[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.
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.
[R.O. 2004 §205.140; Ord. No. 807 §§1 — 5, 12-6-1994; Ord. No. 1490, 7-15-2019]
A. 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:
BONFIRE
A fire built in the open air for warmth, entertainment or
celebration.
OPEN BURNING
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.
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.
F. Penalty. It shall be unlawful and a misdemeanor for any person to violate any provision of this Section. Any person convicted of a violation of this Section shall be punished as provided for in Section
100.220 of this Code.