A.
A person
commits the offense of abandonment of airtight icebox if he/she abandons,
discards or knowingly permits to remain on premises under his/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 (1½) 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.
[Ord. No. 93 §41, 5-23-1970]
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 shall be unlawful for any owner or lessee of such property
to cause an excavation to be made thereon in connection with any lawful
construction project and thereafter to abandon such project without
completely filling or completely covering the excavations thus made.
Whenever it shall appear that the 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 of Aldermen 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 that the excavation be
completely filled or completely covered, within a period of thirty
(30) days from the date of such notice.
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.
A.
If
any person or persons shall put any dead animal, carcass or part thereof,
the offal or any other filth into any well, spring, brook, branch,
creek, pond or lake, every person so offending shall, on conviction
thereof, be fined not less than twenty-five dollars ($25.00) nor more
than five hundred dollars ($500.00).
B.
If
any person shall remove or cause to be removed and placed in or near
any public road or highway, or upon premises not his/her own, or in
any river, stream or watercourse any dead animal, carcass or part
thereof, or other nuisance to the annoyance of the citizens of this
City, or any of them, every person so offending shall, upon conviction
thereof, be fined for every offense not less than twenty-five dollars
($25.00) nor more than five hundred dollars ($500.00), and if such
nuisance be not removed within three (3) days thereafter, it shall
be deemed a second (2nd) offense against the provisions of this Section.
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.
A person
commits the offense of abandoning a motor vehicle or trailer if he/she
abandons any motor vehicle or trailer 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.
B.
For
purposes of this Section, the last owner of record of a motor vehicle
or trailer found abandoned and not shown to be transferred pursuant
to Sections 301.196 and 301.197, RSMo., shall be deemed prima facie
to have been the owner of such motor vehicle or trailer at the time
it was abandoned and to have been the person who abandoned the motor
vehicle or trailer or caused or procured its abandonment. The registered
owner of the abandoned motor vehicle or trailer shall not be subject
to the penalties provided by this Section if the motor vehicle 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 motor vehicle
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 motor vehicle 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 motor vehicle or trailer is alleged to have been stolen, the
owner of the motor vehicle or trailer shall submit proof that a Police
report was filed in a timely manner indicating that the vehicle was
stolen at the time of the alleged violation.
C.
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 motor vehicle or trailer. Any reasonable
towing, storage and administrative costs in excess of the value of
the abandoned motor vehicle or trailer that exist at the time the
motor vehicle 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 timeframe and in the form
as described in Subsection (1) of Section 304.156, RSMo.
[R.O. 2004 §205.140; Ord. No. 807 §§1 — 5, 12-6-1994; Ord. No. 1490, 7-15-2019]
A.
BONFIRE
OPEN BURNING
RECREATIONAL FIRE
Definitions. The following words and terms shall, for the purposes
of this Section and as stated elsewhere in this Code, have the meanings
shown herein:
A fire built in the open air for warmth, entertainment or
celebration.
The burning of any materials wherein products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed chamber. For the purpose of this
definition, a "chamber" shall be regarded as enclosed when, during
the time combustion occurs, only apertures, ducts, stacks, flues or
chimneys necessary to provide combustion air and permit the escape
of exhaust gas are open.
An outdoor fire utilized to cook food for human consumption.
B.
Allowable Burning. Open burning shall be allowed without prior notification
to the Code Official for recreational fire, highway safety flares,
smudge pots and similar occupational needs.
C.
Permit Required. Any open burn larger than fifty-five-inch diameter
will require a permit from the City of Pevely, which can be acquired
from the City of Pevely at City Hall.
D.
Attendance. Any open burn shall be constantly attended until the
fire is extinguished. All fires must take place in a confined space
such as a fire pit and not in any open area of land without the proper
permits. No open burn shall be within one hundred (100) feet of all
streams, rivers, ponds, lakes and any other body of water.
E.
Prohibited Materials. Missouri State regulation prohibits any waste
generated by a business, trade, industry, salvage, or demolition operation
unless it is untreated or vegetative wood waste. Wastes that may not
be burned include, but are not limited to, tires, carpet, used oil,
asphalt roofing materials, rubber products, hazardous materials, Styrofoam™, plastics, petroleum-based products, durable
goods, treated wood, any asbestos-containing material, and any other
material deemed hazardous by the Code Official.