[CC 1971 §10-40]
There is hereby adopted by the City for the purpose of prescribing
regulations governing conditions hazardous to life and property from
fire or explosion, that certain code known as the Fire Prevention
Code, Abbreviated Edition, recommended by the American Insurance Association,
being particularly the 1965 edition thereof, together with the October,
1966 Revision of Amendments thereto, and the whole thereof, save and
except such portions as are hereinafter deleted, modified or amended,
of which code not less than three (3) copies have been and now are
filed in the office of the City Clerk, and the same are hereby adopted
and incorporated as fully as if set out at length herein, and the
provisions thereof shall be controlling within the limits of the City;
provided however, in the event of any conflict between the provisions
of such code and the provisions of this Code of Ordinances, State
law or City ordinances, rules or regulations, the provisions of this
Code of Ordinances, State law or City ordinances, rules or regulations
shall prevail and be controlling.
[CC 1971 §10-40]
The Code adopted by this Article shall be enforced by the Chief
of the Fire Department.
[CC 1971 §10-42]
Whenever the word "municipality" is used in
the Code adopted by this Article, it shall be held to mean the City.
[CC 1971 §10-43]
The Chief of the Fire Department shall have power to modify
any of the provisions of the Code adopted by this Article upon application
in writing by the owner or lessee, or his duly authorized agent, when
there are practical difficulties in the way of carrying out the strict
letter of the Code, provided that the spirit of the code shall be
observed, public safety secured, and substantial justice done. The
particulars of such modification when granted or allowed and the decision
of the Chief of the Fire Department thereon shall be entered upon
the records of the Department and a signed copy shall be furnished
the applicant.
[CC 1971 §10-44]
Whenever the Chief of the Fire Department shall disapprove an
application or refuse to grant a permit applied for, or when it is
claimed that the provisions of the Code adopted by this Article do
not apply or that the true intent and meaning of the Code have been
misconstrued or wrongly interpreted, the applicant may appeal from
the decision of the Chief of the Fire Department to the Board of Aldermen
within thirty (30) days from the date of the decision appealed.
[CC 1971 §10-45; Ord. No. 457 §1, 6-8-1954]
It shall be unlawful for any person to sell, offer for sale
or have in his possession for sale fireworks of any description within
the City.
[Ord. No. 781, 6-18-1991; Ord. No. 791, 6-16-1992; Ord. No. 825, 2-21-1995; Ord. No. 910 §§1 —
2, 8-13-2002]
A.
Definition. The term "fireworks" shall
mean and include any combustible or explosive compositions, or any
substance or combination of substances or articles prepared for the
purpose of producing a visible or audible effect by combustion, explosion,
deflagration or detonation.
B.
Use Of Fireworks With Aerial Trajectory Prohibited. It shall
be unlawful for any person to possess, throw, use, explode, detonate
or shoot, within the City limits, bottle rockets, rockets of all types
and sizes and any and all fireworks with an aerial trajectory having
a cylinder or cartridge holding a propellant charge, which cylinder
or cartridge is not intended to be completely consumed before landing.
C.
Use Of Other Fireworks Limited.
1.
It shall be unlawful for any person to throw or place any fireworks,
including pyrotechnic devices, in such a manner that the same shall
be likely to endanger or cause injury or damage to any person or property.
2.
It shall be unlawful for any person to shoot or detonate fireworks
of any nature within the City limits except on the first (1st) through
the fifth (5th) days of July from 8:00 A.M. until 11:00 P.M. each
day.
3.
Notwithstanding the foregoing, it shall be unlawful for any person
to throw, place, shoot, detonate or explode any fireworks, including
pyrotechnic devices, at any time within the geographic boundaries
of any City park owned by or within the City limits of the City of
Rock Port unless done under the direction of the City of Rock Port
Chamber of Commerce, the City of Rock Port, or other entity as may
be approved by the Board of Aldermen of the City of Rock Port.
D.
