City of Union, MO Article IV Offenses Concerning Public Safety [1]

[1] Cross References — As to health nuisances, §220.010; as to nuisance abatement procedure, §220.010; as to streets and sidewalks, ch. 510.

Section 215.230 Littering. [1]

[R.O. 2012 §215.230; CC 1992 §13-95; Ord. No. 1633, 4-11-1983]

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, solid waste, yard waste, limbs or rubbish of any kind, nature or description on the right-of-way of any public street, road or State highway, or on or in any of the waters in the City or on the banks of any stream, or on any land or water owned, operated or leased by the City or any Board, department, agency or commission thereof, or on any land or water owned, operated or leased by the State or Federal Government, or on any private real property owned by another without his/her consent.

[1] Cross References — As to solid waste collection and disposal, §§240.010 et seq.; as to polluting water supply, §705.030.

Section 215.240 Obstructing Streets or Sidewalks Generally. [1]

[R.O. 2012 §215.240; CC 1992 §13-101; Ord. No. 1633, 4-11-1983]

A person commits the offense of obstructing streets and sidewalks if he/she obstructs any street, sidewalk, alley or any part thereof.

[1] Cross Reference — As to obstructing streets or sidewalks, §510.150.

Section 215.250 Junk Yards. [1]

[R.O. 2012 §215.250; CC 1992 §13-103.1; Ord. No. 1796 §§1 — 3, 10-12-1987]

A. Prohibited. Junk yards, as defined in this Section, are hereby prohibited within the City limits.

B. Definitions. For purposes of this Section, the following definitions shall apply:

JUNK YARD

As defined in Section 405.050 of this Code.

JUNKED MOTOR VEHICLE

As defined in Section 405.050 of this Code.

UNLICENSED MOTOR VEHICLE

Any motor vehicle which, under the laws of the State, is required to be licensed, which has not been so licensed or which license has not been renewed.

C. Restrictions On Auto Body Shops And Repair Garages. Any collection of inoperable or wrecked vehicles must have active repair orders for each such vehicle in the hands of the operator and must be repaired within ninety (90) days or it shall be deemed a junked vehicle. Three (3) or more of such vehicles shall constitute a junk yard and shall be a violation of this Section.

D. Notice Of Violation. Notice shall be served upon the property owner whenever it appears the property owner is in violation of this Section, and the owner will be required to abate the violation within fourteen (14) days.

E. Penalty. If violation is not abated within the fourteen (14) day period from the date of notice, the violation of this Section shall be an ordinance violation, and upon conviction thereof the court may impose a fine as set forth in Section 100.150 of this Code.

[1] Cross Reference — As to licenses and business regulations, ch. 605.

Section 215.260 Placing Placards or Advertisements Upon Public Property.

[R.O. 2012 §215.260; CC 1992 §13-111; Ord. No. 1633, 4-11-1983]

A person commits the offense of placing placards or advertisements upon public property if he/she places or causes to be placed any placard, poster, sign or advertisement of any kind or character upon any pole, tree or building which is located upon any street, alley or other public property in the City.

Section 215.270 Use of Skateboards and Other Like Instruments — Limitation — Penalty for Violation.

[R.O. 2012 §215.270; CC 1992 §13-69; Ord. No. 2185 §1, 11-15-1994; Ord. No. 3297 §1, 9-24-2007]

A. Definition. For the purposes of this Section, the phrase "skateboard or other like instruments" shall be deemed to refer to any non-motorized instrument, used to transport person or persons by means of wheels, rollers, etc., propelled solely by the force of its rider and shall not include any wagon or other device not so propelled.

B. Prohibited In Business Districts. No person shall use, operate or permit the use or operation of any skateboard or like instrument on any sidewalk, street, parking lot, or other public place in any business district in the City as determined by the City zoning ordinance map, as the same may now exist or as it may be amended from time to time.

