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.
