A.
A person commits the offense of abandonment of an airtight or semi-airtight
container if he or she knowingly abandons, discards, or permits to
remain on premises under his or her control, in a place accessible
to children, any abandoned or discarded icebox, refrigerator, or other
airtight or semi-airtight container which has a capacity of one and
one-half (1 1/2) cubic feet or more and an opening of fifty (50)
square inches or more and which has a door or lid equipped with hinge,
latch or other fastening device capable of securing such door or lid,
without rendering such equipment harmless to human life by removing
such hinges, latches or other hardware which may cause a person to
be confined therein.
B.
Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouse operator or repair person.
D.
The offense of abandonment of an airtight or semi-airtight container
is an ordinance violation.
[Ord. No. 2012-17 §§1 — 2, 5-14-2012]
A.
Purpose And Intent. The purpose of this Section is to:
1.
Protect the public health, safety, environment, and general welfare
through the regulation and prevention of litter.
2.
Provide for uniform prohibition throughout the City of Overland of
any and all littering on public or private property; and
3.
Prevent the desecration of the beauty and quality of life of the
City of Overland and prevent harm to the public health, safety, environment,
and general welfare, including the degradation of water and aquatic
resources caused by litter.
B.
LITTER
LITTERING
PUBLIC OR PRIVATE PROPERTY
Definitions. As used in this Section, the following words
shall have the meanings set out herein:
Any organic or inorganic waste material, rubbish, refuse,
garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand,
gravel, slag, brickbats, metal, plastic, and glass containers, broken
glass, dead animals or intentionally or unintentionally discarded
materials of every kind and description.
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 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.
The right-of-way of any road or highway; any body of water
or watercourse or the shores or beaches thereof; any park, playground,
building, refuge, or conservation or recreation area; timberlands
or forests; and residential, commercial, industrial, or farm properties.
C.
Applicability. This Section shall apply to all public and
private property within the City of Overland.
D.
Prohibition Against Littering Public Or Private Property Or Waters. It shall be unlawful for any person or persons to dump, deposit,
throw or leave or to cause or permit the dumping, depositing, placing,
throwing or leaving of litter on any public or private property in
the City of Overland or any waters in the City of Overland unless:
1.
The property is designated by the State or by any of its agencies
or political subdivisions for the disposal of such litter, and such
person is authorized by the proper public authority to use such property;
or
2.
The litter is placed into a receptacle or container installed on
such property; or
3.
The person is the owner or tenant in lawful possession of such property,
or has first obtained consent of the owner or tenant in lawful possession,
or unless the act is done under the personal direction of the owner
or tenant, all in a manner consistent with the public welfare.
E.
Compatibility With Other Regulations. This Section is not
intended to interfere with, abrogate, or annul any other Section,
rule or regulation, Statute, or other provision of law. The requirements
of this Section should be considered minimum requirements, and where
any provision of this Section imposes restrictions different from
those imposed by any other ordinance, rule or regulation, or other
provision of law, whichever provisions are more restrictive or impose
higher protective standards for human health or the environment shall
be considered to take precedence.
F.
Vehicle Loads Causing Litter. No person shall operate any
motor vehicle with a load on or in such vehicle unless the load on
or in such vehicle is adequately secured to prevent the dropping or
shifting of materials from such load onto the roadway.
G.
Severability. If the provisions of any Article, Section,
Subsection, paragraph, subdivision or clause of this Section shall
be judged invalid by a court of competent jurisdiction, such order
of judgment shall not affect or invalidate the remainder of any Article,
Section, Subsection, paragraph, subdivision or clause of this Section.
H.
Evidence.
1.
Whenever litter is thrown, deposited, dropped or dumped from any
motor vehicle, boat, airplane, or other conveyance in violation of
this Section, it shall be prima facie evidence that the operator of
the conveyance has violated this Section.
2.
Except as provided in Subsection (H)(1), whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this Section is discovered to contain any article or articles, including, but not limited to, letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this Section.
A.
A person commits the offense of unlawful disposition of a dead animal
if he or she knowingly places or causes to be placed the carcass or
offal of any dead animal:
A.
A person
commits the offense of tampering with a water supply if he or she
purposely:
1.
Poisons, defiles or in any way corrupts the water of a well, spring,
brook or reservoir used for domestic or municipal purposes; or
2.
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 his/her, their
or its use.
B.
The
offense of tampering with a water supply is an ordinance violation.
A.
A person
commits the offense of abandoning a vehicle, vessel, or trailer if
he or she knowingly abandons any vehicle, vessel, or trailer on:
1.
The right-of-way of any public road or State highway;
2.
On or in any of the waters in this State;
3.
On the banks of any stream;
4.
On any land or water owned, operated or leased by the State, any
board, department, agency or commission thereof, or any political
subdivision thereof;
5.
On any land or water owned, operated or leased by the Federal government;
or
6.
On any private real property owned by another without his or her
consent.
B.
