[Ord. No. 19 §93-41; Ord. No. 540, 4-12-1993]
A. 
Purpose. Open and abandoned excavations upon property lying within the City are deemed to be attractive and dangerous nuisances to children and to be in other respects a menace to the public health and safety. Therefore, it is necessary to regulate excavation within the City of Herculaneum.
B. 
Ongoing Excavation. Any owner or lessee of property, or any contractor working upon property in connection with any lawful construction project, must take steps to alleviate any danger to the public by covering said excavation to the extent possible and warning of said excavation. All excavations shall be roped or barricaded in such a way to prevent the general public from being injured in such an excavation.
C. 
Abandoned Excavation. Whenever it shall appear that a construction project, in connection with which an excavation was either wholly or partially made, has been abandoned, and that such excavation has not been completely filled or completely covered, the Board shall cause a written notice to be served upon the owner or lessee of such property, either personally or by registered mail, calling attention to the existence of such excavation, the apparent abandonment of the project in connection with which the same was made and directing the excavation to be completely filled or completely covered within a period of seventy-two (72) hours from the date of such notice. For those excavations which were intended to be basements of buildings, the excavation need not be completely filled or covered within a period of seventy-two (72) hours, but such excavation shall begin to be filled within seventy-two (72) hours, and will be completely filled or completely covered within a reasonable time after receiving notice from the Board. Immediately after receiving such notice, the owner or lessee of land containing any abandoned excavation shall take the precautionary measures required for ongoing excavations. No ongoing construction of a home or building shall be deemed abandoned if progress on the construction is being made.
D. 
Violations And Penalties. Any person who shall violate or who shall fail to comply with the provisions of this Section shall, upon conviction in Municipal Court, be found guilty of a misdemeanor. Such person shall be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) to be imposed and collected in a like manner as fines are imposed.
[Ord. No. 19 §93-42]
It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an air-tight door or lid, snaplock or other locking device from the icebox, refrigerator or container.
[Ord. No. 19 §93-43]
It shall be unlawful within the City to package, sell, give, trade or otherwise convey any article for use in or around the household in a polyethylene bag, or bag of similar physical properties, or sell or distribute any polyethylene bag, or bag of similar material for use in and around the household, unless the bag bears a warning against the hazard of suffocation by children in the following or substantially equivalent wording.
"WARNING: KEEP THIS BAG AWAY FROM BABIES AND CHILDREN. DO NOT USE IN CRIBS, BEDS, CARRIAGES, OR PLAY PENS. THIS FILM MAY CAUSE SUFFOCATION."
The warning shall be printed on, attached to or accompany each bag; provided, that it shall be permissible to print the warning on the outside wrapper of bags intended for home processing use only, e.g. freezer bags, garbage disposal bags, in lieu of on each individual bag.
The warning shall be prominently and conspicuously displayed in bold face type, in accordance with the following table:
Total of the length and width of the bag, combined.
60 inches or more
24 points
40 inches, but less than 60 inches
18 points
30 inches, but less than 40 inches
14 points
Less than 30 inches
10 points
For the purpose of this Section, a "plastic bag" shall mean a bag made of polyethylene film or similar material, intended for household use or for packaging articles intended for household use which is larger than forty (40) square inches at the opened end, or a capacity of more than one hundred twenty-five (125) cubic inches and is made of film less than one mil (one thousandth inch) in thickness, according to standards established by the commodity standards division of the U.S. Department of Commerce.
[Ord. No. 19 §93-44; Ord. No. 08-2008 §1, 1-28-2008; Ord. No. 27-2024, 7-15-2024]
A. 
Definitions. As used in this Section the following words have the meaning indicated:
CANVASSER
Is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of:
1. 
Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
2. 
Distributing a handbill or flyer advertising a non-commercial event or service.
PEDDLER
Is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. A "peddler" does NOT include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such a person is a "solicitor."
SOLICITOR
Is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of:
1. 
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service; or
2. 
Distributing a handbill or flyer advertising a commercial event or service.
B. 
Exception. This Section shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer.
C. 
Distribution Of Handbills And Commercial Flyers. In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:
1. 
No handbill or flyer shall be left at, or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way. The Police are authorized to remove any handbill or flyer found within the right-of-way.
2. 
No handbill or flyer shall be left at, or attached to any privately owned property in a manner that causes damage to such privately owned property.
D. 
General Prohibitions. No peddler, solicitor or canvasser shall:
1. 
Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing. Such sign need not exceed one (1) square foot in size and may contain words such as "no soliciting" or "no solicitors" in letters of at least two (2) inches in height. (The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and canvassers.)
2. 
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words "no soliciting" or "no solicitors" and which is clearly visible to the peddler, solicitor or canvasser.
3. 
Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
4. 
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
5. 
Enter upon the property of another except between the hours of 9:00 A.M. and 8:00 P.M.
Except that the above prohibitions shall not apply when the peddler, solicitor, or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
E. 
Violation To Be Prosecuted As Trespass. Any person violating any part of this Section shall have committed a trespass on such property, and shall be prosecuted under the general trespass ordinance of the City. The penalty for such violation shall be the same as for any other trespass.
[1]
Editor's Note: Former Section 220.050, Hawkers — Univited Solicitation, adopted by Ord. No. 19 §93-45; as amended by Ord. No. 08-2008 §2, 1-28-2008, was repealed by Ord. No. 27-2024, 7-15-2024.
[Ord. No. 19 §93-46]
Any person who shall commit, attempt to commit, conspire to commit or aid or abet in the commission of any act declared in this Code to be in violation of the ordinances of this City, whether individually, or in connection with one or more other persons, or as a principal, agent or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this Code is likewise guilty of such offense.