[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 §10-42]
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.
[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:
EXISTING
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.
INCINERATOR
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.
MULTIPLE CHAMBER INCINERATOR
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.
NEW
As applied to any equipment, machine, device, article, or contrivance or installation shall mean not "existing" as defined herein.
OPEN BURNING
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.
REFUSE
Garbage, rubbish, trade wastes, leaves, salvageable material, agricultural wastes, or other wastes.
TRADE 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.
[1]
Cross Reference — Fire prevention code, §205.200.
[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.