C. Permitted, Where. The use of any skateboard or other instrument as defined in Subsection (A) above is hereby permitted on sidewalks in all zoning districts other than business districts as set forth above. The use of skateboards or other like instruments as defined in Subsection (A) above on any City street is hereby prohibited except while crossing a street at a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. The use of skateboards or other like instruments as defined herein on any City sidewalk shall be prohibited during non-daylight hours.

D. Yielding Right-Of-Way. The user of any skateboard or like instrument shall give way to any pedestrian, bicycle or any other user of the sidewalk and shall not interfere with the proper use of the public way by any other person.

E. Penalty For Violation. Every person convicted of a first (1st) violation of any provision of this Section shall be punished by a fine of not less than five dollars ($5.00) and not more than twenty-five dollars ($25.00). Any person convicted a second (2nd) or subsequent times for a violation of any provision of this Section shall be subject to such penalty as is set forth in Section 100.150 of this Code.

Section 215.280 Tampering.

[R.O. 2012 §215.280]

A. A person commits the offense of tampering if he/she:

1. Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another;

2. Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle;

3. Tampers or makes connection with property of a utility; or

4. Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:

a. To prevent the proper measuring of electric, gas, steam or water service; or

b. To permit the diversion of any electric, gas, steam or water service.

B. In any prosecution under paragraph (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in paragraph (4) of Subsection (A), shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subdivision by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.

Section 215.285 Hazardous or Infectious Waste. [1]

[R.O. 2012 §215.285; CC 1992 §§11-16 — 11-17; Ord. No. 1894 §1, 8-14-1989]

A. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

DISPOSAL

The discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that such waste, or any constituent thereof, may enter the environment or be emitted into the air or be discharged into the waters, including ground water.

HAZARDOUS WASTE

Any waste or combination of wastes, as determined by State law or regulations, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a present or potential threat to the health of humans or the environment.

INFECTIOUS WASTE

Waste in quantities and characteristics as determined by the State Department of Natural Resources by rule and regulation, including the following wastes known or suspected to be infectious: isolation wastes, cultures and stocks of etiologic agents, contaminated blood and blood products, other contaminated surgical wastes, wastes from autopsy, contaminated laboratory wastes, sharps, dialysis unit wastes, discarded biologicals and antineoplastic chemotherapeutic materials; provided however, that infectious waste does not mean waste treated to Department specifications.

PERSON

An individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the State or Federal Government or any other legal entity whatever which is recognized by law as the subject of rights and duties.

STORAGE

The containment or holding of waste at a designated location in such manner or for such a period of time, as determined in regulations adopted under this Article, so as not to constitute disposal of such waste.

TREATMENT

The processing of waste to remove or reduce its harmful properties or to contribute to more efficient or less costly management or to enhance its potential for resource recovery, including but not limited to, existing or future procedures for biodegradation, concentration, reduction in volume, detoxification, fixation, incineration, plasma arc technology, or neutralization.

B. Disposal, Storage Or Treatment Prohibited — Transport. It shall be unlawful for any person to dispose of, store or engage in the treatment of hazardous waste or infectious waste within the City limits. It shall also be unlawful for any person to transport hazardous or infectious waste within the City limits in any manner other than as provided in Section 307.177, RSMo.

[1] Cross References — As to general definitions and rules of construction, §100.020; as to garbage, trash, solid waste and composting, ch. 240; as to disposal of hazardous waste, §240.050(B); as to traffic and motor vehicles, Title III.

Section 215.287 Ephedrine Control.

[R.O. 2012 §215.287; Ord. No. 2821 §1, 3-10-2003; Ord. No. 3492 §1, 10-12-2009; Ord. No. 3766 §1, 1-14-2013]

A. Definitions. As used in this Section, the following words and/or phrases shall have the meanings as set forth herein:

COUNTER

Any obstructive, physical barrier that separates ephedrine products from access by a customer or the general public and which makes such products available to a customer or the general public only through or by the act of an employee of the seller.

EPHEDRINE

All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, phenylpropanolamine and all combinations of these chemicals.