For
purposes of this Section, the last owner of record of a vehicle, vessel,
or trailer found abandoned and not shown to be transferred pursuant
to Sections 301.196 and 301.197, RSMo., shall be deemed prima facie
evidence of ownership of such vehicle, vessel, or trailer at the time
it was abandoned and the person who abandoned the vehicle, vessel,
or trailer or caused or procured its abandonment. The registered owner
of the abandoned vehicle, vessel, or trailer shall not be subject
to the penalties provided by this Section if the vehicle, vessel,
or trailer was in the care, custody, or control of another person
at the time of the violation. In such instance, the owner shall submit
such evidence in an affidavit permitted by the court setting forth
the name, address, and other pertinent information of the person who
leased, rented, or otherwise had care, custody, or control of the
vehicle, vessel, or trailer at the time of the alleged violation.
The affidavit submitted pursuant to this Subsection shall be admissible
in a court proceeding adjudicating the alleged violation and shall
raise a rebuttable presumption that the person identified in the affidavit
was in actual control of the vehicle, vessel, or trailer. In such
case, the court has the authority to terminate the prosecution of
the summons issued to the owner and issue a summons to the person
identified in the affidavit as the operator. If the vehicle, vessel,
or trailer is alleged to have been stolen, the owner of the vehicle,
vessel, or trailer shall submit proof that a police report was filed
in a timely manner indicating that the vehicle or vessel was stolen
at the time of the alleged violation.
C.
The
offense of abandoning a vehicle, vessel, or trailer is an ordinance
violation.
D.
Any
person convicted pursuant to this Section shall be civilly liable
for all reasonable towing, storage, and administrative costs associated
with the abandonment of the vehicle, vessel, or trailer. Any reasonable
towing, storage, and administrative costs in excess of the value of
the abandoned vehicle, vessel, or trailer that exist at the time the
property is transferred pursuant to Section 304.156, RSMo., shall
remain the liability of the person convicted pursuant to this Section
so long as the towing company, as defined in Chapter 304, RSMo., provided
the title owner and lienholders, as ascertained by the Department
of Revenue records, a notice within the time frame and in the form
as described in Subsection 1 of Section 304.156, RSMo.
[CC 1976 §18-16; Ord.
No. 828 §§1 — 2, 6-24-1963; Ord. No. 2369 §1, 10-12-1987]
A.
Defined. The term "fireworks" means and
includes any combustible or explosive composition, or any substance
or combination of substances, or article prepared for the purpose
of producing a visible or an audible effect by combustion, explosion,
deflagration or detonation, and includes blank cartridges, toy pistols,
toy cannons, toy canes, or toy guns in which explosives are used,
the type of balloons which require fire underneath to propel the same,
firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, sparklers
or other fireworks of like construction and any fireworks containing
any explosive or flammable compound, or any tablets or other devices
containing any explosive substance. The term "fireworks" shall not include toy pistols, toy canes, toy guns, or other devices
in which paper caps containing twenty-five hundredths (0.25) grams
or less of explosive compound are used, providing they are so constructed
that the hand cannot come in contact with the cap when in place for
use, and toy pistol paper caps which contain less than twenty-five
hundredths (0.25) grains of explosive mixture, the sale and use of
which shall be permitted at all times.
B.
Prohibited. Except as otherwise provided, the sale, or possession
for sale, of fireworks in the corporate limits of the City is hereby
prohibited. The City of Overland fireworks display shall be excepted
from this prohibition.
C.
It
shall be unlawful for any person to, in any manner, use, shoot, discharge,
explode, ignite or display any fireworks within the City, except as
provided in this Section.
[Code 1961 §6-22; CC 1976 §18-18]
The burning of leaves is hereby declared to be unlawful.
[Ord. No. 2021-24, 10-25-2021]
A.
It
shall be unlawful for any person to locate a Portable Storage Container
("PSC") within a residential district without first obtaining a permit
from the City.
B.
The
Director of Community Development is authorized to issue a permit
for the location of a portable storage container ("PSC") within a
residential district provided it meets the requirements of this Section.
The permit shall be issued for the specified period of time and shall
contain health, safety and traffic regulations. The Director of Community
Development may require such assurances or guarantees of compliance
with conditions as is reasonable and appropriate under the circumstances.
C.
The
location of a portable storage containers ("PSC"), within a residential
district, shall be subject to the following restrictions:
1.
As used in this Section, a portable storage container ("PSC"), shall
mean a transportable enclosure rented for use as temporary, on-site
storage. Portable storage containers are also commonly referred to
using the trade name "PODS."
2.
Permit Required. Any owner or occupier of residential property who
causes or allows a PSC to be parked, placed, or stored on a residential
lot must obtain a permit from the City, on a form provided by the
City, prior to the placement of the PSC.
3.
Such permit shall authorize a PSC parked, placed, or stored within
the City for up to thirty (30) days, provided that all setback and
building line requirements are met and, provided, further, that the
PSC is placed on a paved surface or other surface approved by the
Director of Community Development.
4.
The Director of Community Development may permit the placement of
a PSC on a driveway located in the front yard of a residence for a
period not to exceed fifteen (15) days if the topography or dimensions
of such lot do not allow for the PSC to be located within all setback
and building lines.
5.