Penalty. Any person who fails to comply with or violates
this Section shall be deemed guilty of a misdemeanor and shall be
subject to a fine of not more than five hundred dollars ($500.00)
or imprisonment in the County Jail for a period not to exceed three
(3) months, or both. Any fireworks seized or confiscated as a result
of a violation of this Section may be disposed of by the Chief of
Police.
E.
Newly Annexed Property. It shall not be unlawful for any
person to sell, offer for sale, possess or give away, and store fireworks
within the City, provided that the property on which the sale, possession,
giving away, and storage of fireworks takes place, was annexed to
the City after January 1, 1995.
[Ord. No. 642 §1, 4-5-1977]
Unless the context specifically indicates otherwise, the meaning
of the terms used in this Article shall be as follows:
As applied to any equipment, machine, device, article, contrivance,
or installation, shall mean in being, installed, or under construction
on April 5, 1977, except that if any equipment, machine, device, article,
contrivance, or installation is subsequently altered, repaired, or
rebuilt at a cost of thirty percent (30%) or more of its replacement
cost exclusive of routine maintenance, it shall no longer be considered
existing, but shall be considered new as defined in this Section.
Any article, machine, equipment, contrivance, structure or
part of a structure used to burn refuse or to process refuse material
by burning other than by open burning as defined herein.
Any incinerator used to dispose of combustible refuse by
burning, consisting of three (3) or more refractory lined combustion
furnaces in series, physically separated by refractory walls interconnected
by gas passage ports or ducts and employing adequate design parameters
necessary for maximum combustion of the materials to be burned, the
refractories having a Pyrometric Cone Equivalent of thirty-one (31),
tested according to the methods described in the American Society
for Testing and Materials Method C-24-56.
As applied to any equipment, machine, device, article, or
contrivance or installation shall mean not "existing" as defined herein.
The burning of any materials wherein air contaminants resulting
from combustion are emitted directly into the ambient air without
passage through a stack or chimney from an enclosed chamber. For the
purposes of this definition, a chamber shall be regarded as enclosed,
when during the time combustion takes place, only such apertures,
ducts, stacks, flues or chimneys as are necessary to provide combustion
air and to permit the escape of exhaust gases are open.
Garbage, rubbish, trade wastes, leaves, salvageable material,
agricultural wastes, or other wastes.
Solid, liquid or gaseous materials resulting from construction
or the prosecution of any business, trade or industry, or any demolition
operation, including, but not limited to plastics, cardboard cartons,
grease, oil, chemicals, or cinders.
[CC 1971 §12-1; Ord. No. 229 §1, 3-22-1921, Ord. No. 642 §1, 4-5-1977]
A.
It
shall be unlawful for any person to conduct, cause, permit or allow,
open burning of refuse.
B.
It
shall be unlawful for any person to burn any brush, leaves, grass
or any other refuse, rubbish or other substance whatever on any of
the paving, curbing or guttering of the streets, avenues, alleys or
highways of the City.
[Ord. No. 642 §1, 4-5-1977]
It shall be unlawful for any person to conduct, cause, permit
or allow a salvage operation by open burning.
[Ord. No. 642 §1, 4-5-1977]
It shall be unlawful for any person to conduct, permit, cause
or allow, the disposal of trade waste by open burning.
[Ord. No. 642 §1, 4-5-1977; Ord. No. 778, 4-16-1991]
A.
The
open burning of trade wastes may be permitted only when it can be
shown that such open burning is the only feasible method of disposal
and that disposal is in the public interest. Any person intending
to engage in such open burning shall file a request to do so with
the City Clerk. The application shall state the following.
1.
The name, address, and telephone number of the person submitted the
application.
2.
The type of business or activity involved.
3.
A description of the proposed burning method and material to be burned.
4.
The schedule of burning operations.
5.
The exact location where open burning will occur.
6.
The reasons why open burning is the only feasible method of disposal
and why disposal is in the public interest.
B.
