit any outdoor burning whatsoever if said burning operation is in violation of this Chapter or otherwise in violation of any City, State, or Federal law or regulation.

b. No person shall in any manner hinder, delay, obstruct, resist, prevent, or in any way interfere with any City personnel in the performance of their duties under this Chapter.

12. Penalties. Any person found to be violating any of the provisions of this Chapter shall be subject to a citation with the following penalties: the maximum allowable fine is two hundred dollars ($200.00) for the first offense, two hundred seventy-five dollars ($275.00) for the second offense, three hundred fifty dollars ($350.00) for the third offense, and four hundred fifty dollars ($450.00) for the fourth and subsequent offenses, for any violations committed within a twelve-month period.