EPHEDRINE PRODUCT

Any product that contains ephedrine, its salts, isomers or salts of isomers as its sole active ingredient or in combination with less than therapeutically significant quantities of other active ingredients.

PACKAGE

Any number of pills, tablets, capsules, caplets or individual units of a substance held within a container intended for sale.

PERSON

Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity selling an ephedrine product to customers.

SELL

To knowingly furnish, give away, exchange, transfer, deliver, surrender or supply whether for monetary gain or not.

B. Restrictions On Public Access To Ephedrine Products. It shall be unlawful for any person to sell, distribute or deliver any ephedrine product within the City of Union except as listed below. The following are exceptions to the prohibition against sale, distribution and delivery stated above:

1. Ephedrine, pseudoephedrine or other methamphetamine precursors may be delivered to a person by a Missouri licensed pharmacist after being authorized to do so pursuant to a prescription from a physician or other health care professional licensed by the State of Missouri (hereinafter "practitioner") to write prescriptions. The requirement for a prescription is satisfied by any of the following methods:

a. By a written prescription signed by a practitioner;

b. By a facsimile of a written, signed prescription transmitted by the practitioner or his authorized agent to the pharmacy;

c. By an oral prescription made by an individual practitioner whether communicated by the practitioner or his authorized agent to the pharmacy;

d. By a prescription transmitted by electronic computer transmission by the authorizing practitioner or the practitioner's agent to the pharmacy.

All oral prescriptions and prescriptions transmitted by electronic computer transmission shall be promptly reduced to writing by the pharmacist containing all information required in Section 195.060, RSMo., except for the signature of the practitioner.

2. Ephedrine, pseudoephedrine or other methamphetamine precursors may be distributed by a licensed physician or other health care professional licensed by the State of Missouri to write prescriptions within a physician's office, clinic, nursing home or other licensed health care facility.

3. This Section regulating delivery of ephedrine, pseudoephedrine or other methamphetamine precursors shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra.

4. Any compound, mixture, or preparation identified by the Federal Drug Administration (FDA) containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except any dietary supplements, herbs, or natural products, including concentrates or extracts, that are not otherwise prohibited by law and that contain naturally occurring ephedrine alkaloids in a matrix of organic material such that the substances do not exceed fifteen percent (15%) of the total weight of the dietary supplement, herb, or natural product.

5. Upon written exemption granted in response to an application of a manufacturer, by the Missouri Department of Health and Senior Services and/or the Franklin County Department of Health, and for so long as the written exemption is valid, any product containing any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenlypropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers from the application of all or any part of Sections 195.010 to 195.320, RSMo., because the product is proven to not be feasible for the conversion of the active ingredient into methamphetamine or its salts or precursors. For purposes of this Subdivision, "proven" includes, but is not limited to, the fact that the compound, mixture, or preparation releases a deminimus amount of the active ingredient used for conversion into methamphetamine or its salts or precursors.

C. Reporting Theft Of Ephedrine Products.

1. Any person who sells ephedrine products and who discovers a theft, disappearance or other loss of ephedrine product shall report the theft, disappearance or loss in writing to the Union Police Department within three (3) calendar days of such a discovery.

2. Any person who sells ephedrine products shall report to the Union Police Department any difference between the quantity of ephedrine products shipped and the quantity of ephedrine products received within three (3) calendar days of discovery.

D. Penalty And Injunctive Relief.

1. Each day a violation of Section 215.287 exists shall be considered a separate offense.

2. The City Administrator may institute an action for injunctive relief to enforce the provisions of this Section 215.287.

3. Every act or omission constituting a violation of any of the provisions of this Section 215.287 by any agent or employee of any person shall be deemed and held to be the act of such person, and said person shall be punishable in the same manner as if said act or omission had been done or omitted by him or her or it personally, provided such act or omission was within the scope of employment or the scope of authority of such agent or employee.

4. Each violation shall be punishable by a fine not to exceed five hundred dollars ($500.00) and/or a jail sentence not to exceed thirty (30) days.