The
open burning of tree trunks, tree limbs, vegetation or untreated waste
lumber shall not be a violation of this Chapter when such open burning
takes place at the site of a disposal area licensed for that purpose
by the State of Missouri or at any other site approved by the Executive
Secretary of the Missouri Air Conservation Commission.
C.
This
Article shall not apply to the following:
1.
Fires set in connection with agricultural operations related to the
growing or harvesting of crops or garden vegetables. For the purpose
of this Article, botanical nursery operations shall not be considered
as agricultural operations.
2.
Fires used for recreational purposes, or fires used for the non-commercial
preparation of food, such as barbecuing.
3.
Fires set for the purpose of instructing and training Firemen in
the methods of fighting fires.
4.
Open burning of tree trunks, tree limbs, and vegetation from land
clearing operations which such burning takes place at a distance equal
to or greater than two hundred (200) yards from the nearest inhabited
dwelling.
D.
Burning
of refuse on residential premises having four (4) or more dwelling
units and burning of refuse resulting from commercial or industrial
activity shall be permitted following application to and approval
of the incinerator by the Executive Secretary of the Missouri Air
Conservation Commission as required by Regulation S-IV of the Missouri
Air Conservation Commission. It shall be unlawful for any person to
violate the provisions of Sections 643.010 through 643.180 of the
RSMo.
E.
Burning
of leaves and yard wastes shall be permitted provided the burning
is conducted on the premises on which the waste originated and occurs
during daylight hours, which shall be defined to mean commencing fifteen
(15) minutes after dawn and ending fifteen (15) minutes prior to sunset
on any given day, seven (7) days a week, unless otherwise limited
herein. Burning of yard wastes shall not occur on public rights-of-way
and the Director of Public Safety may ban said burning of yard wastes
during adverse climatological conditions. Open burning of yard wastes
must be constantly attended by a competent person until such fire
is extinguished and such person shall have a garden hose connected
to the water supply, or other force extinguishing equipment readily
available for use. Fires set for the disposal of yard wastes shall
not be closer than fifty (50) feet to any structure.
[Ord. No. 642 §1, 4-5-1977]
A.
This
Section shall apply to any incinerator used to dispose of refuse by
burning or to process salvageable material by burning except those
situated on residential premises and used exclusively to dispose of
refuse originating on the same premises, provided that total number
of dwelling units does not exceed four (4). Any commercial establishment
or any premises that consists of more than four (4) dwelling units
must accomplish the following:
1.
Make application to the Executive Secretary of the Missouri Air Conservation
Commission for any new incinerator or any existing incinerator. The
start up of any new incinerator shall not occur unless approval has
been received from the Executive Secretary of the Missouri Air Conservation
Commission.
2.
Comply with the provisions of Sections 643.010 through 643.180, inclusive,
of the RSMo.
3.
Any violation of the Missouri Air Conservation law shall be deemed
a separate violation of the Municipal Code of the City of Rock Port,
Missouri.
[Ord. No. 642 §1, 4-5-1977]
This Section shall apply to any incinerator used to dispose of refuse by burning or to process salvageable material by burning situated on residential premises which consists of four (4) or less dwelling units and used exclusively to dispose of refuse originating on the same premises. Any person operating a residential incinerator shall comply with Section 205.340 of this Article.
[Ord. No. 642 §1, 4-5-1977]
A.
Any
incinerator used for the disposal of refuse originating on a premises
on which the total number of dwelling units does not exceed four (4),
shall exhibit the following minimum standards:
1.
Be so designed and operated so that all gases, vapors, and entrained
effluents shall be maintained at a sufficient temperature to destroy
all odor.
2.
Be so designed that the only orifice or opening to the ambient air
shall be the exhaust stack and any air intakes necessary for proper
combustion.
3.
Be so designed to provide suitable protection from the entrance to
meteoric water.
4.
Be placed at a distance of not less than fifteen (15) feet to any
structure.