The Director of Community Development may permit the placement of
a PSC on a residential lot for more than thirty (30) days, subject
to all building setback requirements; if the residence is under construction
or reconstruction pursuant to a valid building permit or if the lot
owner has demonstrated that extenuating circumstances exist to justify
the extension. Extenuating circumstances, shall include, but are not
limited to, disaster such as tornado, fire, flood, or earthquake.
6.
Signs on any PSC shall not exceed two (2) in number nor more than
six (6) square feet each and shall not exceed one (1) per side. In
the event that an extension of the original temporary permit's time
limit for placement of a PSC is granted by the Director of Public
Works, all signs must be removed or obscured.
7.
All PSCs must display a "placard" not to exceed one (1) square foot
in area which shall be clearly visible from the right-of-way and that
includes the PSC's serial/rental number, date of its placement on
the lot, date that removal is required and local telephone number
of PSC provider and lot owner.
8.
All PSCs must also meet the following requirements:
a.
The PSC shall only be delivered, relocated, or removed between the
hours of 7:30 A.M. and 6:00 P.M. Monday through Saturday;
b.
The PSC shall not be used for living quarters;
c.
The PSC shall not be used to store flammables, explosives, firearms,
or noxious chemicals;
d.
The PSC shall not be externally illuminated or have any utilities
connected to it; and
e.
The PSC shall not exceed eight (8) feet in height, eight (8) feet
in width or twelve (12) feet in length.
D.
The
offense of locating a portable storage container ("PSC"), in violation
of the above noted requirements, is an ordinance violation.
[Ord. No. 2021-24, 10-25-2021]
A.
It
shall be unlawful for any person to locate a temporary dumpster within
a residential district without first obtaining a permit from the City.
B.
The
Director of Community Development is authorized to issue a permit
for the location of a temporary dumpster within a residential district
provided it meets the requirements of this Section. The permit shall
be issued for the specified period of time and shall contain health,
safety and traffic regulations. The Director of Community Development
may require such assurances or guarantees of compliance with conditions
as is reasonable and appropriate under the circumstances.
C.
The
location of a temporary dumpster, within a residential district, shall
be subject to the following restrictions:
1.
As used in this Section, a "temporary dumpster" shall mean a large
container which is used or intended for use as temporary disposal
container.
2.
Permit Required. Any owner or occupier of residential property who
causes or allows a temporary dumpster to be parked, placed, or stored
on a residential lot must obtain a permit from the City, on a form
provided by the City, prior to the placement of the temporary dumpster.
3.
Such permit shall authorize a temporary dumpster parked, placed,
or stored within the City for up to thirty (30) days, provided that
all setback and building line requirements are met and, provided,
further, that the temporary dumpster is placed on a paved surface
or other surface approved by the Director of Community Development.
4.
The Director of Community Development may permit the placement of
a temporary dumpster on a driveway located in the front yard of a
residence for a period not to exceed fifteen (15) days if the topography
or dimensions of such lot does not allow for the temporary dumpster
to be located within all setback and building lines.
5.
If the temporary dumpster cannot be located outside of the public
right-of-way, the Director of Community Development or his/her designee
will inspect and determine where it is to be placed subject to the
following conditions.
6.
The temporary dumpster shall be placed no further than six (6) inches
from the curb to the inside corner of the temporary dumpster and must
allow for the safe passage of vehicles;
7.
The temporary dumpster shall be equipped with operating flashing
lights on each of the outside corners of light-equipped barricades
used to ensure vision of this obstruction to motorists at night;
8.
Two-inch thick lumber shall be placed under the wheels of the temporary
dumpster to spread the wheel loads, with the minimum width of number
being the width of the wheel; and
9.
The repair of any damage to pavement, curbing or sidewalks resulting
from placing, using, or removing the dumpster shall be the responsibility
of the applicant and shall be performed to the satisfaction of the
City.
10.
The Director of Community Development may permit the placement of
a temporary dumpster within the City for more than thirty (30) days,
if the residence is under construction or reconstruction pursuant
to a valid building permit or if the lot owner has demonstrated that
extenuating circumstances exist to justify the extension. Extenuating
circumstances, shall include, but are not limited to, disaster such
as tornado, fire, flood, or earthquake.
11.
All temporary dumpsters must also meet the following requirements:
a.
The temporary dumpsters shall only be delivered, relocated, or removed
between the hours of 7:30 A.M. and 6:00 P.M. Monday through Saturday;
b.
The temporary dumpsters shall not be used for living quarters;
c.
The temporary dumpsters shall not be used to store flammables, explosives,
firearms, or noxious chemicals;
d.
The temporary dumpsters shall not be externally illuminated or have
any utilities connected to it;
e.
Temporary dumpsters shall not have a capacity greater than twenty
(20) cubic yards;
f.
The temporary dumpster shall be removed when full and the waste deposited
at an appropriate facility;
g.
No waste shall be kept, stored, or accumulated outside a temporary
dumpster; and
h.
Construction dumpsters shall be kept free from standing water, vermin
and insects or other nuisances.
D.
The
offense of locating a temporary dumpster, in violation of the above
noted requirements, is an ordinance violation.
