[CC 1981 §215.030; Ord. No. 308 §§1 — 5, 9-8-1971; Ord. No. 328 §2, 7-26-1972]
A. It shall be unlawful for any person, firm or corporation to sell, possess, offer for sale, expose for sale, use, discharge or explode within the City of Winchester any toy pistol, toy cannon, cane or pistol in which blank cartridges or explosives are used or the type of balloon requiring fire underneath to propel the same, firecrackers, torpedoes, sky rockets, rockets, missiles, Roman candles, aerial salutes, bombs or other fireworks, except as provided in Subsection
(B), provided however, that the term
"fireworks" shall not include
toy pistols, toy canes, toy guns or other devices in which paper caps
are used containing not in excess of an average of twenty-five hundredths
(.25) of a grain of explosive compound per cap.
B. Nothing
contained in this Section shall prohibit the sale, possession and
use of sparklers, colored flames, cylindrical fountains with a handle
or base or spike which do not emit balls or globes of fire, colored
cone fire, box fire and torches, wheels, magic snakes, cone fountains
and colored mines and shells not designated to produce an audible
effect; or the sale, possession and use of blank cartridges for theatrical
purposes or signal purposes in athletic contests or sporting events
or items for the use of Police or military organizations, or flares
used by railroads or other public or private transportation agencies
for signaling purposes, nor shall this Section prohibit the sale,
possession or use of fireworks for pyrotechnic displays given by any
organization, amusement park, officials in charge of public parks
or group of individuals provided that they first obtain a permit from
the Chief of Police of the City of Winchester.
C. Permits
for a pyrotechnic display shall be issued by the Chief of Police of
the City of Winchester and all applications for permits shall be addressed
to the Chief of Police. Before issuing said permit, the Chief of Police
shall investigate the application and if he/she finds that the public
safety will not be endangered by such display, he/she shall issue
such permit.
D. In
addition to the issuance of permits provided herein, the Chief of
Police shall promulgate such reasonable rules and regulations governing
the sale, possession and use of fireworks as are deemed necessary
by that officer to insure public safety and welfare.
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, leaves or similar
organic matter, 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 on any private real
property owned by another without his/her consent.
[CC 1981 §215.070; Ord. No. 157 §§1 — 3, 5-8-1963; Ord. No. 328 §2, 7-26-1972]
It shall be unlawful for any person to burn trash or refuse
of any kind, whether animal, vegetable, mineral or material or of
any nature.
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.
A person commits the offense of abandoning a motor vehicle if
he/she abandons any motor vehicle on the right-of-way of any public
road or State highway or on or in any of the waters in this State
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 any political subdivision thereof or on any land or water
owned, operated or leased by the Federal Government or on any private
real property owned by another without his/her consent.